Hampshire Legal October 2016

HAMPSHIRE LEGAL AUTUMN 2016

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

EMMA MORRIS BECOMES A PARTNER (See Page 8)

Inside this issue:

■ Legacies ■ Probate ■ Sustainability ■ Planning for Care

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CONTENTS

ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER John Barry ACCOUNTS Joanne Casey MEDIA NO. 1454

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PUBLISHED October 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.

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

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

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.

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

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COVER INFORMATION The cover image from: Emma Morris, Partner Clarke & Co.

COPY DEADLINES Winter Spring Summer

18th January 2017 18th April 2017 18th July 2017

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

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INTRODUCTION

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SUSTAINABILITY

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CONTACTS

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MANAGEMENT

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HAPPENINGS IN HAMPSHIRE

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CONVEYANCING

Email: bdo@hampshirelawsociety.co.uk

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ARTICLES

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PRIVACY LAW

Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

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LEGACIES

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PLANNING FOR CARE

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PROBATE

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NOTICES

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

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Introduction

PRESIDENT’S REVIEW AUTUMN 2016 It hardly seems possible that this is my last Report, for this Society’s Magazine.

It has been a busy time and the Society remains active on behalf of its members and the wider legal community.

to above, the Legal Ombudsman and a Senior Board Member of the Solicitors Regulation Authority Main Board.

I attended the national Law Society AGM on Thursday 14th July 2016 and was honoured to be invited to the President’s Inauguration (Robert Bourns), which included an interview

by Sky News. Robert Bourns is the 172nd Law Society President and I would commend his Inaugural speech to you, which can be found at www.lawsociety.org.uk/news/speeches particularly the section on “Pride in the Profession”.

Together with the immediate Past President of this Society (Ian Robinson of Churchers Bolitho Way), our Honorary Secretary (Roderick Hursthouse), as well as the Vice President (Russell Evans) I attended the National Local Law Societies Conference in Birmingham on Thursday 22nd and Friday 23rd September 2016. It is really quite odd that the national Law Society appears to be one of the few Law Societies of a Western Democracy, that does not have a National Conference and so it is pleasing that Local Law Societies have “banded together” to form their own national conference filling the gap left by the national Law Society.

The Society organised a “Regulatory Conference” on Thursday 8th September 2016 and the attendance at that Conference was good. Particular thanks go to Nick Gurney Champion of Gurney Champion Solicitors, who worked so hard in organising the same.

Among the speakers, were the President of the national Law Society – Robert Bourns referred

At the time of writing this Report I am pleased to say that our membership stands at 960 and I am hoping that the addition of 41 new

members prior to the AGM on Tuesday 29th November 2016 will tip us over the 1000member mark. If you know of any individuals or firms who are not currently members, then please encourage them to join.

It was with great pride that I represented you at the Annual Legal Service at Winchester Cathedral on Sunday 9th October 2016. I was honoured to process, with all sorts of QC’s, County Court Judges, High Court Judges and the like, with fan fares of trumpets and the Winchester Cathedral Choir “holding a good tune”. Returning to my leit-motif it give me great “Pride in the Profession”.

HAMPSHIRE LAW SOCIETY 2 0 1 7

A N N U A L

D I N N E R

&

A W A R D S

The Hampshire Law Society annual dinner will take place on 25th of May 2017.

Book the date in your diary.

Following the success of this year’s annual dinner with guest speaker Kevin Keegan we are already in discussion with a number of well known national celebrities to both entertain and educate us.

There is also the promise of musical entertainment. More details will follow in due course. If you wish to express your interest or reserve a table please contact: administration@hampshirelawsociety.co.uk

The Awards are your opportunity to come into the limelight and to nominate other professionals and business clients. 2016 was well received and publicised in the press. 2017 will see the introduction of a new award namely Solicitors’ Business of the Year. This will be an opportunity for firms to nominate business clients connected with Hampshire for innovation, excellence and outstanding achievement and endorse relationships.

We will look forward to seeing you there.

THE FOLLOWING AWARDS WILL ALSO BE OPEN TO SOLICITOR NOMINATION: 1. Solicitor of the Year 3. Law Firm of the Year (large firm) 5. Solicitors’ Bank of the Year 7. Solicitors’ Business of the Year

2. Junior Solicitor of the Year 4. Law Firm of the Year (small firm) 6. Solicitors’ Accountancy Firm of the Year

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Contacts

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: 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 Dutton Gregory, 8 Carlton Crescent, Soton SO15 2EY Tel: 02380 221344 Email: k.colmer@duttongregory.co.uk

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 Gledhill Solicitors 1a Powis Square Brighton BN1 3HH DX 2205 Portsmouth Tel: 01273 719083 Mobile: 07766 880460 Email: rebeccafoley@gledhillsolicitors.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

COMMITTEE MEMBERS AND SUB COMMITTEES EDUCATION & TRAINING 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 Ian Robinson

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: 15 SEPTEMBER 2016 Council's September meeting was an opportunity to welcome seven new Council members, and to congratulate the Chief Executive, Catherine Dixon, on being recognised as one of London's top 1,000 influential people in the Progress poll in the Evening Standard. Council also discussed the ongoing work of the review of the Law Society's governance, and had an initial discussion about emerging themes for the 2017 business plan. Both of these matters will come before Council again at what promises to be a very busy meeting in October.

Promoting the profession market and regulatory change The Chief Executive reported on a range of activities in relation to the SRA consultations on a new Handbook and accounts rules, to which a comprehensive response is (at the time of writing) being finalised. We have been actively seeking member feedback through roundtables and roadshows, a webinar, and an online survey. The Chief Executive also updated Council on the submission by the Law Society on 28 August of our response to the Competition and Markets Authority study on the supply of legal services, including the publication of a press release setting out our position in relation to the CMA's proposals for a market solution rather than a regulatory one.

Council also heard about the legal aid deserts campaign which is particularly focusing on the extremely limited supply of legally aided housing law advice. This has achieved a high profile, including an appearance by the Chief Executive on the Today programme and high social media engagement. The Law Society has also been representing its members' concerns to the Legal Aid Agency in relation to the current tendering exercise for 2017 crime contracts.

Considerable stakeholder engagement activity was reported on, including building relationships with new members of the Government, the attendance by the President at the swearing-in of the new Lord Chancellor., and the making of a valedictory speech for the outgoing Master of the Rolls by our immediate past President.

Representing and supporting the profession The Chief Executive updated Council on our continuing engagement with key decision makers on the Brexit agenda, as well as our consultations with our members in roundtables across the country, and our work to provide practical support to members. She met with the Permanent Secretaries at the Ministry of Justice and the Government Legal Service and, as well as setting out our members' views, offered the government the expertise the Law Society has in our Council and committees: this was well received and further engagement will follow. As agreed by Council in July, a Brexit Task Force is being established made up of experts in their fields from the profession. A manifesto on Brexit has been prepared for use at the forthcoming party conferences.

Council was updated on the Investigatory Powers Bill, which is now in the House of Lords. Lord Pannick QC tabled probing amendments on our behalf at Second Reading, reflecting our view of how the Bill needs amendment to give greater protection to legally privileged communications. The Law Society has prepared a draft practice note on legal professional privilege which is currently out for consultation and to be finalised in the autumn.

Council received an update on the solicitor brand campaign. This focuses on the key solicitor brand values: experts in their field; client focused; value for money; honest and honourable; approachable and accessible; and making a positive contribution to society. A wide range of materials has been prepared, targeting both businesses and the public.

Following a roundtable in July, the Law Society is continuing work to develop a pro bono charter and manual that are due to be launched in November, allowing practices to make firm commitments to support and encourage pro bono work with a clear understanding of the contribution it makes to their communities.

The President gave a brief report on the Westminster Forum debate on the legal services market in which he participated. He indicated that his contribution was well received and that there appeared to be wide acceptance of the principle that, in any reforms, solicitors needed to be recognised as professional people who can deal with matters confidentially and, in many cases, resolve disputes without going to court .

Equality, Diversity and Inclusion The Chief Executive reported on the 'soft' launch of the 2016 Social Mobility Ambassadors project, with 37 applications, and 10 new ambassadors appointed. The official launch will be at the Excellence Awards. She also reported on the successful conclusion of this year's Diversity Access Scheme, with 10 new students who will have LPC bursaries, and one who will also have their training contract paid for by the Law Society.

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Happenings in Hampshire

Emma Morris Becomes Partner at Clarke & Son Clarke & Son are pleased to announce the promotion of Emma Morris to Corporate Commercial Partner.

Having joined the firm in 2014 Emma has been on a fast track to success with her outstanding knowledge and ability in the Corporate Commercial sector. Emma was made an Associate Solicitor in 2015 and had an outstanding year working for high net worth individuals and on complex deals becoming highly regarded by clients and other professionals.

Emma is part of the Corporate & Commercial team, specialising in company and commercial law. She provides advice on all aspects of business law including business sales and acquisitions, all forms of commercial contracts, company formations, shareholder and partnership agreements and terms and conditions. Emma assists her clients in all areas of company and commercial law adding value to their businesses.

Partner and Head of Corporate & Commercial, Will Anderson, added: “Emma is an asset to the team and has consistently provided an outstanding level of service to our clients since she joined the firm. Her promotion is well deserved and has been hard earned and cements the knowledge and expertise in the department and the firm for the future”

Southampton lawyers advise management on £43 million sale of UK outsourcer Liberata to Japanese company OUTSOURCING Inc. Southampton-based lawyers Moore Blatch has advised the management team on the £43 million sale of one of the UK’s largest outsourcing companies Liberata, employing 1,424 staff, to Japanese listed outsourcer, Outsourcing Inc. The transaction being completed in just 5 weeks from the signing of heads of agreement to completion.

sole preserve of London only firms. Transactions involving outsourcing organisations are by their nature very complex, as while a sale may be for a single entity, the operating divisions are often very unique businesses in their own right. This issue is further complicated when the purchaser is located, or in Outsourcing Inc case, listed overseas.”

The sale comes just eight weeks after Moore Blatch advised management on the £57 million sale of Liberata subsidiary Trustmarque Solutions Ltd, which employs 620 people, to UK outsourcer Capita Plc.

Martin Trainer, chief financial officer of the Liberata group, comments: “Peter’s team has supported us in both the recent sale of Trustmarque and now of Liberata itself. These were both highly complex transactions with Capita and OUTSOURCING Inc. both being buyers with extremely exacting requirements. On both occasions the team at Moore Blatch has delivered not only the prerequisite legal knowledge, but more importantly they have done it in a way that demonstrates their passion for going that extra mile.”

Commenting on the deal Peter Jeffery, partner, Moore Blatch, said: “In the last two months we have completed deals worth over £100 million in this sector alone, dispelling the myth that large transactions are the

PRESS RELEASE- ANDREW LOWE Lamb Brooks solicitors are delighted to announce that Andrew Lowe has been made Joint Managing Partner of the firm.

Andrew will replace Ann Davies and join Robert Finlayson as Joint Manager Partner. Together they will run the team of 68 staff based at Victoria House and Burgundy House at the top of town. Ann continues with Lamb Brooks as Head of the Family Team and is stepping away from the managerial role to focus on the success of her department.

Andrew joined Lamb Brooks back in 1989 as a trainee solicitor. He was later made partner and currently heads up the Personal Injury and Clinical Negligence team.

With 27 years under his belt at Lamb Brooks, Andrew knows the business inside-out and has witnessed many changes both within the firm and also in the town. As a local man, Andrew played for Basingstoke Rugby Club from 1989-1999 and still supports the club today. When time allows, Andrew also enjoys a round of golf at Basingstoke Golf Club where he has been a member for many years.

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L-R Andrew Lowe and Robert Finlayson.

Commenting on his new post, Andrew said “I am delighted to have been asked to take this position and I look forward to embracing the challenges and responsibilities that lie ahead” “Andrew will be a great asset to the managing team at Lamb Brooks and his appointment is well-deserved by someone who has dedicated all of his working years to the firm. I look forward to driving the business forward together.” commented Robert Finlayson

Happenings in Hampshire

NEW FACES IN THE WILLS AND PROBATE TEAM AT PHILLIPS SOLICITORS

L-R Helen Young, Jonathan Jacobs, Caroline Wallis, Claire-Marie Selwood and Jane Erlam.

NEW faces at Phillips Solicitors have expanded the expertise on offer with the firm’s Wills and Probate Team.

Based at its Town Gate offices in London Street, Basingstoke, the team is now headed by Caroline Wallis.

Having previously worked for a leading Thames Valley practice for ten years, Caroline brings over 30 years of experience to the Top of The Town law firm.

As a solicitor specialising in Wills, Probate and Trusts, she also deals with Inheritance Tax and Estate Planning, as well as Lasting Powers of Attorney.

Caroline, who has recently appeared on the BBC offering her expert legal opinions and in The Observer and Financial Times, said: “I’m delighted to be working for such a forward thinking law firm like Phillips. I am very keen on building and developing the reputation of the firm and attracting new clients to the practice and to promote the expertise of the team in Basingstoke.”

A member of the Law Society’s Private Client Section and STEP – the Society of Trust and Estate Practitioners, Caroline is recognised as an expert in Private Client Law by Chambers, the prestigious guide to the UK legal profession, where last year she was particularly recommended for her asset protection work. She is also known for her work with will planning for parents who have children with learning disabilities, having connections with Mencap in Reading and Wokingham.

Another new face in the team is Jane Erlam, who has joined Phillips, having previously worked for a respected Surrey firm, where she had was head of the Guildford Private Client Team.

Armed with over 24 years of legal expertise, Jane, who is also able to deal with Conveyancing, has dealt with a variety of significant clients – some with large property portfolios.

Excited with her new role, she said: “I want to help build and enhance the reputation of the Wills and Probate Team.”

Like Caroline, Jane is a member of STEP, and is also a member of Solicitors for the Elderly, providing specialist legal advice for older and vulnerable people, their families and carers.

Enjoying the breadth of work she does at Phillips, Jane has a special interest in Estate Administration where she can help families through some of the most difficult times in their lives.

Caroline and Jane work alongside Jonathan Jacobs, who has been with Phillips for two years, and has proved to be adept in dealing with the administration of highly complex estates, setting up and managing Trusts, dealing with the Court of Protection and preparing Lasting Powers of Attorney.

The solicitors are supported by legal secretaries Helen Young who has been with Phillips for 12 years, along with Claire-Marie Selwood who has just joined the firm, with an extensive legal background.

HAMPSHIRE LAW SOCIETY

Hampshire Law Society Ski trip 2017 Once again Hampshire Law Society are planning a trip to the Alps for the annual ski trip – a great trip for skiers of all abilities.

Full details to follow by email

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Happenings in Hampshire

The family law team at Paris Smith LLP has been shortlisted for two awards in the forthcoming 2016 Jordan Publishing Family Law Awards.

Rachel Osgood and Sarah Passemard, who have jobshared at Paris Smith for 9 years, have been jointly nominated for Family Law Partner of the year.

Sarah Passemard

Their nomination recognises the success of their modern and collegiate approach, demonstrating the positive benefits of flexible working for clients as well as providing a role model for junior lawyers.

The family team as a whole has also been shortlisted for the Family Law Firm of the year (South). The team of 10 specialist family lawyers, which is expanding to 12 shortly, is based in Southampton and Winchester. The team has been recognised as a leading specialist family team, consistently highly ranked in Chambers and the Legal 500 over many years. Individuals including head of department Frank Prior, Huw Miles, Sarah Passemard, Rachel Osgood and Neil Davies have also been recognised individually for their expertise.

Rachel Osgood

Managing Partner Peter Taylor commented, "I am delighted that Sarah and Rachel's achievements have been recognised in this way.

They bring different but complementary skills to their work as well as over forty years of specialist legal expertise between them, and we have seen the benefits to our clients.

"At Paris Smith LLP we are justifiably proud of our specialist Family Law team which continues to grow and develop. They richly deserve their shortlist for both Family Law Partner of the year and Family Law Firm of the year and we wish them the best of luck at the ceremony in November."

Back in the water for charity Portsmouth based solicitors Larcomes LLP were back in the water for charity once again, only this time bigger and better than before. In 2015, they had to dodge both the IOW Ferry and the swarm of jellyfish steadfastly swimming alongside them as they swam just under 3 miles from Gosport in Portsmouth to Ryde in the Isle of Wight to raise much needed funds for the Portsmouth Young Carers.

In 2016, we have seen the team blistering their hands and ‘catching crabs’ whilst training for London’s River Marathon of 21.6 miles leaving the Docklands and ending up in Ham in Surrey. Only 2 from the team rowed before and training was very tough with the team navigating big waves, heavy rain and rowing against the tide. On Saturday 3rd September the team were part of 330 crews from all across the globe that took part in the Great River Race which is London’s River Marathon. Their official time was an impressive 4 hours, 1 minute and 52 seconds finishing 302/324 overall.

As last year’s charity was in aid of young children, it was decided to focus locally on the elderly this year. The firm rowed in aid of the MHA: Fratton Live at Home Scheme which offers services and support to help older people lead independent, active and fulfilled lives, and to live securely.

They aim to help elderly people maintain their independence and offer opportunities for companionship, support and advice when needed.

WHY DO WE NEED A LASTING POWER OF ATTORNEY? I always advocate that my clients consider making Lasting Power of Attorneys as they are such a useful tool.

I persuaded my parents to make one in 2012, despite my Father grumbling that he could not see a need for one.

Then, they were on a cruise this year and Dad was taken off the ship in Northern Spain with suspected norovirus. My Mother found hardly anyone spoke English, so was not finding it easy, so we decided it was best not to tell them that the ceiling had fallen down in their house in Kent the next day due to a water leak!

Their neighbours contacted their insurers, but they insisted on speaking to my Dad who was the named policy holder. He was barely conscious at the time so we could not envisage how we would first tell my Mum the terrible news then get her to get a phone to my Dad in hospital, then he talk to them on the phone.

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Fortunately, I was named as his Attorney on the Lasting Power of Attorney, which I had in the safe at my office, so I was able to email this and the insurance company would deal with me, as they have now done through the processing of the claim.

My elder sister flew to Spain to be with them whilst we met Loss Adjusters in Kent then broke the news to the parents when they were slightly better.

This is perhaps a slightly extreme example but shows the use a Lasting Power of Attorney can be.

Wendy Hewstone Access Law LLP

Happenings in Hampshire

DUTTON GREGORY ON THE MOVE Regional heavyweight law firm Dutton Gregory is expanding which has led to a string of new promotions and plans to relocate to larger modern offices.

Andrew Tilley

Following new business acquisitions over the past 2 years, annual turnover of more than £8M and now employing over 100 staff, the board is pleased to announce the promotion of five staff to senior positions: Anne Martin and Emily Bray to Associate Legal Executives; Bernadette Bland and Louise James to Associate Solicitor and Julie Boarder to Senior Associate Solicitor & Team Leader.

Newly promoted Emily Bray comments “I joined Dutton Gregory in 2012, I’d heard what a good place it is to work and I haven’t been disappointed, it’s a great team where everyone supports each other and it’s a really professional environment to work. I’m thrilled to progress in my career with Dutton Gregory.”

Emily Bray

Dutton Gregory is also in the advanced stages of planning to relocate into larger modern offices in the Southampton area, firmly establishing their growing presence in Hampshire and Dorset.

Andrew Tilley, Chairman of Dutton Gregory says “I am pleased to announce this new wave of promotions and wish to congratulate them all on their new appointments. The whole team at Dutton Gregory has built an outstanding reputation and this is reflected in our recent success, winning the Hampshire Law Society ‘Law Firm of the Year’ award for 2016. It is a privilege to lead such a committed and professional team. The business continues to grow and even more exciting times are ahead. We currently have plans to relocate to new, larger offices in the Southampton area and are close to finalising where that will be.”

Premier League signing for Warner Goodman Southampton Football Club’s financial director Toby Steele, Warner Goodman partner Sarah Whitemore and Michelle Butler HR director at Southampton Football Club

Leading law firm Warner Goodman has made a key singing ahead of the new Premier League season with Southampton Football Club joining its employment law portfolio.

Saints have signed up for Warner Goodman’s innovative Peace of Mind package which is designed to offer companies of all sizes a comprehensive employment law resource.

Warner Goodman partner Sarah Whitemore said she was delighted to sign the Premier League club, which joins other leading employers including the University of Winchester and Brendoncare as a Peace of Mind client.

“The club’s team takes care of day to day HR and we are on board to handle specific matters which need specialist employment law expertise ensuring the club can focus on a successful season on the pitch,’’ said Sarah.

Southampton Football Club’s financial director Toby Steele is no stranger to the Peace of Mind offering, he was a customer at his previous company and was keen for Saints to benefit from the same service.

“As a key employer in the city it is vital that we are kept up to date with changes in employment law, that our staff contracts reflect any changes and that we have the very best advice at all times and that’s what Warner Goodman offers - the aptly named Peace of Mind,’’ he said.

The Peace of Mind service has been a huge success for Warner Goodman, which has offices in Southampton, Fareham and Portsmouth.

“We’ve seen tremendous growth in the last two years as companies look to ensure they are up to date with changes in employment law,’’ said Sarah. “And clients are also impressed with direct access to experts and our regular seminars and training programmes.”

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Happenings in Hampshire

SOUTHAMPTON LAWYER APPOINTED TRUSTEE OF LOCAL CHARITY A lawyer from Trethowans’ personal injury team in Southampton has been appointed as a trustee and board member of the Wayne Howard Trust, an acquired brain injury charity.

James Gleisner, who works as a paralegal, was inspired to play an active role in the trust after seeing the good work it is doing to help people with brain injuries.

The Wayne Howard Trust is a Southampton-based charity which raises money and awareness, as well as supporting people with acquired brain injuries and their families. It was set up by Isobel Howard, whose son Wayne was injured in a serious motorcycle incident.

James said: “It is a privilege to have been appointed to the board of trustees for this worthwhile charity. This injury not only affects the injured party but also those around them who care for them the most. Through the hard work and support of charities like the Wayne Howard Trust, injured people and their families

will hopefully get the care and support that is needed and I am happy that I can be a small part of that.”

Charity founder Isobel added: “The Wayne Howard Trust is a small local charity, which is actively passionate about supporting survivors of brain injury. The trust is so happy to welcome James to our board of trustees. James is a young, personable, highly intelligent, and caring young man, whom we believe is the perfect fit for our charity.”

Trethowans’ personal injury division is ranked in band one of this year’s Chambers UK list; an annual publication which lists the very top lawyers in the UK, based on feedback and recommendations from clients and peers.

Dutton Gregory supports Wave 105’s Cash for Kids Awards 2016 For the second year running, Dutton Gregory, solicitors, is flying the flag for fundraising efforts in the South by sponsoring the ‘Fundraiser of the Year’ category of the Wave 105 Cash for Kids Community Awards 2016.

Nominations are now open and the award ceremony will take place on October 14, 2016 at the Hilton Bournemouth Hotel.

During the evening those people who have overcome huge challenges and individuals and organisations that have inspired others and supported local charities will be recognised.

Sue Murphy, Head of BD & Marketing at Dutton Gregory said “this is an excellent opportunity for us to celebrate the hard work of the thousands of fundraisers we have in the South. These people work tirelessly to raise funds for others much less fortunate than themselves and it’s nice to be able to show our appreciation of that.”

To be eligible for nomination the person you wish to recognise must be, or work with, children who are financially, socially, physically or emotionally disadvantaged.

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In total, there are 16 award categories including: • Child of Courage Awards • Outstanding Achievement Award • Inspiring Teacher of the Year Award • Volunteer of the Year Award • Young Volunteer of the Year Award • Carer of the Year Award • Fundraiser of the Year Award • Young Fundraiser of the Year Award • Parent/guardian/family member of the year Award • Children’s Charity of the Year Award • Medical Professional of the Year Award • Mental Health Professional of the Year Award • Young Sporting Achievement Award • Making a Difference Award • Young Persons Excellence in the Arts Award • Wave 105 Gold Award A full description of each category is available online at www.wave105.com/Cashforkids

Happenings in Hampshire

Minister for Civil Society to give Key Note Address at Paris Smith's Annual Charity Conference Paris Smith's annual Charity Conference - 'Public Confidence' on 03 November 2016 at Southampton Football Club is fast approaching.

Following key note speeches from Sam Younger (2013), Lord Hodgson (2014) and William Shawcross (2015) Paris Smith is delighted to have secured the Minister for Civil Society (Rob Wilson MP) as the key note speaker this year alongside other high profile speakers including Stephen Dunmore (Chief Executive of the Fundraising Regulator), Sarah Parish (a well known actress and Founder and Trustee of the Murray Parish Trust) and Laura Trapnell, Head of Intellectual Property at the firm.

There are currently over 320 attendees, so if you haven’t already booked your free place then do so by emailing Sandy Wells at sandy.wells@parissmith.co.uk. The firm are confident that the Paris Smith Charity Conference 2016 will be the most informative and best Charity Conference yet.

Minister for Civil Society, Rob Wilson MP, said: "Charities depend on the trust and confidence of the public, which is why it is important that the actions of a few don't tarnish the reputation of the entire sector.

"I am looking forward to attending the Forum and speaking about fundraising regulation, strengthening the Charity Commission and restoring trust in the sector."

Chief Executive of the Fundraising Regulator, Stephen Dunmore Said: “The Fundraising Regulator was launched in July, taking ownership of the Code of Fundraising Practice and the Rulebooks on Street and Door-To-Door Collections. We are committed to working with the charitable sector and donors to help ensure that fundraising is respectful, open, honest and accountable to the public”.

Actress & Co Founder of The Murray Parish Trust, Sarah Parish Said: "We are delighted to be invited to speak at Paris Smith's annual charity conference. My husband Jim and I set up the Murray Parish Trust back in 2009 and we are looking forward to sharing our journey so far, we will speak of our highlights and our challenges along the way."

S AV E T H E D AT E ! T U E S D AY 2 9 T H N O V E M B E R 2 0 1 7

HAMPSHIRE LAW SOCIETY 2017 ANNUAL GENERAL MEETING

Date: Tuesday 29 November 2017 Time: From 5.30pm Where: Ageas Bowl, Hedge End, Southampton The AGM will take place at the Ageas Bowl, Southampton on Tuesday 29 November 2016. This is your opportunity to hear about the successes of the Society over the past 12 months and ask any questions of the committee and officers.

A 3 course dinner following the AGM will be held in the Robin Smith Suite at 7.30pm the price of the tickets will be £35.00.

After dinner there will be an address by an appropriate speaker Full details will be emailed to members in due course

Hampshire Legal

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Happenings in Hampshire

Pictured l to r: Kathryn Casey-Evans, Employment Partner at Trethowans; Simon Rhodes, Head of Employment and Senior Partner at Trethowans; Mims Davies MP and James Humphery, Senior Employment Solicitor at Trethowans.

Law firm’s white paper reveals skills shortage will hold back prosperity in the central south The central south is facing a serious skills shortage in the next five years which is likely to hold back growth and prosperity.

That’s one of the main findings contained in a White Paper on employment trends in the area produced by leading regional law firm Trethowans.

The firm also noted that a significant proportion of the contentious issues reported in the workplace over the last twelve months related to pregnancy and maternity discrimination.

With offices in Poole, Salisbury, Southampton and Winchester, Trethowans has obtained opinions from across the region. To give its unique perspective, the firm’s highly regarded Employment and Immigration Team led by Senior Partner Simon Rhodes, has surveyed more than 100 people from the three distinct and key stakeholder groups in the Employment Triangle, namely owners/managers, employees and human resources professionals.

Eastleigh MP Mims Davies, who has just joined the Government under Prime Minister Teresa May, has added her weight to the report. Writing the foreword in the 20-page document Mrs Davies said: “I very much welcome the opportunity to launch this important piece of work which examines in some detail an issue very close to my heart: the workplace, particularly with women in mind.”

Eastleigh MP Mims Davies has recently been appointed as the Parliamentary Private Secretary to Matt Hancock, the digital policy minister at the Department for Culture, Media and Sport. Her other duties include being Chair of the All-Party Parliamentary Group for Women in Parliament; Member of the Women and Equalities Select Committee.

She added: “In my role as the MP for the constituency in which Trethowans has its Southampton headquarters, I make it my priority to see and understand first-hand how we can all play our part in bringing prosperity to the region. One of the important roles for Government is building the right environment for business to flourish, create jobs and boost the local economy.”

Simon Rhodes, speaking at the launch event in Stoneham near Eastleigh, said: “The Employment Triangle of bosses, employees and HR professionals, highlighted the skills shortage facing the public and private sectors. It is already a key issue for the central south and the unanimous

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feeling across all three groups was that the skills gap will only get bigger.

The three groups also agreed that the struggle to recruit skilled workers would continue to be a major impediment to growth and prosperity across the region.

“The fact that all three groups consider this to be a major challenge, should be an invitation to owners/managers, employees and HR teams to work more closely together to resolve it. Putting all three viewpoints into the mix would create more workable ideas to help staff retention and recruitment.

“Sadly, in many organisations that rarely happens in a meaningful way. It seems to us that all organisations - and the Employment Triangle relationships within them - would benefit from more innovation and flexibility. The combined power of employer, employee and human resources needs to be better harnessed for the good of the staff and organisation as whole."

Reflecting on the tensions in the workplace surrounding pregnancy and maternity discrimination, Mr Rhodes said: “This area appears to be creating some tension and challenges for all three groups. This finding is given substance by anecdotal evidence gathered by Trethowans’ lawyers and reports published independently of this survey.

“From our findings, we feel we have enough evidence to suggest that pregnancy and maternity-related issues could become an increasing workplace battleground over the next few years. This is obviously a great shame. The Employment Triangle can surely do more together to achieve a workable balance and reduce this tension.

"We are delighted that Mims has taken such an interest in our project and I have to say the findings will give all three stakeholders groups some serious food for thought. I would certainly like to thank all the participants who have given their time so freely."

For anyone who wants to receive a copy of the White Paper entitled “Working Towards 2020: Employment Trends in the Central South,” contact Employment Partner Kathryn Casey-Evans by email on Kathryn.Casey-Evans@trethowans.com

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Articles

Hils Litigation Article 10-16 The Future of Litigation – Online Courts & Fixed Costs As practitioners will be aware Lord Justice Briggs recently published his much anticipated review of the litigation system entitled ‘Civil Courts Structure Review’ on 27th July 2016.

As practitioners will be aware Lord Justice Briggs recently published his much anticipated review of the litigation system entitled ‘Civil Courts Structure Review’ on 27th July 2016.

The highlights and recommendations contained within the report include: • A new ‘Online Court’ to be used by parties with minimum assistance from lawyers • Case Officers taking over many functions currently performed by judges • Digitisation and a move to paperless courts • Mediation as the norm and a solution focused approach The key recommendation is the establishment of a new Online Court to deal with all monetary claims up to £25,000 in value.

The vast majority of claims within the UK are below that sum and will be encompassed accordingly.

The Online Court will be designed to be used by parties with what is described as the ‘minimum assistance’ from lawyers. Practitioners may recollect that there was a proposal to increase the small claims limit to £25,000 some years ago. In the face of the LASPO reforms and the closure of many law centres, courts and judges have been beset by the rise of the Litigant in Person.

The Online Court will focus upon issue online, system based interaction, short and simple rules and engagement where required with a Case Officer. As Lord Justice Briggs recently commented at the CIArb Mediation Symposium the hope is that 90% of cases will never have any judicial consideration or intervention of any kind. There will therefore be both minimum solicitor and minimum or limited judicial intervention.

The aim is for a cheaper more encompassing less adversarial solutions based process and a paperless court by 2020. Case Officers will encourage parties to resolve their disputes. Lord Justice Briggs lamented the demise of the National Mediation Helpline. He proposes that the ‘A’ is therefore taken out of ADR so that ADR and in particular mediation is no longer an ‘alternative’ to litigation but rather the ‘norm’. Practitioners will already be aware of the current cost implications for those who do not properly consider and engage in mediation (see PGF II SA v OMFS Company 1 Ltd [2013] CA).

The effectiveness of the system will of course depend entirely on appropriate investment, infrastructure and adequately trained case officers.

Whilst the current proposal is for the Online Court to deal with cases up to £25,000 in value Lord Justice Briggs added: ‘Make no mistake, this is a wholly new way of dealing with civil disputes, with no limits on its long-term ambitions.’

Increasing efficiency, simplicity and wider public engagement has much in principle to commend it. The devil however is always in the detail and in this case the commitment to justice, its infrastructure and the funding put in place. Needless to say

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questions have already been raised publicly about an insufficient budget. There is also a danger in the lack of basic public legal understanding. A report published by the CAB in 2015 concluded that two thirds of people would not know whether to proceed with a case unless they could talk to a lawyer for advice.

The closure of many law centres, the widespread abandonment of Legal Aid and proposed de facto increase in what has traditionally been described as the Small Claims Limit (with its consequential impact upon legal advice and cost recovery) will potentially witness the spectre of growing knowledge deserts.

Websites whilst helpful if properly constituted can be no more than general guides. The Litigant as consumer will need to know precisely what he is looking for as well as understand the nuances and limits of description. In this lies the conundrum.

Websites can not measure up to and replace the clarity of specific tailored advice from an experienced lawyer.

Many lawyers and judges have of course witnessed the limits of Litigant in Person knowledge first hand.

The aim of Lord Justice Briggs for social inclusion is praise worthy. The principle of Access to Justice has not been well served in recent years. Clearly a joined up system is needed. Joined up thinking however also requires appropriate infrastructure and advice before entering the court system.

In tandem with the announcement of the Online Court has come the announcement of fixed costs.

The publication by the Lord Chancellor of the ‘Transforming our Justice System’ consultation paper paves the way for the introduction of a fixed cost regime advocated by Lord Justice Jackson earlier this year in relation to all civil cases valued between £25,000 and £250,000.

As Liz Truss has indicated the intention is that fixed costs will be extended to ‘as many civil cases as possible’.

The signals have been clear for some time. The emphasis has been upon cutting back, freeing up judicial time, managing and imposing limits on cost recovery. A fixed cost regime is clearly coming. This will have an effect and impact on case handling and case management.

Will there be a trend towards the abandonment of high risk, high cost and more complex cases or more effective targeted dispute resolution and wider use of mediation? Time will tell.

Practitioners will need to prepare and take account of where the winds are blowing. Proportionality and cost budgeting are already here. ADR is encouraged. Fixed fees and limits on costs recovery are around the corner. Earlier, more pro-active solution focused strategies will therefore need to be considered.

Russell Evans, Vice President of the Hampshire Law Society Mediator, Resolve UK Mediation www.resolveukmediation.co.uk

Articles

Bringing claims against insured defendants – the new regime The Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) came into force on 1 August 2016 and is intended to simplify how claims are brought against defendants who have (or may have) insurance cover. In this article James Robins and Belinda Fox of Bond Dickinson LLP explain the implications of the 2010 Act, and why practitioners need to be alive to this legislative development.

The Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) modernises and simplifies the Third Parties (Rights Against Insurers Act) 1930 (the 1930 Act) to reflect changes in insolvency laws since the 1930s, including insolvency procedures.

The old regime - the 1930 Act The 1930 Act provided that, before a claimant could bring a claim against an insurer, it must first establish liability as against the insolvent defendant. However, at the point that the claim was brought, the claimant would not necessarily know whether the defendant had any insurance cover so would not know whether it was worth bringing the claim until after liability had been established. If, after establishing liability, the claimant established that the defendant did not have any, or any sufficient, insurance, the claimant was left with no way of recovering its damages or costs (including the additional costs incurred in establishing liability against the insolvent defendant).

The 2010 Act – what's new?

Under the 2010 Act, the claimant still has the option of adopting the 1930 Act route of establishing liability and then bringing a claim against the insurer. However, it may also now claim directly from a defendant's insurer if the defendant becomes insolvent, which prevents any monies paid out by insurers in these circumstances from becoming an asset in the insolvent estate. This removes the need for multiple sets of proceedings by allowing the claimant to issue proceedings directly against the insurer and to resolve all issues (including the insolvent defendant's liability) within those proceedings.

Other key changes are that the 2010 Act:  improves the claimant's rights to information about any insurance policies, allowing it to obtain information at an early stage in order to enable an informed decision about whether to commence or continue litigation.  removes the need to restore defendants who have been struck off the companies register.  allows the claimant to fulfil conditions in the policy on behalf of the insured (i.e. notify the claim) to help prevent insurers from refusing cover for breach.

The 2010 Act is not retrospective. In most circumstances, it will only apply if liability has been incurred after 1 August 2016 (the date it came into force) or if the defendant becomes insolvent in one of the ways specified by the 2010 Act after 1 August 2016. If both events happened before 1 August 2016, the 1930 Act will still apply.

The effect of these changes The 2010 Act is expected to avoid or at least limit the costs of bringing and defending proceedings where no insurance cover is available, and to streamline the legal process for claiming insurance monies where they are potentially available, making it quicker and more cost-effective.

What action should lawyers now take?

Lawyers acting for claimants should now consider whether to make an information request from an insolvent defendant, or its insurers or brokers, before commencing proceedings. Information which

can be requested includes the terms of the contract; details of any coverage dispute; and whether there has been any erosion of the limit of indemnity.

This information will put claimants in a much stronger position when considering whether to adopt the 1930 Act procedure or the new 2010 Act procedure, or whether it is worth pursuing proceedings at all. It will also enable claimants to reduce the risk of insurers avoiding cover, by allowing a claimant to fulfil policy conditions in default of the defendant insured having done so.

Claimant lawyers who ignore the new opportunity under the 2010 Act to investigate what insurance cover is potentially available could be incurring unnecessary and irrecoverable costs for their client if a liability is not actually covered by insurance. This sort of oversight could leave solicitors open to a professional negligence claim.

James Robins (Partner) & Belinda Fox (Managing Associate), Bond Dickinson LLP.

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Articles

THE RIGHT TO A PRIVATE LIFE AND POSSESSION PROCEEDINGS. On the 15th June 2016 the Supreme Court gave its judgment in McDonald (by her litigation friend Duncan J McDonald) (Appellant) v McDonald and others (Respondents) [2016] UKSC 28.

The appellant was a 45 year old woman with an unstable personality individual rights against infringement by the state or its emanations thus disorder which at times of stress could develop into psychotic episodes. section 6(1) of the 1998 Act only applies to ‘a public authority’.

She was unable to work and had lost two public sector tenancies due to What Pinnock did not decide was whether this law applied where the her behaviour. In 2005 her parents (the respondents) bought a property person seeking a possession order is a private landlord. That was the for the appellant to live in. They financed the purchase with a loan from issue to be determined in McDonald. The appellant’s argument was, Capital Home Loans Ltd (CHL) which was secured by a legal charge whilst CHL was the private company and therefore not a public over the property. The respondents granted the appellant a series of authority, a court is a public authority (s 6(3) of the 1998 Act) and assured shorthold tenancies (ASTs) with the rent being covered by therefore no judge can make an order for possession without first housing benefit. The last of these ASTs was for one year from 15th July considering whether it would be proportionate to do so, and, if so, what 2008. The appellant continues to live in the property. The respondents terms it would be proportionate to include in the order. Thus the position paid interest on the loan by way of monthly instalments until, due to of a private sector residential tenant facing eviction is quite similar to that financial difficulties, they fell into arrears. Accordingly, in August 2008, of a public sector residential tenant, as determined in Pinnock. This is CHL appointed receivers of the property. The receivers although known as indirect horizontal effect of the Convention. However, the appointed by CHL were entitled to take steps in relation to the property private sector tenant is in a weaker position because the private landlord on behalf of, and in the name of the chargors, the respondents. As the could claim that a delay in granting him possession to a property to rent was being paid and the arrears were not substantial the receivers which he is entitled would be an interference with his rights under took no action in respect of the property until 2012 when, because the article1 of the First Protocol to the Convention (A1P1) which provides arrears persisted, the receivers served a notice, in the name of the that every natural or legal person is entitled to the peaceful enjoyment of respondents, on the appellant on 13 January 2012, indicating that they his possessions. Thus a judge invited to make an order for possession would be seeking possession of the property. The notice was served against a residential occupier by a private sector landlord would, if the under section 21(4) of the Housing Act 1988 (the 1988 Act) and it appellant’s argument was correct, have to balance the landlord’s A1P1 expired on 14 March 2012. On the expiry of that notice, the receivers rights against the occupier’s article 8 rights. Either party would have a then issued the proceedings, again in the name of the potential claim against the United Kingdom in Strasbourg if respondents, for possession of the property in the Oxford the balance were struck in the wrong place.

The law County Court. The county court made an order for The Supreme Court held that whilst article 8 was engaged it possession and this was upheld by the Court of Appeal. enables both was not open to the appellant to contend because of it the The appellant then appealed to the Supreme Court. The parties to know court could justify a different result from that mandated by judgment was given by Lord Neuberger and Lady Hale where they the contractual relationship between the respondents and with Lord Kerr, Lord Reed and Lord Carnwath agreeing.

CHL. This is because Parliament had already decided in the stand when The appeal raised three questions. First, in respect of Protection from Eviction Act 1977, section 89 of the Housing they enter into possession proceedings by a private landlord, whether Act 1980 and Chapters I and IV of the 1988 Act the proper an AST. the court should consider the proportionality of evicting balance between the article 8 rights of residential tenants the occupier, in view of section 6(1) of the Human Rights and the A1P1 rights of private sector landlords when their Act 1998 (the 1998 Act) and article 8 of the European Convention on tenancy contract has ended. Whilst these statutes where enacted prior Human Rights (the Convention). Second, if the answer to the first to the Human Rights Act 1998 coming into force in 2000, they had question is yes, could section 21(4) of the 1988 Act be read to comply been effectively confirmed on a number of occasions by Parliament with than conclusion? Third, if the answer to the first and second since 2000 when approving amendments to those statutes. The questions was yes, would the trial judge be entitled to dismiss the claim Supreme Court maintains that it is right that Parliament set out a general for possession. set of rules to be applied in the private sector without requiring the court It was the first question that was central to the case and the answer is in addition having to address the issue of proportionality in each case the ratio decidendi of the case. Article 8 gives everyone the right to where possession is sought. This will lead to consistency of application respect for his private and family life. Section 6 (1) of the Human Rights and certainty of outcome and that is what the rule of law requires.

Act provides that “[i]t is unlawful for a public authority to act in a way Acceptance of the appellant’s argument would dilute the consistency which is incompatible with a Convention right”, which, of course, and certainty of the law. It was a question of getting the balance right: includes the article 8 right. Where a local authority or other public conferring a measure of protection on residential occupiers, without authority is seeking possession of a residential property it is open to the conferring so much protection as to deter private individuals and occupier to raise the question of whether it is proportionate to make the companies from making residential properties available for letting. order: Manchester City Council v Pinnock [2010] UKSC 45. Pinnock The law enables both parties to know where they stand when they enter made domestic law compatible with Strasbourg jurisprudence and into an AST. Even in hard cases the court should not be required to changed the earlier view of the House of Lords that, although a claim for address the issue of proportionality as once it is determined that possession of residential property by a local authority engaged the landlord is entitled to possession that should be the end of the matter. article 8 right of the residential occupier, the proportionality of making an ‘To hold otherwise would involve the Convention effectively being directly order for possession was already taken into account by Parliament enforceable as between private citizens so as to alter their contractual through the legislation which limited the landlord’s right to obtain rights and obligations, whereas the purpose of the Convention is…to possession. However, Pinnock makes it clear that only in exceptional protect citizens from having their rights infringed by the state. To hold cases would it be appropriate for the court to consider a proportionality otherwise would also mean that the Convention could be invoked to argument as where a local authority is entitled to possession as a interfere with the A1P1 rights of the landlord, and in a way which was matter of domestic law, there will be a very strong case for saying that unpredictable’ at [42]. If article 8 permitted a court to delay the making an order for possession would be proportionate. The Supreme execution of a possession order for a significant time, it could lead to Court also said this law should only be applied against local authorities financial loss without compensation because the landlord would not be or other public authorities. The Convention is intended to protect able to sell with vacant possession. It would also encourage private

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Articles

based process. ‘There is nothing equivalent in section 21(4) of the 1988 landlords to engage in self-help by unlawfully changing locks when the Act, which is purely mechanical - the right form of notice must be given residential occupier was absent. These are valid reasons in the context at the right time to expire at the right time at’ [65]. Thus in respect public of the capitalist system, but the quote from the judgment does indicate authority tenancies there was opportunity to enable the court to read that the operation of the Convention in domestic law is not fully into it a requirement that the court consider the proportionality of making understood by the Supreme Court because it is not a question of CHL an order for possession. This was not possible with private landlord being directly in violation of the appellant’s article 8 rights or the appellant being directly in violation of CHL’s A1P1’s rights because they tenancies. To do otherwise would have involve using section 3 to amend section 21(4) rather than interpret it. are not public authorities. What the court is in fact saying is that indirect horizontal effect of the Convention by a court has no role to play in As to the third question if the answer to first and second questions was cases where Parliament has already decided the balance between yes the Supreme Court was of the view that ‘the cases in which it would rights. Contrast cases where Parliament has not intervened such as a be justifiable to refuse, as opposed to postpone, a possession order potential tortious relationship where the court is required to must be very few and far between, even when taken as a carry out a balancing exercise of conflicting Convention rights The cases in proportion of those rare cases where proportionality can as in the recent case of PJS v News Group Newspapers’ Ltd which it would be successfully invoked. They could only be cases in [2016] UKSC 26. ‘It is in sharp contrast to the present type of be justifiable to which the landlord’s interest in regaining possession was case where the parties are in a contractual relationship in refuse, as heavily outweighed by the gravity of the interference in respect of which the legislature has prescribed how their opposed to the occupier’s right to respect for her home’ at[73]. respective Convention rights are to be respected ‘at [46]. postpone, a CONCLUSION. The Supreme Court then reviewed the Strasbourg case law possession order The outcome is understandable when taking into at [48] to [60] and found nothing that required the indirect must be very few consideration the lack of affordable rented property. The horizontal effect of the Convention by the court and thus Supreme Court supports its decision to dismiss the dismissed the appeal on the first question as the answer was and far between appeal by citing government policy in passing the no. In view of that conclusion the answers to the final two Housing Act 1988 which was to reverse the decline of rented housing questions are obiter. and to improve its quality: White Paper, Housing: The Government's In respect of the second question the Supreme Court concluded that Proposals (Cm 214, 1987) para 1.1 at [13]. The aim was to encourage section 21(4) of the 1988 Act could not be read down under section 3 of private landlords to let their properties. But this is a harsh decision the 1998 to allow a court to assess the proportionality of making the against a vulnerable appellant. She risks being homeless although the possession order. Had the Supreme Court concluded section 21(4) was Supreme Court in an afterthought hopes there will be sufficient equity in incompatible with article 8 the only option would have been to issue a the property, when it is sold with vacant possession, to fund the cost of declaration of incompatibility under section 4 of the 1998 Act. A new accommodation at [74]. The appellant’s only option now is to distinction was drawn between tenancies granted by a public authority appeal to the European of Court of Human Rights a route that the landlord and that granted by private landlord at [62-65]. Under the current conservative government intends to end. legislation governing the former reasons for possession had to be given

By Simon Parsons, which could be subject to principles of public law; it would be open to a HILS member, tenant to defend the possession proceeding as unlawful if no reasons were given. The ending of public authority tenancies was reasoned

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Legacies

A Living Legend Every year, we take in around 17,000 dogs every year who have been abandoned, abused or neglected.

Dogs Trust never puts down a healthy dog.

So with the help of our wonderful supporters, we can give these deserving dogs a second chance in life.

Providing expert veterinary care, specialist rehabilitation equipment and training facilities doesn’t come cheaply. Not to mention all the vital everyday necessities like food, bedding and heating.

Dogs Trust receives no government funding, so we wouldn’t be able to run our 21 state of the art rehoming centres around the UK without the generous donations from our supporters.

A third of our funds come from gifts included in people’s Wills.

One such supporter, Dr Thomas Preston, has pledged to leave a legacy to Dogs Trust in his Will, after he and his beloved wife Pat spent 40 years of their married life looking after and rescuing neglected and unwanted dogs.

Pat always had dogs from a young age, and couldn’t bear to see them injured or ill-treated. Sadly she passed away in 2014, leaving behind Tom and her darling dogs. It was the shared belief that no healthy dog should be put down that led her to make the incredibly generous decision to leave us a gift in her Will. So if you love dogs like we do, please consider leaving a legacy to Dogs Trust.

We promise we’ll never put down a healthy dog.

A third of our income relies on gifts in Wills.

Every year, Dogs Trust cares for nearly 17,000 dogs in our 20 rehoming centres around the UK. We never put down a healthy dog. By supporters leaving a gift in their Will, their love of dogs can live on and help us make the world a better place for them.

For more information call:

020 7837 0006 or email:

infopack@dogstrust.org.uk Or please write to:

Freepost RTJA-SRXG-AZUL, Dogs Trust, Clarissa Baldwin House, 17 Wakley Street, London EC1V 7RQ (No stamp required).

Please quote “113410”. All information will be treated as strictly confidential

www.dogstrust.org.uk

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Hampshire Legal

Reg. Charity Nos: 227523 & SC037843

Legacies

LEAVING A LEGACY TO CHARITY

I’ll declare an interest. The Royal Maritime Club in Portsmouth is a charity – founded in the early 19th century to look after young sailors who were laid off between ships. It couldn’t have kept going so long without legacies!

Our charitable activities are varied, but they all revolve around the Club building, its splendid banqueting hall and the myriad private bars and dining rooms and cosy club rooms. These are used by fellow charities for open days, events, meetings, ship reunions and even wakes; bringing me neatly back to wills and legacies.

And what’s more, HMRC guidance states that: “Your donation will either: ◦ be taken off the value of your estate before Inheritance Tax is calculated ◦ reduce your Inheritance Tax rate, if more than 10% of your estate is left to charity” Win-win, I’d say.

Tricia Howse, CBE, retired Barrister.

Trustee, Portsmouth Royal Maritime Club

This year we were notified that an old sailor in Kent had left his “residual estate” to the Club in his will. This proved to be the £61,000 remaining after his home had been sold and his family bequests. It came in the nick of time. Our elderly central heating boilers were just about to expire. There will be a plaque on the new ones and our kind benefactor’s name will go on our “wall of fame”!

THE ROYAL MARITIME CLUBProviding excellent accommodation since 1851

Hampshire Legal

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Legacies

REMEMBER

A CHARITY Did you know that legacy giving is fundamental to the amazing work of many charities?

Simply mention ‘including a charity’ to your clients.

In fact, legacy income is estimated to be worth almost £2.5 billion a year to charities in the UK. Many charities rely on these gifts to help them carry out their vital work.

Two out of three guide dogs and six out of ten life boat launches are paid for by gifts in Wills, as is over a third of Cancer Research UK’s life-saving work.

Unfortunately there is evidence of a disconnect between people’s intentions to give money in their Wills and those doing so. Research shows that 35% of those surveyed wanted to leave money to charity in their Will, but only 6.3% do.

Remember A Charity works in collaboration with more than 160 member charities, the UK and Scottish Governments and The Law Society to do what no single charity can do alone – making legacy giving a social norm.

Remember A Charity is part of the Institute of Fundraising, a registered charity in England and Wales (No. 1079573) and in Scotland (No. SC038971).

Your clients may not care that it’s illegal to handle a salmon suspiciously. However, they may like to know they can leave a gift to charity in their Will. rememberacharity.org.uk

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Most people don’t realise they can use their Will to take care of not just their family, but everything else that’s important to them as well by leaving a gift to charity. Solicitors can play a key role in the Willmaking process by reminding their clients that leaving a gift to their favourite charity is an option.

A report published by the Cabinet Office, working in partnership with Remember A Charity, showed that when professional advisors like you ask their clients if they would like to leave a gift to charity in their Will, they were twice as likely to give.

Making provision for everything that’s important.

A Will can be used to look after everything that your client cares about, from family and friends, to charity. Leaving a gift to a charity that your clients are passionate about can make an enormous difference.

If we can just make a small increase in the percentage of people leaving a gift in their Will from 6.3% to 10% it is estimated we could raise over £1 billion extra for UK charities – the equivalent of a further 10 Comic Relief appeals a year.

Most people don’t realise they can use their Will to take care of not just their family, but everything else that’s important to them as well by leaving a gift to charity.

HERE’S TO THOSE WHO O CHANGE ED THE WORLD D

Dr Elisabeth Svendsen MB BE Founder of The Donkey Sanctuary (by Mike Hollist)

WH HA AT WILL W YO Y OUR R LEGACY G Y BE? Help protecct and care ffo or abused donkeys by remembe ering us in your will.

To receive a copy of our Leaving a Legacy guide ‘Y Yo our questions answered’ or o to speak directly with our Legacy y Te Team please contactt 01395 578222 marie.wilson@thedonkeysanctuarry.org.uk

RETURN FORM O TO:

N Name: Mrr//Mrs/Miss

THE DONKEY SANCTUARY Legacy Depa D artment (SJ), (SJ) Sidmouth, Devon, D EX10 0NU.

A ess Addr

A charity regisstered with the Charity Co ommission fo or England an nd Wa Wales No. 264818

Postcode E Email

w w..thedonkeysanctuar www u y..org.uk/legacy

0014_14_DS

Probate

Genealogical research – The secrets of locating missing heirs With the majority of estates, identifying the rightful heirs is straightforward.

However, when beneficiaries are missing or unknown it can throw the entire estate administration process into disarray.

A case which highlights these risks involved a spinster who died intestate and left a £200,000 estate. Her paternal family was quickly located and reported that there were no surviving maternal relatives.

However, when the deceased’s post was redirected to her solicitor, a card was received from ‘Cousin Joyce’ who had not been mentioned by any other family members. As a result, the solicitor appointed Title Research to research the family tree in greater detail. They identified seven maternal family members who all stood to inherit from the estate under intestacy rules, fundamentally changing the distribution of the estate.

This may sound unusual but Title Research reports that 40% of family trees that they check contain errors.

This may sound unusual but Title Research reports that 40% of family trees that they check contain errors. Had the estate been administered without further investigation, the beneficiaries (and their legal representatives) could have been left exposed if entitled beneficiaries emerged after the estate had been distributed.

So how do you mitigate these risks? The SRA expects you to take reasonable steps to find all beneficiaries; only small estates of £500 or less can be self-certified and donated to charity. One way of doing this is to ask the beneficiaries whether they are aware of any other heirs but cases like ‘Cousin Joyce’ demonstrate how this approach is inherently unreliable.

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Specialist insurance cover to mitigate the risk of a missing beneficiary coming forward is also an option. However, very few insurers offer cover unless genealogical research has been undertaken beforehand. For larger estates, a recognised genealogy report is often the only viable option for legal professionals to take.

To safeguard you and your clients against the consequences of a missing beneficiary coming forward, many firms carry out a beneficiary search through a specialist genealogist, like Title Research. They provide a comprehensive report which identifies any potential heirs (and locates them if necessary) or at least provides reassurances that there is little chance of further beneficiaries existing.

“In the authors’ view, whilst there is no authority which provides assistance on this point, it is possible that a beneficiary might successfully argue that the personal representative has acted in breach of duty by appointing an heir locator on such a basis, and should be personally accountable for the share that the beneficiary has paid to the heir locator.”

Unlike many of our competitors, we do not work on a contingency basis as we believe this is far too expensive, unfair and misleading for all parties. The costs of any work we undertake will be agreed up front, ensuring a clear and transparent service for all involved.

For more information Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.

Spotlight on Probate

INTERVIEW WITH PETER BAVERSTOCK ON WILLS AND PROBATE Peter Baverstock is CEO of LEAP UK, which offers cutting edge case management systems, including wills and probate forms and materials, to small law firms. In a recent interview Peter talks about how the company has been updating its estate planning offering – and why, since launching in the UK nearly two years ago, it’s racing ahead in leaps and bounds...

You just updated your wills and probate material three months ago Peter – why was that?

LEAP’s system has always comprised of a wills and probate offering – the wills-side of things was straightforward but producing, for example, an IHT 400 is actually quite a complex matter. So, over the past nine months, we have tweaked our wills and probate case management system – we’ve listened to what our clients want and remodelled it accordingly, now we’re heavily promoting that as part of the LEAP package as we believe it’s now one of the best on the market. At present we have a team of Product Specialists visiting law firms across the UK demonstrating the software and our estate planning material. We focus on high street law firms with 1 to 25 members of staff, generally our clients work across a variety of areas of law. But I’d say around 60% of our current client’s work, at least some of the time, in probate. and that’s why having the right wills and probate package is so important. And to those small firms who aren’t working in probate we’d ask: why not? The ability to work on a probate file is already there, within our system, so use it. Otherwise a lot of probate work is walking out of the door and going to large corporate firms. And that’s daft, when the technology is at our clients’ fingertips.’

Have you had good feedback on the new material?

‘Yes our clients are embracing it, praising the simplicity of generating the 205 and the way the IHT 400 is produced as well.’

Apart from updating the wills and probate process, what other innovations have taken place at LEAP in the last few months?

‘We’re at the forefront of changing the way people work, using instant online chat software with our clients, launched four months ago. So, as soon as a client logs in to our community, a chat box pops up and one of our engineers is online, ready to provide

support. Any issue that can’t be fixed through an online conversation, which the majority of things can, we’ll call the client immediately. We have analysed the new online chat system and it’s taken our call logging times from hours down to minutes. And we’ve received a great response from clients themselves on the efficacy of the system. It’s a lot less frustrating for them than making a call and then waiting an hour or two for a call back – with online chat they connect with one of our support people in seconds.

2016 has been incredibly busy so far – what’s left for the next four months of the year?

‘It has been a busy year but one of our mottos is never, ever give up and we live by that mantra. We’re continually pushing boundaries to ensure our clients have the best service and products. So in September we launched our LEAP iPad application which means clients’ can access their data in a standard format on iPad, lap top, PC or smartphone.

We know that small law firms need that flexibility in the way they work – often they’re out on site meeting people to discuss their wills so it’s sensible for them to be able to draft a will there and then, while they’re actually with the client. It’s all about efficiency – allowing law firms to work the way they want to work. If they can be flexible with their practise management solutions, then they can give a much better service to their clients.’

And how is LEAP doing in general since launching in the UK in October 2014?

‘It’s nearly two years since we launched and we have already reached 700 firms using LEAP so it’s going incredibly well and our product is being well received. Clients value it because it’s so simple to use – it works the way they work. As to the future – well as I said before we never, ever give up, we want to ensure our clients get the very best in technology after all we spend some £5m a year with over 50 developers continually looking to improve our solutions.

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Probate

THE ASSOCIATION OF PROBATE RESEARCHERS (APR) TAKES THE FIRST STEPS TO REGULATION IN THE HEIR HUNTING INDUSTRY

The Association of Probate Researchers (APR) was formed in response to the lack of regulation in the Probate Research (Heir Hunting) industry.

Neil is a partner at Fraser and Fraser, the research firm who have featured most prominently on BBC One’s Heir Hunters programme for 10 consecutive series. After several years of looking at ways to promote regulation, Neil is delighted to announce that APR (which was incorporated in June 2016) is now a recognised body under the Professional Paralegal Register (PPR). APR’s new status is set to benefit its members, allowing them to hold a PPR practising certificate whilst they follow APR and PPR guidelines.

The probate research industry is unregulated and APR was set up as a voluntary, self-regulatory body which aims to raise standards and to offer protection to beneficiaries from hobby genealogists and enthusiast amateurs. APR protects consumers (beneficiaries) from firms and individuals who believe that, after having watched the TV series, they can become probate researchers with very little or no legal training and experience. In the past few years there have been several cases of fraudsters posing as Heir Hunters resulting in millions of pounds being stolen from members of the public. This is just the tip of the iceberg.

PPR was launched in 2015 by the National Association of Licensed Paralegals (NALP) and the Institute of Paralegals (IoP).

The PPR was set up in direct response to the Legal Education and Training Review (LETR) in order to regulate paralegals and only recognise those who provide the highest of standards. APR is the fourth body to be recognised by the PPR and the only body for Probate Researchers or Heir Hunters.

All APR members sign up to the professional ethics and code of conduct. Members benefit from: Inclusion on the Register held by the PPR; the ability to apply for Paralegal Practising Certificates which provide regulation that until now has been missing from the industry. The APR has an independent compensation scheme, which has been setup to promote regulation, protect fellow members of the legal industry, and more importantly reassures the general public and beneficiaries that they can turn to an authoritative body if they have been taken advantage of.

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Commenting on this development, APR Chair Neil Fraser said: “APR is the only Recognised Body for Probate Researchers that has access to a compensation scheme and an independent complaints procedure. We are proud to be working alongside the PPR to enhance the status of Professional Paralegals. Our members will at last be able to have their professional status recognised, this is only the beginning in order to justly regulate the industry, but it is a huge first step.

“Beneficiaries can be comforted by the fact that our individual paralegal practitioners are regulated and backed by a compensatory scheme, an industry first.”

Rita Leat, Managing Director of the PPR added: “We are delighted that APR is now a Recognised Body under the PPR. The probate research profession have been among some of the unsung heroes offering legal services and we welcome them as Professional Paralegal Practitioners. The PPR is the voluntary regulatory body for all legal service providers who work in the unregulated sector. It provides a robust but proportionate set of regulatory standards with a compensatory scheme available to consumers when things go wrong.”

The APR is in talks with several of the leading firms in the industry and hope to announce more members in near future.

Sustainability

SUSTAINABILITY and the VALUE of CARBON REPORTING. As the Autumn approaches and the nights draw in our memories of warm summer days and sunlight begin to fade to be replaced by crisp mornings and chilly evenings.

Now is a perfect time for law firms to be thinking about how to measure, manage and reduce their energy costs.

Having a sustainable approach to business and reducing energy use is as relevant for medium sized and smaller law firms as it is for multinational corporates because it is about running your business more responsibly and saving money in the process. Simple actions can result in significant benefits - such as turning off PCs and monitors and switching to energy saving light bulbs (turning off a computer instead of leaving it on screen saver can save £45 a year). Figures from DECC (the UK’s Department for Energy and Climate Change) suggest SMEs could reduce their energy bills between 18 to 25% by installing energy efficiency measures coupled with a change in approach and culture within a firm.

Actions by individual law firms all add up as the newly published 2016 LSA Annual Report shows. This year Legal Sustainability Alliance (LSA) members recorded a saving of 6857 tCO2e - the equivalent in weight of over 68,000 baby elephants and in volume terms enough to fill 1371 hot air balloons. This saving equates to 13824597 kWh of electricity worth nearly £2m a year.

Quick wins, such as energy saving tips, case studies and guides, examples of cost saving measures and simple steps (such as duplex printing or a “think before you print” maxim) may seem blinding obvious and too simple to mention but our experience shows that firms find them helpful – particularly where there is no dedicated environmental team or individual in the business.

Employee engagement and culture change go hand in hand and medium and smaller law firms are at a distinct advantage in this area.

The leadership of senior partners is vital to support this culture change but within a smaller practice generating buy in and enthusiasm can be easier. Resources the LSA can offer firms trying shift their culture include advice on running a Green Week, employee engagement initiatives and our annual travel challenge to promote sustainable travel.

It is about running your business more responsibly and saving money in the process.

However, its about far more than just money, the increasing demand from clients, employees and from legislation mean that thinking and acting sustainably is no longer a ‘nice to have’ optional add on, it is becoming a business and moral imperative.

In a recent address to members of the Legal Sustainability Alliance, David Rivkin, President of the International Bar Association and Partner at Debevoise and Plimpton, called on lawyers to be not only only shrewd technical advisors but also aspire to be “lawyer-statespersons who ask both is it legal and is it right” in response to climate change which is “the greatest challenge of our time” .

Research carried out by the Carbon Trust showed that consumers are 63% are more likely to buy a product or service from a business if they know actions are being taken to reduce its carbon footprint: while a CIPD survey found that 50% of people would prefer to work for a company with a strong environmental policy. The client side demand is an increasing imperative for many law firms tendering for work, both commercial and public sector clients now require their providers to evidence their commitment to, and action on, sustainability as part of the tender process. This coupled with the increase in legislation such as UK’s Energy Savings Opportunity Scheme (ESOS), and the pressure to attract and retain the best new talent into the business all contribute to the shift towards sustainability becoming part of ‘business as usual’.

Underpinning all these initiatives is the LSA’s commitment to measuring our members’ environmental impact, year on year, through the use of the bespoke Carbon Footprint Tool. This tool developed and run by Greenstone on behalf of the LSA is a vital, free resource for firms of all sizes to measure and monitor the carbon associated with their electricity, gas and water use as well as their business travel. In 2016 16 firms with 300 or fewer employees reported and, of those, 7 firms had fewer than 100 staff.

The Carbon Footprint Tool as with all LSA resources is free for LSA members – and the LSA is a free network open to all UK law firms and in house legal council. We strive to make it easy for firms to rise to the challenge set by David Rivkin and the COP21 Paris initiative as well as that set by clients. As Jeff Twentyman, LSA Chair, partner at Slaughter and May, points out in his foreword to the Annual Report “so far as expectations are concerned, many of our clients have expectations of their suppliers (that’s us!), but we also want our profession itself to acknowledge responsible, sustainable business practice as part of what we expect of ourselves…We need to keep calling out colleagues when we see things happening that are neither sensible nor sustainable.”

For more information on the LSA and how to join visit our website Legalsustainabilityalliance.com or email the team on info@legalsustainabilityalliance.com. ■

However, at the LSA we are aware that for many small to medium sized firms this is not an area in which they have had much experience and starting from scratch it can feel like an impossible task. The LSA is an inclusive movement of legal firms and organisations committed to working collaboratively to take action to improve the environmental sustainability of their operations and activities. Now approaching its tenth anniversary the LSA supports its 200 member firms with a range of resources and tools that offer guidance and support that sustainable working. These resources fall into three main categories – quick wins, employee engagement and culture change.

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Management

“If you’re a taxdodger, we’re coming after you” The Prime Minister has pledged to take action against “advisers” who help the rich avoid tax In the Prime Ministers first Conservative Party conference speech as Prime Minister, she singled out advisers, accountants and middlemen as targets in the government’s clampdown on tax avoidance.

M

ay says: “If you’re a tax-dodger, we’re coming after you. If • HMRC say that these penalties will not affect those who engage you’re an accountant, a financial adviser or a middleman in 'legitimate' tax planning, but legitimate tax planning is not defined who helps people to avoid what they owe to society, we’re and one person's legitimate tax planning is another person's coming after you too. unacceptable tax avoidance. You could have a situation where a client seeks tax advice about a potential tax liability and if the “An economy that works for everyone is one where everyone plays adviser tells them how to save tax they may be penalised by HMRC by the same rules. So whoever you are you – however rich or and yet if they do not advise the client they may be sued for powerful – you have a duty to pay your tax. And we’re going to negligence. make sure you do.”

• Similarly, a solicitor is under a professional duty to act in the best We can now all probably spot a mass marketed tax avoidance interests of his or her client at all times but how are they able to scheme, but how do you now differentiate between what is a mass satisfy their professional obligations if advising their client on how to marketed tax avoidance scheme and what the mass of the advisor market and their clients would class as standard advice/planning to save tax may lead to HMRC imposing substantial penalties on the solicitor concerned. I anticipate that the Law Society and the SRA reduce down tax liabilities. will wish to express their views on the proposals.

HMRC is now looking to levy penalties of either 100 per cent of the • There are practical difficulties with the proposals. For tax evaded, or £3,000, whichever is higher. In the example, it is assumed that HMRC will not be able to consultation, which closes shortly, HMRC also calls for HMRC is now seek legally privileged material which raises questions measures subjecting each person found to be enabling looking to levy of how HMRC will establish whether the lawyer tax avoidance to a penalty in their own right. penalties of concerned has 'enabled' the avoidance and should either 100 per Speaking with Adam Craggs, a Specialist Tax Litigation therefore be penalised. Similarly, it is often difficult in cent of the tax Partner at Reynolds Porter Chamberlain LLP, he complex tax disputes to quantify the tax 'avoided' and evaded, or expressed the following views/ therefore it may be difficult to quantify any tax geared £3,000, • The recently published consultation document penalty. whichever 'Strengthening tax avoidance: sanctions and deterrents' • The rule of law is designed, amongst other things, to is higher. contains a number of government proposals for act as a constraint upon behaviour, including the deterring tax avoidance. In my view, the proposals are behaviour of government officials. If enacted in their ill thought out and are an attempt to conflate tax evasion, which is current form, I would expect the proposals to be subject to legal of course against the law, with tax avoidance, which is lawful. challenge on the basis, for example, that they breach the Human • The main thrust of the proposals is the introduction of penalties Rights Act 1998. for 'enablers' of tax avoidance which is 'defeated'. The proposals are • HMRC are frequently provided with wide ranging powers which aimed at people who undertake transactions where tax is saved in they then rarely use. For example, the GAAR, which suggests that a way which was not intended by Parliament. It proposes charging such swinging powers are not necessary. No evidence has been penalties on everybody who enables others to avoid tax such as produced by HMRC to support the argument that these new trustees, accountants, IFAs and lawyers. The proposals appear to powers are really needed. be illogical because if somebody enters into a transaction with the Suffice to say the tax world is constantly changing for advisors, the intention of saving tax and following a challenge by HMRC the question is when does standard advice planning cross over into tribunals/courts find that it succeeds, the transaction is in accordance with the intention of Parliament and if the transaction is something more aggressive, the rhetoric from HMRC and the not in accordance with the intention of Parliament, it will fail and not Government seems to suggest it is at the point where any advisor now saves tax on behalf of its clients. save any tax. In other words, if it succeeds, it is not objectionable and if it fails there is no tax saving!

Steven Vallery • The proposals will penalise professional advisers who have Business Development Director advised clients who have entered into perfectly lawful transactions S4 Financial Limited and claim, on the basis of the advice they have received, that the Contact: 01276 34932 transactions result in a certain beneficial tax effect. HMRC is suggesting that if the claim fails the professional adviser should be Important Information penalised for simply expressing a view on the law which does not This newsletter is for general information only and is not intended to be advice to any correspond with the view held by HMRC. For HMRC to say that specific person. You are recommended to seek professional advice before taking or although you have not broken any law we are going to penalise you refraining from taking any action on the basis of the contents. The FCA does not simply because you have disagreed with us must surely be regulate tax advice so it is outside the investment protection rules of the Financial unacceptable in an established democracy. Many commentators Services and Markets Act and the Financial Services Compensation Scheme. find the notion of penalising lawyers for advising their clients on the law repugnant.

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Conveyancing

Gazumping (…and Gazundering): Why alternative offers are always in the property market spotlight Leading search provider PSG asks Andy Payne, from Northcott Beaton, providers of PSG’s ‘Safe as Houses’ Property Transaction Insurance, to explain ‘Gazumping’ and how you can safeguard your fees in the event that a purchase fails to complete.

The volatility of the property market can be simplified by placing it in terms of pure supply and demand. When demand outstrips supply, property values soar and there seem to be more potential buyers than there are properties. Conversely, when supply outstrips demand there seems to be a glut of properties on the market with proportionately low values and nobody there to buy them.

The intricacies of this forever changing fluctuation mean that, at any one time, either the buyer or the seller has the upper hand in a property transaction. When demand outstrips supply, the vendors run the show which means that buyers constantly face the risk of other buyers stealing their new home away from them at the very last minute, perhaps in the form of a higher offer financially or a more desirable offer (maybe chain free or a cash purchase). This is called “Gazumping” but there is a lesser known phenomenon that operates at the other end of the scale – “Gazundering”.

add the ‘Safe as Houses’ Insurance policy to your order, providing cover up to £1,500 in the event that a transaction fails to complete, subject to the policy terms.

For more information on insurance products and services from PSG Financial Services Limited: Email: customerservices@psgfs.co.uk Visit: www.psgconnect.co.uk or Telephone: 01226 320 076

“Gazundering” occurs when supply outstrips demand. In this situation, due to the progressively slow moving market, a purchaser (with an offer already accepted) will re-approach the vendor and lower their offer forcing the vendor to take it or risk not selling the property.

“Gazundering” leads to low property values, which leads to more buyers, which increases the demand, which increases the incidence of “Gazumping”. This increases property values, which leads to more sellers, the supply outstrips demand and we are back to “Gazundering” again. In this respect, the property market does not ever evolve, it revolves. The length of time for this orbit can vary, normally in correlation with national economic performance, interest rates, inflation, tax implications etc. However, it means that, at any one point, a buyer or a vendor of any property is at risk of losing their transaction. Each purchase transaction must have an associated vendor (and vice versa) and that vendor may be buying somewhere else etc etc etc . . . the chain can be very long and is only broken when there is either a relative first time buyer or a property is being sold with no onward chain. The more links in this chain, the more chances that the transaction may not complete.

There are approximately 750,000 to 1 million successfully completed residential transactions per year in the UK with over 170,000 transactions falling through. At an average, each of these aborted transactions costs the consumer £996 in abortive solicitor’s fees, survey fees, mortgage lenders arrangement fees, disbursements. This works out to be an average total loss to consumers of circa £169,320,000 PER ANNUM! These costs can be covered by insurances which could potentially soften the blow in what can be a very costly experience both financially and emotionally. When you instruct PSG for your searches, you can simply

When a transaction fails it is frustrating and often costly for you and your client.

Protect that money from going down the drain with our range of property transaction protection policies.

To find out more Call 0845 1212 355 Email customerservices@psgfs.co.uk Visit www.psgconnect.co.uk Insurance services are provided by PSG Financial Services Limited which is authorised rised and regulated by the Financial Conduct Authority.

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Conveyancing

How Technology is Evolving the Conveyancing Market Recently, Apple announced the release of their latest iPhone, and as is seemingly tradition with these releases, there is often a controversial twist involving legacy standards and processes that shake up the status quo, ones that show Apple as a frontrunner of technology.

These moves have included the removal of CD and disk drives in Apple laptops; the changing of charging ports; and most recently, the universal audio jack has been replaced by lightning port, causing much heated debate amongst consumers. However, all these decisions, whilst contentious, are geared towards Apples’ goal of driving the market forwards and making the consumer think differently.

from the risk/reward model that this offers. InfoTrack are one such technology thought-leader who, similarly to Apple, demonstrate an understanding of driving change in a market through a process of evolvement. InfoTrack are introducing solutions that encompass the process from searching through to SDLT submissions and AP1 transfers, and most recently, the introduction of electronic contract packs (eCOS).

So how do Apple and their strategic product plays apply to the conveyancing sector? Technology does not distinguish between industries. There are many companies that create technology specifically for the legal industry, and are working to push the limits of the legal process status quo, driving the market to invoke change.

eCOS is a paperless solution that offers an electronic alternative for preparing and exchanging contract packs (including the TA6 and TA10 forms) between the buyer, seller and their solicitors. Electronic contract packs are a great example of the type of technology that consumers now expect from their conveyancer during the selling process. These Contract Packs are lodged in InfoTrack’s portal and can be accessed from any device, at any time. Utilising this technology avoids delays that are often a result of postage, making eCOS technology an appealing advance for the conveyancing process.

However, it is not only the companies but also the early adopters of new tech that are needed to push changes in the market ahead, and within the legal world, law firms will find themselves benefitting

Unique to InfoTrack, the development of the eCOS is a strategic move to drive change in how conveyancing is conducted, and to encourage law firms to move from legacy based, manual processes to working predominantly in an electronic environment.

Companies who take a trail-blazing approach like InfoTrack and Apple, aim to make an impact and lasting contribution on a market.

However, they are also aware that implementation can be a slow process of adoption which is why evolution, over revolution, is important. In the conveyancing world where faster, safer, smarter solutions are needed sooner rather than later, it is imperative that the profession are adopting technology from businesses who push the boundaries to drive the market forward. â–

By Adam Bullion, General Manager of Marketing, InfoTrack.

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Conveyancing

Environmental searches: a simple solution to the complex issue of flood risk.

In Summer, we witnessed flash flooding on an almost biblical scale. n parts of Southern England, cars were caught in rising floodwaters and businesses were forced to close as almost a month’s worth of rainfall fell in just one hour.

There are many common misconceptions around flood risk.

When we think of flooding, there’s a tendency to picture a river that’s burst its banks. However, that’s not always the full story.

Did you know the Environment Agency estimates that more properties in England are at risk from surface water flooding than flooding from rivers and the sea?

In its practice note from May 2013, The Law Society draws attention to these hidden dangers, stating: “It may not be obvious when a property is at risk from flooding. Properties do not need to be close to a river or the sea or on low-lying ground to be exposed to flood risk. Surface water, groundwater and overflowing sewers are increasingly common causes of flooding.”

So, how do you make sure that your clients’ property transactions are completely watertight?

“Flood risk is a complex issue but the solution for conveyancers is simple,” says Steve Johnson, Account Director from Landmark Information Group. “The right property search will accurately

identify the level of flood risk at a client’s property while removing the burden of interpretation from the conveyancer’s shoulders.”

Thames Water Property Searches offers Landmark’s standalone Homecheck Flood report, as well as the all-encompassing Riskview Environmental Search, both of which offer a fully practice note compliant flood risk assessment.

“While misconceptions may abound, it is common knowledge that buying a home in an area prone to flooding can make it difficult to obtain a mortgage, obtain suitable insurance cover or sell the property in the future,” says Steve.

“Given the huge negative implications for clients, it is essential that solicitors and conveyancers follow The Law Society’s guidance by addressing flood risk in accordance with the Flood Practice Note,” he adds. “That way both the homebuyer and lender are fully informed before the purchase completes and the conveyancer remains robust in their due diligence.”

If you would like to find out more about our products or would simply like some advice, please do not hesitate to contact our customer experience team on 0845 070 9148 or visit www.thameswater-propertysearches.co.uk

you

www.gcs-title.co.uk | 01435 868050 | underwriters@gcs-title.co.uk Guaranteed Conveyancing Solutions Limited mited is authorised and regulated by the Financial Conduct Authority.

Registered in England and Wales No. 36 623950

Legal Indemnity In nsurance

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Planning for Care

A room for every occasion

Conference & meeting facilities at Lakeside North Harbour are modern, stylish functional spaces, making them perfect for all styles of meeting and conference requirements and the conference & meeting room team always on hand should you have any last minute requests.

We can tailor our facilities precisely to suit your event - from small, hour long meetings to all day training and conferences, all available with or without refreshments and use of contemporary break out areas whether that be in our stunning Atrium, licensed Atrium Café, Business lounge, Winter Garden or Southern Courtyard.

And if you are planning an academic seminar, business conference or corporate function, our flexible 250 seated auditorium with built in surround system suits the needs of a diverse range of groups and organisations.

Avoid a wrong turn with care planning Stopping for independent financial advice can make a big difference How am I going to pay for my care?

How much might it cost me?

Will I have to sell my house?

O O O O

Help to consider clients’ care options Money advice and benefits check Comprehensive care services information Approved care fee specialists who are: – – – –

qualified independent financial advisers specialists in long-term care advice accredited by the Society of Later Life Advisers approved by Trading Standards’ Buy with Confidence – trained in safeguarding adults – Disclosure and Barring Service checked

01243 642121 www.westsussexconnecttosupport.org/ carewise

socialcare@westsussex.gov.uk What can I afford?

WS31656 10.16

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Planning for Care

AVOID A WRONG TURN WHEN PAYING FOR CARE Plan for the future, today Long-term care could be one of the most expensive purchases people make after buying a house Most people wouldn’t take out a mortgage without financial advice, yet many don’t think about this when it comes to paying for care. Good financial planning is vital.

We considered a number of options. One was to arrange an immediate care plan for a premium of £138,000. It would pay her care provider £2,100 a month, which would increase each April by 5% and be payable for her lifetime. However, this option would only leave £72,000 of her estate and Grace and her family were uncomfortable with the idea that such a large sum could be lost if Grace died soon after buying the plan.

There are a wide variety of options available to pay for care and it can be difficult to know what is right for each person. When you are considering the need for advice for a client about long-term care planning we recommend letting your There are a clients know how Carewise can help. wide variety Carewise was set up by West Sussex County Council, the Society of Later Life Advisers (SOLLA), Age UK West Sussex and West Sussex Partners in Care to provide trustworthy, independent advice about care and support and the most cost-effective funding solutions.

Carewise includes a panel of locally-based independent financial advisers specialising in planning for later life; all are members of SOLLA. They provide advice from across the market and can help people to preserve their savings and assets for as long as possible.

of options available to pay for care and it can be difficult to know what is right for each person.

To provide people with added confidence they are all approved

by Trading Standards’ Buy with Confidence scheme, Disclosure and Barring Service checked and trained in safeguarding adults.

Here’s how financial advice from a Carewise care fees specialist helped one West Sussex family.

Grace* was 84 when her daughter and lawyer asked for advice on paying for long-term care. Grace suffered from physical problems and mild dementia and required full-time residential care. Grace owned a house and after it was sold she had assets of £210,000.

Instead we agreed that Grace should buy a five-year deferred care plan at a cost of £26,100. This plan has the same long-term benefit as the immediate plan, but will only pay out if Grace still needs care in five years’ time. In the meantime she funds the care from her assets. Overall the long-term cost of this option is greater but Grace and the family were happier with this solution as they would feel that the extra money had been spent on Grace’s care.

Once paid, the premium can never be returned, but Grace and her family found the plan gave them great peace of mind. Grace knew that the income from the plan would be there as long she lived and she would still have money to leave to her family. On Graces’ death she will leave an estate between £184,000 and £67,000, depending upon how long she lives.

This is just one example of how Carewise can help people make sound choices about their future care.

To find out more about Carewise go to www.westsussexconnecttosupport.org/carewise or phone Adults’ CarePoint on 01243 642121 and ask for an information pack. *name changed to protect clients anonymity

We estimated that if Grace did nothing her money would decrease and after seven years she would need her care paid for by the local authority. Council funding would be lower than the care home fees, meaning a family member would need to pay the difference.

Hampshire Legal

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Notices

Jasper Vincent Solicitors Jasper Vincent Solicitors (JV) continues to expand, having recently merged with “Starbuck and Mack Solicitors” and opened a new office in Fareham.

“JV require a “Private Client Solicitor/Legal Executive” to join their growing team. The position would be primarily based in Fareham.

PRIVATE CLIENT SOLICITOR/ LEGAL EXECUTIVE Location:

Fareham

An experienced candidate, used to managing their own caseload would be desirable, STEP qualified would be preferred, but not essential. JV would support STEP training to the right candidate.

Jasper Vincent Solicitors (JV) continues to expand, having recently merged with “Starbuck and Mack Solicitors” and opened a new office in Fareham.

“JV require a “Private Client Secretary/ Personal Assistant/ Paralegal” to join their growing team. The position would be primarily based in Fareham.

PRIVATE CLIENT SECRETARY/ PERSONAL ASSISTANT/ PARALEGAL Location:

Fareham

An experienced candidate used to working in the Private Client Area would be desirable.

MacDonald Oates LLP Solicitors FAMILY SOLICITOR or LEGAL EXECUTIVE Location:

Petersfield

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

Ideally with 1-2 years PQE you will have had experience of working in a family department, have good academic qualifications and be willing to become a committed member of our successful team.

You will assist with the current caseload in the department and grow your role within the department. You must be willing to be involved in client sourcing work and business development and be confident in promoting the firm’s values. You will be providing the highest level of service to our clients, which is tailored to their individual needs. You will 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.

There will be training opportunities and we can offer excellent career prospects for the right candidate.

Apply at www.macdonaldoates.co.uk/vacancies or call 01730 268211

SOLICITOR/LEGAL EXECUTIVE– Commercial Department Location:

Hampshire, West Sussex and Surrey

Please contact mrobbins@jaspervincent.com

Our commercial department has a growing reputation in Hampshire, West Sussex and Surrey and we are looking to strengthen the department with the recruitment of another assistant solicitor.

MISSING WILLS: Mr Peter Anthony Burbidge 16 Swallow Drive, Milford on Sea, Lymington SO41 0XD Dob: Dod:

03/05/1946 10/08/2016

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

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

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Hampshire Legal

The team is experienced in dealing with financing and corporate restructuring, mergers, acquisitions and sales of companies and business assets, drafting and advising on all manner of commercial contracts.

Ideally with 1-2 years PQE, you will: • Have assisted running a varied commercial or corporate caseload • 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 qualifications 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.

Apply at www.macdonaldoates.co.uk/vacancies or call 01730 268211

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