Surrey Lawyer Autumn 2016

Autumn Issue 2016

SurreyLawyer

KEW GARDENS

A legacy that lives on (see Page 24)

Sponsors This Issue

Inside this issue:

■ Risk & Compliance ■ Conveyancing ■ Cyber Security ■ Local News

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

4

List of Officers

5

President’s Jottings

7

CEO Report

8 -14

Local News

Local Issues Business Strategy

ADVERTISING AND FEATURES EDITOR Anna Woodhams

11

Making It Personal!

15

Is succession a problem?

16

Interview with Miranda Green.

STUDIO MANAGER

Succession Planning

John Barry

ACCOUNTS

Family Law

Joanne Casey

MEDIA No. 1468

Legal Costs

PUBLISHED

17

September 2016 © The Surrey Law Society - Benham Publishing

The costs revolution: Drainage Laws

18

LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers.

Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.

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

New Drainage Guidance for Lawyers Published Accountancy

19

Dear Mr Hammond....

Legacies

20

Leaving a legacy to charity.

21

Remember a charity.

22

A Legacy that lives on.

24

A Living Legend.

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

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

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

COVER INFORMATION The cover image: The Hive, Kew Gardens

25

Sustainability and the Value of Carbon Reporting.

Probate

26 27

Genealogical research - The secrets of locating missing heirs.

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

28

A history of innovation in specialisation.

Finance

29

5th 3rd 5th 4th

The British break-off.

Technology

Copy Deadlines Winter 2016 Issue Spring 2017 Issue Summer 2017 Issue Autumn 2017 Issue

Sustainability

December March June September

30

Voice-based technology and its place within small law fims.

31

News Guildford Solicitor, Scott Taylor, named as top private client lawyer in annual awards.

Wines

Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline.

33

Email: Tel:

34

anna@benhampublishing.com 0151 236 4141

Wine of the season.

Book Review “THE WHITE BOOK” CIVIL PROCEDURE 2016.

Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Sue Seakens, before copy deadline.

Email: Tel:

sueseakens@surreylawsociety.org.uk 01344 860830

SurreyLawyer 3

Officers PRESIDENT

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

DANIEL CHURCH

MAREK BEDNARCZYK

SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

TWM Solicitors LLP.

Hart Brown

65 Woodbridge Road, Guildford GU1 4RD

Resolution House, Riverview,

DX 2408 Guildford 1

Walnut Tree Close, Guildford, GU1 4UX

Tel: 01483 752700

DX 2403 Guildford 1

Fax: 01483 752899 Email: daniel.church@twmsolicitors.com

Tel: 01483 887704

JOHN PERRY

Fax: 01483 887758

Palmers Solicitors

Email: msb@hartbrown.co.uk

89-91 Clarence Street Kingston upon Thames, KT1 1QY

VICE PRESIDENT

DX 31524 Kingston upon Thames

WIN CUMMINS

Tel: 020 8549 7444

MARK GOUGH

18 Station Approach, Virginia Water GU25 4DW

Solicitor

DX 94652 Virginia Water

Email: john.perry@palmerssolicitors.co.uk

Surrey KT23 4HF

MARALYN HUTCHISON

CHIEF EXECUTIVE

Tel: 01372 230786

Kagan Moss & Co

& MAGAZINE EDITOR

22 The Causeway

Sue Seakens

Fax: 020 8547 2117

22 Woodlands Road, Little Bookham,

Email: mark@markgoughlaw.com

Surrey Law Society

Teddington TW11 0HF

18 Station Approach, Virginia Water GU25 4DW

Tel: 020 8977 6633

DEPUTY VICE PRESIDENT JAMES SCOZZI 1 Fetter Lane

Web: www.surreylawsociety.org.uk

Fax: 020 8977 0183

DX 94652 Virginia Water

Email: maralyn.hutchinson@kaganmoss.co.uk

Tel: 01344 860830 Fax: 01344 428511

London EC4A 1BR

Email: sueseakens@surreylawsociety.org.uk

GLORIA MCDERMOTT

DX: 14 London Chancery Lane

18 Station Approach, Virginia Water GU25 4DW

Tel: 020 3440 5506

DX 94652 Virginia Water

Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk

Email: gloria.mcdermott@virginmedia.com

SUB COMMITTEES QUO VADIS (Strategic Planning) Daniel Church

JULIE ROWE

Nick Ball

HON SECRETARY

Russell-Cooke Solicitors

Marek Bednarczyk

KIERAN BOWE

Bishops Palace House, Kingston Bridge,

Mark Gough (Chair)

Russell-Cooke Solicitors

Kingston upon Thames, Surrey, KT1 1QN

Bishops Palace House, Kingston Bridge,

DX 31546 Kingston upon Thames

CONVEYANCING & LAND LAW

Kingston upon Thames, Surrey, KT1 1QN

Tel: 020 8541 2023

Win Cummins (Chair)

DX 31546 Kingston upon Thames

Email: Julie.Rowe@russell-cooke.co.uk

Tel: 020 8541 2041

Gary Score* Maralyn Hutchinson* Matthew Truelove*

VICTORIA CLARKE

Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk

HON TREASURER

Ken Seakens*

Watson Thomas Solicitors Bryslan House

FINANCIAL

Upper Street

Nick Ball (Chair) Kieran Bowe

Fleet GU51 3PE

NICK BALL

Mark Gough

Tel: 01252 622422

Howell Jones Solicitors

Ken Seakens*

Email: vclarke@watson-thomas.co.uk

75 Surbiton Road, Kingston upon Thames,

SOCIAL

Surrey, KT1 2AF

IAN WILKINSON

Mark Gough (Chair)

DX: 57715 Surbiton

The Castle Partnership

Daniel Church

Tel (Office): 020 8549 5186

2 Wey Court, Mary Road, Guildford,

Tel (Fax): 020 8549 3383

Surrey GU1 4QU

Email: nick.ball@howell-jones.com

Tel: 01483 300905

Ken Seakens*

Email: ian@castlepartnership.co.uk

*Non-Committee Member.

Gloria McDermott John Perry* Julie Rowe

membership details Annual Subscriptions:

£95 per person, per year.

Corporate Subscriptions:

(20+ fee earners) £1,800 per year

Solicitor

(not in private practice) £60

Solicitor

(not practising) £35

Honorary Membership:

free

Associate Membership:

free - no voting rights

4 SurreyLawyer

To apply for membership please contact: Sue Seakens, Chief Executive Surrey Law Society, 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Email: sueseakens@surreylawsociety.org.uk Tel: 01344 860830

Editorial

President’s Jottings August 2016 The beginning of the end…

Given the way that we produce The Surrey Lawyer magazine, this will be my final President’s jottings. I will leave my post on 24th November at the Surrey Law Society AGM meeting, which will be before the next glossy edition is due to go to print.

I

n that edition you will hear from current vice-President, Mark Gough, on his plans for his year ahead. SLS will be in excellent hands with Mark at the helm, and given his sterling work with the Surrey Law Centre I am sure that Legal Aid, access to justice and the rule of law might be high on his list of priorities.

In my last jottings I mentioned the Guildford Legal Walk, which took place on 6thJune. The 10k walk through the Surrey countryside was attended by lawyers and judges from across the region, and raised over £11,500 for the Surrey Law Centre.

On 14th July I attended a drinks reception at Chancery Lane to hear Robert Bourns speak about his plans for the year ahead as newly elected President of the Law Society. Robert spoke passionately about his ‘Pride in the Profession’ campaign, which will look to promote positive stories of Solicitors showing examples of best practice. Robert is also a strong advocate of equality and diversity, and ensuring that access to the profession is available for all, which is something that I share a common enthusiasm for.

Although the end of my Presidential year is in sight, my job is by no means complete. Alongside the newly formed SLS ‘Access to Justice’ Committee, Graham Guerin, Win Cummins and I are working with Bhavni Fowler at the Law Society to try to gather information about Legal Aid in Surrey. I recently wrote to all Legal Aid practitioners in our region to ask for an insight into their experiences with local Legal Aid. The response has been good, and work is ongoing to try to ascertain how we can help to fill any gaps in this important area.

On 22nd September I will chair the Private Client Conference at GLive in Guildford. This year I will be introducing Caroline Bielanska, Thomas Dumont, John Thurston, Cate Searle, Leon Sartin, and Tom Entwhistle in what will be a fantastic day of CPD. On 3rd October I will be attending the opening of the legal year. It was a huge honour to be asked to attend this event which commemorates the principles of defending access to justice and the rule of law. Time to dust off my best frock!

One of the final events of my year will be the Annual Gala Dinner and Golf Day on 13th October, which will be held at Walton Heath Golf Club. This will be a fun and relaxed evening of drinks, food and a great chance to meet as many of you as possible. If you would like to book your place, or if your firm would like to take a table, please see the Surrey Law Society website.

In April of this year SLS asked for your help in responding to the SRA consultation on proposed changes to the Solicitors Accounts Rules. The response from our membership was excellent, and many of you responded directly to let the SRA know that the profession have huge concerns. It seems that this was a mere pre-cursor for a much more important consultation debating a change to the Code of Conduct, which is now open, and closes on 21st September. You

will have hopefully already seen e-mails from SLS warning you about the radical proposals. Please find further information on the SLS website and also on the Law Society website. On 16th August I attended a roundtable meeting at Chancery Lane to discuss the consultation. The message from the meeting was clear – as a profession we must respond to the consultation. Each individual solicitor, firm and local law society should send in their own response, so that the SRA sit up and take notice. At this stage all I can ask is that when you see any e-mails from SLS on this subject, please take the time to read them and respond.

Although it is too soon to be making exit speeches, I want to thank my colleagues at TWM for their support during my year as President. In particular I would like to thank my Private Client colleagues Laura Walkley and Ben Stafford for their assistance. I would also like to give a huge thanks to the Surrey Law Society Committee, and our CEO Sue Seakens for her tireless work.

At the outset of my year I wanted to improve communication. I believe that the responses that we have received from you throughout the year to various consultations have proved that we are connecting with you more efficiently. We are much stronger together, and I hope that you continue to engage with us. I also wanted to improve our links with the Young Surrey Lawyers (YSL) group, and I am pleased say that I am in constant dialogue with YSL chair, Madeleine Gooding, and that Victoria Clarke has now stepped up to the SLS committee from YSL. The future of SLS depends on bringing new people onto the committee, and as always, if anyone is keen to be involved, please contact us.

It will soon be time for me to hand over the Presidential Jewel to Mark Gough. It will be a sad day for me personally, but all good things must come to an end. No doubt I will go the way of other famous ex-Presidents and make millions on the after dinner speaking circuit, or perhaps I will become a spokesperson for the United Nations. I will surely have to join some form of ex-Presidents’ counselling group to help me deal with the pressure of losing all of the fame and fortune overnight.

I look forward to seeing as many of you as possible at our upcoming events. Please see the SLS website for further details, and if you have any queries whatsoever about SLS or any of our events, please contact me directly on daniel.church@twmsolicitors.com. ■

DANIEL CHURCH, SLS President

SurreyLawyer 5

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Editorial

CEO Report Autumn Issue September 2016 We have lots of good news from the Committee this quarter. Firstly we welcome our Treasurer Nick Ball’s new son David Rodriguez-Ball who arrived on 5th September, 6:03am Spanish time weighing 7lbs 3oz.

Mother and baby doing fine. Our congratulations go to Nick, Leti and baby David.

N

Next up I am pleased to announce that the succession of the Committee is in very good shape. James Scozzi of Elite Law has agreed to stand as Vice President and Victoria Clarke of Watson Thomas Solicitors will step into the role of Deputy Vice President from our 2016 AGM, which will be held at 6.30pm on Thursday 24th November at TWM Solicitors in Guildford. As always there will be a Members’ Reception after the AGM business is complete and all are welcome.

The airwaves have been fairly silent over the summer break but we are now back into it with the autumn Conferences and final CPD events up to October 31st just as the SRA ushers in the new Continuing Competency Regime. If you are still baffled by the requirements we have a special event on Wednesday 5th October when all will be revealed and delegates will not only leave with a clear understanding of what is expected but will also have a blueprint for meeting the requirements of the SRA’s Competency Statement and a step-by-step Personal Training Plan.

With the surfeit of risks facing the profession it is rewarding to meet with our newly formed Surrey Risk Managers’ Group and share best practice ideas and information. The next meeting is in Guildford on 26th September. Further details from me on 01344 860830 or at sueseakens@surreylawsociety.org.uk As you will note from his Autumn Jottings we are nearing the end of Daniel Church’s presidential year. He will pass on the presidential mantle, or at least the gong, to Mark Gough at the AGM in November.

But before then there is much work, and play, to be done. Enough about work and more about play because we have our Golf Tournament and Annual Gala Charity Dinner at the prestigious Walton Health Golf Club on Thursday 13th October. Full details are on the SLS website at www.surreylawsociety.org.uk We hope to see you there for Golf… for Dinner…or for both. Tickets are on sale now.

would wish you to be. There are a few little changes especially to the Family Law courses which will remain at Denbies but by popular request will be run from 10.00am to 1.00pm to avoid the school run timing. As always we will be seeking feedback to know if this change works for delegates.

I am delighted to confirm that the Client Interview Competition is back this autumn after a short break and now includes all the Surrey Universities including Royal Holloway, who are not only joining us for the first time but have also agreed to host the 2016 event scheduled for Saturday 26th November. I will shortly be calling for ‘judges’ to assist with this excellent event so please consider joining in the fun.

We are simply judging how well the students get on with putting the client at ease, getting across vital information and closing the interview so that the client knows what happens next. It is not about intimate knowledge of the legal issues as they do not know in advance what their scenarios will be, so non-legal friends and colleagues are welcome as judges.

On a similar tack we are pleased to welcome back Secret Shopper at 4.00pm on Thursday 20th October hosted by Russell-Cooke in Kingston. Following a major research project earlier this year, exploring the client experience when seeking legal advice, the final report is now available to us. This is a brilliant opportunity for Surrey firms to hear about the findings and more importantly use them to improve their marketing plans and client interactions. Let me know as soon as possible if you would like to come along as places are limited by space.

■

SUE SEAKENS, CEO Surrey Law Society t: 01344 860830 e: sueseakens@surreylawsociety.org.uk

The 2016-2017 CPD Programme is almost ready to go to print (Yes you will still have to do CPD!) and I am sure you will find plenty to help you be as competent as your clients, and of course the SRA,

CPD & Events to 24th November 2016 14.09.16 22.09.16 26.09.16 27.09.16 05.10.16 13.10.16

CPD: Company & Commercial Update with Keith Lewington, Denbies 2.00 to 5.15 Private Client Conference at GLive, Guildford 9.30 to 5.00 Surrey Risk Managers Group: TWM Guildford 4.00 to 6.00 with refreshments CPD: Pensions on Divorce with David Lockett, Denbies 2.00 to 5.15 CPD: Risk & Continuing Competence, Denbies 2.00 to 5.15 Golf Afternoon & Charity Gala Dinner, Walton Heath Golf Club Golf from 12.30 – Players & Beginners snack lunch provided Charity Gala Dinner from 6.30 to 11.00

20.10.16 Secret Shopper Seminar – The Client Journey, TWM Guildford 4.00 to 6.00 27.10.16 Conveyancing & Land Law Conference at Brooklands Hotel, Weybridge 9.30 to 5.00 24.11.16 2016 AGM & Members’ Reception, TWM Guildford 6.30 to 9.00 with refreshments

SurreyLawyer 7

Local News

“THE CLIENT JOURNEY” How good are UK Law Firms at handling professional enquiries?

Thursday 20th October 4.00pm to 6.00pm hosted by TWM Solicitors, 65 Woodbridge Rd, Guildford GU1 4RD

We are Shopper Anonymous, and this year we conducted the largest ever Mystery Shopping exercise in the UK, focussing on over 80 law firms country-wide including over 400 one to one experiences.

The results were first presented at the Legalex Exhibition earlier this year, and we would like to share the findings with the Surrey Law Society in Guildford on Thursday 20th October.

In some firms, business has been so good that the areas of service and sales skills have had less priority. With changes to the market place, and with the business outlook variable, this might be the perfect time to re-evaluate your competence in these areas.

At the seminar, we will cover the following: - The results of the survey – the good, the bad and the downright shocking.

- What good service looks like and the subtle sales skills that can really make a difference.

- Top Tips for improvement.

- An Action Plan for the Future.

The seminar will be hosted at TWM Solicitors in Guildford on Thursday 20th October from 4.00pm to 6.00pm. There will be a nominal attendance fee of £12pp inc VAT with all profits going to the President’s 2016 charity - Royal Marsden Cancer Research. Drinks and canapés will be provided.



Jim Smith Regional Director - Surrey Shopper Anonymous http://www.shopperanonymous.co.uk/

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Please confirm my place on “THE CLIENT JOURNEY” Thursday 20th October from 4.00pm to 6.00pm at TWM Solicitors, Guildford

Please print clearly Name:……............................................................................................................Firm:……............................................................................

Position in Firm:.................................................................................................Email:…...............................................................................

Tel:.........................................................................................................................DX:.......................................................................................

The fee for this event is £12pp inc VAT and should be paid by Friday 7th October by BACS to: Surrey Law Society, Sort Code: 20-29-90, Acc No: 90539465 Ref: Shopper + your name If you can only pay by cheque please pay £12.00pp to “Surrey Law Society” and send it with this slip to:Elaine Jacobs SLS, DX 94652 Virginia Water or 18 Station Approach, Virginia Water GU25 4DW 8 SurreyLawyer

Local News

If You've Got It, Flaunt It Did becoming Lexcel accredited or gaining any of the Law Society’s accreditations help in marketing your firm?

It’s not likely you’ve seen a flood of new enquiries or noticed many clients seeking you out directly because of these standards. We can blame the Law Society for not raising the public awareness, but in reality the cost to build that level of brand recognition would be huge.

So how can you squeeze some marketing advantage from your existing accreditations? I’m assuming you already have some mention of them on your leaflets, website etc but let’s revisit what you’re actually saying.

Analyse your text using these two easy techniques: • Feature Vs Benefit – having any of the accreditations is a feature of the firm, but you need to be explicit in telling the client why it’s of benefit to them.

• If you are unhappy in any way we have a complaints procedure in place, which means we will investigate any issue reported to us and let you know the outcome.

Where did I come up with this from? The good old Law Society, just adapted slightly. http://www.lawsociety.org.uk/for-thepublic/quality-marks/legal-practice/ If you have CQS….

We have the Conveyancing Quality Scheme Accreditation….

• Which means that we can act for all mainstream mortgage lenders • Which means your mortgage lender won’t need to use a separate firm to act for them • Which means that you’re not having to pay for two firms

• WIIFM (What’s in it for me) Every time you mention an accreditation does it answer this question in a client’s mind!

• Which means the process will be as efficient as possible

You can vary the exact wording afterwards but my favourite phrase to use is “which means that...”

• Which means there’ll be fewer delays and you’ll move home sooner

We have Lexcel Accreditation, the Law Society’s Practice Management Standard, which means that you benefit from:

• Which means your children will get into the school you want next year

• A clear explanation of what we can do to help, the options you have available and how long it will take.

• You will be kept up to date by phone/text/email, which ever you prefer, so you’ll know what’s happening and what the next stages are.

• We’ll let you know as soon as possible if anything is likely to affect the original estimate we provided, which means no nasty surprises.

An exaggeration of course, but the point is valid.

Final thought. I started off using the example of the content in your marketing materials, but where this is really valuable is in your enquiry handling over the phone, face to face and on quotes. It’s a horrible phrase, but ‘sell don’t tell’ is exactly right when it comes to explaining why a client should instruct you.

You can contact Paul Coombes at pc@legalmarketingworks.co.uk ■

• We will let you know if we do not have the expertise to provide help on a particular area of law so that you can select a firm with the experience you need.

SAVE THE DATE! WEDNESDAY 5th OCTOBER 2016

CONTINUING COMPETENCE IS COMING! Are you ready for 1st November 2016?

So are you ready?

SRA regulations on CPD have changed. From 1st November you will no longer have to undertake 16 hours CPD each year. Instead you will have to demonstrate that you have undertaken adequate learning and development to remain competent in all aspects of your work, not just the black letter law.

Who should attend?

• INDIVIDUAL SOLICITORS • MANAGING PARTNERS

To be 100% sure that you are ready Surrey Law Society has organized a special half-day workshop, including practical guidance and a ‘take-away’ toolkit, so that you will know exactly what you have to do and how. By the end of the session you will be able to comply with every process required with total confidence - from identifying training needs and creating a learning & development plan, to completing the SRA’s competency statement.

• PRACTICE/TRAINING MANAGERS • TEAM LEADERS • SUPERVISORS

Event Details Date: Registration: Presentation: Tea Break: Practical Toolkit Session: Location:

Wednesday 5th October 2016 1.30pm 2.00pm - 3.30pm 3.30pm - 3.45pm 3.45pm - 5.00pm Ranmore Suite, Denbies Wine Estate, Dorking RH5 6AA

DELEGATE RATE: £50.00pp plus VAT Places are limited so we recommend that you book as soon as possible and don't forget to add the date to your calendar.

Book your place NOW We hope you will be able to join us and look forward to seeing you at Denbies on Wednesday 5th October.

SurreyLawyer 9

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10 SurreyLawyer

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Business Strategy

“Remember good customer service is rare. When something is rare, it is valuable. When something is valuable it is expensive. Bad customer service is our way of helping our customers save money!”

by Kevin Johnson, Director of Index

Making It Personal!

Success in business is measured in myriad ways but I believe customer satisfaction is always a key indicator and crucial in determining how I feel about the way in which my business is being run.

For me, there is no question that needs are best identified and met locally, not centrally. I want to meet my customers, get to know them and understand their needs. It’s important to remember though that this is iterative and changes over time. I want to stay close to my customers building relationships based on trust and understanding – I could no more imagine operating Index as a faceless ‘hub’ than I could imagine life without my family!

At Index I strive to build a positive environment, creating the right conditions and empowering my staff. I’m constantly looking for new ways of providing responsive services, recognising the needs of our customers including those who need our help the most. Curiously, it’s the secretaries and colleagues of fee earners that love us most because we solve the problems that they inherit from their bosses!

Winning new customers, especially conveyancing solicitors in our case, is a massive challenge but I take great comfort from knowing that our work is appreciated; our customers know that no-one will work harder to deliver or, wherever possible, exceed expectations and add value.

Customer service isn't a script, it’s an experience and I think that there are a number of things that should always be at the forefront of any service provider’s mind: 1. It Starts With Me As the owner of this business it’s my responsibility to plant the seeds of how our customers should be treated. If I start caring more about products and services than the customers that are using them, then my colleagues will start sharing the same perspective.

2. Don't Play The Blame Game Mistakes happen and they'll happen again in the future – it’s life. But rather than figuring out who is at fault, it's so much better to focus on developing a solution and doing everything possible to make sure that the same mistake doesn't get made again. Great customer service is also about not blaming the messenger for bad news; focus on the message, not the medium.

3. We Put Customers In The Driving Seat One size definitely does not fit all. Everything that we do at Index, and all that I have achieved in my customer service oriented career, has been about understanding needs and tailoring the perfect solution. For example, asking customers to set time frames for returning reports requires trust on both sides; managing expectations is crucial, but it can work with excellent communication.

4. Assembling The Right Team For me, employing people is the most challenging aspect of owning a business but get it right and the satisfaction is immense. At Index I've

assembled a great team who share my values and recognise that it's all about taking care of our customers. This can only be done by people that understand what great service looks like.

5. Communicate And Be Honest No matter how capable we are, and how hard we try, there are simply some things that we won't be able to do; we’re not perfect. So we don't make promises that we know we can't keep. Letting customers know that we are human too is not weakness. If we have always done our best then we won't be expected to be perfect as long as we have communicated effectively when it's not been possible to deliver. But when we can deliver, which is most of the time, boy, do we do it in style!

6. Amazing Customer Service Means Always Being Better Than Average As the customer, it’s always preferable to get more than we bargained for rather than receiving less than was promised. Set realistic expectations and deliver on them; if you over-deliver then so much the better. At Index we ask for testimonials and customers are happy to speak on our behalf; when you know that you can ask, it speaks volumes about the service standards that you have set and maintain.

7. Never Take A Customer For Granted The difference between ‘okay’ and exceptional service is how we follow up to ensure complete satisfaction. Another order is no guarantee that our customers are truly happy. It is critical to ensure that we communicate regularly, and ask questions, to establish how we can constantly improve what we do; if we don't, then you can guarantee that the competition will. The worst part: you may not know how much of an impact your poor quality of service is having before it’s too late.

Interestingly, I have always been of the opinion that shared values are by far the greatest driver of brand loyalty. Most customers aren’t particularly loyal to any one business, but they are loyal to what the business stands for. In this context, I genuinely believe that Index customers care more deeply about the things that we stand for and recognise we will do the right things to ensure delivery of the promised service.

Index Property Information is sponsoring the Surrey Law Society Annual Conference in October and if you’d like to hear more about how we operate, and what I stand for in business, it will be a pleasure to meet you. ■ For more information please contact our office on 0843 659 4000 or email me at kevin.johnson@indexpi.co.uk or call me personally on 07985 962919

SurreyLawyer 11

Local News

Press release – AUGUST 2016

MUNDAYS GROWS PARTNERSHIP Cobham-based law firm Mundays has promoted property litigation senior associate Nick Martyn to Partner.

Nick Martyn joined the firm in 2007 and acts for clients in all areas of commercial and residential property litigation. He is recommended for property litigation in The Legal 500 UK guide and recognised as a leading individual in Chambers and Partners UK guide which credits his experience in advising on strategic and contentious property matters, including commercial lease renewal matters (both opposed and unopposed), lease and freehold covenants, rent reviews, exit strategies, insolvency-related property issues, rights of way, mixed-use schemes, dilapidations, statutory obligations, forfeiture and possession actions.

Nick specialises in leasehold enfranchisement matters, including advising on lease extensions and freehold acquisitions (in respect of houses and flats), compulsory acquisition actions and

obligations under the Landlord and Tenant Act 1987 relating to tenants’ right of first refusal.

Recent experience includes: • acting for a major international plc in a commercial lease dispute in the High Court concerning the nature of an assignment of a lease from a previous tenant and the current tenant’s resulting liability in relation to rent, service charges and dilapidations following its purported exercise of a break clause in the lease; • acting on behalf of an owner of a prime central London flat in a private prosecution under the Environmental Protection Act against a chain of London restaurants concerning noise and odour pollution caused by the restaurants; • representing an international freight cargo company in complex proceedings

Newly promoted partner Nick Martyn.

with an airport concerning commercial premises within the airport site; • defending an international logistics company in proceedings concerning a substantial claim for terminal dilapidations.

Commenting on Nick’s promotion, Valerie Toon, Managing Partner at Mundays, said: “Nick understands the importance of building relationships with clients, what they need and how they think. We are delighted to be welcoming Nick to our partnership.” ■

Council Member’s Report Since my council report in June 2016, we had the referendum on BREXIT. I hope all of you have been refreshed after the summer break and back to your desks before we look forward to the Christmas break.

Photo: Sushila Abraham

As for BREXIT please see this link from the Law Society http://www.lawsociety.org.uk/supportservices/brexit-and-the-legal-sector/ There is an update from the SRA which will be out on 13th September 2016 and it is online “Exiting the EU and update for lawyers”. It will be on the Hot Topic page on the SRA website.

The Competition and Markets Authority (CMA) have released an interim report in July 2016. I have only gone through it very quickly and the issue raised is that only 17% of Solicitors provide or publish up front information about their charges and that consumers choose Solicitors through recommendation. Interesting reading.

They will publish their final report in January 2017. The Legal Services Board published their report just before the interim report from CMA and they say legal services should be more competitive.

As I had mentioned before and repeat my requests for all of you to please respond to the consultation papers on Looking to the Future – Handbook and Accounts Rules, both consultations close on 21st September 2016. It is vital all Solicitors and a firm response is required. These are vital consultations and affects all of us. http://www.lawsociety.org.uk/Policy-

12 SurreyLawyer

campaigns/Articles/solicitors-regulationauthoritys-looking-to-the-futureconsultation-law-society-briefing/ As of 1st November 2016 the new Continuing Competence scheme will come in which replaces the old CPD. The SRA are moving to a more flexible, modern approach to learning and development.

This means from November the old hoursbased approach to CPD is being replaced.

Instead, you will need to reflect on the quality of your work to make sure you deliver a proper standard of service. An annual declaration will have to be made to the SRA that you have done your training.

Please note it is important that firms and individuals both have a responsibility to see that they do continue with the training. SLS provide very good training events and please do take advantage of this.

Enterprise Insurance have gone under and I hope we do not have many from Surrey who were insured with them for PII. Renewal of PII is underway so do try and insure with a good “A” rated insurer. No doubt you would have had an email from the SRA about renewing your Practicing Certificates. Their advice is to log on to your MySRA and update your SRA profile now before you proceed with renewal.

The Law Society is now working towards enhancing the Solicitor brand and there will be a campaign coming out soon.

There will be more consultations in the pipeline so please look out and also check the SLS, TLS and SRA websites for links.

There are a number of Committee vacancies on the Law Society and if anyone wishes to get involved on the committees then please use this link http://www.lawsociety.org.uk/aboutus/our-council/boards-andcommittees/committee-membervacancies-2016/ for full details.

As always, if you have any queries and wish to discuss anything or would like to raise anything with the Law Society then please contact John or myself. I can be contacted by email on sabraham@sabrahamsolicitors.co.uk or on 02083900044. ■

by Sushila Abraham TLS Council Member for Surrey

Local News

BREXIT effect on probate and IHT Alyson Coulson, Partner and specialist in trust and estates at law firm Hart Brown, looks at the current IHT and probate situation and whether BREXIT will have any effect.

Photo: Alyson Coulson For we private client lawyers, the appointment of a new Chancellor of the Exchequer always comes with a certain amount of nervousness. How will the new Chancellor deal with the tax that affects us most – Inheritance Tax? Will the ship remain on the same course set by the previous incumbent or will he take the helm and lead us into new uncharted waters?

So, what were we expecting? Back in February, we learned that the government is considering a massive hike in court fees for probate applications.

Provided plans remain unchanged, we are about to enter the new age of the Additional Nil Rate Band (ANRB), as announced by George Osborne in last year’s summer budget.

From April 2017, the ANRB would be available to certain individuals to add to their existing Nil Rate Band (currently £325,000). The ANRB attaches to the family home and will come into effect in stages over the next four years starting at £100,000 from April 2017 and increasing in increments of £25,000 over the three subsequent years.

Therefore, when it reaches its maximum of £175,000 by 2020, married couples or civil partners leaving their family house to direct descendants could pass on up to £1million of their joint estate to those descendants.

Our clients are currently required to pay a flat fee of £155 to process an application for a grant of probate. This flat fee had already risen from £45 in 2014. Individuals who do not use a solicitor to prepare their probate application are currently required to pay Brexit has a flat fee of £215. Once the grant of probate is issued by the probate registry, brought the executors will be able to prove that they have authority to deal with the property, money and other possessions belonging to the deceased when they uncertainty died. Not every estate needs to go through the probate process but the in many government has estimated that each year, 270,000 applications are processed.

areas.

The proposal is that the simple flat fee system will be replaced by a tiered charging structure, corresponding with the value of the deceased’s estate. In a move to generate approximately £250m per year, estates worth less than £50,000 would pay no fee, but if the deceased’s estate is worth any more than that, the charging structure will kick in. This could see estates valued at just £300,000 paying £1,000 just in court fees!

An estate valued at £500,000 would have to budget £4,000 in court fees and if your estate is worth more than £2m, you will be charged a whopping £20,000 for your trouble!

Even if you are not paying inheritance tax, you may still be liable for the new probate fee charge. We will have to see what our new Chancellor decides to do about this.

Inheritance tax has always been something of a political hot potato with many voters feeling that it is an iniquitous tax, charged on those who have worked hard and already paid plenty of tax throughout their lifetimes. Clearly the Brexit decision is going to have an impact, one way or another, on our economy and the way that our taxes are set.

The arrangement is not so generous if you are leaving your assets to those other than direct descendants. Thus a couple leaving assets to nieces and nephews will not benefit from the ANRB. As always, the devil is in the detail and it remains to be seen how gifts to discretionary or non discretionary trusts will be treated.

However, if you are eligible for the transferrable nil rate band, getting it or indeed the ANRB will not be automatic. There will be forms to complete to make a claim for these allowances and information required for those forms which may be difficult for your families to obtain after your death but which you may, with some forethought, be able to provide easily.

Therefore, whether you have a will or not, it would be wise to be aware of any changes that may come and to review your testamentary arrangements and your IHT situation in the light of those changes. In the weeks and months to come, we will see on which course the new Chancellor decides to take us.

Brexit has brought uncertainty in many areas. Many clients ask me what my number one top tip would be to save IHT....and my answer is always the same “Spend it!”. That is then usually qualified by what should it be spent on and my answer remains the same “Very nice wine that you drink and don’t lay down and some very nice holidays!” Given some of the post Brexit scare stories that we are hearing about the higher costs of trading with our European cousins, we best get on swiftly with both of those plans! ■

Downs Solicitors LLP – Staff Honoured for Long Service 1976 will be remembered as one of the longest and hottest summers on record with temperatures peaking at 35.9°C. The Queen opened the NEC in Birmingham, the UK won the Eurovision Song Contest and Liverpool FC continued to dominate on the pitch.

– from left to right: Beverly Joste, Lydia Hazelden and Christine Butler.

1976 will be remembered as one of the longest and hottest summers on record with temperatures peaking at 35.9°C. The Queen opened the NEC in Birmingham, the UK won the Eurovision Song Contest and Liverpool FC continued to dominate on the pitch.

We also saw the first commercial Concorde flight, the unveiling of the first space shuttle and the start-up of the Apple Computer Company.

Downs Solicitors were also marking their own momentous event that year with the arrival of Lydia Hazelden who joined them as a Secretary. Some 40 years on, she is still bashing away at the keyboard.

Lydia is the longest serving member of staff to have worked at Downs. Lydia said “It is a strange feeling to realise that out of all the staff, I have been here the longest; ever! The last 40 years have flown by and I have seen a great many changes. We certainly didn’t use computers. The firm is now more specialised whereas in 1976 everyone did a little bit of everything; from conveyancing, to matrimonial to wills and probate.”

In 1976, the firm employed a mere 25 members of staff and had just one office in Dorking, compared to the 120+ staff who today occupy their offices in Dorking, Cobham and Godalming. Lydia is not the only person who has a long service record at Downs.

Residential Property Secretary, Christine Butler, celebrates 35 years continuous service, having joined in 1981. Commercial Secretary, Beverley Joste joined in 1986 and joins Lydia and Christine in the

celebrations having worked for Downs for 30 years. An impressive combined total of 105 years.

Senior Partner. Chris Millar who has only been at the firm a mere 20 years, presented Lydia, Christine and Beverley with a gift from the partners to mark the occasion, as well celebrating with a meal.

“This is the first time in the firm’s 180 year history that we have been able to mark 40 years’ service,” said Chris. “Lydia, Christine and Beverley have all seen and absorbed huge changes in the way we work, from the use of telex back in 1976 through to the sophisticated computer systems we use today.”

“It is an astonishing record of service, and shows a level of commitment and dedication which is central to the success of our business.”

Other historical milestones When Christine joined Downs in 1981, Britain had once again won Eurovision, the first London Marathon had been run and Prince Charles was about to marry Lady Diana Spencer. 1986 celebrated "Big Bang Day” as the London Stock Exchange was computerised and opened to foreign companies, Sir Alex Ferguson would be appointed Manager at Manchester United and the Queen & Prince Philip were the first British monarchs to visit the People’s Republic of China.

More information about Downs Solicitors LLP can be found at www.downslaw.co.uk. ■

SurreyLawyer 13

Local News

NON-DOM TAXATION CONSULTATION: closer reading brings unpleasant surprises EXPERT COMMENTS Last Friday the Government released its proposals for reforms to the taxation of non-domiciles, as first announced in the Summer Budget 2015.

Author Mark Davies is managing director of Mark Davies and Associates and winner of the 2016 Tax Commentator award at the Taxation awards.

He specialises in tax advice for non-domiciled individuals and comments as follows: “If you look at the details of the proposals there are some surprising changes, which will be unpopular with both long term non-doms and more recent arrivals.”

SEA CHANGE FOR DEEMED DOMICILES “The 2016 Budget had indicated that deemed domiciles (those nondoms who have been resident in the UK for 15 out of the last 20 tax years) would be able to ‘rebase’ their personally held offshore assets to their market value when the changes came in in April 2017. This ‘rebasing election’ means that deemed domiciles will only be subject to UK tax on worldwide gains accruing after this date.

“However, this document states that only those who become deemed domicile in 2017 will be eligible for the rebasing election. It does not seem fair that only people who are deemed domiciled in 2017 will be eligible for the rebasing election, while those who become deemed domicile in the following years lose out.

“In addition, anyone who wants to be eligible will need to have claimed the remittance basis, and paid the remittance basis charge (“RBC”).

There are going to be non-doms who inherited wealth or property and didn’t claim the remittance basis as it wasn’t economical to do so.

These people may need to pay the RBC in 2017 whether they need it or not, just to get the rebasing election.”

TAXATION OF TRUSTS “The Summer Budget announcements indicated that deemed domiciles would only be taxable on the income and gains in trusts when funds were taken out.

“However, it now appears that if you get a benefit anywhere in the world, then for CGT purposes the settlor will be taxed on all the trust gains, whether this is proportionate to the benefit or not. So a small one-off benefit might mean capital gains tax each year thereafter. This was not what the government promised and it is clearly disproportionate. We anticipate that non-dom settlors will react by leaving the country in droves.”

TAXATION OF MIXED FUNDS “Non-doms have been given the opportunity to reorganise their tax affairs in relation to mixed funds (i.e. foreign income and gains), a problem that affects many. The scope is limited: there is one year only to do this, and the measures are only available in the case of bank accounts, not assets.

“For most non-doms, everything will have been invested, so this means that there will have to be a great deal of reorganisation. You have to be able identify the mixed fund which means time consuming and expensive calculations.

“The good news is that any non-dom (excluding boomerang non-doms) can claim, which puts these provisions in stark contrast to the rules around the rebasing election.”

by Mark Davies Mark Davies and Associates

INTERNATIONAL SCHOLARSHIPS FOR YOUNG LAWYERS The HM Hubbard Trust is once again inviting applications from qualified and trainee lawyers, and those with a law degree intending to practise as a solicitor, for substantial funding to support them through their international study.

qualification and the work experience will be vital for my career aspirations and living in Paris has been a wonderful experience. I cannot thank the Trustees enough and the late Henry Malcolm Hubbard for giving me this unique opportunity.” Nicholas Saxena.

The Trust provides Scholarships of up to £27,000 for a year’s Masters level course for lawyers who wish to study the law of Canada, Spain or France.

Commenting on the awards provided by the Trust, Vince Cheshire of TMF Group (the Trust Administrator) said:

The Scholarship was created by the Will of London based solicitor, Henry Malcolm Hubbard, who wanted to encourage trainee solicitors to study aspects of the law of France, Spain and Canada. Henry Malcolm Hubbard had business interests in Canada, Spain and Latin America. It is believed that he worked in Barcelona and was instrumental in bringing electricity to that part of Spain.

Past recipients are full of praise for the Trust: “After several years practising as a solicitor, I decided that I wanted to change direction in my career and was delighted when the Trustees awarded me the Scholarship. I spent nearly a year in Paris, gaining an LLM in French Law and European Union Law, followed by a three month placement in a Paris law firm. The LLM 14 SurreyLawyer

“The funding provides a life changing opportunity for ambitious lawyers. More than ever it is important for lawyers to have an international outlook. Studying abroad for a higher qualification provides a substantial lift in both legal knowledge and cultural understanding, both of which are very important when working across national borders.”

The closing date for applications is 30th November with shortlisted applicants being asked to meet with the Trustees in December.

Further information on the Trust and the application process can be found at the Trust web site: www.hubbardlawscholarship.com. Application forms are also available from the site.

Succession Planning

Is succession a problem?

Succession planning should be regarded as one of the most critical issues for law firms as the future well - being of a firm and its people is likely to depend on it, involving issues over a firm's future leadership, the prevention of loss of talent and client relationships, and the reconciling of the interests of older partners, younger partners, key staff, managing partners and clients.

For sole practitioners the succession problems are even more acute.

Succession planning is however too often not high on some law firms’ agendas, despite some of the pressures on them which are likely to include:

 Pressure coming from below from the ‘young turks’ who want a bigger slice of the cake sooner but see their career paths blocked by older partners.

 Economic pressures to reduce the size of the equity and a trend to lower retirement ages in many firms, with older partners often seen as ‘easy targets’ but in circumstances where they cannot afford to retire, causing tensions

 Firms facing the prospect of the retirement of partners, some of whom may have been the driving forces behind their firms in the past, creating the dilemma of how to replace them (and their capital) to secure the future of their firms Unfortunately in some firms I have noticed that those running the firms have put their heads in the sand and hope the problems relating to succession will just go away. Sometimes this may be because within a firm there is not the experience or the skills to effectively deal with the problems. However, whatever the reason for failure to deal with succession issues, such problems do need to be resolved because they do not go away but tend to fester and become more acute as time passes.

The key word is "planning" because forward planning is vital if effective succession strategies are to be successfully put in place.

What should a succession plan aim to do?

Succession planning should in an ideal world aim to make optimum use of all the productive human resources within a firm with a view to ensuring the current and future well-being of the firm and everyone in the firm, by reconciling conflicting and competing interests and the future well-being of various groups, including:  Partners approaching retirement

- to provide a planned retirement to benefit both partner and the firm - to secure client relationships by planning a phased handover of clients - to harness their skills and experience - to make them feel valued - to agree financial arrangements which fairly match reward to contribution while in the firm - Who to put in their place?

Younger partners - to provide clear career paths and to manage career expectations - to put in place New Partner Programmes designed to bring people through to partnership and which continue throughout partnership - to put in place transparent admission / progression processes - to ease them into client relationships - to build competitive profitability to recruit and retain the best Sole practitioners - what to do with their practice when they want to retire?

- can they persuade another firm to take it over?

- has the practice any value?

- will an acquirer firm be prepared to become the successor practice or will the sole practitioner have to buy run off cover?

- Will they have to keep working if unable to find a successor or if unable to pay for run off cover?

Managing Partners - What to do with the ‘redundant’ managing partner?

- Will a return to fee earning be possible? And if so will a ‘parachute’ be provided to him or her?

- How can we use that person’s accumulated skills and knowledge for the benefit of the firm?

- Should we develop managerial career paths for our people?

Clients - How can we secure the client base of the retiring partner?

- Should we involve clients in our thinking as to who will look after them in the future?

- How can we embed client relationships into the whole firm instead of ‘being owned’ by one partner?

Seeking solutions for older partners may in particular bring into focus the longer term issue of who or what a firm puts in their place, if indeed there is anyone or anything to fill the void? This can be the moment a firm realises it may be at a crossroads.

Preparing for tomorrow If a firm has an ageing partner pool and several partner retirements due in coming years, it is prudent to ask whether the firm will realistically have the people and other resources to continue on its own or whether it should begin to plan an alternative strategy.

Planning for succession often leads to thoughts of merger as firms realise that with no strong young partners coming through, the only sensible option may be to throw in their lot with others.

However, even though succession issues can be a catalyst for merger, firms should still only merge for the right reasons.

Merger is not a strategy in itself – it is merely a means to achieving an end, namely the building of a more competitive law firm. However, if an earlier lack of succession planning now means that a firm will struggle to compete in the future, then that is likely to be a reason why it may need to consider some form of merger with others.

If firms are to avoid the problem caused by lack of good talent waiting in the wings to take over and are to grow, then they will need to help their younger people to develop the necessary skills and knowledge and provide them with long term career paths if they are to both recruit and retain the best talent.

It is also unrealistic to think that nowadays lawyers will throughout their careers do the same work and have the same roles. Instead firms will need to offer their lawyers more flexible career paths. Not every lawyer for example wishes to become a partner and so firms will need to devise ways to ensure that such people can have worthwhile long term careers in a firm. And how much talent is wasted by those firms who cannot or do not wish to find ways of using the skills of women who have had children and wish to return to work on something less than a full time basis?

Longer term, forward planning is the real key to successfully managing the process of succession if a firm is to be able to face the future in good shape and with confidence.

What plans has your firm made for its future? ■

By Peter Scott Peter Scott Consulting

SurreyLawyer 15

Family Law

Interview with Miranda Green Miranda Green discusses her role as head of the family department at law firm Mundays.

1.Who or what influenced you to pursue a career in law?

When I was about 12 I remember having a conversation with one of my teachers about what I wanted to do when I was older: a vet or a solicitor.

Her response was that either would require hard work and determination.

I saw that as a challenge and by my A levels I had decided on law, as I have always had an interest in people and family law is a specialism that really centres around helping and understanding clients through what is often a difficult time in their lives which is very satisfying.

2.As new head of the family team, are you planning on making changes to the way the team works?

I have been with Mundays for 8 years now so I already know that we are in good shape and operating efficiently as a team, which allows us to match clients with a solicitor who has the relevant expertise. I intend to continue to build on our expertise and remain alive and open to new opportunities and ways of working to deliver the services we offer to our clients.

3. What sets Mundays apart from their competitors?

We are fortunate to be located in Cobham, recently listed as number two in the most valuable towns in the country against average house price figures. We regularly deal with wealthy clients who have complex finances which has enabled us to develop our own expertise exponentially and resulted in our ranking as a top tier legal team in Surrey.

We therefore consider ourselves on a par with many City firms rather than a “high street” firm.

9. What is the family team's biggest achievement?

We pride ourselves on providing an excellent service for our clients. In our opinion receiving a client referral after a case has concluded is an achievement. This is in turn reflected in maintaining the team’s recognition as a Top Tier Firm for Family work in The Legal 500 UK and Chambers & Partners UK Guides.

10. In your opinion, how is family law evolving to fit the needs of modern families?

Family law has come a long way to reflect the needs of the modern family. On 13 March 2014 same sex couples were finally allowed to marry (as opposed to entering into a civil partnership which they had been able to do since December 2005). The Marriage (Same Sex Couples) Act 2013 was momentous for same sex We pride couples wanting to formalise their relationships on more ourselves on of an equal footing with those in opposite sex relationships.

providing an excellent service for our clients

4. What are the benefits of choosing a smaller, regional firm to handle family cases?

We have a large team with a broad range of experience offering City expertise at competitive rates. Our clients receive a personal service from their lawyers and if other legal issues arise we can use another team’s expertise as well.

5. Are there any exciting developments in family law on the horizon?

Following Brexit there has been a lot of debate as to how family law will be impacted. There are quite a few EU regulations that affect us, both good and bad and it will be interesting to see how the landscape of family law develops over the next few years.

6. How has your role developed now that you're head of department?

I now have to juggle the management of the team alongside my client work, lead the team from the top and encourage their career progression including their development in their chosen field of family law.

7. What is a typical day like as head of the family team?

There is no typical day! That is why it is an amazingly interesting job.

8. What has been one of the biggest challenges for the team thus far?

The rise of Alternative Dispute Resolution has meant solicitors have needed to adapt the way they work. As a team we have ensured that members have trained as Mediators and Collaborative lawyers to keep

16 SurreyLawyer

abreast with the changing times and build on our skill sets. Couple this with the rise of the email, clients being more IT savvy and demanding a more streamlined and less cumbersome approach and the challenges continue for us all in the profession.

The legislation sent a strong message domestically and internationally that same sex relationships are accepted and respected in this country. There is more progress that can be made in respect of this legislation to truly equalise the position between same sex and opposite sex marriages and it is likely the Act will need some amendment. Furthermore, the complex legal aspects involved in fertility treatment, surrogacy and the use of egg and sperm donors are becoming a more common feature of our work as family lawyers.

The Human Fertilisation and Embryology Act 2008 was a major review of the law in this area and it has been key in recognising same sex couples as legal parents of children conceived through the use of donated sperm or eggs (subject to certain criteria being met). All in all the government has taken huge leaps to provide for the needs of the modern family but more can be done to truly provide equality. Rachel Lemon is spearheading the department’s expertise in this new and evolving area.

11. What would you like to see change in family law?

Whilst the discretionary system is to be applauded it does cause clients a certain degree of uncertainty at the start of the process and this must be very difficult to deal with at such an emotional and stressful time of their lives.

12. What makes a great family lawyer?

Every family lawyer will have different qualities. For me I think it is being a good listener, showing empathy whilst remaining objective and empowering the client to feel able to make a decision. A sense of humour is also important to me. ■ Miranda Green is a Partner and head of the Family Department at law firm Mundays.

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 has 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 being 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.

SurreyLawyer 17

Drainage Laws

New Drainage Guidance for Lawyers Published Drainage Law Barrister highlights important Duty of Care requirements for property and planning lawyers.

New guidance has been released for lawyers on drainage requirements for new build developments. Local Authorities are implementing stricter planning controls in favour of more sustainable drainage due, in part, to the challenges presented by climate change.

Information to support your duty of care

The guidance has been prepared by the barrister and author of “Water and Drainage Law”, John Bates, of Old Square Chambers.

Mr. Bates’ guidance note examines how, with the prioritisation now given to Sustainable Drainage Systems (SuDS), lawyers have to do more to satisfy their duty of care to clients. Lawyers need to advise clients how SuDS might impact their development sites and give rise to long-term management responsibilities.

Until now, this has been difficult to identify in a simple fashion.

GeoSmart has now launched SuDSmart – the new drainage due diligence report for commercial property lawyers.

Mr. Bates advises lawyers that there is a presumption in favour of SuDS for development and that SuDS are the preferred approach to managing surface water runoff, adding: “Lawyers should commission a pre-application SuDS report to ascertain whether SuDS are appropriate or not, because this has important legal repercussions for your client.”

Other key points from the Guidance include:

• Surveyors and architects should note this but lawyers still have duty of care to advise their clients to meet operational compliance.

The first stage in identifying whether SuDS may play a role in a development application is through assessing the site suitability to include sustainable drainage.

Meeting the new Guidance on site suitability, SuDSmart identifies other potential risks and constraints and removes potential roadblocks at the planning stage. The easy to read Lawyers need to report reveals the following key information:

advise clients how SuDS might impact their development sites and give rise to long-term management responsibilities.

• Drainage requirements follow a “hierarchy” of planning approval – and in there is a presumption in favour of SuDS, where appropriate.

• What the infiltration potential for surface drainage is on site.

• Whether there is a groundwater flood risk to the site.

• Whether there is a risk to the underlying aquifer.

• Whether there is the potential to discharge to a surface water body or a sewer.

The simple traffic light system that shows site suitability results, together with aerial photography, mapping and expert analysis of soil geology and features adjacent to the site.

• SuDS can take up a significant area of a site and have project cost and long-term maintenance impacts that clients need to be alert to.

SuDSmart provides a comprehensive and bespoke report which meets the requirements of planning authorities in answering site conditions questions for pre-planning or full planning submissions.

• Lawyers must make reasonable enquiries to determine whether SuDS are an appropriate drainage solution for their client’s site.

By John Bates.

• The appropriateness or otherwise of SuDS may affect the legal advice given in respect of planning conditions, easements, adoption, maintenance as well as advice relating to insurance cover.

For more information, please visit www.geosmartinfo.co.uk/guidancenote email info@geosmartinfo.co.uk or call 01743 276 150.

• Lawyers should consult the relevant Local Authority Policies on Sustainable Drainage and seek independent advice from a specialist data provider at pre- and full planning stages.

At a recent seminar for commercial property lawyers in London, environmental lawyers, SuDS experts and John Bates and the author of the Guidance discussed impacts on a lawyer’s duty of care to their clients on advising SuDS suitability. Mr Bates explored the new guidance that he co-authored and case law that has paved the way for its release. He further advised: • Commercial lawyers need to understand site suitability to answer planning submission obligations.

• Developers in a flood risk area must not make situation worse elsewhere. SuDS mitigate their effects and their inclusion in a scheme is viewed positively by planners.

18 SurreyLawyer

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 qualifying 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

SurreyLawyer 19

Legacies

Leaving a legacy to charity The UK is home to around 150,000 charities and the public donates around £10 billion to charitable causes a year*. Of this, around £2 billion or 20% comes from legacy income.

That’s the equivalent of nearly 20 Comic Reliefs and double the amount Comic Relief has raised during its entire 30-year history. Without legacy funding many charities would struggle to exist.

Overall, the trend for legacy donations is on the rise. This is primarily due to a current increase in death rates which is linked to the UK’s growing elderly population. Another reason is that one third of legacy giving comes from those who are childless and as more couples choose not to have children, so they are more likely to leave a gift to charity in their Wills.

Perhaps surprisingly, legacy donations come from only a small percentage of the population which could indicate there is further potential. A study conducted by Remember a Charity found a significant discrepancy between those who, when asked, said they’d leave a charitable donation in their Will (35%) and those that actually do (7%). It would only take a small increase in the number of people who leave a legacy to make a substantial impact on UK charities.

So is there anything we can do as lawyers? Well, if you are a Will writer the answer is a resounding yes. A 2013 study by the Cabinet Office Behavioural Insights team found that if a Will writer mentioned to a client the possibility of leaving a legacy to charity when deciding their Will the percentage of those that did doubled. If a solicitor asked if there were any charities their client was passionate about the number that left a legacy rose even further. Extrapolating this could mean solicitors have the potential to increase legacy giving not just by millions, but by hundreds of millions.

However, the introduction of the Residential Nil Rate Band for people owning a residence that they leave to direct descendants may have some impact on Remember A Charity is part of the Institute of Fundraising, a registered charity in England and Wales (No. 1079573) and in Scotland (No. SC038971).

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

charitable giving. This legislation, which comes into force from April 2017, means that married couples jointly owning a family home and wanting to leave it to their children can effectively leave up to £1m free of Inheritance Tax when combined with the normal Nil Rate Band.

The reduced rate of Inheritance Tax of 36% for estates leaving 10% or more to charity is great for ‘marketing’ but in reality this is only likely to encourage increased charitable gifts if the testator was planning to leave some of their estate to charity anyway. For example, if someone wanted to leave 5% of their estate to charity and say the rest to nieces and nephews, they might be prepared to increase the charitable gifts to 10% of their estate because with the reduced IHT rate, the amount the family would receive would be the same. In spite of the above, the main financial attraction of charitable giving remains the same; with gifts made to a qualifying charity either during an individual’s lifetime or in their Will being exempt from IHT. There are, of course, incentives for people to leave a legacy to charity beyond the financial ones. According to Legacy Foresight, people are more likely to leave money to charity for philanthropic reasons rather than to avoid the taxman.

One incentive is the free Will writing service that many of the major charities offer. At Moore Blatch we partner with the Encephalitis Society, The Rainbow Centre and Enham Trust by offering to write Wills for free in return for a donation to the charity. As well as generating a one off donation to a charity, this approach also encourages people to think about legacy giving more generally.

Free Will services can, however, be a thorny issue. While on the one hand it can be commended as the charity offers a free Will to individuals, on the other it generally only works well for lawyers if the circumstances are relatively straightforward. It does not, therefore, tend to be suitable for more complex estates and thus it is essential that processes are in place to highlight more complex situations that are unsuitable for the free Wills, or there is scope for fees to be charged for additional advice and more complicated drafting structures.

Historically the major charities were undoubtedly the main beneficiaries of legacy donations, although figures show things may be starting to change.

In 2014 2,257 charities received gifts via a Will with many smaller charities benefiting. Smaller charities now make much greater efforts to secure legacy income as it can make a huge difference, especially for major investments as opposed to money to cover ongoing running costs.

As a firm we testify to this change in approach as we supported the fundraising for the first ever statue of a black woman to be erected in the UK – the statue of Mary Seacole. One of our Partners, Trevor Sterling, has been a key fundraiser and as the charity evolves from recognition of this great lady’s achievement to developing a programme of educational support, its financial needs will also change and it will increasingly seek legacy income in the future.

The practicalities of supporting smaller charities need consideration as while clients can specify how they’d like their money to be used, it’s important to bear in mind that if what’s specified isn’t possible, the donation may fail or create a problematic and uneconomical charitable trust. It’s therefore advisable that clients take specific advice from a suitably qualified practitioner. Often it is better for them to write a letter expressing their wishes. As a letter isn’t legally binding it gives the charity a degree of flexibility ensuring the money is put to good use.

If leaving a gift to a smaller charity, it’s also worth planning for what should happen if the charity no longer exists. In this instance, the appointed executors could be asked to choose an alternative charitable beneficiary with similar objectives. Leaving a charitable legacy may not have the same excitement as the Ice Bucket Challenge or the London Marathon but as a source of funding for the charitable sector it is vital. ■

By Carla Brown, Partner and Head of Wills, Tax and Trusts at Moore Blatch solicitors *Source: Charities Aid Foundation

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Legacies

REMEMBER

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

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

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

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

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

Simply mention ‘including a charity’ to your clients.

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

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

Making provision for everything that’s important.

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

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

SurreyLawyer 21

Legacies

A Legacy that lives on Plants are the foundation of all life on earth, providing medicines, foods, fuels, building materials and even the air we breathe.

However, given the threats associated with climate change, land-use change, invasive plants and diseases, best estimates state that 21% of the world’s plants are currently threatened with extinction.

of why plants matter to everyone. We also actively engage thousands of school children each year in interactive, educational and fun sessions to inspire a lifelong love of plants and the natural world.

The Royal Botanic Gardens, Kew, having been at the forefront of plant science for two and a half centuries, is leading the search for plant-based solutions to the greatest challenges facing our planet. With partners across 80 countries, Kew’s Millennium Seed Bank Partnership (MSBP) provides insurance against the risk of extinction of thousands of endangered and rare plants. Numerous experts at Kew also work on global plant conservation projects, continually involving local communities across the globe and sharing expertise. Kew’s scientists are also integrating the latest technology for plant identification and study, revealing their hidden powers and benefits to humankind.

If your clients love Kew Gardens or share our passion for the Millennium Seed Bank, inspirational horticulture, cutting-edge science, botanical art, heritage landscapes or global plant conservation, Kew Foundation (RCN 803428) is the perfect home for their legacy. We would be grateful if they would consider sharing their wishes with us so we can acknowledge their kindness, include them in our legacy events and keep them up to date with our activities.

Our world-heritage listed Kew Gardens in Surrey and stunning botanic garden at Wakehurst in West Sussex bring joy to more than a million visitors each year. We use the power of our science and the rich diversity of our gardens and collections to unlock knowledge and understanding

We are also keen to work with local solicitors in Surrey and Sussex, build relationships with new clients and raise money to support the Royal Botanic Gardens, Kew. Please get in touch if you or your company would like to get involved.

Email legacies@kew.org or call 020 8332 3249. ■

Pass on your love for life Plants and fungi are the foundation of all life on Earth. You can help the Royal Botanic Gardens, Kew better understand how plants and fungi contribute to solving some of the most critical challenges facing humanity today, such as biodiversity loss, climate change and food security.

Pass on your love for life by leaving a gift to Kew in your Will.

22 SurreyLawyer

Contact our Legacies Team at

020 8332 3249 legacies@kew.org kew.org/legacy The Foundation and Friends of the Royal Botanic Gardens, Kew is a registered charity No. 803428.

Registered in England and Wales

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

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

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

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

RETURN FORM O TO:

N Name: Mrr//Mrs/Miss

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

A ess Addr

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

Postcode E Email

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

0014_14_DS

Legacies

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

Dogs Trust never puts down a healthy dog.

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

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

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

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

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

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

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

A third of our income relies on gifts in Wills.

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

For more information call:

020 7837 0006 or email:

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

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

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

www.dogstrust.org.uk

24 SurreyLawyer

Reg. Charity Nos: 227523 & SC037843

Sustainability

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SurreyLawyer 25

Probate

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

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

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

unless genealogical research has been undertaken beforehand. For larger estates, a recognised genealogy report is often the only viable option for legal professionals to take.

To safeguard you and your clients against the consequences of a missing beneficiary coming forward, many firms carry out a beneficiary search through a specialist genealogist, like Title Research. They However, when the deceased’s post was redirected to her This may sound provide a comprehensive report which identifies any potential solicitor, a card was received from ‘Cousin Joyce’ who had not unusual but been mentioned by any other family members. As a result, the Title Research heirs (and locates them if necessary) or at least provides reassurances that there is little chance of further beneficiaries solicitor appointed Title Research to research the family tree in reports that existing. greater detail. They identified seven maternal family members 40% of family who all stood to inherit from the estate under intestacy rules, trees that they “In the authors’ view, whilst there is no authority which provides assistance on this point, it is possible that a beneficiary might fundamentally changing the distribution of the estate. check contain successfully argue that the personal representative has acted in This may sound unusual but Title Research reports that 40% errors. breach of duty by appointing an heir locator on such a basis, of family trees that they check contain errors. Had the estate and should be personally accountable for the share that the beneficiary been administered without further investigation, the beneficiaries (and has paid to the heir locator.” their legal representatives) could have been left exposed if entitled beneficiaries emerged after the estate had been distributed.

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

Specialist insurance cover to mitigate the risk of a missing beneficiary coming forward is also an option. However, very few insurers offer cover

26 SurreyLawyer

Tom Curran, Chief Executive at Title Research said: “Failure to carry out thorough genealogical research could result in a missing or unknown heir coming forward after an estate has been distributed. We locate thousands of missing beneficiaries each year which highlights how easy it is for legal professionals to fall foul of assuming that all heirs are accounted for. Our consultant genealogists trace people across the world and have a success rate of over 90%, so we are confident that we can help our clients with even the trickiest of estates.”

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

Probate

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

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

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

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

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

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

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

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

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

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

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

SurreyLawyer 27

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. ■ 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 28 SurreyLawyer

Finance

The British break-off.

What an incredible few months it has been!

A surprising EU Referendum result, a new Prime Minister; the opposition in turmoil; resignations; political back stabbing; market volatility, I cannot imagine encountering a more turbulent period in my lifetime.

Brexit impact on the UK Speculation about the UK’s future with the EU is rife and the consequence is likely to be a prolonged period of uncertainty, although markets have adjusted quickly, reappraising the impact of the leave decision on economic growth, inflation and monetary policy.

The Brexit vote is significant not just for the UK, but for the wider EU and the implications this has on the world economy. There is a risk that Brexit starts a domino effect in other countries as EU intolerance gains further ground.

In terms of the immediate macro-economic outlook, we are sticking with our view that growth forecast for 2016 will be cut by 0.5% and UK growth in 2017 will all but remain positive and we should therefore avoid a technical recession. Weaker investment is the principal source of the slowdown as businesses and consumers wait for clarity on the UK’s new trading arrangements, security of jobs and for the general political aftermath to settle before committing themselves any further.

We now expect the Bank of England to cut interest rates later in the summer as the economy weakens. The European Central Bank may cut rates once again, further into negative territory and instigate further quantitative easing purchases.

The FTSE100 has emerged from the uncertainty in a relatively positive fashion given that almost 80% of revenues for FTSE100 companies are attained from abroad, consequently these revenues are boosted on the devaluation of Sterling.

It is the FTSE250 or mid-cap companies that provide a better representation of the UK economy and trading outlook. Both small and mid-cap companies de-rated in the months prior to the referendum vote in spite of consensus earnings upgrades. We therefore still believe that many mid-cap companies which are domestically focused or have earnings from abroad are underrated and represent a bright opportunity ahead.

M & A activity is likely to increase moving forward and we believe there is still relative strength in the UK economy with some real wage growth being a bullish sign for consumer spending.

Household consumption makes up 62% of GDP and is likely to be the key determinate as to how the UK economy performs. There may be an increase in precautionary savings but insufficient to cause a fall in demand.

Overall our suspicion remains that the challenges posed by an exit from the EU are digestible, if unhelpful for the UK economy.

In the meantime we wait for the start of the upcoming exit negotiations. The long term impact on the UK economy will be determined by how much access to the single market the UK manages to retain, how migration flows are impacted by government policy and how much the UK government manages to save in its subscription costs.

Global Economy We still believe that prospects for global growth and inflation are being underestimated by the world’s capital markets.

It is the US economy that we look to for clues on what lies ahead for the wider world. US payroll data, i.e. jobs, were strong in June with overall manufacturing, consumer spending and business confidence trending positively at present.

Iain Halket, chair of HFS Milbourne investment committee gives a snapshot of the UK economy post BREXIT

Following the economic meltdown of 2008/2009, the US acted swiftly, wrote down bad loans and implemented robust bailouts.

This caused some controversy at the time but it has allowed its market to rebuild on solid foundations. Unfortunately Europe was less decisive, leaving a tangled web of liabilities that has remained unchanged. This crippling burden of bad debts has prevented European banks from extending credit to the real economy and boosting GDP growth. In Italy for example, local lenders are struggling from a rising bad loan burden and too require a bailout. Whilst we still worry about the Greek economy and the level of debt, unemployment across the whole of the Eurozone, German industrial production falling sharply in May, and the list goes on, there will be crisis points that continually hold back the EU from improving its economic outlook. Further political fallout and with so many important European elections scheduled over the coming months, leaves us nervous about investing fully in Europe.. ■

SurreyLawyer 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 it’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 they’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 that’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 we’ll even keep you up-todate on the latest version free of charge.

With 21 years’ 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.

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

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30 SurreyLawyer

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News

Guildford solicitor, Scott Taylor, named as top private client lawyer in annual awards Surrey law firm Barlow Robbins is delighted to announce that senior associate Scott Taylor has been named as a leading private client practitioner in the annual ePrivate Client Top 35 under 35.

Scott commented: “The calibre of nominations reflects the talent on offer within the private client advisory sector and I am delighted to have been recognised as a leading individual in the contentious trusts and probate field.. This is also a reflection of the specialist advice and expertise Barlow Robbins is able to offer to its clients. .”

Scott is recognised for his continued excellence within the Barlow Robbins’ private wealth and dispute resolution teams. He specialises in inheritance disputes, advising clients on litigation surrounding Wills, Trusts & Estates. He has particular expertise in cases involving allegations of lack of testamentary capacity, undue influence, want of knowledge and approval, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Scott also advises charities on protecting their much valued legacy income.

“As a recent addition to Barlow Robbins, Scott has quickly become a key member of our specialist contentious trusts and probate team and we are all thrilled that his exceptional talent and hard work has been recognised.”

The ePrivate Client top 35 under 35 is the definitive guide to the rising stars and future leaders of the private client world.

A champagne reception will be held for the winners in London on 26 September.

David Foster, partner, added:

SurreyLawyer 31

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33 SurreyLawyer

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 SurreyLawyer

“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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