Winter 2016/17
The BILL of
Middlesex Official journal of the Middlesex Law Society
The Middlesex Law Society Dinner (See Pages 10-11)
Tumaco: Colombia’s Forgotten Territory and the Long Road to Peace INTERVIEW WITH
Eleri Haf Davies (See Page 15)
Inside this issue:
■ Probate ■ Leaving A Legacy ■ Planning For Care ■ Sustainability
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PUBLISHER Benham Publishing Limited 3tc House, 16 Crosby Road North, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Facsimile: 0151 236 0440 email: admin@benhampublishing.com web: www.benhampublishing.com
Contents
18
5
ADVERTISING AND FEATURES EDITOR Anna Woodhams
DESIGN AND PRODUCTION MANAGER John Barry
ACCOUNTS DIRECTOR Joanne Casey
MEDIA No. 1457
EDITOR
30
Sundeep Bhatia
PUBLISHED
9
November 2016 - © Bill of Middlesex Benham Publishing
LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.
DISCLAIMER
15
The Middlesex Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation.
32
All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
COVER INFORMATION The cover image: Eleri Haf Davies, Public Law Trainee Solictor at Duncan Lewis Solicitors.
Copy Deadlines Spring 21st February 2017 Summer 22nd May 2017 Autumn 21st August 2017 Anyone wishing to advertise or submit editorial for publication in the Bill of Middlesex please contact Anna Woodhams, before copy deadline.
5 6 9 10 15 18
INTRODUCTION COUNCIL MEMBERS EDITOR’S COLUMN NEWS INTERVIEW COUNCIL MEMBERS REPORT
21 22 26 28
ARTICLE LEGACIES CONVEYANCING PROBATE
Email: anna@benhampublishing.com Tel: 0151 236 4141 The Bill of Middlesex 3
officers COMMITTEE MEMBERS
PAST PRESIDENTS R Garrod, J A S Nicholls, R C Politeyan, J Aylett,
Past President
OFFICERS FOR 2016/17 President:
Gurmeet Kharaud
D Grove, L A Darke, C Beety, Mrs L E Vickers, H Hodge,
Fort & Co. Solicitors
E G B Taylor, A A M Wheatley, A H Kurtz, M J S Doran,
Saunders House, 52-53 The Mall, Ealing W5 3TA
H B Matthissen, G Parkinson, HHJ R D Connor,
(020 170 8433) (DX 5119 Ealing)
A Bates, J J Copeman-Hill, D B Kennett-Brown,
e-mail: gk@fortsolicitors.com
ARIYA SRIHARAN Sriharans Solicitors 223 The Broadway, Southall UB1 1ND (020 8843 9974) (DX 119583 Southall 3) e-mail: info@sriharanssolicitors.co.uk
Sundeep Bhatia of
W J C Berry, AS Atchison, L M Oliver,
Beaumonde Law Practice
S W Booth, D D P Debidin, R E J Hansom, E H Lock,
Audit House, 260 Field End Road, Eastcote Middlesex HA4 9LT (020 8868 1614)
MAURICE GUYER
e-mail: sundeep.bhatia@beaumonde-law.co.uk
e-mail: mguyer@vickers-solicitors.co.uk
Honorary Treasurer: ELISABETH VAN DER WEIT
A Darlington, S Chhokar, Ms M Crowley, Professor M Davies,S Hobbs, Mrs R Sriharan, Mrs S Scott Hunt, D Webb,
Professor Malcolm Davies Head of Ealing Law School
PARLIAMENTARY LIAISON
University of West London
Michael Garson
St. Marys Road, Ealing W 5RF (020 8231 2226) e-mail: malcolm.davies@tvu.ac.uk
Hameed & Co. 4 Grand Parade, Forty Avenue, Wembley Park, HA9 9JS
Maria Fernandes of Fernandes Vaz Solicitors
(020 8904 4900)
87 Wembley Hill Road, Wembley Middx HA9 8BU
e-mail: hameed@hameed.plus.com
Mrs A Taylor, Mrs N Desor, Ms M Hutchinson, M Guyer, R S Drepaul, A Sriharan, Ms M Fernandes
G Kharaud
Vickers & Co. 183 Uxbridge Road, Ealing W13 9AA
S B Hammett, Miss F A Shakespear, HHJ P E Copley, A M Harvey, H R Hodge, G R Stephenson, B S Regler,
Honorary Secretary
(020 8579 2559) (DX 5104 Ealing)
K Goodacre, H J B Cockshutt, W Gillham, L Lane Heardman,
(020 873 30123)
SOCIAL PROGRAMME 2016 - 2017 Annual Dinner Dance on 11 November 2016 Past Presidents Dinner - TBA Regional Lunches TBA Pub Meetings TBA
e-mail: info@fernandesvaz.com Honorary Social Secretary: DAVE. P. DEBIDIN Debidins Solicitors 47 Mount Park Road, Ealing W5 2RS (020 8567 1381/6343) (DX 5105 Ealing) e-mail: info@debidins.co.uk
Stephen Hodgson Lecturer in Law, Ealing Law School
St Marys Road, Ealing W5 5RF
e-mail: stephen.hodgson@uwl.ac.uk
EDUCATION & TRAINING PROGRAMME 2016 – 2017
Maralyn Hutchinson of Kagan Moss
Training Sessions TBA See Bill of Middlesex magazine for ongoing events
SUSAN SCOTT-HUNT Principal Lecturer in Law, Middlesex University The Burroughs, Hendon NW4 4BT
Contact Administrator or Hon. Social Secretary for details or visit our website
University of West London
(020 8231 2406) Honorary Membership Secretary:
See Bill of Middlesex magazine for ongoing events
22 The Causeway, Teddington, Middx TW11 0HF
(020 8411 6019) e-mail: s.scott-hunt@mdx.ac.uk
(020 8977 6633) (DX 35250 Teddington) e-mail: maralyn.hutchinson@kaganmoss.co.uk
Council Members for the Middlesex Area: Central & South Middlesex
Zulfiqar Ali Meerza of Serious Fraud Office (SFO)
Michael Garson of
2 – 4 Cockspur Street, London SW17 5BS
Kagan Moss
(020 7084 4890)
22 The Causeway, Teddington TW11 0HF
e-mail: zulfiqar.meerza@sfo.gsi.gov.uk
(020 8977 6633) (DX 35250 Teddington) e-mail: michael.garson@kaganmoss.co.uk
North Middlesex Michael Singleton of Singletons Austin Ryder
COMMITTEE MEETINGS 2017 Mon 16th January
Mon 20th February
AGM Wednesday XX March 2017
Miles Sriharan of Sriharans Solicitors 223 The Broadway, Southall UB1 1ND (020 8843 9974) (DX 119583 Southall 3) e-mail: miles.sriharan@sriharanssolicitors.co.uk
2 Crossfield Chambers, Gladbeck Way, Enfield EN2 7HT (020 8367 0387) (DX 90604 Enfield)
Renuka Sriharan of Sriharans
e-mail: michael.singleton@singletonsuk.com
223 The Broadway, Southall UB1 1ND (020 8843 9974) (DX 119583 Southall 3)
Mark Hudson
e-mail: info@sriharanssolicitors.co.uk
Regional Manager, The Law Society Greater London Regional Office, The Law Society,
Alberta Tevie of Sriharans Solicitors
113 Chancery Lane, London WC2A 1PL
223 The Broadway, Southall UB1 1ND
(020 7316 5554) (DX 56 London/Chancery Lane)
(020 8843 9974) (DX 119583 Southall 3)
e-mail: mark.hudson@lawsociety.org.uk
e-mail: albertaot@gmail.com
4 The Bill of Middlesex
www.middlesex-law.co.uk
introduction
President’s Review “I have been a Practitioner and Solicitor of England and Wales for 33 years. More than 28 years of my Practice has been absorbed by the Immigration, Nationality and Human Rights Practice. The Practice involves applications, representations to the Home Office and conducting cases from the First-Tier Tribunal to the House of Lords, (in the past), and now to the Supreme Court. I enjoy my area of practice in this field because it delivers liberty, life, a future and prosperity to my successful clients. ”
Settlement in UK Since 2012, I have been experiencing an agony of inhuman, unjust and unfair laws and have helped to ensure justice for my clients. Prior to 2012, Immigrants from various walks of lives could achieve UK residency, which is fondly referred by the Immigrants as ‘Permanent Residence’ but is legally defined as ‘Indefinite Leave to remain’. The changes since 2012, to date, have brought grief to many families of Immigrants who are already settled in the UK. Family members who are settled in the UK fall within that dream category of the Government referred to as ‘hard working people’, but they cannot bring their parents to live with them. The change of rules only allows entry clearance if their parents cannot take care of themselves. Even without recourse to public funds, parents over 65 cannot enjoy their retirement in settlement with their children in the UK. The right to appeal decisions regarding family visits has also been withdrawn. Refusals on technical grounds are common place. Immigrants, who are well settled with jobs in the UK and who have adequate income, cannot bring their spouses who remain abroad, and cannot join their spouse in the UK unless he or she has a sufficient level of fluency to pass the English Language Test. This test should have been, at the very least, applied to marriages which took place after the implementation of this rule. Instead, it is applied to the marriages which took place long before that date and to elderly spouses. ‘Access to Justice’ has become a common term amongst Legal and Judicial circles. This is due to cuts in Legal Aid funding. In Immigration and Human Rights Law access to justice has been deprived on two fronts; firstly, because of Legal Aid cuts, and secondly due to the withdrawal of rights to appeal in many categories of applications to the Home Office. In the event of a decision, which does not attract a right of appeal, the only choice is to seek redress to the Administrative Court (High Court) or Upper Tribunal by way of a Judicial Review application. Such an application can only be made on the grounds of a Point of Law or Error in Law and is enormously expensive for the average person. Asylum Law
landmark case of ‘Sivakumaran and Others’, in which I was also involved, the House of Lords gave guidelines as to the ‘Standard of Proof’ in such cases. The Standard is not that of “beyond reasonable doubt”, nor that of “on a balance of probabilities, but a lower threshold of ‘reasonable degree of likelihood’. This definition makes life easier for both Asylum Law Practitioners and their clients. A new weapon to prevent access to Justice In Nationality applications, there is no right of appeal but application fees have been increased at regular intervals. For a single person to apply for Nationality, after living in this country for many years and paying taxes, the fee is £1236. The cost for a hardworking family with two children is £4344. Court fees in limited rights appeals have increased many fold. This is not to cover the cost of the administration and judicial process, but to deter people from appealing and exercising their right of appeal. The latest Fee increase is in relation to an appeal to the First-Tier Tribunal against an Immigration decision. This has risen from £140 per person in the family to £800, as of the 10th October. There has been no agitation or lobbying against these unfair administrative rules. There are no consumer lobbies or Immigrant lobbies or even opposition from MPs or Community Groups because the fee rises only affect Immigrants. General view on Service to Clients With all the difficulties, hurdles and injustice, I still enjoy the practice of Immigration and Human Rights Law. The mantra I preach to clients is to come clean and tell the truth to your lawyer, who will find the appropriate solution and the best outcome. I tell them: “The system in this country is good. Therefore do not fight the system but fight within the system.”
ARIYA SRIHARAN President, Middlesex Law Society e-mail: sri@sriharanssolicitors.co.uk
Asylum Law, in my opinion, has positively developed over the past 30 years. In earlier times the law in this Jurisdiction, was based on the UN Convention for Refugees of 1951. Thereafter, the Human Rights Act 1998 had been installed within English and Welsh Law. In the
The Bill of Middlesex 5
council members
President - Robert Bourns reflects on his First Months in Office. Robert Bourns is the 172nd president of the Law Society of England and Wales. He took the post in July 2016 after being voted into office, as deputy vice president in Robert has significant experience managing and developing a growing business across the UK, having been managing partner for six years, and senior partner for four terms, at TLT Solicitors. He specialises in employment law - particularly with associated regulatory law and commercial firm practice management. He also has experience practising as an advocate, having spent the early part of his career in criminal defence. Robert joined the Council of the Law Society in 2011 and is an elected member of the Management Board. He is one of five representatives for the City of London constituency, and is a member of the Law Society's Equality and Diversity Committee. In his home city of Bristol, Robert is actively involved in a number projects and pro bono work. He has been a trustee and chair of a Hospice for nine years, the founder and director of the Room 13 arts project and a trustee of Ablaze - a charity devoted to promoting levels of attainment and opportunity for young people in deprived areas. He is also the chair of Bristol's Quartet Community Foundation and well-known in the area for his commitment to social justice. At a little over two months into the Presidential term, I am grateful to have the opportunity to share experiences and impressions to date. I began the term promoting the theme of a proud profession. Pride, not in the sense of a smug self satisfaction, but rather a recognition that through our offices, this profession has established and maintained the greater part of the infrastructure of civil justice in this country. That we have done so, reflects the fact that we have demonstrated value to our clients over many years. It is also clear that we deal with the majority of legal work, whether transactional or contentious, resolving most disputes short of the court. In short, this Profession is an intrinsic and fundamental part of the administration of justice in England & Wales. We should be proud of that role. I have maintained this theme, which seems to become more relevant and necessary by the day. The outcome of the referendum and the ongoing agitation by our regulators for a wholesale review of the Legal Services Act 2007, alongside the CMA's interest in the legal services market, the SRA proposals for a "simplified" handbook and a renewed consultation on Training for Tomorrow and an openly declared ambition for complete separation from the Profession, require us to consider and promote the essential elements of the Profession. In addition to activity by regulators, we are being challenged to defend legal professional privilege (LPP) - both in the context of the Investigatory Powers Bill and the FCA's proposals for its Senior Manager Regime. LPP is often not recognised as a fundamental
6 The Bill of Middlesex
client right, but something to do with "naughty lawyers". Such rhetoric, alongside an increasing habit among some powerful voices of identifying solicitors with their clients' interests, requires an answer. As President I am challenged to answer the regulators' call for independence. Although happy to engage in that discussion, it seems less important than the independence of profession from the executive and the essential independence of solicitor from his or her client's interest. It seems that this last definition of independence is too frequently overlooked. As practitioners, we receive and deal with client information that is otherwise private. We are relied upon to deal with that information appropriately, recognising our higher duty to the rule of law and the integrity of the justice system. We are stewards of LPP. It seems to me that this independence also explains our responsibility for "reserved activities", where we owe duties beyond those we owe to our clients. Articulating these arguments demonstrates the essential elements of the solicitor profession, provides a criteria against which to judge the challenges we and others make on the we way do things and places solicitors as an integral part of the administration of justice- not just a cog in the mechanism. Beyond this, I continue to be energised by the power of the diversity within this profession. At a time when others have used populist rhetoric to point to difference to cause fear and distrust, we have an obligation and opportunity to celebrate and promote the real strength that comes from differences of experience, culture, ethnicity, gender and every other characteristic, protected and not, that we bring with us to the practice of law. We share the essential values of the Profession and must do all we can to promote inclusion and access to the Profession as well as playing our part in promoting access to Justice. Two months in, I am as confident as ever in the pride this profession should take in its work. I am also certain that we play an essential role in the administration of justice and rule of law. Brexit has provided an opportunity to emphasise the economic value of our work and the global reach of English law, again attributable to the infrastructure established by "English" firms across the globe. However, it is clear we need to be advocates in our own cause, but also in the public interest, ensuring that when reforms are proposed, we do not inadvertently override the essentials of the Profession.
council members
Law Society Council Meeting Law Society Council meeting summary: 19 October 2016 Council met on 19 October for a very full agenda. Colin Ettinger was welcomed to his first Council meeting as representative of the Association of Personal Injury Lawyers, and Council noted that Bill Waddington had recently been nominated to the Criminal Defence Council seat in succession to Joy Merriam who is now the geographical Council member for North-East London. Among major items of business, Council agreed the Law Society budget and business plan for the coming year, with a focus on building value for our members and engagement with our members, alongside effectiveness in how the Society works and in supporting and developing the skills of the Society's people.
why a 'two-tier' profession was unlikely to improve competition or reduce unmet need for legal services, and a survey which showed that consumers do not support the SRA proposals. The Chief Executive also referred to the Ministry of Justice 'Transforming our justice system' consultation, which focuses on using technology to enhance the administration of justice, including a proposal for a new online process for resolving many civil cases. The Law Society has been consulting the profession widely, in advance of the closing date for responses on 27 October 2016.
Representing and supporting the profession Governance Council has been discussing possible changes to Law Society governance at several meetings over the last few months. At this meeting, Council moved forward to agree some changes to the structure of boards that support Council in its work. None of the agreed changes are radical, but they are the next steps in the journey to modernising our governance and serving our members efficiently and effectively. Council has agreed to establish a Main Board. This board’s first task will be to review the form and function of other boards and make recommendations to Council for further changes as necessary. The Main Board will include solicitors who are not currently members of Council – this will help us bring a fresh perspective to the way we work, our current structure does not have this built in. The Main Board Chair will be appointed by reference to her or his skills – there will be a formal and open process to ensure the best candidates come forward from across the solicitor profession. The Main Board will have up to two lay members – they will bring their broader experience to the benefit of the Society, but will be non voting. We do not have lay membership on our existing Boards. The Main Board will also include the three Law Society Office Holders (President, Deputy and Deputy Vice President), five other Council members and the Chief Executive Before we implement these changes, we now move on to the broader review of Council itself to ensure we take the opportunity to strengthen Law Society's connection with our changing, diverse and dynamic profession. We have been seeking input from individual members, local law societies and others as we have begun to consider changes. We will continue to take this open approach as we look at the representative role. The e-mail address representation@lawsociety.org.uk remains open for your thoughts.
The Chief Executive updated Council on our continuing engagement with policy committees on the Brexit agenda, and on the series of round-tables recently conducted round the country with different sections of the membership. The President and Chief Executive met with the Home Secretary and had a positive discussion about the need to maintain a safe and cooperative cross-border justice system. The first meeting of the Law Society's Brexit task force has been held, attended by representatives of all the Government Departments involved. Council noted that the Law Society is currently developing a campaign focused on promoting England and Wales as the governing law of international contracts leading up to and following Brexit. Council was pleased to note that the SRA's second consultation on the Solicitors' Qualifying Examination reflected many of the changes supported by the Law Society, including that the qualification should be at degree level and require a minimum of two years of work based training. Council also noted that the government's recently published response to a consultation on legislative proposals relating to money laundering and terrorist finance included a number of changes in response to Law Society arguments, for example on suspicious activity reporting. The Chief Executive reported on a very positive meeting with the Lord Chancellor who had shown a strong commitment to diversity, welcoming the Society's work to increase the number of solicitor judges, and to the contribution of the legal sector to the economy at large. Council also noted the active programme of engagement with political party conferences and with international stakeholders.
Promoting the profession - market and regulatory change The Chief Executive updated Council on the SRA consultations on a new Handbook and accounts rules, which closed on 21 September, our response having been published on 8 September. On 21 September, the Society submitted further evidence to the SRA including an economic critique highlighting
The Bill of Middlesex 7
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local news editor’s column
Editor’s Column Welcome to the last Bill of Middlesex magazine in 2016. SUNDEEP BHATIA
I
wish all our readers and members a very happy festive season and a peaceful start to 2017. 2016 has been a tumultuous year for the world, the country and for the legal profession. The legal ramifications of Brexit are at the forefront of the news and will take centre stage during 2017. By the time this issue is published and distributed the Supreme Court may have ruled on the question as to whether the government can trigger article 50 without the involvement of Parliament. The repatriation of European laws will occupy legal professionals in this jurisdiction for years to come as will the Brexit negotiations themselves. The most disturbing thing about 2016, in my opinion, is how solicitors, barristers and The Judiciary have become demonised in the popular press. Calling High Court judges “enemies of the people” when they are merely enforcing the law of the land is scandalous. The failure of the new Lord Chancellor, Liz Truss, to robustly defend those High Court judges in a timely fashion was deeply disturbing as was the Prime Minister’s failure to criticise the offending newspapers for using such appalling tactics. The Solicitors profession, as we know it, is under attack. Earlier this year the SRA published a consultation paper in which they advocated solicitors working in unregulated businesses without compulsory professional indemnity insurance or supervision Such a move would damage the solicitor brand because clients using solicitors, working for such unregulated businesses, would not necessarily have the safety net of insurance or regulatory intervention by the SRA if things were to go wrong. Many clients in that position would not understand the difference between a regulated and unregulated business. Those clients who would be affected, under those circumstances, would think ill of the profession and its reputation would be severely damaged. The SRA’s updated thoughts on the proposed Solicitors Qualifying Examination are a move in the right direction. The value of workplace learning has been taken on board and solicitors will still be required to carry out 18 months to 2 years work experience between taking two sets of exams.
The second set of exams, which are best taken, following that workplace learning period, are geared towards the skills solicitors will require in practice. Those exams allow solicitors to take tests in both contentious and non-contentious subjects but, as things stand, there is no obligation to take a mixture of the two. This means that solicitors of tomorrow may be less well rounded then those who have qualified in the past because they lack cross the board experience. The start of 2017 will be a hectic one for the solicitors’ profession. The Competition Market Authority will issue its report on the Legal profession and we await their recommendations which may result in regulation compelling solicitors to print price information as well as, possibly, a review of how the profession is regulated. Elsewhere in this issue our president talks about his experiences as an immigration solicitor and Michael Garson talks about price transparency. There is also a report on the Middlesex Law Society dinner which took place on 11 November. See you in 2017!
SUNDEEP BHATIA Editor of The Bill of Middlesex Beaumonde Law Practice. Law Society Council Member for Ethnic Minorities Chair of the Regulatory Affairs Board of the Law Society
The Bill of Middlesex 9
news
Middlesex Law Society
THE MIDDLESEX LAW SOCIETY DINNER this year, took place at the Marriott Heathrow and was held in conjunction with the “ The Association of Sri Lankan Lawyers in the UK” on Friday 11th November. Attendees enjoyed a sumptuous dinner and danced the night away to the sounds of “Koko” who played a diverse range of Dance music encompassing soul, disco and Latin American Beats.
pic: Head table guests.
pic: Christina Blacklaws, Deputy Vice President of the Law Society.
10 The Bill of Middlesex
pic: Head table standing.
news
pic: Marilyn Hutchison.
pic: Michael Garson and guest.
pic: Middlesex University student award.
pic: President’s speech.
pic: Sundeep Bhatia’s table
pic: University of West London student award.
pic: University of West London student award.
pic: Scene of the ball.
The Bill of Middlesex 11
news
Duncan Lewis Solicitors’ Give Children a Voice Domestic Abuse Campaign The Give Children a Voice campaign aims to raise awareness of domestic abuse, the effects it has on children and the availability of legal aid to survivors. The Crime Survey for England and Wales in 2014/2015 estimated 1.3 million females and 600,000 males have experienced some form of domestic abuse. Children living with domestic violence occurring in their home are often the ‘forgotten’ sufferers. Recent statistics have showed that one in five people, under the age of 18, have been exposed to domestic abuse at some point in their childhood. To support Domestic Violence Awareness Month, Legal 500 recommended law firm Duncan Lewis launched their Charlie’s Weekend video on Monday 3rd October in support of their Give Children a Voice campaign. This campaign aims to raise awareness of domestic abuse, inform survivors that legal aid is available and recognise that children can be deeply affected by witnessing or being aware of abuse in the home. Duncan Lewis’ Charlie’s Weekend video depicts the narrative of young Charlie in his classroom answering the question posed by his teacher: “what’s everyone’s weekend news?” Charlie’s experience of domestic abuse in his home contrast to those of his classmates, demonstrating the emotional and alienating effects domestic abuse within the household has upon children. Charlie’s Weekend highlights two key issues: The impact living with domestic abuse has on children Children of all ages that witness, hear or that are aware of domestic abuse occurring in their home can suffer physical symptoms linked to trauma and stress, including bed-wetting, nightmares and sleep disturbances. They can also sustain physical injuries such as direct abuse by the perpetrator and whilst trying to protect a loved one during an attack. Domestic abuse within a household can also have emotional effects on a child; they may experience feelings of fear, anxiety, sadness and low selfesteem. Children may also exhibit social and behavioural problems; they may potentially feel isolated, become withdrawn, start acting out or internalise their problems. Duncan Lewis’ Family and Childcare Solicitors can advise on: • Child abuse cases • Subsequent child contact requests by the perpetrator • Legal action to prevent further harm where there is immediate risk of abuse • Where there is social services involvement with a family
Legal aid is available in most domestic violence cases Prior to the landmark decision in R (Rights of women) v Lord Chancellor [2016], Legal Aid Agency regulations required documentary evidence of abuse within two years. This case has changed the time limit to five years. This means more survivors of domestic violence will now have access to advice and representation in Family Courts. However, this still creates an unreasonable assumption that the effects of domestic abuse are time-limited. Consequently, victims who cannot provide the specified evidence required within five years do not qualify for Legal Aid and are therefore, often left without legal representation, directly facing their perpetrator in court. Being a leading provider of Legal Aid, Duncan Lewis Solicitors can advise clients on how to apply for Legal Aid for domestic abuse/child abuse cases. The firm can also advise parents who have received a preproceedings letter from Social Services following a Section 47 enquiry. Documentary evidence of domestic abuse that satisfy legal aid funding eligibility requirements takes many forms: 1. 2. 3. 4. 5.
GP letter or letter from a health professional Police crime number or letter from police Letter from a domestic abuse service such as MARAC, REFUGE Evidence from a housing officer Non-Molestation Order
However, you do not need any of the above evidence to apply for a NonMolestation Order/Injunction. Kathy Walker, Director at Duncan Lewis Family & Childcare law department, states: “The ‘little people’ that experience domestic abuse in their family home are often the forgotten victims. These children usually suffer in silence and experience fear for the abused parent/carer. Children who are exposed to domestic abuse are victims of child abuse themselves – more awareness and recognition is needed urgently.” Duncan Lewis’ Family & Childcare Solicitors specialise in representing domestic violence survivors, with many of their cases involving children that have witnessed the crime. Domestic abuse is something that no adult or child should experience, and this forms the impetus of Duncan Lewis’ Give Children a Voice campaign. The video has been shared on social media by adopting the hashtags #GiveChildrenAVoice #CharliesWeekend #StopDV. Confidential and expert legal advice can be obtained by calling the firms National Domestic Violence Helpline on 0800 689 3275.
12 The Bill of Middlesex
news
Rights Here, Rights Now Mencap has launched a legal panel comprised of experts from five of the best corporate law firms in the UK. This legal panel, called Rights Here, Rights Now, will work together with Mencap sees the key role of the panel being one of triage, whereby the Mencap team to improve the lives of people with a learning disability panel members will review an individual’s situation and outline what possible legal tools are available to them. It will be Mencap’s role to and their families. Whilst Mencap are proud of the impact that they make to individual lives present the guidance to the individual and where necessary support them in seeking legal representation. on a day to day basis, the demand for legal support and advice has become a area that needs to be tackled. The widespread cuts to legal aid and the closures of charitable legal services has had a significant impact on the number of people with a learning disability and their families accessing quality legal advice and support. Rights Here, Rights Now will provide a greater level of expert support to a larger group of individuals and be able to better identify which individuals would benefit from legal advice and possible representation. The panel will tackle the significant and complex issues that people with a learning disability and their families face. This will include appealing benefit decisions, securing Special Education Needs (SEN) support for a child or in more serious cases dealing with a deprivation of liberty dispute or misuse of the Mental Capacity Act and seeking redress for historical abuse.
Jan Tregelles, CEO of Mencap, said: “Rights Here, Rights Now is a significant milestone in Mencap’s history. We are committed to providing the best possible support to everyone in the UK with a learning disability, as well as their families, and now we are in a position of being able to offer top quality legal advice and support to some of the families who need it most. We are enormously grateful to those firms who have already committed to our new legal panel and urge other companies to volunteer their services and truly make a difference to those with a learning disability who may find themselves in difficult and distressing legal circumstances, through no fault of their own.” Mencap are encouraging other legal firms to join Rights Here, Rights Now.
The government’s decision not to privatise Land Registry is a logical conclusion of government folly Andrew Lloyd, Managing Director of Search Acumen, comments: “This victory for common sense should mean that the prospect of privatisation is permanently consigned to the history books regardless of future changes in government. Now efforts can focus on supporting Land Registry to stay ahead of the digital curve and enhance the flow of information around the industry. “Land Registry’s ongoing efforts to provide an open and The organisation has already taken great strides into the digital transparent service to the property sector have been welcomed space, and by maximising the opportunities for collaboration with by many organisations involved in the journey of buying and forward-thinking, data-savvy businesses, it can play a vital role in selling land and property, and we have joined others in helping the whole land and property buying process become campaigning vocally against privatisation. Such a move would not more efficient, productive and open.” only have threatened transparency, freedom of information and equal access to regulated data, but also thrown a major barrier up in the way of greater innovation and progress.
“Buried deep under the big housing announcements in the Chancellor’s Autumn Statement was news which comes as a great victory for the property and legal industries – the official end to the government’s second attempt to privatise Land Registry.
The Bill of Middlesex 13
interview
Tumaco: Colombia’s Forgotten Territory and the Long Road to Peace “Assassinations, death threats, unlawful detention and other abuses of lawyers continue unchecked in Colombia despite the on-going peace negotiations in the country”. The Colombia Caravana was formed in 2008 after the National Colombian Association of Human Rights Lawyers requested the international legal community to devise an international programme of support for human rights lawyers working in Colombia. This year’s delegations particularly focused on the current and upcoming challenges faced by the lawyers and other human rights defenders in regard to the Colombian peace agreement. Duncan Lewis Solicitors’ Public Law Trainee Solicitor, Eleri Haf Davies, was selected by the International Jurists to accompany this year's delegation to Colombia.
What set you on the path to becoming a solicitor? I studied Spanish and Law at the University of Wales, Swansea and in my third year I lived in Medellín, Colombia and worked with young people affected by gang violence. I was moved by their fortitude and spirit but equally troubled by the deep socioeconomic divide and inequality. I undertook ethnographic research into the human rights situation for a socio-economic study entitled, ‘Medellín: From murder capital to model city?’ and the plight of the Colombian people set me on the path to a career in Refugee Law. Currently, I am a Trainee Solicitor with Duncan Lewis Solicitors and a Law Society Accredited Senior Immigration and Asylum Caseworker. This accreditation enables me to advise and assist on publicly funded matters. I hope to qualify into Asylum & Human Rights Law in February 2017. What is the situation in Tumaco? The situation in Tumaco can only be described as a human rights crisis. Both Tumaco and Buenaventura are the two towns in Colombia that are marked as ‘red zones’ as the Foreign Commonwealth Office advise against all travel. Tumaco is a small island town on the Pacific coast bordering Ecuador. A staggering 75% of the Tumaco population are registered as victims of war and displacement is continuous. Due to the geographic and socio-economic conditions of Tumaco it is home to the most dense cocaine production in the world. The homicide rate is one of the highest in the world and since FARC concluded peace negotiations earlier in 2016 the rate of violence has spiked, as other armed groups vie for control of FARC turf. Human rights defenders and lawyers are routinely targeted as they are hailed the ‘intelligence arm’ of the guerrilla and yet they continue to fight for peace, justice and reparations. Tell me about the gender based violence occurring in Tumaco? Gender-based violence in Tumaco is aggressive and endemic. Girls are taught from a young age that their value is derived entirely from their physical appearance. The notion of ‘machismo’, meaning masculinity, is very powerful in deprived societies such as Tumaco, where young girls are seen as
trophies and are a means of exerting power and dominance by gangs and armed groups. With economic prospects limited, many young girls are forced into prostitution. Sexual violence is used as a weapon to quell dissent and cultivate fear whilst shame and stigma creates a culture of silence enabling armed groups to thrive. Paradoxically, the majority of community and governmental leaders are women. We met with a group of female human rights defenders who spoke of Tumaco as a matriarchal society at heart and their strength and courage was moving. They fought for the future of their children with a clear message, ‘we don’t want to give birth to sons of war’. What are the prison conditions like in Tumaco? The conditions of their Penitentiary Prison fell below international human rights standards. It was clear that overcrowding was an issue. Both pre-trial detainees and convicted prisoners were held in the same cells, in breach of international humanitarian law. Detainees were forced to sleep on concrete, waterlogged floors and access to medical treatment was limited. We met three detainees of the Awá tribe, a protected people indigenous to the Colombian and Ecuadorian Amazon. One of the leaders was accused of 11 counts of homicide. He stated that there was no evidence to implicate him in the massacre of his own tribe and that one of the victims is proven to have died of natural causes. The tribe inhabit resource rich territory and are routinely displaced and massacred by armed groups who accuse them of acting as informants for the Colombian army. Under Colombian Law they should be held in separate areas of the prison and allocated resources to ensure their moral integrity which reflect their beliefs. The Caravana Colombia 2016 Report will be launched at the Law Society on Chancery Lane on Friday 18th November. We will be serving the report on Colombian and British authorities in the hope of bringing these injustices to light to ensure that territories such as Tumaco are not left behind on the path to peace.
The Bill of Middlesex 15
news
Autumn Continuing Competence the NEW SRA Handbook and CPD Thursday 8th December 2016 at the Paragon, Brentford, University of West London
in association with Ealing Law School
Morning Session 3 CPD’s
£50* members
£60* non members
Afternoon Session 3 CPD’s
£50* members
£60* non members
Both Sessions 6 CPD’s
£80* members
£100* non members
* Ex VAT Download Booking Form at www.auditcompliance.co.uk
Thursday Morning at 1000 to 1300 - 3 CPD’s • Regulatory change proposed SRA Handbook and Code of Conduct 2017. • SRA Risk Index - Tim Prior Managing risk - staying safe from cybercrime and money laundering. • Continuing Competence Program - the new CPD. – Paul Wilkinson • Cloud Computing – DPS Software Ltd 1300 – 1400 Refreshments
Thursday Afternoon at 1400 to 1700 - 3 CPD’s • SRA Account Rules 2017- what you need to be thinking about. The Customer Journey – Sally Holdway • FAQ’s from the SRA Ethics Helpline – Paul Wilkinson
Call to Book : 0203 290 5745 or email : paul.wilkinson@auditcompliance.co.uk 16 The Bill of Middlesex
news
Middlesex Law Society Continuing Competence Program 2017 New approach to Continuing Competence – the new CPD Solicitors have a regulatory requirement to provide a proper standard of service. To do this, solicitors will need to reflect on their practice and undertake regular learning and development so their skills and knowledge remain up to date. The Middlesex Law Society’s education program plan to help solicitors adopt this new approach to ensure continuing competence. It will also be useful for those organisations that employ solicitors. MLS have developed the following Continuing Competence program. Under this new approach MLS will help you: • • • •
reflect on your practice to identify your learning and development needs plan how you will address your learning and development needs think about how you can address your learning and development needs record and evaluate your learning and development activity
The MLS Continuing Competence Program 2017 The first session is on Thursday 8th December 2016 at Ealing Law School, University of West London and the proposed schedule for 2017 is :
Thursdays daytime AM and PM sessions at Ealing Law School, University of West London 2017 Winter Jan 26th Spring April 27th Summer June 29th Autumn Sep 28th Tuesdays and Thursdays evenings at Middlesex University Hendon Campus 2017 Jan 19th and 24th April 20th and 25th June 22nd and 27th Sep 21st and 26th
The Bill of Middlesex 17
articles
Council Member’s Report What Price Competition In July the Competition & Markets Authority (CMA) published its interim report into legal services (https://assets.publishing.service.gov.uk/media/577f76daed 915d622c0000ef/legal-services-market-study-interimreport.pdf). It has carried out case studies into wills and probate law, employment law and commercial law services. It set out an overview of the different standards that apply according to regulatory status and acknowledges the case for complete regulatory change. Although separation of regulators from the supplier base is set out as a key requirement it falls short of prescribing an alternative model for regulation and suggests changes to improve the current arrangements in an effort to innovate and meet what is described as unmet need. This unhelpfully conflates the case of business users who solve issues by a variety of means without recourse to legal advisers and those who need access to legal advice but have no money to afford to do so at any price. The report suggests that competition in services for individual and small business consumers is not working as well as it might. Access to fee information and the provision of key information to consumers is seen as needing improvement and, where regulatory costs militate against low prices for legal advice, the cost of indemnity insurance is highlighted as the main cause. This direction of travel was indicated by the Legal Services Computer Consumer Panel in February this year when it urged that basic data should be collated and published and then competition driven forward through the use of comparison websites. (www.legalservicesconsumerpanel.org.uk/publications/research_ and_reports/documents/OpenDatainLegalServicesFinal.pdf). The Panel advocated that regulators should require law firms to publish the average cost of legal services on websites. Other proposed remedies focused around improving transparency of price and service quality information, the publication of consumer feedback and complaints data by the frontline regulator, improvements in online information for signposting suitable legal providers and revisions to the client care letter (CCL). The CMA initial findings agree there is a perceived lack of clarity around the provision of key information such as in relation to fees and attention was focused on the client care letter at the start of an engagement. Increased use of fixed fees is regarded as a positive development but the fact that just 17% of service providers publish their prices online is said to indicate that information on price and quality is often not available to consumers. It can mean they do not compare offers and cannot make a choice and pick the one that most suit their needs. It believes that service providers lack incentives to compete and are therefore able to charge higher prices than they might otherwise do in a more competitive market. Further it finds from its survey that consumers do not have the right information before they make important purchasing decisions and are in a weak position
18 The Bill of Middlesex
because often they lack experience and are infrequent buyers. Much of the work done by economists focuses on prices and ‘fixed price’ is clearly the easiest price structure to understand and the most transparent. However the idea that, by encouraging firms to publish price lists on comparison websites, a better market would emerge is, I suggest, flawed. Furthermore the proposition seems to contradict the whole basis of healthy competition with the possible consequence that prices may well be driven up rather than down. It will still leave consumers dissatisfied in relation to service issues as a number of surveys have indicated that price is not ultimately the most important factor that consumers admit to using when choosing an adviser. The CMA report comments briefly on the system of regulation and how the market divides between regulated and non regulated providers. It makes the case for independent regulation and for professional title to remain with professional bodies. In light of its initial findings CMA is therefore now working with regulators and others to look at ways to enhance the information that is required to be made available to consumers. The CMA study has led to responsive action on the part of the SRA and others. The SRA has seized upon the interim findings of the SRA with alacrity and is now set on publishing centralised information for consumers so as to assist their choice of adviser by reference to qualifications and conduct record. SRA have announced proposals in a discussion paper with 15 questions. (https://www.sra.org.uk/sra/news/press/choice-paperlaunch.page). The central proposal is to bring together information on law firms in one place on the website which is produced for consumers, Legal Choices, to include data on regulatory records, enforcement action, complaints and insurance claims data. It argues that lack of information about service providers is a barrier to accessing legal services and means that consumers do not seek legal advice in many cases. Its research suggests that 83% of small businesses see legal services as unaffordable and that only 15% of legal issues experienced by them in the last three years were handled using advice and support by legal professionals. The SRA are mindful that placing additional requirements on firms to collate first-tier complaints information would be a burden and, indeed, that not all consumers will use the Internet to obtain further information. Whilst the SRA may not be deterred from pursuing some of their suggestions ,encroachment into the realms of price setting once again show a lack of understanding of the professional role and the myriad ways in which solicitors have to interact with consumers.
articles The increase in scope of regulatory activity would further distort markets towards the large-scale new innovative ABSs which regulators continue to encourage. ABS are now four years old and it seems unlikely that the profession as a whole will be encouraged by the performance of those who have entered and invested in that market. Professional training by its nature tends to encourage a risk based or ‘wait-and-see’ approach or at least to base policy upon empirical evidence rather than exhortation of politicians or economists. Long may that continue. Also and separately the SRA have published trends data obtained from professional indemnity insurers (www.sra.org.uk/sra/news/press/choice-paper-launch.page) and intend to make fresh proposals in relation to financial protection next year on the basis that insurance represents the highest regulatory cost for most firms especially smaller ones. Premiums for firms with up to 4 partners, on average, cost between 5½% and 7% of total turnover. Data collected from current insurers for a 10-year period to 2014 indicates that over half of all claims relate to property matters and that even when aggregated claims are considered the average amount for 98% of all claims does not exceed £1.6m. For all claims the average settlement figure is under £600,000. It should however be noted that the report gives average and median settlement figures and does not represent the extent of all claims made. Defence costs of £0.6bn in the period are not included within the averages given. The data is a blend compiled from insurers who are still in the market and thus excludes claims records from firms who have withdrawn from the market including insolvent firms who one might safely assume have data on the worst claims records. Names such as Quinn, Balva, Lemma and, just recently, Enterprise come to mind. The Legal Services Consumer Panel remains active in this process and, following a project with the regulators, have published research into client care letters (CCL). Though it is not a regulatory requirement it is seen as an important tool for improving the transparency of information at the stage before work starts. It is felt that law firms generally have a better understanding than consumers of the different ways in which cases may travel, though the complexity and variable nature of legal work is acknowledged.(http://www.legalservicesconsumerpanel.org.uk/p ublications/research_and_reports/documents/Client%20Care%20 Letters%20Research%20Report%20-%20FINAL%20201016.pdf). The research is critical and indicates that communications are often complex and difficult to read with dense text, unfamiliar terms and heavily caveated language. Initial letters are unnecessarily lengthy taken up with mostly generic information and this makes it difficult to pick out the key information. For vulnerable clients help from a third party is needed but not always obtained.
Make it easy to read – use line spacing, headings and a large font size Highlight key information – use visual tools such as bold text, headers and summary boxes for key points Consider additional opportunities to engage consumers – consider whether more detailed coverage is better delivered in separate leaflets It is helpfully pointed out that the key questions that consumers want the letters to answer are, put briefly, as follows: What is going to happen? - there is an expectation that service providers would confirm the work that is going to be carried out and help consumers understand the legal processes involved How much is it going to cost? - even where costs are not fixed it is expected that an estimate of likely costs should be available When is, it going to happen? - even where timelines are not fixed there is an expectation that an estimate should be provided What do I have to do? - consumers wish to know what action they are required to take at any stage in the process How do I get in touch? - rules for engagement and contact are needed. Apart from this useful clarification exercise I would venture to suggest that further measures encouraged by the CMA are not likely to encourage even less ‘ innovation’ of the kind that is wanted. Firms will innovate as they always have done in order to meet current market conditions. The current market condition of unmet need which the regulators are busily trying to satisfy is a creature of market and government. Because legislation has removed access to justice from those who are most in need of legal services, and in precisely those areas that regulation can least have an effect, many people solve problems without incurring the cost of legal advice and through other means. Until the tide of competition theory runs its time the profession will continue to be buffeted by successive waves from the LSB and its Consumer Panel, Leo, and the SRA along with government - in the form of the CMA, MOJ and Treasury. The profession has survived the changes arising from the Legal Services Act but must remain alert and be ready to face the next instalment.
Michael Garson Council Member and chair of Law Society Management Board
There are eight key principles identified to encourage engagement with client care letters and the information within them. In brief terms these are Show a clear purpose – provide a clear rationale as to the role of the letter Keep it concise – break information into chunks and use short sentence structure Put in plain English – avoid using legal terms Prioritise information – focus on what is most relevant to the consumer and ensure a logical flow Personalise information –tailor the letter so that irrelevant information is excluded.
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Understanding Site Drainage for Better Client Care Drainage guidance is changing fast. Major developments and any proposed in flood risk areas must explain how they will minimise flooding from the site. Your client must understand site drainage and how this could impact on planning conditions and pro oject viabilit y. The unique SuDSmart Report provides essential answers to help your client engage ef fectively with local authorities on development scheme drainage strategies: • Verif y suitable conditions for infiltration or other suitable drainage options • Calculate runof f volumes and flows • Compliant answers to support planning conditions • Fixed price and quick turnaround options available
Don’t risk delay and cost in the application process – find out what the site is saying with SuDSmart. Call us today to discuss your project:
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articles Tenth & Eleventh chapters in the series of extracts from the...
The Rise and Fall of Legal Aid
by Alured Darlington
“I truly hope this book is published - there was a time when everybody was entitled to be represented and put forward their defence, innocent until proved guilty. Without legal aid to give clients the representation everyone deserves, what will become of our society? I honestly dread to think. This book will be a reminder of the ‘good old days’ and an insight to young ones into the legal aid system as it was and how it should remain” Foreward by Jean Brathwaite, Legal Secretary
Chapter Ten
Olga Heaven MBE and Hibiscus Our success with Charmaine led us to being instructed by other drug mules and joining forces with the formidable Olga Heaven MBE, Director of the Charity Hibiscus, which was founded by her to support the families of drug mules from the West Indies and Africa. Olga had first-hand experience of the result of the Court’s policy of zero tolerance towards drug importers known as the Aramah Guidelines. These guidelines often left courier’s families without support and unsupervised. She had personally found abandoned children living under corrugated iron sheets. Many of these drug ‘mules’ from Jamaica were exceptionally poor, came from deprived or remote areas, were frequently semi-literate and with low IQ levels. They had scant idea of what they were getting themselves into and some thought, and had been told by the dealers, that if they were caught they would just be sent home.
The implementation of the Aramah guidelines over many years since1982 meant that the prisons were often full to overcrowding with prisoners from the Caribbean. Many were unmarried mothers who had sole responsibility for the children which they consequently could not provide while imprisoned in the UK. Some of these children fell into prostitution or joined drug gangs. In order to raise awareness of the problem Olga Heaven convened a conference in Kingston Jamaica to which I was invited together with other professionals in this field including police, customs, prison staff, and immigration staff, a serving Crown Court judge and some former drug mules. I was to host a phone in radio programme and later we were to visit a Jamaican prison.
Chapter Eleven
The Aramah Guidelines Charmaine’s experience had encouraged Tass and me to visit other drug mules in prison on a social basis. We did this for some ten years. We were struck by the fact that they were not criminals in the sense one normally understands that term although three of them had obviously committed a very serious crime. On the contrary they were very devout and law abiding women deeply concerned as to the welfare of their children. They were all of previous good character
Over time we became convinced that the Aramah guidelines which put them in prison for long periods leaving their children unsupported were wrong and needed attention. The case that brought this home was Evadne J. referred to above who was an uneducated mother in Jamaica whose own mother was dying from cancer and in great pain. She was told that only an operation might save her. It appears that there might have been some collusion with the hospital because she was approached by drug dealers who offered her financial assistance if she imported cocaine to the UK. This she did and even paid for her own plane fare. It appears that she had been targeted because of her vulnerability. There was no personal gain for her. She had received six years imprisonment. Her mother died after Evadne’s conviction and her four year old son back in Jamaica kept enquiring whether she still loved him
We believed that none of them would have got into that sort of trouble had they been in England, and had poverty and circumstance not been the driving force, because in the UK the NHS, the schools and social services would have taken care of their problems. Our overwhelming feeling over the years, as we saw clearly good mothers stagnating in prison while their children remained at some risk in Jamaica was ‘what a waste’ and we formed the view that there must be some better way of dealing with the problem other than by imposing inordinately long prison sentences.
I challenged the sentence without success in the Court of Appeal but the Court’s observations made a slight dent in the guidelines which encouraged a further attempt to challenge them.
Evadne J was faced with the type of decision that would never arise in this country where we have a National Health Service.
I wrote an article about the plight of the drug mules in the ‘New Law Journal’ printed here.
...other pages will be published in forthcoming the Bill of Middlesex or if you can’t wait, go online: http://issuu.com/benham/docs/the-rise-and-fall-of-legal-aid The Bill of Middlesex 21
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
22 The Bill of Middlesex
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
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@dogstrus t.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 “ ”. All information will be treated as strictly confidential
www.dogstrust.org.uk
24 The Bill of Middlesex
Reg. Charity Nos: 227523 & SC037843
legacies
A Legacy that lives on Plants are the foundation of all life on earth, providing medicines, foods, fuels, building materials and even the air we breathe.
of our gardens and collections to unlock knowledge and understanding of why plants matter to everyone. We also actively engage thousands of school children each year in interactive, educational and fun Best estimates sessions to inspire a lifelong love of plants and the natural world. state that 21% of
However, given the threats associated with climate change, land-use change, invasive plants and diseases, best estimates state that 21% of the world’s plants are currently threatened with extinction.
The Royal Botanic Gardens, Kew, having been at the forefront of plant science for two and a half centuries, is the world’s plants If your clients love Kew Gardens or share our passion for the leading the search for plant-based solutions to the Millennium Seed Bank, inspirational horticulture, cutting-edge greatest challenges facing our planet. With partners are currently science, botanical art, heritage landscapes or global plant across 80 countries, Kew’s Millennium Seed Bank threatened with conservation, Kew Foundation (RCN 803428) is the perfect Partnership (MSBP) provides insurance against the risk of extinction. home for their legacy. We would be grateful if they would extinction of thousands of endangered and rare plants. consider sharing their wishes with us so we can acknowledge Numerous experts at Kew also work on global plant their kindness, include them in our legacy events and keep them up to conservation projects, continually involving local communities across the date with our activities. globe and sharing expertise. Kew’s scientists are also integrating the latest technology for plant identification and study, revealing their hidden We are also keen to work with local solicitors in Middlesex, Surrey and powers and benefits to humankind. Sussex, build relationships with new clients and raise money to support Our world-heritage listed Kew Gardens in Surrey and stunning botanic garden at Wakehurst in West Sussex bring joy to more than a million visitors each year. We use the power of our science and the rich diversity
the Royal Botanic Gardens, Kew. Please get in touch if you or your company would like to get involved.
Email legacies@kew.org or call 020 8332 3249. ■
Pass on your love for life Plants and fungi are the foundation of all life on Earth. You can help the Royal Botanic Gardens, Kew better understand how plants and fungi contribute to solving some of the most critical challenges facing humanity today, such as biodiversity loss, climate change and food security. Pass on your love for life by leaving a gift to Kew in your Will.
Contact our Legacies Team at
020 8332 3249 legacies@kew.org kew.org/legacy The Foundation and Friends of the Royal Botanic Gardens, Kew is a registered charity No. 803428. Registered in England and Wales
The Bill of Middlesex 25
conveyancing
Earlybird catches the worm The old saying ‘the early bird catches the worm’ is proving to be increasingly accurate, and early adopters of technology epitomise this, reaping the benefits of increased productivity and efficiency as they charge ahead of their competition. While television took decades to reach a billion users, what can better demonstrate the wide acceptance of technology globally than the rapid adoption of the smartphone, a piece of hardware that appeals to a variety of demographics, as well as the notoriously less tech-savvy. So why is it that we are reluctant to adopt new technology in our professional lives and yet feel so comfortable running our daily lives from the palm of our hand? Instinctively people are averse to change. We become comfortable with the familiar. But as technology continues to advance rapidly, early adopters are leveraging themselves with the first-mover
advantage. Recently I read the LexisNexis Bellwether Report, 2016 which noted that over 90% of those surveyed stated ongoing investment in technology as a ‘must’, in spite of only 37% acting on this, and those taking the plunge with new technologies are gaining ground on their competitors, fast. The notion of early adopters is not new, despite its popularity in the advent of the ‘Digital Revolution’. Everett Rogers coined this term in his 1962 study of innovation adoption. His principles are applied as easily to technology as they are to other changes throughout history; picture where society would be now without early adopters in the Agricultural and Industrial Revolutions. Early adopters have been the driving force for change for centuries. How can this be applied to your role as a legal professional? Well, in what is still a manually intensive industry, adopting innovative, forward thinking technology empowers you to control the way you work. In conveyancing particularly, time pressures, keeping costs low and having to justify their value can lead to a challenging work environment. However, being able to work in a positive, efficient environment where everything is being done to challenge the ways in which the conveyancing process has typically been conducted, will see the business evolve as a result. By correcting processes within the business for more productive workflow, this alleviates many of the pain points including long hours, excessive workloads, and stress. The flow on effect from implementing these tools, often has a far reaching and positive impact on the whole organisation, raising the morale and creating a more productive environment. Automating arduous processes can give rise to competitive advantage in a crowded market of legal suppliers. In order to grow your business, taking calculated risks can provide bountiful rewards by freeing up more time allowing you to focus on client relationships instead of tedious administrative tasks, and workplace culture can be rectified by challenging and evolving your current processes and working smarter, not harder. ■ By Adam Bullion,
26 The Bill of Middlesex
conveyancing
Environmental searches: a simple solution to the complex issue of flood risk. In Summer, we witnessed flash flooding on an almost biblical scale. In 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
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The Bill of Middlesex 27
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.
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 However, when the deceased’s post was redirected to her This may sound provide a comprehensive report which identifies any potential solicitor, a card was received from ‘Cousin Joyce’ who had not unusual but heirs (and locates them if necessary) or at least provides been mentioned by any other family members. As a result, the Title Research reassurances that there is little chance of further beneficiaries solicitor appointed Title Research to research the family tree in existing. greater detail. They identified seven maternal family members reports that 40% of family “In the authors’ view, whilst there is no authority which provides who all stood to inherit from the estate under intestacy rules, trees that they assistance on this point, it is possible that a beneficiary might fundamentally changing the distribution of the estate. check contain successfully argue that the personal representative has acted in This may sound unusual but Title Research reports that 40% errors. breach of duty by appointing an heir locator on such a basis, of family trees that they check contain errors. Had the estate and should be personally accountable for the share that the beneficiary been administered without further investigation, the beneficiaries (and has paid to the heir locator.” 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. Specialist insurance cover to mitigate the risk of a missing beneficiary coming forward is also an option. However, very few insurers offer cover
28 The Bill of Middlesex
Tom Curran, Chief Executive at Title Research said: “Failure to carry out thorough genealogical research could result in a missing or unknown heir coming forward after an estate has been distributed. We locate thousands of missing beneficiaries each year which highlights how easy it is for legal professionals to fall foul of assuming that all heirs are accounted for. Our consultant genealogists trace people across the world and have a success rate of over 90%, so we are confident that we can help our clients with even the trickiest of estates.” For more information Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.
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.
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.
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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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
30 The Bill of Middlesex
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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Ma aximise your p prrofit marg gins Q kly produce a single estate account docu Quic ument including all matter detail G Gener ate IHT forms quickly and accurately Continue your work on the move using the LEAP Mobile App N Server required - Simplify your IT and lower your support costs No
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leap.co.uk/probate/ to find out more
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