Shropshire Lawyer April 2023

LAWYER

THE OFFICIAL JOURNAL OF THE SHROPSHIRE LAW SOCIETY

WHAT NEXT FOR THE CONVEYANCING MARKET?

RAMADAN ADVICE THE INFLATION TRAP FOR DIVORCEES

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MEDIA No. 1995

PUBLISHED

Spring 2023 © The Shropshire Law Society Benham Publishing Ltd.

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Poppy’s second chance at love

Poppy’s owner first contacted her local rehoming centre and said she needed to hand Poppy, a four year old Chihuahua cross, over to us as she had sadly recently been given a diagnosis that she had a terminal illness. She was advised to apply for a free Canine Care Card and nominate a Dog Guardian; someone she trusts to sign over the care of Poppy to Dogs Trust should she need it. She’d then be able to spend the most time possible with Poppy and feel reassured that she’d be given the best possible care at Dogs Trust when they could no longer be together.

When Poppy’s Dog Guardian contacted us to advise that her owner was now receiving palliative care and that they needed to activate her Canine Care Card, Poppy was collected by Dogs Trust the very next day. After a vet and behavioural assessment we decided the best place for Poppy would be a loving foster home. We were able to advise the foster carers of all the information we’d been given by Poppy’s owner regarding her life, diet and routine to enable us to make this transitional period as stress-free as possible for Poppy.

Within almost no time, we were able to find very affectionate Poppy a lovely new home for her second chance at love.

Poppy’s story is one of many we come across at Dogs Trust.

Many owners are growing increasingly worried about gradually losing their independence or their health deteriorating. Dogs Trust want to offer owners peace of mind that we will be there at this difficult time to care for and rehome their four legged friends should the worst happen.

Therefore we’re pleased to announce that we have extended our Canine Care Card service. Dogs Trust will care for your dog should you move into a care home, become seriously ill or pass away.

For more information on our Canine Care Card service and how to register your dog please type in this link www.dogstrust.org.uk/ccc where you will find our online application form and more information on our free service.

If you have any queries regarding the Canine Care Card please email CCC@dogstrust.org.uk or call 020 7837 0006 and we will be happy to help. ■

President’s Foreword Spring 2023

Iam delighted to introduce the spring 2023 addition of the magazine, I am once again so proud of the work that Shropshire lawyers are doing across the county.

The work being done by Lanyon Bowdler’s Clinical Negligence Department in tackling and championing the rights of people affected by the hospital scandals.

I personally found the advice given by Shazad Banaras of Hatchers particularly enlightening and the article is of such interest and some of the advice he suggests I will certainly be implementing into my firm.

The article from Agri Advisers I also found very enlightening and informative about LPAs in connection with businesses. I am sure that everyone in the business community will find this article extremely useful and I will ensure that I bring this to all of my contacts in the Shropshire business community.

It is great to see that firms are once again welcoming work experience pupils and students back into the workplace. We have to remember we all started somewhere and by providing this experience it really does inspire young people and those thinking of joining the profession and showcases some of the excellent work that Shropshire lawyers are doing.

I thank everyone for your contributions to this magazine and hope that you all do continue to contribute to the magazine, it is lovely to read news that is positive from all across the county. With my thanks, Danny. 

Danny Smith President

Danny Smith

Your Committee

Danny Smith

PRESIDENT

PCB Solicitors, Cypress Centre, Shrewsbury Business Park, Shrewsbury danny.smith@pcblaw.co.uk

Lucy Speed VICE PRESIDENT

Lanyon Bowdler Solicitors, Chapter House North, Abbey Lawn, Abbey Foregate, Shrewsbury, SY2 5DE lucy.speed@lblaw.co.uk

Victoria Pugh

TREASURER

Hatchers Solicitors, Welsh Bridge1, Frankwell, Shrewsbury, SY3 8JY, v.pugh@hatchers.co.uk

Robert Adams

Wace Morgan Solicitors, 21 St Mary’s Street, Shrewsbury, SY1 1ED robert.adams@wmlaw.co.uk

David Raymont

MFG Solicitors

Padmore House, Hall Park Way, Telford david.raymont@mfgsolicitors.com

Jenny Bromwich

Shropshire Family Law, 47 Whitehall Street, Shrewsbury, SY2 5AD j.bromwich@shropshirefamilylaw.com

Mark Turner

Aaron and Partners, Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ Mark.Turner@aaronandpartners.com

Samantha Roberts

FBC Manby Bowdler, Juneau House, Sitka Drive, Shrewsbury Business Park, Shrewsbury, SY2 6LG samantha.roberts@fbcmb.co.uk

Samantha Millea

PCB Solicitors, Trevithick House, Stafford Park 4, Telford, TF3 3BA samantha.millea@pcblaw.co.uk

Charlotte Nutting

Roy Thornes Solicitors, Crossway, 156 Great Charles Street, Queensway, Birmingham, B3 3HN

CharlotteNutting@roythornes.co.uk

Gemma Williams

Lanyon Bowdler Solicitors, The Business Quarter, Eco Park Road, Ludlow, SY8 1FD Gemma.Williams2@lblaw.co.uk

Christine Rimmer

Hatchers Solicitors, Welsh Bridge1, Frankwell, Shrewsbury, SY3 8JY C.Rimmer@hatchers.co.uk

Hannah Harrison

NFU Mutual, Mutual House, Shrewsbury Business Park, Sitka Drive, Shrewsbury Hannah.Harrison@nfu.org.uk

Zoe Smith

ORJ Solicitors, Blount House, Hall Park Way Telford TF3 4NQ zoe.smith@orj.co.uk

Katie Hughes-Beddows

Aaron and Partners, Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ

Katie.Hughes-Beddows@aaronandpartners.com

Hannah Fynn

Aaron and Partners, Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ

Hannah.Fynn@aaronandpartners.com

Nicola Davies

Agri Advisor, Glynton House, Henfaes Lane, Trallwng, Powys, SY21 7BE Nicola@agriadvisor.co.uk

Gemma Hughes

Lanyon Bowdler Solicitors, Chapter House North, Abbey Lawn, Abbey Foregate, Shrewsbury, SY2 5DE gemma.hughes@lblaw.co.uk

Meet your Committee Danny Smith

What did you want to be when you were younger?

My aspirations when I was younger were to do anything that made money, watching my Mum and Dad do 8 cleaning jobs between them I saw the benefits of hard work, something which has never left me and I continue in the same vain today.

Career highlight so far?

Appearing before the Court of Appeal on a case that decided Magistrates Court procedure and set precedent for how cases are sent to the Crown Court. On a more personal note, receiving an Honorary Doctorate from my university in recognition of my work in both my legal career and for my charitable interests in raising aspirations.

Favourite quote?

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” – Martin Luther King Jr.

Favourite movie?

A Few Good Men.

Dream dinner guest?

Her late Majesty the Queen and William Clegg QC.

What do you enjoy most about your job?

The most enjoyable part of my job is the variety of people that I meet and scenarios in which people find themselves in. The spectrum of criminal and family law spreads from the very young, the youngest client being 10 years of age to the very elderly all with unique circumstances and levels of understanding and being able to explain complex legal issues and explaining them in a manner that they will understand and then representing their interests in a court room is a great privilege and is something that I enjoy every day.

How did you end up where you are?

My sister Jodie was the first person to go to university in our family but she took a year out and started university in the same year as me. She started a Law Degree and I started a Degree in Computer Science. I soon realised that there was no debate to be made with an algorithm and transferred over to Law. I then went to collect my sister from her law lecture and become so intrigued by the lecture on the English legal system and contract law that I was invited to join. I then completed my legal practise course and I then persuaded a local firm in Walsall, Clive Shepherd and Co and I then managed to secure a position as a newly qualified Solicitor at PCB Solicitors where I have not looked back since.

What do you do when you are not working?

I love baking and exploring new restaurants and eating great food. I like spending time with my children and family. 

Danny Smith is an Equity Partner at PCB Solicitors, Head of Criminal Law and also does Family Advocacy. Danny is a Solicitor Advocate which means he has rights of audience to appear in the Crown Court and Higher Courts. He is also a Duty Solicitor.

Danny Smith

Lanyon Bowdler Work Experience Placement

In person work experience placements are now back at Lanyon Bowdler and applications for 2024 are open. Placements last for one week; dates and office locations will be discussed with candidates who are successful in being offered an interview. The deadline for 2024 applications is 4pm on 15 January 2024.

“If you would like to apply for work experience at Lanyon Bowdler, please send your CV and covering letter to work.

experience@lblaw.co.uk please note: when emailing please ensure your CV is attached as a PDF or Word document and not inserted as a link.

“If you’d like to find out more about what a work experience placement at Lanyon Bowdler is like, you can listen to our podcast: http://bit.ly/3lJVmcW” 

New employment lawyer promises “practical solutions” for clients

Cutting through the jargon and finding practical solutions for employers - that’s the priority for a new legal specialist at a Shropshire law firm.

Employment lawyer Gemma Workman has joined the Shrewsbury office of Lanyon Bowdler Solicitors, and John Merry, head of employment at the firm, welcomed her to the team.

“Gemma is an experienced solicitor, having initially worked in the south east of England and more recently in Shropshire for the past six years, before joining Lanyon Bowdler in January,” he said.

“We continue to see a strong demand for legal advice from businesses on employment issues.

“Gemma advises both employers and employees on all aspects of employment law, including in relation to settlement

agreements, contracts of employment, disciplinary and grievance procedures, redundancies and employment tribunal proceedings.

“She is an excellent solicitor, and a great addition to our highlyregarded team.”

Gemma said she was delighted to join Lanyon Bowdler, and had a clear message for her new clients.

“Employment law can be incredibly detailed and confusing, especially when you are very busy running your business,” she said. “My main aim is to provide efficient and practical solutions for my clients.

“Lanyon Bowdler has a reputation for taking the same approach, so I am really pleased to be working for a firm which shares my ideals.”

For any employment law advice, contact Gemma on 01743 280280 or visit the website at www.lblaw.co.uk 

Gemma Workman

Specialist maternity scandal unit expands team

Aspecialist team set up to manage legal claims relating to failures in maternity care at Shrewsbury and Telford Hospital NHS Trust (SaTH) has added two new lawyers to its ranks.

Lanyon Bowdler Solicitors has welcomed clinical negligence specialists, Amy Bills and Alicia Johns, to its SaTH maternity unit team to deal with a growing number of claims. Beth Heath, head of clinical negligence at Lanyon Bowdler, said the firm was currently dealing with more than 150 active cases against SaTH - with seven of the cases relating to incidents taking place since the initial findings of the Ockenden report were published in 2020.

She said: “Having a specialist team dedicated to these maternity claims means our clients get the benefit of our extensive experience dealing with what are always such sensitive cases.

“Amy Bills and Alicia Johns are both excellent clinical negligence lawyers and we are delighted to welcome them to the team. “Amy actually started her career with Lanyon Bowdler back in

Shropshire Law Society quiz

Iwas delighted to see so many of you at the Shropshire Law Society quiz held at Hadley Park Hall Hotel. We raised nearly £140.00 for the West Mercia Search and Rescue Charity, as well as having a superb evening.

Well done to the team at Lanyon Bowdler who won the quiz and received £50.00 in cash, I look forward to seeing you at future events.

2016, and then spent four years gaining valuable experience as a clinical negligence solicitor at a national law firm before returning to the firm.

“She has particular expertise and experience in neonatal deaths, stillbirths and cancer diagnosis delay cases.

“Alicia is a chartered legal executive and joins us from an established South Wales law firm, where she experienced working in various areas of law before specialising in clinical negligence.”

“Ultimately, the reason people come to us with legal claims is to get answers to what went wrong, and hope that lessons will be learnt so the same mistakes don’t happen again.

“We will continue working hard on behalf of our clients to achieve accountability and justice.”

For advice regarding clinical negligence claims, contact Lanyon Bowdler on 01743 280280 or visit www.lblaw.co.uk

PCB Solicitors' news

PCB Solicitors has invested in their Telford office to create a brand new office which is ideal for the modern working environment. As well as renovating the office, PCB Solicitors has welcomed new staff to their growing team.

In the Conveyancing Department we welcome Beth Morris and her assistant Lisa Wootton to the newly renovated Telford office for all of your conveyancing needs, they take a modern but reassuring approach to conveyancing.

Also, we welcome Gaynor Aston and her assistant Sue Morris to the Telford office, practising in Family Law. Gaynor has a reputation for being sympathetic to her clients but firm with the opposition.

PCB Solicitors welcomes the new staff, please come and visit us at our Telford office where I am always happy to discuss how we could collaborate. 

Amy Bills

Beth Morris & Lisa Wootton

Alicia Johns Beth Heath

THE INS AND OUTS OF A BUSINESS APPRENTICESHIP.

Louise Howard

Emmie Bradley joined the Wills and Probate team at Hatchers in December 2022 to continue her Level 3 Business and Administration apprenticeship.

Below, she describes The Ins and Outs of a Business Apprenticeship

I have been an apprentice since September 2021. This has been a very eye-opening experience and I have learnt so much. It has solidified my ambition to go into the law sector. The qualification I am doing is Business and Administration Level 3; it’s an 18-month long course which I am due to complete around March 2023. I believe an apprenticeship is an amazing thing to do due to the fact you get experience and qualifications at the same time, which is why after completion of this course I would like to do a degree apprenticeship. You gain basic skills and experience that employers will look for that someone who went to college or university may not have gained from short work experience placements. It all depends on you and how you think you work best. Some people find the social aspect and support from an educational environment helpful when they are doing qualifications, on the other hand some people such as myself find a practical workplace environment is where they thrive. If you or your children have ever thought that college isn’t for them/you then an apprenticeship is most definitely a great thing to consider.

I attend Telford College every Wednesday afternoon for a study class, which means I have a teacher on hand to help with anything I am struggling with. Any work that I do during the time I am studying in and out of college counts towards my qualification. This includes my portfolio (thoroughly explaining where I work and all the work tasks I am doing that will count towards my apprenticeship), a grading table that I will use to support me in my end interview saying how I have met all the criteria, keeping my off the job log up to date (20% of my time should be dedicated to training, college work and things relating to my apprenticeship), project plan (another part of the apprenticeship is to do a project that will have a positive impact on the workplace), knowledge revision (it is vital to have up to date knowledge for the knowledge test at the end of the apprenticeship) and much more!

I have an assigned assessor from Telford college who gives me everything I need to be doing and everything I need to know; we meet to review my progress and then have an action plan that I will complete to ensure I keep up to date and not fall behind with my work. I also have my mentor at Hatchers who supports me in the workplace and meets with my assessor from college to make sure everything is correct and that I am progressing as I should be. Hatchers have been very supportive with my apprenticeship and have ensured I have been given training for my off the job log, daily tasks that count towards my portfolio and criteria, and giving me time for my college work to be completed. 

Hatchers

Solicitors News.

Rebecca Carter

Congratulations to Rebecca Carter, who has started her training contract with the firm. Rebecca joined Hatchers in August 2021, initially on a temporary contract to help with administration support, and in due course took up a role as Legal Executive within the Dispute Resolution team.

Rebecca graduated from the University of Liverpool with a degree in Law with Criminology, and studied for her LPC at the University of Law in Chester. Rebecca’s first seat will be

within the Employment Law team, based at the Shrewsbury office.

Welcome to Michelle Simmonds who joins Hatchers as Executive within the Wills and Probate team at the Shrewsbury office. Michelle has practiced law in Shropshire for almost two decades, and is an Affiliate Member of the Chartered Institute of Legal Executives. Her expertise is within Private client work, including wills, estate administration and lasting powers of attorney. 

Emmie Bradley

Michelle Simmonds

Louise Howard

MEET FODENS’ NEW PERSONAL SERVICES EXPERT

Fodens Solicitors are committed to guiding you through life’s legalities with expert advice. As part of this, they are always looking for experienced professionals to join them and are delighted to welcome Louise Howard to the team!

Listed in the Legal 500’s 2023 publication as a ‘Rising Star,’ Louise was described by clients as ‘an outstanding advocate’ during their research. Meanwhile, Chambers and Partners have also ranked Louise as an ‘Associate to Watch,’ with clients describing her as ‘dedicated, knowledgeable and caring.’

Here is Louise with more details on her area of expertise and how she plans to support clients.

“Since leaving a large regional practice to join Fodens in 2022, I have loved getting to know our clients. Specialising in Wills, Lasting Powers of Attorney (LPA), Probate and Estate Administration, I am here to offer clear advice without all the jargon.

Solicitors for the Elderly (SFE)

“As a member of Solicitors for the Elderly (SFE), I want to reassure any clients that I take great pride in offering support to elderly and vulnerable individuals. It is an honour

to be part of this specialist group of lawyers and I take immense care to build trusting relationships with all my clients.

Wills & LPAs

“Wills and LPAs are fundamental documents for planning ahead. If you want to ensure that both you and your loved ones will be looked after, then it is essential that you seek professional legal advice. These are complex legal documents and if done incorrectly, your wishes could be disregarded.

Estate planning

“We also offer advice on available gifting allowances for inheritance tax planning, or if you are responsible for administering a loved one’s estate, then we can make sure everything is handled correctly for HMRC. These steps can maximise the estate and reduce tax bills, while making sure that everything is done by the legal book.

Creating plans for peace of mind

“Every person’s situation is different, so I always take the time needed to understand your position and what you want to achieve. Whether that be tax planning to maximise your estate or ensuring you have someone you trust to make decisions on your behalf, we want to help you put together a plan that gives you peace of mind.” 

From Apprentice to Paralegal/Trainee

Iam currently working in the Private Client team assisting Sophie Price and Louise Howard on various matters including, Wills, Lasting Powers of Attorney, Estate Administration and Deputyship Applications.

I began my journey in Law on my first day at Shrewsbury Sixth Form, studying Law as one of my A levels. After my first day I knew that my heart was set on becoming a Lawyer. When the time came to decide what I wanted to do after I left Sixth Form and friends were applying for university it just didn’t appeal to me.

At this time I was not aware that an apprenticeship in Law was something that would be available to me, I thought that my only option was to take the traditional route of going to university.

However, upon searching for an apprenticeship I came across Fodens. I started my apprenticeship in July 2019 which I completed in July 2021.

Following this, I decided that I still wanted to obtain my Law degree and found The Open University. All of my studying is online and I am currently in my second year.

I have been very lucky to have so much support from Fodens, family and friends as this route to becoming a Lawyer is certainly not an easy one, particularly with trying to juggle work and study, but it is a rewarding challenge.

I have already gained a wealth of experience and knowledge, and I am excited to see what the future holds for my career in Law and with Fodens. 

Amy Clennell

CREU A PHENDERFYNIADAU

ARIANNOL YN GRYM ARHOSOL

O DDOGFEN ATTORNEY

Mae creu dogfen Atwnreiaeth (‘LPA’) ar gyfer Penderfyniadau Ariannol er mwyn delio gyda’ch buddiant neu cyfran mewn busnes yn sicrhau a gwarchod parhad y busnes. Mae’r ddogfen LPA yn dirprwyo rôl perchennog y busnes i unigolion sydd wedi’u hapwyntio (‘Atwrneiod’) , pe bai’r perchennog busnes yn colli’r gallu meddyliol neu’r gallu i gyflawni ei rôl o fewn y busnes am rheswm penodol. Gall y perchennog busnes, o dan pwerau’r ddogfen LPA, rhoi awdurdod i Dwrnai dibynadwy i wneud penderfyniadau dros y busnes a chreu a therfynu cytundebau ar rhan y perchennog gan roi tawelwch meddwl gall y busnes barhau i fasnachu yn y dyfodol heb unrhyw broblem.

Os ydych chi’n Unig Fasnachwr

Mae’n anhebygol y bydd gan y busnes hwn endid cyfreithiol ar wahan. Felly, byddai LPA yn yr achos hwn yn synhwyrol iawn i alluogi parhad eich busnes, rhag ofn i chi fethu â parhau i fasnachu yn y dyfodol.

Os ydych chi’n Bartner mewn Partneriaeth

Mae darpariaethau’r Cytundeb Bartneriaeth, os oes un yn bodoli, yn bwysig iawn yn yr achos hwn. Dylai’r Cytundeb ddynodi os yw hi’n bosib i rywun gymryd rôl Partner drosodd yn y busnes, os yw Partner yn colli’r gallu meddyliol. Os na chaniateir hyn, yna nid LPA byddai’r opsiwn gorau o bosib. Ond ar y llaw arall os nad yw’r Cytundeb Partneriaeth yn dynodi unrhywbeth o ran dirprwyo, yna dylid ystyried p’un ai bod termau’r Cytundeb Partneriaeth yn gyfreithiol o dan y Ddeddf Iechyd Meddwl (Gwahaniaethu) 2013. Os yw termau’r Cytundeb Partneriaeth yn wahaniaethol drwy atal trefniant a fyddai fel arall yn dderbyniol, er enghraifft yn yr achos hwn gan atal unrhyw fath o ddirprwyo o

ganlyniad i broblemau iechyd meddwl, yna gellid dadlau bod y Cytundeb Partneriaeth yn wahaniaethol, a na ddylai’r termau penodol hynny fod yn ddilys, ac o ganlyniad gall yr LPA gael ei ddefnyddio. Os nad oes Cytundeb Partneriaeth yn bodoli, yna byddai’r LPA yn ffordd effeithiol o ddirprwyo eich rôl fel Partner i berson arall.

Os ydych chi’n Gyfarwyddwr Cwmni

Yn yr achos hwn, rhaid ystyried Erthyglau Cyfathrebu’r Cwmni mewn perthynas â dirprwyo. Mae rhai o’r Erthyglau safonol (Erthygl 5(1) er enghraifft), yn caniatáu dirprwyo gan gynnwys trwy LPA. Fodd bynnag, mae Erthygl safonol 18 yn atal person rhag bod yn Gyfarwyddwr yn awtomatig os yw’r person hynny wedi’i ardystio’n feddygol fel un sy’n feddyliol analluog a’n aros yn y fath gyflwr am fwy na 3 mis.

Os yw Erthyglau 5 ac 18 heb eu newid, yna gellid defnyddio’r LPA ar gyfer dirprwyo, ond dim ond tra bod gan y Cyfarwyddwr allu meddyliol. Byddai Erthygl 18 yn edrych ar gael gwared o’r Cyfarwyddwr ar ôl colli gallu meddyliol.

Cyngor Pellach

Am unrhyw gyngor pellach mewn perthynas â’r erthygl hon, neu i drafod Atwrneiaeth Arhosol mewn mwy o fanylder, cysylltwch ag aelod o’r Tîm Cleient Preifat ar 01558 650381 neu advisor@agriadvisor.co.uk. 

Shrimpton Trainee Solicitor

Eve

Eve Shrimpton

CREATING A FINANCIAL DECISIONS LASTING POWER OF ATTORNEY DOCUMENT

Creating a Financial Decisions Lasting Power of Attorney (‘LPA’) document specifically to deal with your interest or share in a business secures and protects the continuity of the business. The LPA document delegates the business owner’s role to appointed individuals (‘Attorneys’), should the said business owner lose capacity or become unable to fulfil their role in the business for a specific reason. The business owner can, under the powers of the LPA document, authorise their trusted Attorney to make business decisions, enter into contracts and terminate agreements on their behalf providing some peace of mind that the business can continue to trade in the future without issues.

If you’re a Sole Trader

It is unlikely that this business will have a separate legal entity. Therefore, a LPA in this case would be very sensible to enable the continuity of your business, should you become unable to continue trading yourself in the future.

If you’re a Partner in a Partnership

The provisions of the Partnership Agreement, if one exists, is very important in this case. The Agreement should state whether it is possible for someone to take over another Partner’s role in the business should a Partner lose capacity. If this is not permissible, then a LPA may not be the best option. If, however, the Partnership Agreement states nothing in relation to delegation, then one should consider whether the terms of the Partnership Agreement are lawful under the Mental Health (Discrimination) Act 2013. If the Partnership Agreement terms are discriminatory by preventing an arrangement which would otherwise be

acceptable, for example in this case by preventing any kind of delegation in the event of mental health difficulties, then one could argue that the Partnership Agreement is discriminatory, and those particular terms should not apply and thereby the LPA could take effect. If no Partnership Agreement exists then the LPA would be an effective way of delegating your role as a Partner to another person.

If you’re a Director of a Company

In this situation, the Company’s Articles of Association need to be considered in relation to delegation. Some of the standard Articles (Article 5(1) for example), do allow delegation which includes via a LPA. However, standard Article 18 automatically prevents a person being a Director if that person is medically certified as being mentally incapable and will remain in such a condition for more than 3 months.

If Articles 5 and 18 are unchanged, then the LPA can be used for delegation, but only whilst the Director has mental capacity. Article 18 would look to remove the Director if they lose mental capacity.

Further Advice

For any further advice in relation to the contents of this article, or to discuss Lasting Powers of Attorney in further details then please contact a member of our Private Client Team on 01558 650381 or advisor@agriadvisor.co.uk. 

Eve Shrimpton Trainee Solicitor

Chloe Turner

Eve Shrimpton

WHAT NEXT FOR THE CONVEYANCING MARKET?

Unanticipated property market impediments and compliance crackdowns are here to stay, predicts David

Platform supporting conveyancers from onboarding through the entire conveyancing process.

owner of X-Press Legal Services Central.

Mermod,

Uncertainty rippling through the property market has already forced some housebuilders to dramatically cut the number of homes they expect to sell. This, combined with government crackdowns on economic crimes, the ongoing NPPF consultation and newly announced changes to leasehold is making conveyancing in 2023 more complex than ever before.

“A fall in house prices was inevitable but the level of announcements and legislation impacting the property, conveyancing and legal industry currently coming out of government is extraordinary,” commented David.

“Remaining compliant is not easy amid such turbulence and it is understandable why some larger law firms have now launched entire compliance departments to manage changes in legislation. As a property partner, we are evolving faster than ever before to give our clients access to the most innovative digital products available, helping them to efficiently manage their caseloads. Our aim is to keep local marketplaces buoyant, and we can only do this by ensuring independent conveyancers are fully supported, compliant and able to reduce delays in transactions wherever possible.”

With locally owned offices throughout England & Wales, X-Press Legal Services is an independent property partner specialising in data and e-conveyancing. Its latest digital product, QMP is a cloud-based Quotation Management

This innovative platform enables professional networks to efficiently manage communications between property partners such as estate agents and mortgage brokers and their clients. Its bespoke technology also enables conveyancing professionals to better manage workflows all within a cyber secure, SRA compliant environment.

“Right now, there is no average day in conveyancing,” added David. “Professionals are under immense pressure to complete transactions without falling foul of the SRA or AML regulations. We have tools available to alleviate some of that, ensuring our clients can continue to deliver the level of service which their reputations have been built on, however turbulent the industry may get.”

X-Press Legal Services hosts regular webinar and CPD events to keep conveyancers fully informed on all the latest industry issues and legislative changes.

On 18 April, legal expert Stephen Desmond will be presenting a seminar on Hot Topics in Residential Freehold Conveyancing at Hellens Manor in Ledbury. On 14 June Stephen Desmond will present Hot Topics in Leasehold Conveyancing and Building Safety at Hencote Vineyard in Shropshire. These CPD events are open to all conveyancers. To book your place please contact David Mermod on 0330 159 5365. or visit www.xpresslegal.co.uk/events

David Mermod Owner X-Press Legal Services Central

RAMADAN ADVICE

Shazad Banaras, commercial solicitor at Hatchers LLP provides insight on Ramadan

We all have a role in creating an inclusive and supportive workplace culture that acknowledges the needs of all employees, including those observing Ramadan.

A 2021 survey of British Muslims on support from employers during Ramadan found that the most supportive adjustment (desired by 69% of recipients) was flexible shift patterns, followed by team members understanding what Ramadan means to them (60%), and annual leave for the final days of Ramadan (58%).

Ramadan, the holiest month on the Islamic calendar, begins this week, Muslims all over the world will once again fast from sunrise to sunset.

Muslims abstain from eating and drinking during daylight hours and dedicate moments of each day to deep reflection and prayers, among other practices. Muslims will usually wake up early to eat a pre-dawn meal, and they break their fast with a meal referred to as iftar.

Tips for colleagues

• Make an effort to learn why your colleagues are fasting and observing Ramadan.

• Ask someone how their fast is going. It is fine to be curious and to show interest or support.

• Be understanding if your colleagues are not their usual, bubbly selves. Fasting can take a huge toll on someone’s energy levels.

• Be aware that a Muslim may not be fasting at all or for certain periods of the month. Ramadan is never meant to cause harm to anyone and therefore there are many exemptions to fasting.

• If your workload allows you to do so, ask your colleagues if there is anything you can do to help them out in any way.

Tips for employers

• If your employees’ workdays allow it, offer them to alter the start and finishing time of their day.

• If your workplace or organisation allows working from home or has a ‘work from where it’s best’ policy, or even if you currently don’t, but have successfully had policies like these in the past, continue to implement these policies during Ramadan.

• Respect annual leave requests during the month of Ramadan.

• Be mindful of timetables when you schedule meetings.

• Send an email to everyone in the organisation a few days before Ramadan starts to let everyone know it is starting, that you have colleagues that will be observing, and that this is a time for all to celebrate the diversity in your organisation.

Please feel free to contact Shazad Banaras should you want to know more on the contact details below. 

SECOND HOMES IN WALES

The Welsh Government recently introduced changes which give local authorities greater power to regulate the use of primary homes as second/ holiday homes or short term holiday lets.

The changes have been introduced due to concerns about the impact a rise in the number of second homes and holiday lets is having on local communities. These include the ability of locals to afford to buy homes, the closure of local services and businesses (other than those supported by seasonal tourism) due to towns and villages being increasingly empty outside of the holiday season, and the protection of the Welsh language as the areas most affected by second homeownership are Welsh-speaking.

A 2020 report found that in Gwynedd, 10.76% of available housing comprised second homes or holiday lets. In Pembrokeshire this figure was 9.15%, and Anglesey, 8.26%.

The Welsh Government has responded by creating separate classes in the Use Classes Order 1987, comprising:

Shazad Banaras

email: s.banaras@hatchers.co.uk

Office : 1 Welsh Bridge

Frankwell

Shrewsbury

Shropshire SY3 8JY.

Tel: 01743 248545

(i) primary homes (Use Class C3), which are occupied as a sole or main residence for more than 183 days a year;

(ii) second homes (Use Class C5), which are used for 183 days a year or less; and

(iii) short-term lets (Use Class C6), which are used for shortterm commercial lettings for up to 31 days for each period of occupation.

Permitted development rights have been updated to allow changes of use between these classes without planning consent; however, local authorities have the power to disapply the permitted changes via an Article 4 direction. It is for each authority to decide whether an Article 4 direction is appropriate and justified; whilst we are not aware that any Article 4 directions have been introduced yet, several authorities are actively considering it, and Gwynedd and Pembrokeshire Councils are expected to do so soon with a view to reducing the number of primary homes being used as second homes or holiday lets in their areas.

For those looking to buy holiday homes in Wales, it will be important to check whether an Article 4 direction has been introduced by the relevant local authority. If it has, it would be sensible for them to seek advice as to their options going forward. 

Compliance advice, timesaving solutions & free resources for SLS members

At Index, we provide the most comprehensive range of property search and workflow solutions for conveyancing transactions in England and Wales.

Our portfolio of technology products gives us national strength and is uniquely supported by our set-up of local offices, which gives us ‘feet on the ground’ in every region. This means we can provide our clients and contacts with so much more than our core offering, and that’s what I’d like to talk about in this issue.

Specialists on your doorstep

Our Index West Midlands team has property information and compliance specialists, who are equally professional and passionate about delivering the best customer service experience for our Shropshire conveyancing clients.

Being able to spend more time with our clients helps build strong mutually understanding relationships to the point that our clients see us as an extension of their own team. To me, this closeness explains our very high client-retention rates.

To our clients we’re advisors. Every day, we’re helping them reduce risk and maximise compliance, while increasing the speed and efficiency of every process and transaction.

Supporting the SLS

Being active supporters of the SLS is important to us and reinforces our credentials as advocates of the sector locally.

In a similar way to how the SLS seeks to support local solicitors by organising training, networking events and social occasions to build and maintain a thriving community, we do too with our clients and contacts. We’re always looking to enhance our core offering and do so by providing additional support, resources and services that add real value.

Kate Bould Managing Director Index PI West Midlands

Would your law firm pass a CQS onsite audit today?

As well as our tie-in with the SLS on a regional basis, and our support for national initiative like last month’s first ever National Conveyancing Week, Index is a formal partner of The Law Society on their Conveyancing Quality Scheme programme, helping the CQS achieve its goals of driving and improving standards.

The scheme’s onsite audits, in full swing since May 2022, are finding minor and major breaches in almost all law firm’s processesmost commonly across: AML, Source of Funds, Source of Wealth, Cyber Security and SDLT.

The good news is we can help...

The Index Complete Compliance Solution

One of the ways we can help is through our Index Complete Compliance Solution, a service all our local law firms in Shropshire could be tapping into.

Recently, the Compliance Officer for Legal Practice (COLP) at a law firm we started working with in November summed up this service as being “a huge weight off our shoulders.” I think your law firm would feel the same way.

If you’d like me to set up a meeting with you and your colleagues responsible for demonstrating your firm’s compliance, to discuss this service, please email me at: katebould@indexpi.co.uk

NEW: My Legal Indemnity Shop

Our agility, ability and desire to keep evolving our offering is evidenced further by the launch of My Legal Indemnity Shop from Index West Midlands. It lets you compare the costs and features of up to 4 quotes from major competing ‘A’ rated insurers, in less than 60 seconds!

Bespoke quotes are also available and there’s full support, via live chat, email, and phone from the specialist underwriters at DUAL Asset, who are our partners.

Timesaving isn’t the only benefit. My Legal Indemnity Shop also ensures your compliance.

By presenting a choice of quotes from different insurers, you’re providing your client with ‘fair value’ which cannot be construed as making a personal recommendation. Furthermore, all quotes come with a Disclosure and Demands and Needs statement.

My Legal Indemnity Shop

Compare

indexwestmidlands.my-legal-indemnity-shop.com

Free Conveyancing Webinars

Our programme of conveyancing webinarsfree to all, whether you’re a client or not - are a great example of added value from Index West Midlands that you could be tapping into.

Follow us on LinkedIn

Our LinkedIn page is another. On it, we share national and regional property sector news, including updates on the latest planning and development in the region, compliance, research, and of course, invitations to register for our free webinars. Here’s the link to follow our page: linkedin.com/company/index-wm

W: IndexPI.co.uk/regions/west-midlands linkedin.com/company/index-wm

Our Services & Technology Solutions

We help law firms reduce risk, maximise compliance and speed up every process and transaction. Our fully compliant, best-in-class services and technology offer solutions for:

• Client Onboarding

• ID Checks

• AML with ‘Safe Harbour’

• Source of Funds Checks

• Searches & Enquiries

• Document Retrieval Service

• Title Indemnity Insurance

• Completion Checks

• Lender Checks

• AP1s

• SDLT

• CQS Compliance

• Cyber Essentials

Until Next Time…

If you’d like to talk to me about any of the areas I’ve covered here, or anything else for that matter - please get in touch, I’d love to hear from you.

e. katebould@indexpi.co.uk

t. 0121 546 0377

Best regards

UNDULY INFLUENCED INTO MAKING A WILL

The latest disputed Will case to have caught the media’s attention is surrounding a claim of undue influence involving the £2.5 million estate of the late Julie Harrison. Julie’s last Will, made in 2017, was being disputed by her daughter, Candice Harrison, on the basis that Julie was unduly influenced into making that Will by her cousin, Jonathan Greenwood.

Jonathan stood to benefit from a cash gift of £400,000 in the 2017 Will, whereas he did not benefit at all in Julie’s previous 2012 Will.

Undue influence is where a person is influenced so profoundly by another, that they can no longer be seen to be acting of their own free will. In the circumstances of a Will dispute the court will need to be satisfied that the influence was so severe that the will maker’s own wishes were overpowered, resulting in a Will which would not have been made, had it not been for the undue influence placed upon them.

Claims of Undue Influence, in the context of a Will dispute are challenging claims to establish, due to the nature of the act usually taking place in secret, and the primary witness, the Will maker, being unable to testify at the point the claim is being made, after their death.

This claim was unusual as Candice had placed cameras in her mother’s home to monitor visitors. These cameras recorded conversations between Jonathan and her mother resulting in evidence that Jonathan had persuaded Julie to leave him £400,000 in a new Will by poisoning Julie’s mind against her

daughter, and making her believe falsely that her daughter would gain control over Julies’ home, force her out and place her in a care home.

Julie had suffered with dementia since 2013. Being vulnerable, Julie was more susceptible to the influence. Candice’s case was that Jonathan “began playing on and exploiting Mrs Harrison’s deteriorating capacity in order to persuade her wrongly that her daughter was treating her unfairly, was only interested in money, was unfairly preventing her from managing her own affairs, and was, for example, contemplating selling her house to put Mrs Harrison in a care home.”

Having considered the evidence, the judge stated that Jonathan had “embarked on a campaign of influence, which amounted to undue influence”.

The 2017 Will was rendered invalid and the 2012 Will declared to be the last valid Will. Jonathan will not benefit under Julie’s estate and as the losing party he was ordered to make payment in the sum of £120,000 towards Candice’s legal costs, as well as being responsible for his own legal costs.

This case demonstrates the importance of contemporaneous evidence in claims based on undue influence which are notoriously difficult to establish. 

THE INFLATION TRAP FOR DIVORCEES

It is now well known that the U.K is in a ‘cost of living’ crisis where prices are generally outpacing wage growth, with Britain facing its highest inflation rate for decades. Prices of everyday necessities are rising, from energy costs to food, and, as a result, household budgets are being significantly stretched. Accordingly, divorcees/parents should be aware of the potential ‘inflation trap’ that they might find themselves in and the unintended consequences for the unwary.

The court has a wide range of powers to make orders in respect of assets, pensions and income in order to resolve financial claims on divorce or dissolution (for civil partners). One such order addressing income claims is a spousal maintenance order, known as ‘periodical payments,’ whereby one party pays a regular amount, ordinarily a monthly payment for a specified term, to meet a shortfall in meeting reasonable outgoings.

Maintenance orders are often based on the projected reasonable income needs of the receiving spouse/civil partner as well as the needs of any minor children. Provision can be made for maintenance payments to be linked to an indexation provision, typically the Retail Price Index or the Consumer Price Index (which doesn’t account for rising house and mortgage interest costs) to ensure maintenance will also increase in line with changes in inflation rates.

However, in circumstances where maintenance payments are not index-linked, the receiving spouse/civil partner can find their income is not enough to meet the rising costs of living. There is an option to seek to vary an order for spousal

maintenance to ensure payments are index linked and avoid a future shortfall. An agreement to vary can be reached either directly between parties or via solicitors, if necessary. There are also Alternative Dispute Resolution methods available such as mediation. If an agreement is reached, an application should be made to the court to vary the order by consent. In the absence of an agreement, the court can be asked to make a decision and impose an order.

Equally, the paying party may find that they are unable to make payments in line with an existing order because of their own rising outgoings or lack of increase in income that may not be in line with inflation. In those circumstances, it is advisable that an agreement to reduce is sought with the receiving party before making unilateral changes to maintenance payments. Again, if an agreement cannot be reached, an application can be made to the court to decide the issue and whether a downward variation is justified.

Parents often have agreements or orders for child maintenance. Again, similar considerations apply. It is recommended that legal advice is sought either before or during any negotiations to vary a maintenance order and before an application is made to the court to assess the merits of such an application. If you would like to discuss a maintenance issue, or matters relating to divorce generally, please contact Katie Hughes-Beddows, Associate Solicitor at Aaron & Partners for further advice and assistance. 

TIM’S TOP TIPS

TIM WILDERSPIN, LOCAL GARDENER, LOCAL HISTORIAN AND INEXHAUSTIBLE FOUNT OF FACTS, ANSWERS READERS’ QUERIES ON GARDENING AND ANYTHING ELSE THAT ARRIVES IN HIS POSTBAG. YOUR SAVINGS MAY BE AT RISK

IF YOU FOLLOW HIS RACING SELECTIONS.

As a lover of all things historic and as a change from gardening tips for this publication I’m relaying a few interesting facts about The Coronation of King Charles III and Monarchs of the 20th Century.

I’m looking forward with excitement and fascination ahead of this historical and mystical Coronation of King Charles III, which for most of us will be a unique and exciting first.

We have been told many times by countless royal documentaries that our new King’s great great grandfather King Edward VII last mistress was the great grandmother of our new Queen Consort Camila. Her name was Mrs Alice Keppel but did you know this little known fact, that this years Coronation Day 6th May 2023 is exactly 113 years to the day that King Edward VII passed into eternity with guess who by his side? Yes it was none other than Mrs Alice Keppel who was there at the behest of Queen Alexandra. So now Alice’s great granddaughter will be at our King’s side as he takes up the heavy burden of monarchy in his 75th year and fulfils his destiny.

King Charles has been the longest heir apparent in history, waiting 70 years and by an added coincidence he took the record from King Edward VII who had to wait a mere 59

years to ascend the throne, coincidence or what! We can only hope that is where the similarities end and King Charles reigns longer than the 9 years of his great great grandfather.

It seems strange that this is the first Coronation in 70 years. In the last century 6 Monarchs have appeared on our coinage, Queen Victoria, Edward VII, George V, Edward VIII (uncrowned), George VI and Queen Elizabeth II with one standout year in 1936 when we had 3 kings in the space of 11 months.

How things have changed in that time.

In 1902 at the very last minute King Edward VII Coronation was postponed as the King went under the knife in Buckingham Palace in what was to be life saving surgery to remove a ruptured appendix. So impatient was he to be crowned after that long 59 year wait it was only the doctor’s harsh words that saved the King. The doctor remarked “the only way you Sir will be entering Westminster Abbey will be in a box unless you let us proceed with this operation” the operation went ahead and a rescheduled Coronation date was announced.

George V’s Coronation seemed to go without much ado but the Delhi Durbar of that same year 1911 was a different affair as their Imperial Majesties had to endure the blistering heat in full robes and heavy crowns while a multitude of Maharajahs paid homage.

By the time of King George’s death in January 1936, incidentally only 6 months after his Silver Jubilee Britain was changing and the new 42 year old Monarch King Edward VIII seemed to embody that change. In every way shape and form King Edward VIII was different from his father, he promised much but delivered very little.

The well documented affair with twice married American divorcee Wallace Simpson brought the crown almost to its knees however the British people only found out the magnitude of the situation shortly before the inevitable abdication, what a different world we live in now. So an uncrowned King departed into exile on 11 December 1936. Enter stage right Albert Duke of York. He would take his father’s name and reign as George VI. Reluctant, hesitant and with a debilitating stammer nearly completely overlooked as a suitable candidate for the throne he nonetheless did his duty and with the help of Queen Elizabeth the Queen Mother provided much needed continuity and with a steady hand settled into 15 years of Kingship. Blighted by World War II he presided over the transition of Empire to Commonwealth, he would be our last King Emperor.

Our late Queen Elizabeth II Coronation took place in the last year of rationing in 1953 adding a much needed splash of colour to what had been a drab few years the country having changed beyond recognition in the last half century. Enjoying an unprecedented 4 Jubilees, her Majesty was truly the embodiment of devotion and duty to the country she served without waver. It is strange to think we know so much about the Queen but the plain fact is she never once gave an interview unlike King Charles who has expressed his thoughts on numerous subject matter throughout his long apprenticeship.

So much has happened in the 70 years 7 months since Elizabeth became Queen and now we pass into a new era with the prospect of a thinned down Monarchy from a modern forward thinking King of our times.

So enjoy the Coronation, sit down and absorb the wonderment of this historic occasion, one which for many of us we may never see again in our lifetime. Raise a glass to King Charles III (his favourite is said to be a martini) as he becomes the latest sovereign to be crowned in Westminster Abbey the first being William the Conqueror in 1066.

God Save the King ■

COLDITZ: Prisoners of the Castle

PROBABLY THE FIRST RECOUNTED HISTORY OF COLDITZ WHERE ALL THE PLAYERS ARE NOW DEAD

This is a good book for anyone interested in history. Ben Macintyre is probably the first writer to cover exploits at Colditz beyond the years of living memory. Ben is “the master storyteller of real-life espionage”. He examines World War Two's most notorious prison at the town of Colditz with its “rich cast of colourful characters who attempted to break free from its walls”. It is a special book about special prisoners gleaned now from written sources.

Colditz is described as “a forbidding Gothic castle on a hilltop in the heart of Nazi Germany”, where “an unlikely band of British officers spent the Second World War plotting daring escapes from their Nazi captors”. That is the original storyline of Colditz which has remained, unchallenged, during living memory for those who suffered. But that story then offered only part of the truth because Ben discloses subject matter that the prisoners (members of the armed forces) at that time would be most unlikely to discuss themselves. The question really is do we need to know about this. The answer is probably yes for the benefit of historians and for critics of the armed forces and war generally.

Yet, it is an “astonishing inside story”, revealed for the first time by Ben, who describes his book “as a tale of the indomitable human spirit, but also one of class conflict, homosexuality, espionage, insanity, and farce”. I have been privileged over my long life to have met some of the people mentioned and would think most would be quite horrified at what he has written. And, also, probably quietly pleased, in some cases. Or at least their relatives may be.

Through what is “an astonishing range of material” studiously researched, Ben compiles a remarkable list of characters, “wider than previously seen and hitherto hidden from history”, as he puts it. He describes “prisoners and captors… living cheek-by-jowl in a thrilling game of cat and mouse”.

The story covers that of the Indian doctor whose hunger strike and eventual escape from another camp “reads like a thriller”. He describes America's oldest paratrooper and “least successful secret agent”, and, rather more poignantly, “the soldier-prisoners of Colditz who were astonishingly imaginative in their escape attempts”.

Many other ways to survive in the castle whilst their fate remained unknown and in the balance are described now as history. Carefully researched and “full of incredible colour”, this is a definitive historical statement on one of the great war stories of 20th century now retold when everyone is dead. Thank you, Ben. If you as the reader ever visit Lower Saxony, do visit the castle and the museum which has been considerably smartened up since the 1940s.

The date of publication of this new hardback edition is cited as 15th September 2022.

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