The Report September 2016

The City of Westminster and Holborn Law Society

REPORT The

Autumn 2016

SPOTLIGHT INTERVIEW ON EILEEN CARROLL QC (Hon) (Pages 18-19)

› Conveyancing Focus › Highlights from The

Inside this issue: Legal Charities Garden Party

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

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ADVERTISING AND FEATURES EDITOR Anna Woodhams DESIGN AND PRODUCTION MANAGER John Barry ACCOUNTS DIRECTOR Joanne Casey MEDIA NO. 1461 PUBLISHEDAUGUST 2016 © Benham Publishing Ltd. 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 Media. 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.

The City of Westminster and Holborn Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age, Disability or Sexual Orientation.

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DISCLAIMER 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 members 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.

COVER INFORMATION

Cover image: Eileen Carroll QC (Hon), Centre for Effective Dispute Resolution.

COPY DEADLINES Winter

28th October 2016

Spring

10th February 2017

Summer

6th May 2017

Members wishing to submit material please contact the Editor, Ivan Ho, before copy deadline.

Email:

ih@hunters-solicitors.co.uk

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

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INTRODUCTION LOCAL ISSUES TRAVEL CWHLS MEMBER’S REPORT SPOTLIGHT ACCOUNTANCY CONVEYANCING FOCUS PROBATE LEGAL COSTS LEGACIES COMPULSARY PURCHASE & PLANNING LAW TECHNOLOGY INTERVIEW BOOK REVIEW

29 President: Hon Secretary:

Hon Treasurer:

Editor:

Administrator:

Edward Macey-Dare Jonathan Cornthwaite jcornthwaite@wedlakebell.com 020 7395 3122 Bruce Clarke bruce.clarke@lbmw.com 020 7222 5381 Ivan Ho ih@hunters-solicitors.co.uk 020 7412 0050 Susie Hust, 1 The Sanctuary, London SW1P 3JT admin@cwhls.org.uk 020 7960 7115

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Introduction

THE PRESIDENT’S COLUMN Dear Members, I trust this edition of the Report finds you well and in good spirits.

Edward Macey-Dare, President Since we last went to press, the most significant event to have happened in the Society's calendar is the Legal Charities Garden Party, which took place on 16th June in Gray's Inn Fields. I have written this up in a separate article (see pages 7-11), so all I would like to add here is my sincere thanks to everyone who attended - it was another veritable triumph and hopefully we can build upon this success in the years to come.

Well, as I approach the final furlong of my year, what is there left to look forward to?

Quiz Night We are holding a Quiz Night here at 1 The Sanctuary on the evening of Thursday 6th October 2016, with our own inimitable Immediate Past President, Michael Fletcher, asking the questions. A flyer for this event will be circulated shortly. It promises to be a fun evening, so do join us – drinks will be in plentiful supply all evening, and we will break for a "homecooked" supper half way through.

Mansion House Banquet Every year, the Worshipful Company of Distillers (one of the 110 Livery Companies of the City of London, of which I am Clerk) holds a Banquet at Mansion House, home to the famous Samuel Collection of Dutch Old Masters and also the official residence of the Lord Mayor of [the City of] London – not to be confused with the Mayor of London!

This year, the event will take place on Friday 7th October 2016 and we are privileged to have the Lord Mayor, Lord Mountevans and his 2 Sheriffs in attendance.

By kind permission of the Master and Wardens of the Distillers, I am delighted to be able to extend an invitation to this event to CoWHLS' members and their guests. For those of you who have not had the privilege of dining at Mansion House (which is not open to the general public), this really is a must attend event.

The format of the evening is as follows. There will be a drinks reception in the Salon (the spirits serve – which will showcase an enhanced and exciting offer of spirits - will take the form of "The Master's Bar"; in addition, Champagne, whisky and non alcoholic drinks will be available). Towards the end of the reception, the Lord Mayor and his Sheriffs will arrive - resplendent in full ceremonial dress – heralded by two tabard-wearing trumpeters.

Guests will then take their places in the magnificent Egyptian Hall, whereupon the various dignitaries will process in. After grace by the Company's Honorary Chaplain, we will sit down to a 4-course Banquet, accompanied by a stunning array of wines.

After the final course, we will participate in a traditional loving cup ceremony (with 2 Scottish pipers circling the Hall as we pass round the communal chalices) followed by the famous Post Horn Gallop (a musical "conversation" between two trumpeters, performed from opposing galleries).

The evening will conclude with speeches by the Lord Mayor, John Timpson CBE (Chief Executive of the eponymous shoe repair and key-cutting chain – and author of the weekly "Ask John" column in The Telegraph) and the Master.

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Please note the following: 1. the cost of the event is £150 (to include VAT) per person; 2. the dress code is either white tie/evening dress or dinner jackets; 3. the timings are 6.15pm for 7.00pm; 4. there are only a limited number of places available.

If you would like to attend this very special occasion in the Distillers' calendar (which, particularly given the exceptional wines and spirits on offer this year, represents exceptional value for money) please would you contact the Assistant Clerk, Mrs. Kim Lyons, at 1 The Sanctuary, Westminster, London SW1P 3JT (email KLyons@lbmw.com; tel. 020 7960 7173) as soon as possible - and, in any event, by no later than Friday, 23rd September 2016.

Following receipt of your form, invitations will be sent to you for yourself and your guests, for you to forward on to them. It is, of course, for you to ensure that your guests are able to attend.

Please also note that, whilst invitation cards are “pour mémoire”, for reasons of security they must be presented to Mansion House staff on arrival, otherwise admission may be denied.

The Master wishes to emphasise that it is customary for diners not to leave the table until the end of the evening, if at all possible; it may therefore be helpful for hosts to explain to their guests that this is expected of them.

Do come along to this unique event if you possibly can – it promises to be a wonderful evening and a truly unforgettable experience.

AGM The AGM will be held on 19th October here at the offices of LBMW, followed by the installation of the new President, and then supper. Further details will be sent out shortly.

EDWARD MACEY-DARE PRESIDENT

Local Issues

Supporting Solicitors

LAW SOCIETY COUNCIL MEETING SUMMARY: 18 May 2016 Law Society Council meeting summary: 18 May 2016 Council's third meeting of the 2016 calendar year saw a busy programme of reports and papers. In agreeing the Law Society’s new strategy in 2015, Council committed to review the Society’s governance. On 18 May Council took a further step in considering proposals for change. Council discussed a paper from its Governance Review Working Group, which had considered proposals made by Dr Nicola Nicholls who undertook an independent review, and agreed to ask the working group to develop further proposals in more detail. The Law Society is keen to hear from members as we develop proposals and will communicate more widely about suggestions as they evolve. We have a dedicated e-mail address for members: representation@lawsociety.org.uk and another for Council members: governancereview@lawsociety.org.uk.

Council discussed a range of proposals including the creation of a senior board, how the board could be chaired and how board members and other governance positions could be appointed, and whether a maximum term for council members should be introduced.

Promoting the profession - market and regulatory change Council noted that the consultation on separating legal regulators from their professional bodies has still not been issued, and given the forthcoming referendum the timing remains uncertain. It was noted that the Law Society is fully engaged with the current Competition and Markets Authority (CMA) study of legal services, having last month submitted a response to a number of supplementary questions received from the CMA, and being in the process of facilitating contacts between CMA and a number of Society committees and others. Updates were provided on a number of policy issues, including engagement with Briggs LJ on his interim report on proposals for online courts; the Society's work to engage with our members and with external stakeholders in the debate on Britain's membership of the EU; and ongoing work to influence legal aid policy.

Council heard about the work the Law Society is undertaking to promote solicitors. This included a programme of research with solicitors and their clients, and messages are being developed for the forthcoming campaign: these will be thoroughly tested with the wider membership, the public, and businesses that buy legal services.

Among media coverage referred to in the CEO's report, it was noted that the Law Society's report on the economic value of the legal services market had attracted very significant positive coverage in, among others, the Financial Times, and on the Today programme.

Representing the profession - legal updates Council noted the legislative programme announced, on the same day as its meeting, in the Queen's Speech. A number of the bills have direct implications for the Law Society, including: • the Bill of Rights - which we will study carefully to ensure that existing human rights are not diluted;

• the Prisons and Courts Reform Bill - dealing with courts and tribunals modernisation and the online court; • the Counter-Extremism and Safeguarding Bill - proposing additional powers for Government and law enforcement agencies; • the Criminal Finances Bill - carrying forward reforms on reporting suspicious financial activity and introducing a new offence of corporate failure to facilitate tax evasion.

Related to this issue, the CEO updated Council on the lead recently taken by the Law Society in bringing together a group of legal and accountancy organisations to publish a joint statement pledging ongoing work to tackle bribery, corruption, tax-evasion, and money laundering. Council also noted reference to the Better Markets Bill.

Supporting the profession - engagement, interventions, and other activity Council was glad to hear of the success of the application by the Public Law Project, in which the Society was given permission to intervene, to have the legality of the civil legal aid residence test quashed by the Supreme Court. Council noted our ongoing collaboration with the Bar over the place of legal professional privilege in the draft Investigatory Powers Bill, and noted that the Law Society is also continuing its intervention in the ECHR challenge brought by Big Brother Watch against the mass data surveillance undertaken by the UK security.

Council noted that the Law Society continues to work closely with a number of other representative groups in advance of the government's expected proposals for a fixed fee regime for some clinical negligence cases. In terms of access to justice, Council also noted the Law Society's active engagement with the overarching working group on criminal legal aid, the discussions with MoJ and the LAA over the structure of the new crime contracts, and Law Society's continuing work to draw attention to the damaging effects of the programme of court closures. The CEO's report noted the preparation of a 'priorities for justice' document focused on Welsh issues to tie in with the National Assembly elections.

Equality and Diversity, and People Strategy It was reported to Council that there have been 123 applications this year for the Law Society's Diversity Access Scheme which aims to finance training for the profession by those whose circumstances would otherwise make it impossible. Mention was also made of the Women Lawyers Division two-day Returner Course which had attracted significant interest. Council decided that the reach of its Equality, Diversity and Inclusion Committee should be extended by adding members from the Ethnic Minority Lawyers Division, the Junior Lawyers Division, the Lawyers with Disabilities Division, the Lesbian, Gay, Bisexual and Transgender Division, and the Women Lawyers Division. This involved a change to the Law Society's General Regulations.

Council was happy to learn that the Law Society has been successful in securing Investors in People accreditation, excellent recognition of the work the Society puts into developing, recognising and supporting our people.

• the Children and Social Work Bill - including changes to how the courts consider adoption;

“We are consistently impressed with the team’s knowledge of solicitors’ practices and trends in the legal profession as a whole.�

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LAW SOCIETY COUNCIL MEETING SUMMARY: 13-14 July 2016 Council's July meeting saw a busy programme of reports and papers. It lasted one-and-a-half days, and, in line with tradition, was followed by the Annual General Meeting of the Law Society, at which Robert Bourns took office as President, Joe Egan as Vice President, and Christina Blacklaws as Deputy Vice President. Jonathan Smithers stood down as President, and gave a comprehensive report on his many activities, particularly in relation to the rule of law, access to justice, technology and the law, and business and human rights.

One major decision taken by Council was to set the level of the Net Funding Requirement (NFR) - effectively, the amount to be recovered from the profession which funds the SRA and the Law Society, as well as the Legal Ombudsman and the Legal Services Board. Council was pleased to be able to agree a Practising Certificate fee for individuals of ÂŁ290, ÂŁ30 lower than in 2015-16. Overall levels of fees paid by law firms have also reduced.

Another topic discussed at Council was the ongoing review of the governance of the Law Society, to which we have welcomed contributions from those who have responded to our dedicated email address, and on which further development work will be happening over the summer.

Promoting the profession - market and regulatory change There has been a lot going on in the wider environment, including the succession of Theresa May MP as Prime Minister, and Liz Truss MP as Lord Chancellor (the first woman to hold this office). Brexit will obviously be a major issue for the Law Society and the profession as a whole over the coming months.

Council heard of plans to support members during this time of unprecedented change to ensure that England and Wales remains a centre of excellence and jurisdiction of choice. The Law Society has offered expertise to government through our expert committees and our access to networks across the EU and globally. A staff task force, alongside a task and finish group of elected and appointed members and other experts, will work on these issues.

The Chief Executive reported that she gave evidence to the Justice Select Committee on regulation of the legal services sector, alongside Paul Philip and representatives of the Bar Council and Bar Standards Board. The Law Society welcomed the conclusion of the Competition and Markets Authority study on the supply of legal services that a full market investigation was not required, though recommendations on a number of matters - including regulation, transparency of pricing, and service quality - would have an impact on the profession. It was noted that there was still no date fixed for the issue of the consultation on separating legal regulators from their professional bodies. The Chief Executive also commented on the SRA's consultation on a new handbook and accounts rules. She noted that the proposals raise significant issues about the protection of buyers of legal services: solicitors employed by unregulated entities who provide advice to the public may not be able to provide advice that is legally privileged, will not be

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subject to the same conflict rules and will not be required to have Professional Indemnity Insurance or be able to hold client monies. This risks creating in effect a 'two-tier' profession which has potentially serious implications, and the Law Society is engaging with members across the country to seek views to inform our response to the consultation.

Representing and supporting the profession The Chief Executive updated Council on the various ways in which we are engaging with and seeking to influence key decision makers on the Brexit agenda, including building on many contacts made as a result of the Law Society's EU report and economic analysis.

Council was reminded of the ongoing work to ensure that threats to legal professional privilege are robustly countered, particularly in the Investigatory Powers Bill. It was updated on the work the Law Society is doing, together with others, in response to the proposed reforms to the treatment of clinical negligence and personal injury claims; this has included targeted contacts with MPs and peers. Council also heard about the Society's influence in raising concerns about the proposed privatisation of the Land Registry.

The Chief Executive reported on a wide range of activity and events. These included the in-house division conference and a well-attended GC350 event, several roundtables and consultation meetings on proposed pro bono initiatives, and a recent conference on technology in law: 'Robots and Lawyers Partnership of the Future'. The recent re-launch of the updated Clinical Negligence Accreditation was also noted.

Equality, Diversity and Inclusion The Chair of the Equality, Diversity and Inclusion Committee presented the committee's annual report to Council. Among other things, this drew attention to the Diversity and Inclusion Charter to which 462 law firms are now signed up; a range of events engaging with members including speed networking and tailored forums for City firms; and the Diversity Access Scheme which gives financial support to talented LPC students who would otherwise be unable to continue their studies.

Local Issues

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The Legal Charities Garden Party The Legal Charities Garden Party took place on Thursday 16th June in Gray's Inn Fields – the first time the event had been held there since the inaugural garden party of 1968. As there was no wet weather plan, I was tasked with the unenviable task of making the "weather call" at around midday – but, in truth, the organising committee had already decided that, unless it was bucketing down at 12 noon, we would still proceed, on the basis that it was too early to judge at that time and also we had insurance in place just in case the event had to be abandoned mid-way. Well, all I can say is: fortune favours the brave – for, once again, we were extremely lucky with the weather and, although the rain looked set to break through at any moment, in the event, it held off throughout.

The unexpectedly "clement" weather resulted in an excellent turnout – albeit that the increased footfall did not seem to translate into more alcohol being consumed! - and we were treated, as usual, to the comforting sights and sounds of the jazz band and steel band, both of which raised our spirits. Speeches were then made by the (then) Law Society President, Jonathan Smithers and myself – but, unfortunately, the PA system proved wholly inadequate and therefore only those who were positioned within about 20 yards of the microphone got to hear what was being said. For that reason, I have decided to reproduce my speech, in its entirety, below: "Madam Chairman, Mr. President, My Lords, other Distinguished Guests, fellow members of the Legal Profession, Ladies and Gentlemen: I would like to start by welcoming you all, on behalf of the City of Westminster & Holborn Law Society, to this year's Legal Charities Garden Party - and to thank each and every one of you for supporting the event, once again.

The new location of Gray's Inn is fitting for several reasons: 1. Firstly, Gray's Inn was the venue for the inaugural Legal Charities Garden Party in 1968 and this is the first time that we have been back since then.

2. Secondly, the "theme" this year is William Shakespeare, 2016 being the 400th anniversary of the Bard's death. Notwithstanding the Garden Party's slightly unfortunate strap-line of: "Lawyers helping lawyers" (which, to my mind, rather resonates of "Lawyers Helping Themselves") and, putting to one side such unfortunate Shakespearean quotes as: "Let's KILL all the Lawyers" – we must remember that this annual event is for a very worthy cause, namely: helping lawyers in distress.

Last year, we managed to raise more than £8,000, net, for our 5 legal charities (namely: the Solicitors' Benevolent Association, the Barristers' Benevolent Association, the CILEx Benevolent Fund, the Institute of Barristers' Clerks' Benevolent Fund, and LawCare); and, this year, we hope to raise much, much more.

Just to give you a little insight into the work these wonderful charities do: a great friend of mine from university, Matthew Fearnside, who is a solicitor down in Exeter, was diagnosed last

summer with a very aggressive, malignant brain tumour. Surgery to remove as much of the tumour as possible, followed by intensive courses of radiotherapy and chemotherapy, rendered him unable to work. Whilst he was lucky enough to have critical illness insurance, it only covered a percentage of his salary. The Solicitors' Benevolent Association were able to step into the breach and offer an interest free loan to help bridge the gap, which I know has made all the difference to his daily life and has taken away any unwanted financial pressure, leaving him free to concentrate on his treatment. Although currently in hospital, Matthew has asked me to convey to the SBA, on his behalf, his sincerest gratitude for all they have done to help him in his hour of need."

[Tragically, Matthew Fearnside lost his fight against cancer on 9th July, but I know how grateful his family were - and indeed are - for all the support that the SBA gave him during the final year of his life.]

The Garden Party concluded with a prize draw and, once again, the President of the Law Society did the honours in picking the names of the winners out of the hat. Those prizes were: • a Tasting Lunch for 4 (courtesy of the Worshipful Company of Vintners) won by Chunyan Zhu; • a Magnum of Champagne (courtesy of Davy's Wine Bar) won by Richard Munden; • a bottle of Caroni Rum (courtesy of the Worshipful Company of Distillers) won by Pia Klages; • a bottle of Bowmore Whisky (courtesy of Brian Morrison, former MD of Morrison Bowmore and Past Master of the Worshipful Company of Distillers) won by Michael Gillman (Past President of CoWHLS and, coincidentally, a fellow Old St. Beghian like the donor!); • an SBA-branded umbrella, won by Past President David Morgan.

I would just like to end with a few thank yous: Firstly, I would like to thank the Treasurer of Gray's Inn for allowing us to use the splendid venue of Gray's Inn Fields.

Secondly, I would like to thank our 2 Patrons, Lord Neuberger and Sir John Mummery, for their continued support.

Thirdly, I would like to thank, individually, all the members of the Legal Charities Garden Party Organising Committee for their time and effort over the past year, namely: • Sir John Mummery; • Tim Martin from the SBA; • Nicky Young from the BBA; • Victoria Hurdley from The CILEx Benevolent Fund; • Dave Scothern from The IBC Benevolent Fund; • Elizabeth Rimmer from Lawcare; • Mark Hudson from the Law Society; • Alderman Vincent Keaveny from the City of London Law Society; and • Bruce Clarke, our Honorary Treasurer.

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Fourthly, I would like to thank our caterers, together with Stuart Barford and the entire Davy's Wine Bar team, who kept us fed and watered throughout.

Finally, a special thank you to the Society's Administrator, Susie Hust, for all her help in organising this event, and for keeping the show on the road!

Fifthly, I would like to thank all those who donated to the prize draw.

EDWARD MACEY-DARE

Sixthly¸ I would like to thank the 24 trainee solicitors who helped out on the evening itself – put simply, we couldn't have done it without you!

President, City of Westminster & Holborn Law Society Chairman, Legal Charities Garden Party Organising Committee.

PIC • Flying the flag

PIC • Jonathan Smithers Law Society past President.

PIC • Pimms at the ready!

PIC • CWHLS Stand

PIC • Tony Charles Steel Band.

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PIC • View over Grays Inn

PIC • Thank you Helpers!

PIC • Champers at the Inn.

PIC • What an enjoyable evening.

PIC • CILEX stand.

PIC • ABC Chambers stand.

PIC • Southern-Rag-a-Jazz.

PIC • SBA stand.

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PIC • An avenue of lawyers.

PIC • Jonathan Smithers and guest.

PIC • Davy's Wine Bar kindly provided the drinks.

PIC • Tanfield Chambers stand.

PIC • A legal tête-à-tête.

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PIC • Lawyers in action.

PIC • Edward Macey-Dare CWHLS President.

PIC • The art of networking.

PIC • John Davies : CWHLS Past President and guests.

PIC • Michael Fletcher : CWHLS Immediate Past President and Joe Egan Law Society Vice President.

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NOTICE IS HEREBY GIVEN that The Annual General Meeting of the City of Westminster and Holborn Law Society will be held at the offices of Lee Bolton Monier-Williams, 1 The Sanctuary, London SW1P 3JT at 6:15pm on Wednesday 19 October 2016.

The business of the meeting will be:1. to receive the President's Report; 2. to approve the Accounts for the year to 30 September 2016; 3. to approve the subscription rates for the ensuing year as follows:MEMBERSHIP CATEGORY

SUBSCRIPTION (£)

Full Members (Practising)

40

Full Members (Non-Practising, including retired practitioners)

20

Associate Members

30

Trainee Solicitor Members

15

Student Members

10

4. to elect honorary members of the Society; 5. to elect members of the Committee for the ensuing year; 6. to install the Officers for the ensuing year; and 7. to consider any other business of which notice shall have been given in accordance with the Society's Articles of Association.

Every Full Member and Honorary Member (but not Associate Members, Trainee Solicitor Members, or Student Members) is entitled to vote or to appoint another person as his proxy (as per the attached proforma Proxy Form) to exercise all or any of his rights to attend and to speak and vote at the meeting, and is referred to Articles 38 and 39.

The dinner following the AGM will be held at Lee Bolton Monier-Williams, 1 The Sanctuary, London SW1P 3JT.

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BOOKING FORM: DINNER FOLLOWING THE AGM at LBMW Name…….............................................................................................................

Address................................................................................................................................................................................................ .............................................................................................................................................(Post Code).............................................

Please advise of any dietary requirements Please complete the above and return it, together with a cheque for £40.00 payable to the City of Westminster & Holborn Law Society, to: Susie Hust, The Cityof Westmisnster & Holborn Law Society, 1 The Sanctuary, London SW1P 3JT

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FORM OF PROXY FOR ANNUAL GENERAL BEFORE COMPLETING THIS FORM PLEASE SEE EXPLANATORY NOTES BELOW

(NAME OF MEMBER) as a member of the Company appoint

(NAME OF PROXY - LEAVE BLANK IF YOU WISH TO APPOINT THE CHAIRMAN OF THE MEETING. DO NOT INSERT YOUR OWN NAME. THE PROXY NEED NOT BE A MEMBER.) or, if no one is named in the box as proxy, the Chairman of the Meeting as my proxy to exercise all or any of my rights to attend and speak for me/us and on my/our behalf at the annual general meeting of the Company to be held on 19 October 2016 (and at any adjournment of the meeting) and to vote and/or abstain on as he or she thinks fit on any other business properly dealt with at the meeting (or adjourned meeting).

Signed this______day of October 2016

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(PLEASE SIGN HERE.)

EXPLANATORY NOTES: 1. You are entitled to appoint another person as your proxy to exercise all or any of your rights to attend and to speak and vote at the meeting.

2. A proxy need not be a member but must attend the meeting to represent you. If you wish to appoint someone other than the Chairman of the meeting, insert the name of the person you wish to appoint in block capitals in the space provided. Where you appoint someone other than the Chairman, you are r esponsible for ensuring that they attend the meeting and are aware of your voting intentions. If you wish your proxy to make any comments at the meeting on your behalf, you will need to appoint someone other than the Chairman and give them the relevant instructions directly.

3. To be effective, this proxy form, fully completed, together with the power of attorney or any other authority under which it is executed (or a notarially certified copy), must be lodged with the Company at its registered office not later than 5:00pm on 7th October 2016.

4. Any alteration to this proxy form should be initialled.

5. The completion and return of this proxy form will not prevent a member from attending the meeting and voting in person.

6. Addresses (including electronic addresses) in this document are included strictly for the purposes provided and not for any other purposes.

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LONDON JULY 1, 2016: The Court of Appeal has issued a landmark judgment in a professional negligence case that will have wide-ranging ramifications across the lending industry.

The decision also sets a new precedent, in that it changes the legal principle of causation.

Banks, building societies, asset based lenders and surveyors will be affected by the eagerly-awaited decision that means lenders can recover all of their losses from a negligent valuer arising out of a refinance loan. The effect of the case goes well beyond both the lending and valuation industries as it refines the way in which the Court will apply the long established “but for” test to assess what loss flows from a breach.

Solicitors Rosling King (RK) acted for the Liquidators of bridging lender, Tiuta International Limited, against De Villiers Surveyors Limited in a case involving the valuation of a property development in Sunningdale, Berkshire.

Tiuta sought to recover from De Villiers the £890,500 loss it suffered arising out of a refinance loan, claiming the valuation report significantly and negligently overvalued the property.

In an earlier hearing in the Chancery Division, the Court ruled that Tiuta’s loss should be limited to the amount lost in ‘topping up’ the original loan (c£272,700).

However, the Court of Appeal has now overturned that decision Georgina Squire, head of Dispute Resolution at Rosling King, said: “This is a resounding win for lenders on an important point of law. Not only does it have wide ramifications for claims against professional advisers, but it also has a much wider impact as it changes the way in which parties have to assess their loss under the “but for” test. ” “Lenders will welcome this decision as it settles a contentious issue in relation to how much of their loss they can recover having refinanced. They can now be certain that they may recover their full loss in the event the valuation was negligent, not being restricted to the amount by which the refinance exceeds the original loan.”

Georgina Squire said: “The question was should a lender recover all its loss on a refinance loan from a negligent valuer, or is the lender limited to the ‘top up’ advanced after the existing loan is redeemed, because it would have suffered the loss on the existing loan in any event? The Court of Appeal has given much-needed and welcome clarity on the issue.”

De Villiers Surveyors were instructed by Tiuta to value the property in Sunningdale, which was a former nursing home undergoing substantial redevelopment into four three storey midterraced houses.

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The Report

In reliance upon De Villiers’ valuation report, Tiuta advanced funds to its borrower.

The borrower later approached Tiuta to request an increase in the loan facility. De Villiers was instructed to prepare a second valuation report, in reliance upon which Tiuta redeemed the existing loan and advanced further funds to the borrower by way of a refinance. It is the refinance loan that is the subject of the claim.

De Villiers claimed Tiuta could not have suffered a greater loss than the amount by which the indebtedness had increased thereafter, i.e. the loss is limited to the “top up” advance of c£272,700.

The question before the Court of Appeal was whether there was a pre-existing indebtedness created by the first loan, which prevented the lender pursuing a claim for the full loss suffered by entering into the second loan, on the basis that it has already arisen in the first loan and so could not be claimed on the second loan in accordance with a strict application of the “but for” test.

In its judgment, The Court of Appeal held: “There is nothing unjust in holding the respondent liable in accordance with its own valuation, prepared specifically for the purposes of the second transaction” and that the “second loan is entirely independent from the first loan…had there not been a negligent valuation, the appellant would not have entertained the second transaction and [its] loss is the total advance of the second loan, less the [borrower’s] covenant and the true value of the security.”

The Court of Appeal also stated: “it could be said to be inherently unfair that…. a negligent valuer could use an attack on the legitimate working practices and systems of the appellant as a means of escaping part of the consequences of his or her negligence.”

BY Georgina Squire About Rosling King: RK LLP is a UK-based law firm specialising in serving the needs of financial institutions and private equity, real estate and construction clients. www.rkllp.com

Travel

ENJOY LIFE’S GREAT ADVENTURE WITH SIMPLEXITY TRAVEL It was Mario Andretti who famously said, “If things seem under control, you are just not going fast enough.”

Whilst we are the first to admit that winning a Formula One World Championship is not within most people’s grasp, there are other ways to get that adrenalin rush. And when it comes to combining excitement with a holiday, the choices are many.

We’ve asked specialist Mark Smith, Head of Business Development for Simplexity Travel, for his top five adventure holiday recommendations.

Black Water Rafting, New Zealand White water rafting you’ve probably heard of (and if that’s your thing I would definitely recommend the Grand Canyon) but black water rafting? Waitomo Caves in New Zealand’s North Island has become synonymous with this unusual underground activity. With the aid of just an inner tyre tube, explore an enormous cave paradise of stalactites and stalagmites, float through glow-worm-lit grottos and have fun bouncing down rapids. These caving trips are not your average lazy river type experience however. They can also involve crawling through passages, jumping off waterfalls and rope descents.

The Andes on Horseback Saddle up for an eight day ride across the Andes that takes you from Puerto Varas in the Lake District of Chile to the Argentine national park Nahuel Huapi. The trek follows the old pioneer trail that crosses the remote Puelo Valley, a route once used by smugglers. Aside from the breath-taking scenery, you will get an insight into the local culture as you stay at isolated ranches and camp out in the Patagonia wilderness.

Scuba Diving in The Great Blue Hole, Belize The Great Blue Hole is a large underwater sinkhole off the coast of Belize made famous by Jacques Cousteau who declared it one of the top ten best scuba diving sites in the world. Viewed today as a bucket-list destination by most divers, the hole is almost perfectly circular, over 1,000 feet across and 400 feet deep. Divers descend along the wall to a depth of 130 feet where stalactites, formed from dripping water when the cave was above sea level, are clearly visible. The site is surrounded by reefs, making it ideal for snorkellers too.

Dog Sledding in Sweden The ultimate trip for dog lovers and adventurers alike, a huskie-led sled whisks you along ancient travellers’ routes and through birch forests untouched by mankind. A chance to breathe pure air and enjoy a silence so intense you can almost hear it, this experience also offers a wonderful opportunity to see the Northern Lights.

Sea Kayaking in Scotland If you’ve only got a few days to spare, then how about learning to sea kayak on the crystal clear waters of Scotland’s mountainous west coast? There can be no better way to explore the local cliffs, caves, tunnels and secluded beaches and spot the indigenous wildlife, from puffins, whales and seasonal dolphins to the ever present porpoise. The truly adventurous can choose to camp, whilst the less hardy can opt to rest their weary limbs in a friendly inn.

So, if lying on a beach with a book in one hand and a cold beer in the other doesn’t quite do it for you, speak to the experts at Simplexity Travel.

For more information please see www.simplexitytravel.com or call Mark Smith on 0203 535 9290.

The Report

15

CWHLS members report

Peace at last in Colombia?

CWHLS members report on the 2017 peace agreement Over 10 years ago CWHLS was asked to host a meeting in the Law Society for a speaker from Colombia. She was Soraya Gutierrez, and she spoke movingly about the situation of human rights lawyers in Colombia.

Soraya received a horrific death threat from paramilitaries who sent her a box. Inside was a doll which was covered in blood. The chilling message with it was “You have a beautiful daughter. Look after her”. Over 450 lawyers have been killed in Colombia, and many others have received threats, been attacked, detained and imprisoned, and lawyers’ offices have been raided and client files stolen.

This is a pattern that has gone on for decades, but 2017 could be the year that brings an end to nearly 60 years of conflict. The rise of guerrilla armies followed after thousands of politicians were murdered in an effort to eliminate the left wing in politics. Within the Colombian Constitution there is provision for vigilante committees. Over the last 25 years and more, paramilitary groups on the right wing in politics started to become active in eliminating human rights defenders in many fields, including teachers, trades unionists, community leaders, indigenous people leaders, women’s movement activists, judges and lawyers. From around 2007 CWHLS International Committee has worked closely with the Law Society Human Rights Committee and Peace Brigades International.

Jeffrey Forrest and Sara Chandler are members of the Colombia Caravana, an international network of lawyers, which was founded by CWHLS in 2008. They both returned at the end of August from Colombia, where they were joined by another 58 delegates who met with lawyers and their clients, judges, prosecutors, and human rights defenders from community organisations, to hear their testimonies on the situation in Colombia.

Meeting the President of the Supreme Court, Margarita Cabello, only the second woman to be appointed President in 185 years, was a highlight of the first day’s work. She introduced us to 2 other Judges from the Supreme Court and they were very interested in the Caravana. Judges still receive threats and 1328 Judges have been assassinated, and there was a period of 10 years when there was never a year without a killing.

Judges have to adjudicate on land restitution cases, and the President told us that the land theme is a theme of death. Last week a Judge in the northern Caribbean coastal town of Santa Marta received a death threat.

After our meeting the President took us to the grand chamber of the Supreme Court and then out on to the balcony, a privilege not extended to many people. From there we could see the Congress building, the Cathedral and other judicial buildings around the Plaza de Bolivar.

In our meeting with lawyers from the United Nations High Commission for Human Rights (UNHCHR) we were told about the development of Colombia’s National Protection Unit. It took years of hard work between the UN, the human rights lawyers, the Police, the Human Rights Ombudsman Service and the Government to set up the Unit, which the Caravana has observed over the last 3 years. If a lawyer receives a death threat then they apply for protection. However, this is dependent on an evaluation of the risk by the Unit, which does not have good communication with local services. Colombia is a huge country and suffers from failures in communication between different government services. The Unit cannot assist all who apply and some people get just a panic button, which is supposed to summon police, but monitoring has shown that this is not effective.

The human rights lawyers can only do work on cases of human rights violations with the support of international organisations who donate funds. Funds are drying up as people think that the peace agreement will solve all the problems of Colombia. But transitional justice does not include setting up a legal aid service for poor people. Underlying the conflict of nearly 60 years has been the issue of the land. There are at least 6 million people who have been displaced from their land and who now live in shanty towns swelling cities such as Bogota. Land restitution is the first point in the Peace Agreement. A small minority will be successful in regaining their land under the Land Restitution Law, but there will still be millions of people who struggle to survive and to make a living, and to educate their children in the hope of a better life to come. Observers tell us that solving the land problem is fundamental for a lasting peace. The rural poor are now the urban poor, and the lawyers who help them need our support in building a lasting peace in Colombia.

The Caravana was in Colombia as the peace accord between the government and the FARC guerrillas was finally signed in Havana, after several years of negotiation. It was a moment of history and we were proud to be there. The accord is due to be put to a national plebiscite on 2nd October and at the time of writing it was unclear how it would go. If the country votes YES there is a chance for peace; if the majority vote NO the future will be less certain.

CWHLS International are proud to support human rights lawyers in Colombia in their continued work to build access to justice and to defend the right to defend. Without their dedication there would be no justice.

The peace process was a central theme when we met the Director of the Professor Sara Chandler QC (Hon) Fiscalia Nacional (the national Prosecution Service), Luis Gonzalez. Using --is a Past President of CWHLS and scarce resources the Director told us that they taking a strategic joint chair of CWHLS International Committee with Jeffrey Forrest. approach to the high levels of criminality and impunity in crimes against human rights defenders. They will be setting up a post peace process special unit to deal with crimes arising out of the peace agreement and end of the conflict, however it was vague as to how and when.

We raised concerns about how transitional justice after the peace will help poor people who do not have access to justice unless their case is taken up by a human rights lawyer. There are too many cases, so that the human rights lawyers can only take up emblematic cases and cases dealing with massacres. There is cooperation in some regions now between the prosecution service and the human rights lawyers. This is a new development which we did not witness in the last delegation to Colombia.

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Spotlight

Mark Harden joins DMH Stallard Mark Harden has joined DMH Stallard as a partner in the firm’s London office. Mark joined from the London office of Thrings and specialises in corporate and commercial transactions with particular emphasis on mergers and acquisitions, joint ventures, corporate and project finance and all manner of commercial agreements.

DMH Stallard now employs 300 people, including more than 60 partners, across offices in London, Gatwick, Guildford and Brighton.

Richard Pollins, Managing Partner of DMH Stallard, said: “Mark is an exceptional individual. We’re all delighted that he has joined our London operation. His commercial experience and background in engineering makes him an obvious choice for advanced manufacturing and high tech companies, large and small, embarking upon corporate or commercial transactions.”

Mark spent 10 years at The Marconi Company including two years in a commercial management role before he qualified as a solicitor. After leaving the industry and gaining his law degree, Mark completed his legal training and spent seven years at the magic circle firm, Linklaters. He then spent four years at Ernst & Young’s associated law firm. Mark has now been a partner for 12 years.

Mark has experience in a range of industry sectors including manufacturing, railways, aerospace, defence, telecommunications, leisure and financial services. Mark said that it was an easy decision for him to join DMH Stallard: He said: “DMH Stallard is a highly respected law firm with ambitious plans to grow over the coming years. There is a strong synergy between my experience and the firm’s business sector focus and it was clear from an early stage that we have a shared vision as to how growth can be achieved.”

The Report

17

Spotlight

SPOTLIGHT ON:

Eileen Carroll QC (Hon) Deputy Chief Executive of CEDR, is one of the most senior and sought after mediators in practice today with over 20 years’ experience as a full time mediator following her career as an international litigator.

What drove you to push mediation in the UK? In the 1980s I was practising as a commercial litigator in London and doing a significant amount of international work. I was offered the opportunity of working in San Francisco and during that secondment I had a lot of personal experience of mediating a variety of insurance and construction disputes for American clients. I was so impressed by the effectiveness of mediation in a highly adversarial environment, it motivated me to explore how we could have the same opportunities for our clients in London. I wrote the first article about whether we were ready for ADR in Europe in 1989 in the International Financial Law Review. The following November, in 1990, we launched CEDR at the CBI. There are another number of pioneering lawyers who had the same view and they were part of the CEDR steering committee. We also had tremendous support from major corporations with their global experience, and particularly North American experience, who could see the benefits of mediation in cross border disputes.

How proud are you of the international reputation CEDR now has?

Enormously proud. CEDR has always and continues to push way above its weight. CEDR mediation clauses are widely used – we now have them translated in 16 languages! We’ve helped bring ADR to over 70

jurisdictions through development consultancy, trained over 7,000 mediators and provided services across Europe and in countries like Cuba, Russia, India, Hong Kong, South Africa and Nigeria. We’ve worked and continue to work closely with organisations such as the UN, NATO, the World Bank, foreign governments and global institutions and CEDR’s Global panel has resident mediators in over 20 countries.

What are the key differences between being a litigator and a mediator?

As a litigator you are immersed in your case, emotionally invested in your position and principally thinking of the strengths/weaknesses of the other side(s), risk assessing and reviewing matters as more information becomes available and the litigation process unfolds. As a mediator you have an entirely different role - you are there as a negotiating coach to both parties. In the short time you are working with the clients, whilst you will be aware of the strengths and weaknesses of the legal arguments you will be looking at matters much more broadly: the commercial issues; the emotional issues; and the real focus of the clients which is, in many instances, to get a sensible negotiated exit.

I can think of a recent international case I mediated where the parties had a genuine deadlock in relation to transportation of goods which they had tried on several occasions to resolve. Before heading to arbitration, the inhouse legal teams together with senior negotiators flew to London and booked two days for mediation. I reviewed all the background commercial material and we had an extremely productive two days of dialogue resulting in a settlement they had thought previously was not achievable.

One of the commercial clients, when asked what he thought made the process work, said being forced to focus on issues that were important for future relationships.

What sets lawyers apart in mediation?

Good lawyers in mediation are well prepared. They know their clients and understand their clients. They can create an effective relationship with the other professionals. They have the ability to listen. They have the ability to communicate difficult material well. They are able to quantify the value of their client’s claims and are flexible. These are the good lawyers. The less good lawyers forget that they’re in a negotiation and think they’re still in a courtroom or, worse still, don’t prepare their clients and don’t really participate effectively. Thankfully this is less the norm.

What I have been told by many hardened litigators is that learning the skills of a mediator was one of the best professional training programmes they ever attended and has changed their approach to how they handle clients in dispute.

Can mediation really work with complex, high value cases?

It does! The process has proved itself time and time again in highly complex and sensitive cases, many of which, for confidentiality reasons, we can never reveal. However some have been written about in the press including the Maxwell’s pension debacle and the Alder Hey organ retention case. In my own practice I have had many high profile cases, often at very short notice. I can think of one some years ago involving

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Spotlight

Over 25 years unrivalled experience in dispute resolution, conflict management, training and civil justice systems North American clients and the Lloyd’s insurance market with about £12million in dispute. They had unsuccessfully mediated in California but agreed to mediate in London. It involved about 30 individuals and I mediated over 5 days including the review of all the materials. I was quite proud of the fact that one of the West Coast attorneys said that he believed it was one of the most difficult cases to settle he’d encountered in 40 years and was absolutely amazed at the progress and outcome we had achieved in London.

What’s been your worst /best mediation experience?

Do you think women are better negotiators than men?

There are excellent male negotiators and, no, I don’t on balance believe women are better negotiators than men. Men can find it easier to win authority, respect and status. Women have innate characteristics such as: empathy, verbal skills, the ability to create a listening environment and giving parties the feeling they are in control – all very important elements of successful negotiating.

You’re about to publish a book – what would you say are the key messages?

I started this career by seeing mediation as a tool for my clients and other clients. My mantra since then has been to create a process and environment where by mediation serves the client and not the legal and mediator professions. My key message, as set out in our book, International Mediation: Breaking Business Deadlock is that with a wellstructured mediation process you can always get a better level of understanding about why clients are in deadlock, and with the right mediator and clients at the table over 90% of the time you will make very good progress if not breakthrough the deadlock to settlement. It is a What do you believe is the key to breaking deadlock? process that is globally applicable and I hope that more and more One of the key things to breaking deadlock is engaging with the mediation businesses will come to mediation at an early point in time. The book I or negotiating process and really listening to the other side, understanding hope provides the legal profession with a guide of how best to engage with the process, with signposts to the key elements for a successful what their drivers are. One of the greatest weaknesses of the adversarial practice in mediation, so they may better represent their clients. process is the inability to communicate well with the other teams. This is . where mediation steps up and provides a process where effective forms of communication at all levels can take place. You also need to be well prepared, flexible and you need to think beyond law and consider the wider range of interests practically and commercially.

I am not sure that I could say that there has been a worst experience because it is never about me, it’s always about the clients, but you do see some very sad and difficult situations particularly in family business disputes. One of the mediations I remember very clearly going back many years was a family business dispute where one of the family members in their 80s hadn’t seen their grandchildren for some years. Arising out of the mediation they had the first contact with their grandchildren – certainly one of my most satisfying outcomes.

Finally, it’s important to have an excellent grasp of value and work really ably with the different number permutations because many disputes involve an exit price. I remember, going back some years, a pre-issue mediation (always satisfying to see!) in Portugal over loan notes - it was a post-acquisition dispute. We met at the bank in Lisbon and again over two days with very small teams (and costs) we were able to resolve the dispute.

Triggering a mediation and complying with Practice Direction made easy!

How will Brexit impact on International Mediation?

I can’t really see how it will impact. Given the development of mediation and the scale of its use internationally, it is most likely that the UK will continue to lead (certainly keep up) with any future European initiatives regarding mediation and alternative dispute resolution. If anything international organisations might be more inclined to mediate because of any potential uncertainly in the interpretation of EU legislation in existing contracts.

What I do think is that that those involved in the Brexit negotiations could learn a lot from our experience in international commercial mediation. It will be essential to have strong process – even more so given additional complexity of the length of time these negotiations will take - with many issues such as authority, stakeholder dialogue, timelines and moving agendas being a critical part of an effective process.

What qualities/characteristics make a good mediator?

A quick grasp of the issues, the ability to cut through to what is really important to both sides, an ability to listen – and I mean actively listen which is a skill CEDR teaches not only on its Mediator Skills Training but also in its conflict management training. We can all improve our communication with clients, stakeholders and disputants if only we listened more effectively! Patience, persistence, resilience and the willingness to challenge effectively are all essential qualities. But if you’re interested in people, you’re half way there.

ADR Notice

Launched by CEDR, ADR Notice is a free tool for lawyers to instigate mediation.

ADR Notice not only benefits the case but also helps litigants (and those dealing with dispute referral clauses) comply with Practice Direction (e.g. PreAction Conduct and Protocols Part 8 and 9).

For more information visit adr.cedr.com The Report

19

15TH SEPTEMBER: JOANNE CRACKNELL, DIVISIONAL DIRECTOR < WILLIS TOWERS WATSON PRESENTS

BE DILIGENT WITH YOUR DUE DILIGENCE & OTHER ANTI-MONEY LAUNDERING MEASURES

There has been much emphasis recently on the risks to law firms from cybercrime, that the risk of money laundering to the legal profession has taken a back seat. The strategic report prepared in July last year by Europol’s Financial Intelligence Group stated that despite the global rise of cybercrime and virtual currencies, “cash is still king” as criminals continue to use cash and it is still the preferred method to launder proceeds of crime and the risk is still prevalent. The services provided by law firms can make them attractive targets for those wishing to launder the proceeds of crime.

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

City of Westminster & Holborn Law Society: Seminar 15th September 2016 Please send me .............. tickets at £10 each (members and members' guests).

I enclose a cheque for the sum of £...................payable to the City of Westminster & Holborn Law Society, to: Susie Hust, The City of Westmisnster & Holborn Law Society, 1 The Sanctuary, London SW1P 3JT Name…….............................................................................................................

Address................................................................................................................................................................................................ .............................................................................................................................................(Post Code).............................................

Please advise of any dietary requirements

QUIZ NIGHT 6th OCTOBER 2016 To be held at: 1 THE SANCTUARY, LONDON SW1P 3JT 6.30 - 9.30 To Include Supper & Drinks

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City of Westminster & Holborn Law Society: QUIZ NIGHT 6th OCTOBER 2016 Please Return To: Susie Hust, The City of Westmisnster & Holborn Law Society, 1 The Sanctuary, London SW1P 3JT Please send me .............. tickets at £15 each (members and members' guests).

I enclose a cheque for the sum of £...................payable to the City of Westminster & Holborn Law Society, Name…… .............................................................................................................

Address................................................................................................................................................................................................ .............................................................................................................................................(Post Code).............................................

Please advise of any dietary requirements

20

The Report

Accountancy

Dear Mr Hammond….

A plea on behalf of UK Businesses We have a new incumbent at Number 11 Downing Street who is contemplating the state of the nation’s finances over the summer before taking action in the Autumn Statement to deal with Brexit and the new Government’s aspirations for our society and economy.

• Nick Paterno managing partner at McBrides sends plea to new Chancellor.

• Philip Hammond, the new chancellor of the exchequer.

If we are to have something of a ‘clean slate’ here is McBrides’ top 6 wish list of how the Chancellor could help SMEs and professional firms.

Our plea is to simplify these rules thereby encouraging investors to provide greater liquidity to our fledgling businesses.

1. Amalgamate National Insurance and Income Tax

4. Withdraw the wasteful employment allowance and give employers a year free from NI contributions on new employees.

Life is complicated enough with red tape affecting every facet of business and costing £billions. So why do we have two sets of rules and two sets of rates and allowances for taxes which effectively do the same thing?

Some honesty about how much tax is collected from our citizens wouldn’t go amiss either – the majority of employees suffer tax on their earnings at a combined rate of 32%, not the 20% that most people recall.

As long ago as 1986 Chancellors considered combining the two taxes but it keeps getting shelved to the ‘too difficult’ pile. In March the Office for Tax Simplification produced a report which concluded that aligning income tax and national insurance will bring simplification and greater transparency. Please Mr Hammond – get on and do it!

2. Provide some certainty as to how pension fund tax reliefs will operate in the future

This wasteful measure introduced by George Osborne in 2014 gives £3,000 to almost every single employer in the country against their national insurance bill. It was designed to encourage employment, but can anyone really see Marks & Spencer, BP, Barclays et al employing more people because the Government has just given them a £3,000 ‘freebie’ with no effort at all? The rate was increased from £2,000 to £3,000 in 2016 and the cost of that change alone was estimated at £630m for just one year.

A more cost effective and targeted approach would be to give a 12 or six month employer’s NI holiday for SMEs on new members of staff.

5. Extend Research and Development (R&D) tax reliefs to partnerships and sole traders.

The tax rules and exemptions around pension funds have been kicked around like a political football in the last few years. The amount of relief available and the maximum size of tax advantaged pension ‘pots’ have been systematically whittled down to make planning in this environment very difficult.

Companies are able to access extended tax reliefs of up to 230% of their R&D spend from the Government. The claiming of such reliefs is becoming endemic and is almost close to being more of a grant to any company applying rather than a true targeted tax relief.

It often goes unappreciated that many business owners use their pension fund cash to buy commercial property to house their businesses. This usually provides significant flexibility for the business in terms of property costs to the benefit of all of its stakeholders.

Our plea to Mr Hammond is to extend the relief to partnerships and sole traders – why should there be an artificial distinction between theirs’ and companies’ R&D? – but have a look at quantifying criteria to reduce the number of spurious claimants.

If not used in this way, pension fund cash is often left invested in stock markets and similar equity investments and owners are less likely, or even allowed, to use this cash to further invest in their businesses, choking off growth prospects.

6. Reinstate the personal allowance for individuals with income in excess of £100k, and recognise that this has encouraged people to restrict their income.

3. Simplify the Enterprise Investment Scheme (EIS) and Seed EIS (SEIS) qualifying rules.

EIS and SEIS encourage individuals to invest in small companies. The tax reliefs available under these schemes are enticing, but the rules surrounding them are fiendishly complicated.

It’s very easy to break one of the rules meaning the initial investment does not qualify or a qualifying investment becomes ineligible and the reliefs are clawed back.

This discourages badly needed investment in SMEs and restricts the availability of funding for small and start up companies who typically find raising finance from traditional sources difficult.

Few people realise the effective rate of tax (including NI) between £100,000 and £122,000 of annual taxable income is 62%. In fact, the majority of people aware of this will be those that can plan their affairs to mitigate against it.

Aside from the moral question of why isn’t every person in the country entitled to a personal allowance, the removal of this nasty restriction could actually raise more tax as wealthier individuals stop restricting their income to £100,000 to avoid losing 62% of their hard earned income to tax.

By Nick Paterno, Managing partner at McBrides Chartered Accountants

The Report

21

Conveyancing Focus

Conveyancing and tech there is no time like the present to make a change Lately I have noticed more and more that technology has us living as a 24-hour society. between 3-5 websites to complete a conveyancing matter, and more Our days are quickly filled, particularly through the use of said tech, than 60% said that the ability to complete contracts online would make whether at home or at work, and we find ourselves describing our lives more and more as ‘busy’. Being in a fast paced society means we have the conveyancing process more efficient. This clearly shows there is certainly an awareness that investing in consolidated technology is learnt to expect instant gratification when purchasing an item or service, imperative to maintaining a competitive edge and being as efficient as as well as receiving swift, exceptional customer service – and all at a possible, particularly in industries such as conveyancing. However, the competitive price, of course. As a service industry, legal firms are not immune to these attitudes and it is issues around the efficient use of time same research shows that the market is still accessing numerous websites to complete a single transaction. From the initial and the direct effects of it which can be addressed by searches through to indemnities and submission of notoriously using process consolidating technology.

There is no time lengthy forms, such as SDLT and AP1, you should expect to be like the present As global use of technology grows exponentially, legal to make a change able to access all the key tasks in one location, in turn creating firms have been pegged as slow to adopt new systems efficiency and allowing you to focus on providing exceptional in the technology and processes, and as lawyers are often risk-averse and customer service. you are using. time-poor, there may be less motivation to spend unbillable time researching or implementing new technology. However, I recently read the Lexis Nexis Bellwether Report, 2016 which provided an optimistic view of attitudes toward technology in the legal industry, where it stated that over 90% of the lawyers surveyed agreed that “continued investment in technology is no longer optional – it is a ‘must’”, and 64% of respondents ‘strongly agreed’ that continued investment in technology is essential to legal practices.

There is no time like the present to make a change in the technology you are using. Change can allow firms to turn their focus to those areas which clients value the most, those which make the biggest difference to their experience, which is especially important given that research shows how much time is required in managing client expectations. This means that by identifying systems and processes that are going to benefit both internal and external stakeholders in the long term, early adopters of innovative technology will reap the benefits. n

So how does this stack up with reality? In a recent survey performed by InfoTrack, 73% of conveyancers who responded said that they use

By Adam Bullion, Head of Marketing, InfoTrack.

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The Report

Legal Indemnity Insurance

Conveyancing Focus

5 TIPS FOR PROFITABLE CONVEYANCING Have you turned away conveyancing work because it’s not delivering profit? Is the time and hassle involved in accurately preparing documents in your current case management software a barrier to accepting the work?

I f so, it’s time to seriously reconsider conveyancing work. This multibillion pound industry is slipping away from the small law firms who have traditionally been the primary advisers in this space. Professional marketers, entrepreneurs and estate agents sense the inactivity of small law firms and are taking advantage of it by competing for customers that traditionally seek advice from firms like yours.

To regain profitable conveyancing business and deliver it with confidence.

1. Ditch the spreadsheets when creating completion statements.

There are faster, more effective approaches! A good case management system will create accurate statements for you in minutes, eliminating hours of manual checking.

2. Implement a document production system that’s accurate and efficient. Generating documents and letters lies at the heart of conveyancing, so you need an efficient and accurate system. Find a system that has a library of up to date forms, documents and letters to hand and an integrated database, so you capture data once and re-use it throughout the matter.

3. Critical dates can change. Ensure your software can handle this! Conveyancing revolves around critical dates. However, in a complex chain of transactions, dates can slip. Your critical date system must be flexible enough to cope with that.

4. Integrate a good search software with your case management system.

Find a system that enables you to • Order searches directly from the conveyancing matter • Return every search result electronically into the matter document management system.

• Automatically debit the cost of every disbursement to the correct matter.

• Pay a single supplier for search and let them about payment of numerous third parties.

5. Use accounting software you trust. Whether preparing the completion statement, checking disbursement, or handling client money, you need to know that your accounting system will enable you to accurately complete all accounting transactions.

Peter Baverstock is Chief Executive Officer of LEAP in the UK and has been involved in developing software for small law firms for more than 20 years. He may be contacted at peter.baverstock@leap.co.uk or you can connect with Peter on LinkedIn.

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

In June, 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

The Report

23

News

LANDMARK ASBESTOSIS RULING IS GOOD NEWS FOR SUFFERERS Court of Appeal rules entitlement to proportional compensation from as low as 2.3% In a landmark asbestosis case, The Court of Appeal ruled today that asbestosis sufferers could be entitled to proportional compensation from as low as 2.3% from negligent employers, based upon the number of years worked. The historic ruling confirms that proportional compensation is applicable even if the employer’s overall contribution to the condition was minimal and the entitlement was as low as 2.3%.

The ruling relates to retired electrician, Mr Albert Carder, who was exposed to asbestos whilst working at Exeter University. Although most of his asbestos exposure occurred earlier in his career, Mr Carder’s lawyers, Moore Blatch, calculated that his employment at the university contributed 2.3% toward his asbestosis.

The Court of Appeal today upheld the calculation and judgement made

by The High Court in July 2015 that Mr Carder was entitled to compensation. But at the time Exeter University’s insurers appealed, arguing the proportion of the exposure was minimal and had made "no discernible difference to his condition".

Moore Blatch asbestos disease lawyer John Hedley, representing Mr Carder comments: “This decision is very important and will influence other asbestos cases. Whilst there is a long established principle around minimal contributions to asbestos exposure by employers, this case helps define what minimal actually means. We can confidently say this contribution can be as low as 2.3% or even less. Whilst the compensation is not substantial, it will help Mr Carder and the ruling will help many other people who are in a similar position.”

Mr Carder said: “It’s a huge relief for this case to have finally settled and to also know that I can return to court, should my condition deteriorate, which is of great comfort to me and my family. When I started my career asbestos was thought to be such a wonderful thing; unfortunately we were not made aware of the dangers.”

Mr Carder’s overall damages from his total exposure to asbestos were assessed at approximately £67,500, with the university’s contribution confirmed to be £1,713.

Albert Carder from Exeter, now 86, sued the university after he was exposed to Asbestos while working in boiler rooms and other areas between 1980 and 1994.

Mr Carder was diagnosed with asbestosis and developed early symptoms of his lung disease in 1998. His condition progressed quickly, leaving him barely able to walk 100 yards, without feeling breathless by 2013.

Most of the electrician’s exposure had occurred earlier in other employment - during the 1950s when he was an apprentice electrician.

Mr Carder has been unable to pursue his other employers as they were uninsured and he is not eligible to make a claim under the Diffuse Mesothelioma Payment Scheme because this does not cover asbestosis. The scheme was introduced to help people where an insurer or employer could not be traced.

As a result of his exposure, Mr Carder suffers from chronic respiratory problems and uses oxygen to assist his breathing. He says that prior to his illness he was an incredibly agile person and enjoyed dancing with his wife at least four times a week. Previously he weighed 15 stone, but is now a mere six stone and very much housebound.

The High Court ruling found that Mr Carder did suffer damage and injury that was actionable, agreeing that a case had been proven against the university, despite them only making a small contribution. On appeal, the Court of Appeal has upheld that decision.

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24

The Report

Probate

PROTECTING PROPERTY When somebody dies, the largest element that makes up their estate is usually their home. This is often their own property, filled with a lifetime of memories, keepsakes and belongings.

After the owner’s death, this building and its contents take on a very different role and to an administrator. The property is viewed in more simple terms and is very often the estates most valuable asset.

As you all know, it is the role of the estate administrator to ‘manage’ and ‘realise’ these assets, but there is so much more work involved in these two words than meets the eye.

They bring a whole new set of challenges to manage. These include the largely unpredictable British weather and the evenings provide criminals with perfect opportunities for acts of burglary and vandalism. Insurance company Aviva shared their claims statistics for the ten years between 2002-2012, and reported a 150% increase in claims for malicious damage to homes during this period.

More vulnerable empty properties such as probate properties are at even greater risk of damage from vandalism and weather. Empty properties such as these hit the headlines last year when an article in the Telegraph stated: ‘More than 700,000 residential properties in England are left unoccupied, according to the charity Empty Homes. These vacant properties are often managed by people taking responsibility for the estate or affairs of another person or while a property is awaiting sale.

However, many wrongly assume that existing buildings and contents cover would provide adequate protection should something go wrong and as a result, hundreds of thousands of homes are currently uninsured’.

With the demands of your workload you would perhaps struggle to see how you might arrange them all yourself. This is another area, in addition to our more widely known research, where our experienced staff at Fraser & Fraser would work with you, providing you with a trusted partner to offer support throughout the lifecycle of your case.

Things to consider: -

Maintenance & Security Empty Property Insurance Property Valuations Energy Performance Certificate Probate sales Property Clearance

If you are administering an estate with which you require our assistance or are experiencing difficulties, contact one of our case managers now to

discuss how we can help: legal@fraserandfraser.co.uk or 020 7832 1430

The Report

25

Conveyancing Focus

A history of innovation in specialisation The Council for Licensed Conveyancers was established in 1985 to foster competition and innovation in the conveyancing market.

30 years on we are still helping legal businesses thrive by finding new ways to meet changing customer expectation.

Our approach is to support firms to achieve compliance and to accommodate different ways of working where we can. Our experience as a specialist regulator of conveyancing and probate allows us to tailor our regulation to those areas of property law.

Thriving conveyancing businesses…

This history, approach and experience may explain why CLC regulated firms have grown to enjoy a market share of transactions that is far greater than their numbers would suggest.

CLC firms make up just 4.4% of Land Registry account customers but generate more than 10% of transactions by value. The average number of transactions for value in September 2015 was 50 for CLC firms and 20 for all others.

TAILORED REGULATION OF SPECIALIST LAWYERS PROTECTING THE CONSUMER SUPPORTING INNOVATION, COMPETITION AND GROWTH

CLC regulated firms account for 25% of the transactions carried out by the top 100 conveyancing firms by volume. But there are thriving firms of all sizes and types regulated by the CLC. …with no need for additional accreditation There has been no need for an accreditation scheme for CLCregulated firms or lawyers. Specialisation and the scale of firms as well as the effectiveness of regulation have meant that such schemes are unnecessary. n Find out more To find out more about qualifying as a CLC lawyer or how to set up your conveyancing or probate practice under CLC regulation, visit our website www.clc-uk.org or call us on 020 7250 8465.

IT’S TIME TO THINK ABOUT THAT MOVE

To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.

www.clc-uk.org/Changing-Regulators or call 020 7250 8465 26

The Report

Legal Costs

The costs revolution: I have witnessed many changes in costs over my 30 plus years in practice, but I can see that the changes which we are currently working with are having a huge impact on how solicitors are having to manage their cases in so far as costs are concerned.

I think two of the biggest issues of recent times are budgeting and the developments of J-codes which are proposed for recording solicitors’ time.

If counsel has already been engaged do communicate with him or her on planning the road map as counsel will have much to contribute.

In recent years there have been a number of developments in the Rules and Practice Directions regarding case management and budgeting plus a plethora of reported cases on issues surrounding the same, particularly as regards budgeting, which will no doubt continue into the future.

J-codes may appear as something planned for the distant future but it is already been used in a number of firms and a new form bill of costs is available and being piloted in the Senior Court Costs Office.

J-codes originated from the Lord Justice Jackson Review of Civil Budgeting has however been in practice for some time now so Litigation Costs which was finalised in December 2009. Lord most firms have developed their own best practice. So far as the Jackson observed in his final report “Most people record the time judiciary is concerned there have been some surprises on how which they spend, e.g. eight hours on documents, but not what matters have developed, firstly the very small number of they were doing in that time. Solicitors should capture the applications issued to vary a budget and secondly relevant information on their time recording systems, I think two of the as work proceeds. There should be codes for that budgeting has not resulted in any notable reduction in the number of budgeted cases biggest issues of different tasks.” proceeding to a detailed assessment. recent times are As a consequence of his observation Lord Jackson budgeting and the recommended that “A new format of bills of costs From those cases where I have been involved in compiling the budget there has been very little should be devised, which will be more informative developments deviance from the budgeted phases at the end of of J-codes which and capable of yielding information at different levels the matter but this has only been achieved by are proposed for of generality.” carefully planning the budget at the outset From talking to clients a common concern for them is recording (including with particular focus on the assumptions) adapting to the phased approach for each solicitors’ time. and just as importantly, monitoring of the budget as procedural step, identifying different work tasks and the case progresses. how to implement the implementation of J-codes into their When considering the assumptions I have found that it is as well practice. to include both the assumptions of what you have included, and Other than the larger firms of solicitors or those exclusively just as importantly, what has not been included. Assumptions dealing with litigation, far too many practices have neither the help to focus the mind on the road map a matter is expected to resources and/or technology to record their time to fit the phases take, highlight to the fee earner if the planned route changes at and the expansive J-codes for numerous work types. any point in the proceedings, and if the case proceeds to a detailed assessment, give you some ammunition you need to try Whether your firm has the computer software or not, the easiest and argue why the budget has not been followed. practical tip is to get into the practice of noting on our attendance notes which phase your time relates to and if at all possible make CPR 3.21 does of course enable you to apply to the court for a note of the J-code. approval of a revised budget but this must be done at the earliest opportunity and certainly before the unbudgeted costs have been The dream for some senior judiciary is that firms will have incurred. Communication with your opponent is key and given computers that allow fee earners to record time with the individual that the new issues are likely also to impact on their budget, their J-codes and at the press of a button produce either a budget support should be anticipated but not certain and should certainly and/or a bill of costs for assessment. Personally I think for most not delay your own application. firms such a dream is a long way off in the future but I do believe that the technology will soon be available to at least convert a Communication with the opponent is essential to understanding budget into a bill of costs which is all the more reason to ensure how the road map will pan out and to ensure that the the budget you prepare is perfect every time. expectations of the opponent are planned into your budget. As is often the case, the courts can at times be unpredictable on how Paul T. Carter they think a case should proceed so the best advice on Costs Lawyer maintaining control is to agree as much of the budget as possible Temple Costs Lawyers and avoid the risk of the judge intervening in your plans. t: 020 8641 0729 e: info@templecostslawyers.com Communication with your own counsel, experts and others is of course critical in order to identify fees incurred and anticipated.

The Report

27

Legacies

CANINE CARE CARD Some dog owners worry about what might happen if they were to pass away, leaving their beloved four-legged friend behind without an owner.

Thankfully, Dogs Trust offers a fantastic free service that aims to give owners peace of mind, knowing that their dog will be loved and cared for if the worst should happen.

The Canine Care Card service not only offers reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time.

Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and given them lots of TLC whilst they waited to find their happy new homes. Two such dogs were Greyhound duo, Red and Sally, both seven, who arrived at Dogs Trust Basildon, after their owner sadly passed away. They were looking for a lovely big garden to sprint around in, and a snuggly sofa to stretch out their long legs in the evenings. Dogs Trust Basildon was able provide them with a comforting home-away-from-home, sofa and all, until they found their â&#x20AC;&#x2DC;furrytaleâ&#x20AC;&#x2122; ending with a loving new family.

Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving owner.

Adrian Burder, Dogs Trust CEO says, â&#x20AC;&#x153;Thanks to Dogs Trustâ&#x20AC;&#x2122;s Canine Card Card scheme, dogs in need of a new home are given a lifeline, meaning that Red, Sally and many dogs like them are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card - which acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishesâ&#x20AC;?.

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28

The Report

compulsory purchase and planning law

COMPENSATION: PROTECTING TRADING

By Barry Denyer-Green

A compulsory purchase practice never lacks interest.

W

hether it is managing the unreasonable expectations of claimants for compensation, or advising an acquiring authority as to the limitations of statutory powers to permit them to do want they want to do, it is all good fun. One of the common issues of the moment concerns the compulsory acquisition of leases, particularly business leases.

it had to be assumed that the landlord would recover possession at the earliest date permitted under the date whether or not the evidence showed that it was unlikely that the landlord would want to recover such early possession. This decision is relevant to leases with short terms, leases subject to early determination clauses, and contracted out leases.

The effect of the decision can mean that where early possession Crossrail 2 is beginning to throw up problems for landowners could lawfully be obtained by the landlord, it cannot be assumed and tenants, as does HS2, and now is the time, as with any that the tenant could have continued in possession beyond that proposed scheme involving compulsory acquisition, to consider earliest date, and therefore it cannot be assumed that a business landownership and tenure issues. Too often the freehold, or a tenant could have continued to earn profits at the lease in land, is held by ABC Holdings Ltd, and One of the premises beyond the date when possession could the occupier is ABC Trading Ltd. If the trading common issues first be obtained by the landlord. company has no lease from the holding company, of the moment and this is really quite common, it has no As a claim for loss of profits in the future is concerns the compensatable interest, and any claim for dependent on the ability to continue in occupation, compulsory compensation in due course, following a in the absence of compulsory acquisition, the acquisition of compulsory acquisition, may be severely limited to leases, particularly Bishopsgate case can mean that a business tenant, that allowed under s.37 of the Land Compensation who had every reasonable expectation of remaining business leases.

Act 1973. That could be very serious to the trading in occupation well beyond the date that the landlord company if the costs of relocation, the loss of profits or any could theoretically have recovered possession, may not be close down of the business are high. adequately compensated.

Whilst such heads of claim are in principle allowed, regard is had to the reasonable expectation of how long the tenant might have remained in occupation, and where there is no lease, such expectation can be difficult to prove and may well be a lot less than the term of any lease that the tenant could otherwise be holding.

But the position can be remedied if steps are taken to change the tenurial arrangements as early as possible.

Barry Denyer-Green is a Barrister at Falcon Chambers and an Arbitrator at Falcon Chambers Arbitration.

Now is the time to ensure that such holding companies have suitable leases that will preserve future compensation claims.

It is unlikely that the grant of any necessary lease at this stage will fall to be disregarded for compensation purposes under s.4 of the Acquisition of Land Act 1981, although that might not be the case once statutory powers are enacted.

In all cases of trading or other companies or individuals holding leases, the leases should be carefully considered.

It was held in Bishopsgate Space Management Ltd v London Underground [2004] 2 EGLR 175 that, for compensation purposes,

The Report

29

Technology

Voice-based technology and its place within small law firms Could you benefit from technology that is helping hundreds of law firms reach high levels of customer delivery?

Are you tired of wasting valuable time using manual processes or spending money on fixing slow and unresponsive systems?

You are not alone. Many small to medium sized law firms are losing dozens of hours a week working with outdated systems.

While people trust these methods, most do recognise their inefficiencies and know that implementing a more modern solution is necessary in order to stay competitive.

One option which works across firms of all sizes and is a quick and risk-free way to start seeing real benefits to efficiency and ultimately the bottom line is the introduction of voice-based technology.

The average person can talk three times faster than they type so utilising this for everyday tasks makes a lot of sense.

Whether itâ&#x20AC;&#x2122;s creating a document, allocating a task, or billing time, your voice can be used with the latest technology to help speed up and improve your current processes. This enables you and your firm to focus more time on value added tasks.

Currently, many small to medium sized law firms are looking at ways to get the most out of their workforce, even when theyâ&#x20AC;&#x2122;re not in the office. The emergence of smartphone and tablet apps means that lawyers can now utilise their time away from the office by sending dictated work or voice-based instructions back to their support teams from wherever they are, whether thatâ&#x20AC;&#x2122;s to and from court, meetings or even from home.

At present, many lawyers and support staff still spend countless hours manually typing long, text heavy documents such as attendance notes and letters. This can quickly become a time consuming and costly activity. The advances in

technology such as Speech Recognition, which now routinely returns accuracy of 95%+, can be used to make your employees more productive. This will ultimately help you reach higher client service delivery in less time.

Over 10,000 people use BigHand Professional, an easy-to-use voice productivity tool that can be installed on your desktop, smartphone or tablet allowing for dictation or task allocation anywhere, anytime. As a simple plug and play solution there is no need for any expensive in-house infrastructure, all on-going maintenance is taken care of and weâ&#x20AC;&#x2122;ll even keep you up-todate on the latest version free of charge.

With 21 yearsâ&#x20AC;&#x2122; experience and 24/5 UK-based technical support BigHand are here to help, meaning you are free to get on with the task in hand.

If any of this sounds familiar and you would like more information about BigHand Professional, please get in touch with us at enquiry@bighand.com or www.bighand.com to see how we can help your firm.

â&#x20AC;&#x153;The average person can talk three times faster than they type so utilising this for everyday tasks makes a lot of sense.â&#x20AC;?

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30

The Report

%KI+CPF 2TQHG HGUUKQPCN YRLFH EDVHG WHFKQRORJ\ IRU VPDOOHU OHJDO ILUPV

Protection Under Section 27 of the Trustee Act 1925 Unknown creditors can pose a particular challenge for trustees of an estate. When a trust is wound up, the trustees are tasked with disbursing funds in three categories: • to any outstanding creditors • their own reasonable administration costs, and finally • to those who are beneficiaries under the terms of the trust.

However, there may be creditors of whom the trustees are not aware. How are the trustees protected in the event of a claim?

Insurance Some trustees rely on credit liability contingency insurance, which is readily available in the insurance markets. It provides protection should any beneficiaries make a successful claim to assets which ought to have been paid to them from the trust, had the trustees known of them, and their rightful claim.

However, there may be reasons why securing such insurance is not feasible and, where insurance can be secured, the costs involved may be so high as to be prohibitive.

Section 27 protection Section 27 provides that the trustees may give notice by advertisement in the Gazette and in a newspaper of their intention to make a distribution, requiring any person with a claim to send to the trustees or personal representatives, within two months, particulars of his claim in respect of the property or any part thereof to which the notice relates.

Funding › Research › Cure

After the two month period the trustees can safely press ahead with disbursing the assets of the trust, taking into consideration only the claims of creditors of which they have had notice.

How can TMP Reynell help?

We have been experts in Estate and Trustee statutory advertising since it began, so you can be sure we’ll make the whole process of arranging the publication of section 27 advertisements as simple, fast and cost effective as possible.

Our online ordering system makes the process very easy.

Just go to http://www.tmpreynell.co.uk/order-online/, register, submit the simple form and we’ll do the rest.

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

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

Tel: 0208

296 3698

At TMP Reynell, we offer you the easiest, fastest, most accurate and cost effective statutory advertising service around Whatever and wherever you need to advertise, get in touch today to find out more about how we can help 020 8501 9730 statads@tmpw.co.uk www.tmpreynell.co.uk

tmp.reynell

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

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

What will happen next?

• We’ll process your order and set your adverts • We’ll account for the requisite claims period of two months and one day • We’ll email you to let you know when your advert will appear, how much it will cost and the claims expiry date • We will always send a PDF of your adverts once they have appeared, along with our invoice • Need a quote? Just state this on your order and we’ll get back to you with prices

Statutory Advertising Services Charity Reg. No. 800952

Trustee Act ● Insolvency ● Licensing ● International

The Report

31

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Conveyancing

BIG INTERVIEW WITH

SCOTT BOZINIS

CEO of InfoTrack 1. How did you come to be CEO of InfoTrack?

I studied technology and began with InfoTrack as chief technology officer seven years ago. The role was well-suited given my parents were land title officers, so the foundations were already set. The opportunity to replicate the success of Australia in the UK was too good to turn down which is why I took the CEO role here when it was offered to me.

2. What void are you filling in the UK conveyancing market?

Conveyancers no longer need a search provider, they need a service provider who will challenge the normal working processes and truly evolve them. At present, they often visit up to 6 or 7 different websites for pre and post completion. By doing so, they are also regularly rekeying information which can lead to mistakes. Our platform incorporates all these tasks which means that long winded forms such as AP1’s and SDLT’s are pre-populated, thus reducing errors and increasing speed.

This is a concept that has not been offered before in the UK, and we are disrupting the market to provide technology that adapts to the conveyancer and their needs.

3. You’ve experienced impressive growth in your first year in the UK market, what is the secret to your rapidly expanding client base?

InfoTrack are a young technology business focussed on innovation.

We understand conveyancers want to improve efficiency within their business and they’ve long sought solutions to alleviate the arduous processes and forms behind conveyancing. The technology we provide to our users is simple and, just as importantly, enjoyable to use as it consolidates the process into a single platform making the tasks easier.

Having grown from zero to over 300 active clients in just under 12 months cannot be put down to luck – it’s a direct result of providing technology that conveyancers need.

4. You talk a lot about technology as being “enjoyable”, should that apply to law firms?

Absolutely. Staff in law firms are now demanding the same quality of technology they use in their personal lives. They’ve been using that technology for more than a decade and many are managing their lives almost entirely via a tablet or a phone. Why should that be any different in the workplace? They expect the beginning, middle and end of the conveyancing process to be consolidated using simple, smart technology – especially when they are using it every single day.

5. How could the property buying process (residential and commercial) be improved?

The reality is we know the home buying process is unlikely to change any time soon, even if the Department of Business Innovation and Skills is currently issuing a ‘call for evidence’. As conveyancers are busy with day-to-day conveyancing tasks, it’s difficult for them to find time to analyse how to better service their clients. We recognise it’s important to give our users this time back so they are better equipped to turn their focus to relationship building and managing home buyer expectations of what’s involved in the process.

6. What role does price pay in the legal market?

How are consumers choosing their legal provider?

Actually, research finds that 54% per cent of home buyers obtain just one quote to proceed with a conveyancer, and a further 39% obtain two or three quotes, so we know it’s essential to provide quotes quickly.

Responding to potential clients as swiftly as possible is crucial here, as is ensuring they feel the process is transparent and clearly communicated throughout – that way price is negligible when buying a home, provided they have a good experience. To support conveyancers, InfoTrack has an inbuilt Quoting Tool that allows conveyancers to instantly generate a quote with ease, including all relevant fees giving them a competitive edge in the market.

7. What makes InfoTrack a great place to work?

Passion, determination and focus. I actively encourage staff to be an integral part in building the company, rather than simply working for the company. Staff are trusted and we work in an environment with transparency across company information. We also work hard to ensure that staff are in a happy workplace with freedom and flexibility, which generates a great culture. We’re a young, relaxed business with an open plan office allowing departments to interact and understand the business across all levels. Having a team of motivated innovators means we are agile and allows us to continually adapt.

8. What does the next year look like?

It’s an interesting question further to the UK’s decision to leave Europe.

The housing market is likely to be a little turbulent for a while, which will potentially impact the volume of instructions. If this is the case, it will be a tough year which means it’s very important for conveyancers to be using enjoyable technology that helps them conduct instructions – from beginning to end. Those conveyancers who are efficient and understand the importance of technology to help them deliver will be able to ride out the storm. We’ll continue to evolve the market with a range of new products and services that will challenge the whole landscape of traditional conveyancing practices.

The Report

33

Book Review

“THE WHITE BOOK” CIVIL PROCEDURE 2016

By Editor in Chief: Rupert Jackson ISBN: 978 0 414 05564 3 (Vol. 2 Hardback) 978 0 41405 665 7 (set) 978 0 41405 664 0 (Volume 1)

Sweet & Maxwell Thomson Reuters www.sweetandmaxwell.co.uk

OUT NOW IN THE NEW 2016 EDITION: THE INDISPENSIBLE REFERENCE GUIDE TO THE CIVIL PROCEDURE RULES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers It is well-nigh impossible to overstate or exaggerate the usefulness, comprehensiveness, authority, and reliability of that famous twovolume work of reference known as “The White Book”. As most or all barristers will tell you, there is scarcely a court anywhere in England and Wales where you won’t find “The White Book” revealing its conspicuous presence on the judge’s desk.

Once you subscribe to the CD and print service, there is a single CDROM available which contains all the materials in “The White Book”, plus additional materials for research, together with a link to the most recent version of the Rules and Practice Directions. Additional content online and on CD is cross-referenced in the print volumes throughout, indicated generally by mouse icons and cross symbols.

If you are a civil practitioner, it is not unfair to say that having “The White Book” with you in court gives you, in so many circumstances, a degree of advantage ranging from ‘a slight significant edge’ through to ‘absolutely overwhelming.’ The news now is that the 2016 edition has recently become available, published by Sweet & Maxwell.

‘Is that all?’ you might ask. Well, no -- there’s more. Also included as part of your subscription, is rather a unique glossy paperback entitled ‘Costs & Funding Following the Civil Justice Reforms: Questions and Answers.’ As costs are always of paramount consideration, this is the book that, in the words of the publishers, ‘no practitioner involved with costs can afford to be without.’

There are of course a number of reasons why “The White But note that Within its three-hundred or so pages and nine chapters, it Book” has achieved -- and continues to maintain -- its “The White answers hundreds of questions that practitioners have pre-eminence and why it is considered the most Book” commonly asked in the wake of the 2013 Jackson reforms authoritative reference for barristers, solicitors and judges.

First of all, a key feature of any work of reference, is a lot more on costs and funding. These are listed in detail in the book’s table of contents. The subsequent answers -- which range especially a hefty one, is its ease of use and it is here that than just from the simple to the necessarily complex -- cover a range “The White Book” excels. The accompanying ‘Book Use a book. of topics, from funding of litigation and case and costs Guide’ gives you clear, explicit instructions as to the ins management, to settlement offers, summary assessments and outs of how to find what’s where in “The White Book”. and much more, all reflecting the latest developments in costs and And once you know your way around it, you will find it – yes – easy to funding which have evolved post-Jackson. use.

Compiled, written and produced by experts, “The White Book” contains -- with accompanying commentary -- the primary sources of law including Acts of Parliament and statutory instruments relating to the practice and procedures of the High Court and the county courts, pertaining to civil business arising in those courts and subject to the Civil Procedure Rules (CPR). Other sources include, for example, practice directions, pre-action protocols and court guides.

But note that “The White Book” is a lot more than just a book.

Purchasing it gives you access to a range of valuable additional services, many of them provided at no additional charge. For example, both volumes (containing more than 6,000 words) are available as an eBook on Thomson Reuters ProView. Also available on request is a Forms Volume -- a ring binder containing a full set of civil procedure forms, with updates also available for the asking. You can also request a Forms CD containing all three-hundred court forms in RTF/Word and/or PDF format. A replacement CD is issued twice yearly to keep you up to date.

34

The Report

“The White Book” itself builds on a long and interesting evolution. Its publishing pedigree can be traced back to the 1870s, during which the first edition of ‘Annual Practice’ was published following the restructuring of the English civil courts. It was eventually renamed ‘Supreme Court Practice’, the last edition of which came out in 1998.

Finally -- and coinciding with the coming into effect of the Civil Procedure Rules in 1999 -- it underwent a further name change to the now familiar ‘Civil Procedure’.

Ever venerable, yet ever young -- and resolutely current via frequent updates, “The White Book” maintains its reputation as the ultimate authority on the civil procedure rules – and predictably will remain indispensable to judges and practitioners alike. If you practise in the civil courts, this is a work of reference -- plus resource base -- that should help you maintain the highest standards of advocacy.

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