Hampshire Legal Autumn 2018

LEGAL HAMPSHIRE

The Official Journal of THE HAMPSHIRE LAW SOCIETY

NOVEMBER 2018

Hampshire Law Society

Dishonesty after Ivey, (Page 18) Inside this issue:

■ CPD updates ■ Finance ■ Happenings in Hampshire

HAMPSHIRE LAW SOCIETY

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PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 0151 236 0440 Fax: admin@benhampublishing.com email: www.benhampublishing.com web:

Contents Introduction

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Officers President’s Review

Local News 6-13

ADVERTISING AND FEATURES EDITOR Anna Woodhams

Happenings In Hampshire

Council Report 14-15 Law Society Council report

GRAPHIC DESIGNER John Barry

Training

ACCOUNTS Joanne Casey

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MEDIA NO. 1584

16-17 Hampshire Law Society CPD Events

Articles

PUBLISHED

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November 2018

Mediation

© The Hampshire Incorporated Law Society Benham Publishing

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LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press.

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Network Rail lose appeal in Japanese knotweed case

Food 24

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

COVER INFORMATION Dishonesty after Ivey, article on page 18

SOLICITORS, WE NEED YOU!

Land and Property

DISCLAIMER

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

MediationPacking The Punches

Will Aid

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

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.

Dishonesty after Ivey

Christmas is Coming!

Training 26

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Interaction is key to getting the most out of your CPD

Wills and Probate 28

A love that lasts forever

Finance 31 32

Free your mind... it’s time to think more objectively about structured products Busy Bees?

Continous Improvement work smarter not harder

Notices

Copy Deadlines Winter Spring

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Notices

30th January 2019 18th April 2019

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

Email: bdo@hampshirelawsociety.co.uk Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

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

Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/

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Contacts

HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to-date list of committee members’ names and addresses and the sub committees to which they belong:

President

Law Society Council Members

Miss K Colmer (Kristina)

Razi Shah (North Hampshire)

Email: kricolmer@hotmail.com

Vice President Mr J. Robertson (Joe) Email: jrobertson2006@hotmail.co.uk

Deputy Vice President Mr J. Gleisner (James) Trethowans Botleigh Grange Business Park Hedge End Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: james.gleisner@trethowans.com

Honorary Secretary Mr R. Hursthouse (Rod) 10 Hudson Close, Liphook Hampshire GU30 7UW Tel: 01428 723488 Email: rodhursthouse@btinternet.com

Honorary Treasurer Mr I. Robinson (Ian) Churchers Solicitors 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 0239 288 2001 Fax: 0239 286 2831 Email:irobinson@churchers.co.uk

Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Alison Plenderleith Katharine West Nicola Jennings Joe Robertson Milly Bygrave Moore Blatch (Co-opted)

Nick Gurney-Champion (Residential conveyancing)

Russell Evans (Chair) russell.david@yahoo.co.uk Wendy Hewstone (Co-opted) Steven Wood (Co-opted)

Biscoes Kingston Place Kingston Crescent North End Portsmouth PO2 8AQ Tel: 02392 660261 Email: ngurney-champion@biscoes-law.co.uk

Administrator Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel: 023 8044 7022 Fax: 023 8044 7022 Email: administration@hampshirelawsociety.co.uk

Business Development Officer Alison Plenderleith

Russell Evans

Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email: bdo@hampshirelawsociety.co.uk

Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/

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Joe Robertson jrobertson2006@hotmail.co.uk

Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com

Immediate Past President Resolve UK Summerlands House Botley Road, Curdridge Southampton SO32 2DS Tel: 01489 797073

Complaints

Education & Training

Litigation & Disputes Resolution

Membership

Roderick Hursthouse Alison Plenderleith Deglan Rowe

Non Contentious

Matthew Robbins Simon Whipple Nick Gurney Champion

PR

Joe Robertson (Chair) jrobertson@jaspervincent.com Simon Whipple James Gleisner

Publicity

Mo Aldridge (Chair) maldridge@jaspervincent.com Katharine West Kristina Colmer Alison Plenderleith Nicola Jennings

Regulatory

Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson

Social

Mo Aldridge (Chair) maldridge@jaspervincent.com Kristina Colmer Sarah Hallett Alison Plenderleith

Student University Liasion Russell Evans Russell.david@yahoo.co.uk

Introduction

President’s Review Autumn 2018 Welcome to the Autumn edition of Hampshire Legal

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t has been an exciting summer for me as I gave birth to my baby daughter in September Members have told us that they would like more input into how the society is run and an insight into what the committee gets involved with. Have a look at the article on page 6 which briefly explains what the various committees do with a spotlight on the regulatory committee.

There is always the opportunity to comment on the Law Society consultations, keep an eye on the enews for a list of the current issues and how to contribute

succeed, we are running a workshop aimed at senior partners and/or your marketing teams, this will be held on the 27 November at Moore Blatch and is aimed too only take up a few hours of your time. You should have received an invitation but if not please let us know.

We are hoping to run some initiatives past you and gain enough feedback to shape the Society for the next 3 years.

I hope to see you at the AGM ■

Kristina Colmer Hampshire Law Society President

If you would like to become more involved with the Society on any level please contact Nicola Jennings on administraton@hampshirelawsociety.co.u k and come along to the AGM. We will always welcome new committee members or those with a particular interest In order to find out what you the members need from us to help you

Lady Brenda Hale, President of the Supreme Court – Talk at Southampton University - 1st May 2019

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e are pleased to announce that Lady Brenda Hale, President of the Supreme Court will be coming to enlighten us with her presence and some erudite words in the New Year.

As with Lord Briggs, this Talk will be open to Hampshire Law Society Members via prior registration the details of which will be announced in due course. For now save the date in your diary. It promises to be another wonderful evening with an anticipated drinks reception.

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Happenings in Hampshire

Member survey results

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any thanks to our members who took the time to complete the recent survey

The results were far reaching but the main things to draw from them are: • Some of you are not aware of the benefits of membership. (see below) • Nearly a third of our members regard us as a CPD provider and 14% find us old fashioned • The things we do well are CPD, communication and the magazine • You would like us to reduce the number of emails, make them more targeted and send less often

• Some would like more activity to the north of the county - we are a large county and tend to focus activity around Winchester • You would like to see more member profiles in magazine • Most responders would like more networking with other professionals and an annual conference • You do not use the website as much as we would like – this is going to undergo a redesign over the next 6 months • You are supportive of a recruitment service and also an online advice hub Please make more use of our linkedin page for advice from your peers and to open discussions on topical issues. Search for Hampshire Law Society to find our group.

What the Committee does for you?

Hampshire Law Society is run by a committee of hardworking lawyers from various disciplines and from all parts of the county.

Their details can be found on page x of this publication.

The committee which meets approximately 6 times per year at members’ offices are divided into 9 sub-committees:

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ome of these are more actively involved in the day to day running of the Society including • Education and training - agree the CPD programme, both accredited courses, full day conferences and sponsors’ events • Membership - work on ways of improving the value of membership and growing and maintaining current membership numbers • PR – liaise with local MP’s and release appropriate content to the local press • Publicity – agree content for the quarterly magazine, maintain the website and social media • Regulatory – monitors regulatory and compliance developments and responds to relevant consultations on behalf of members • Social – devise a programme of social events throughout the year including the annual dinner and awards ceremony

including the new Handbook proposals and has made representations to the SRA. The HILS Regulatory sub-committee has responded to the SRA proposals for: 1. Price transparency 2. A new Handbook (part of the Looking to the Future series of consultations) Price Transparency: this has been given the go-ahead by the Legal Services Board. The SRA want prices published by firms by the end of this year. The SRA has now issued guidance with templates showing what is expected and members are advised to start speaking to their website designers now about how this can be implemented.

Linked to this are the SRA proposals to issue a digital badge for websites to show which organisations are SRA regulated. This has not been produced yet.

The committee is supported by one administrator and a business development officer.

There will also be a requirement to have a link from your website to a digital register of solicitors. Again, this is not yet available.

Please make more use of our linkedin page for advice from your peers and to open discussions on topical issues. Search for Hampshire Law Society to find our group.

New SRA Handbook: The SRA has produced one handbook for firms and one for solicitors.

Perhaps controversially, the SRA proposes that solicitors should be able to work freelance and also to work as solicitors in non-SRA regulated organisations. The new Handbooks reflect these proposals. There are changes also to the Accounts Rules including a change to how client money can be held and the opportunity to operate a client account through a third party.

Spotlight on the Regulatory committee Chairman - Adrienne Edgerley Harris Adrienne also sits on the Regulatory Processes Committee of The Law Society, which has been considering the various SRA consultations

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The new versions of the Handbook are available on the SRA website. Both await approval by the Legal Service Board. Subject to this, the SRA is aiming for them both to be phased in from 2019.

Other items: SRA Consultation on reporting concerns: this closed on 27th September 2018. Various tests were proposed for deciding when firms should report regulatory breaches to the SRA. Broadly, this turned on whether a firm should report a suspected breach immediately or wait until after the firm had conducted an investigation in to the suspected breach. Four separate tests for deciding when to report were canvassed: two were based on an objective test and the other two on subjective tests- namely, what the compliance Officer for Legal Practice (COLP) considers reasonable. A key change in the proposal is to replace the concept of “material breach” with “serious misconduct”.

Whilst no response was made on behalf of HILS members, the Law Society will be doing so.

The main committee and sub committees are always very keen to welcome new members who have a general or more specific wish to get involved. If you have the enthusiasm and interest please contact Nicola Jennings on administration@hampshirelawsociety.co.uk and come along to the AGM on the 29 November (see page opposite)

Happenings in Hampshire

Paris Smith LLP runner up for UK ‘Best Charity Law Firm’ at Third Sector Awards 2018

HAMPSHIRE LAW SOCIETY

Paris Smith LLP was recently announced as runner up for the UK ‘Best Charity Law Firm’ award in the 2018 Third Sector Awards, which recognises those who give back to the community, and celebrates organisations and social leaders from across the sector.

AGM and Christmas Dinner

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Date: Thursday 29 November

he award for ‘Best Charity Law Firm’ celebrates legal firms that provide outstanding support to its voluntary sector clients of the broader charity sector across the UK. Paris Smith was shortlisted for its Charity Forum, which champions the free exchange of information and ideas between Chief Executives and trustees of charities with the firm as well as a select team of other professionals with experience in the sector.

Membership is free and provides forums, major regional conferences, newsletters and practical advice. It provides an opportunity for trustees and senior management teams to connect with each other and to discuss issues in a secure environment.The forum is supplemented by members of the firm's 15 strong charity team, all of whom have direct experience of being charity trustees or governors of educational establishments.

Paris Smith Senior Partner, Nick Vaughan, commented: "Paris Smith has had a very successful year in award shortlistings and triumphs but to come second in the UK for the Third Sector Awards really was a great achievement for the team. Having our commitment to the charity sector recognised is a recognition of the importance that the firm places on its work within the sector. ” This news comes after the firm was recently awarded the prestigious Southampton Business Award for Established/Long Standing Business for its contribution to the economy and community in the city, and Law Firm of the Year in The Lawyer Awards 2018 category of ‘Independent/Regional’ for London, the South and Midlands. ■

Further growth for Moore Blatch’s Family law team Moore Blatch has further strengthened its Family Law team with the appointment of Sahil Aggarwal as Solicitor. This is the third new appointment for the firm to its Family Law team this year.

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oining Moore Blatch from a Legal 500 leading firm specialising in Family Law, Sahil has specialist experience in dealing with fertility cases. Most recently, in what is thought to be one of the only cases of its kind, Sahil advised on a case concerning an ex-partner seeking contact with a child conceived by way of a sperm donor.

In addition to fertility cases, Sahil has advised clients on all aspects of family law.

Debra Emery, head of Family law at Moore Blatch commented: “We have worked hard to build a team that has specialist expertise in all aspects of family law. Sahil’s unique experience combined with a strong track record of achieving excellent results for clients is a very welcome addition to our team.”

Sahil continues: “Known for their ‘top drawer’ practice, Moore Blatch’s Family law team have an excellent reputation. I look forward to working with them as the firm continues to grow.”

Sahil will be based in Moore Blatch’s Richmond office.■

Timetable: 1630 – Refreshments 1700 – AGM 1800 – Sponsor presentation 1815 – Pre dinner drinks 1900 – 3 course dinner 2130 – After dinner speaker Venue: St Marys Football Stadium, Southampton Cost: AGM only – free for members Dinner: £35.00 inc three course seasonal dinner with coffee After dinner speaker: David Parkinson, CEO of Wines GB David, a local man grew up in the brewing industry, David’s career has spanned the wine trade, advertising and local government.

For 10 years he worked in wine production, sales and marketing mainly in France, Spain and USA, after which he switched career to spend the next 18 years in consumer and business-to-business advertising. Since 2007 he has been closely involved in local and central government projects, which has included being leader of a District Council.

David relishes the opportunity to ensure that the British wine industry continues to prosper.

WineGB the President of which is HRH Camilla, Duchess of Cornwall, aims to promote the English and Welsh Wine industry and to represent wine growing and wine sales issues with government, local government, tourist organisations, trade associations and internationally.

David will provide an entertaining insight into the industry and outlook for the future of British wine.

Sponsored by

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Happenings in Hampshire

Hampshire solicitors raise over £3,000 for local charities When you think about solicitors it is not very often that you imagine them dangling down the side of a 100 metre building…but that is exactly what a team from Churchers Solicitors did earlier this year!

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n August, Managing Partner Ian Robinson, and trainee solicitors Daniel Norris, Georgia Chandler and Jonathan Rees took part in abseil down the side of the iconic Spinnaker Tower to raise money for Rowans Hospice and Beaulieu Respite.

Managing Partner Ian Robinson, said “When I was first asked to be part of the abseiling team I instantly said yes to support these fantastic causes. It was not until afterwards that I realised what I had just agreed to!

“As a man who feels safest in my trusty sail boat the thought of being 100 metres in the air attached to just a bit of rope did

not fill me with much joy. When I saw the generosity of the people who had sponsored us there was no way I was backing out and the immense pride of completing the challenge totally outweighed the sinking feeling I had when first looked down from the top of the tower!”

Churchers Solicitors raised a total of £3,500 for the two charities. To find out more about the brilliant work these charities do visit www.rowanshospice.co.uk and www.beaulieurespite.com. ■

Pic: Ian Robinson

Verisona Law Nurtures Legal Talent As the new academic year gets underway, Portsmouth legal practice, Verisona Law, is delighted to be welcoming two students from the University of Portsmouth who will spend the next year gaining professional experience at the firm.

Pic: Sarah Lawal and James Woodhouse

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After seeing advertisements at the University of Portsmouth, sending applications through its Placement Office and attending interviews at the offices of Verisona Law, students Sarah Lawal and James Woodhouse have been offered placements at the firm for a ‘sandwich year’ that will complement their studies.

Sarah, who has already completed two years of her law degree and will be working as a trainee paralegal across various departments, is clear about her motivations for seizing the opportunity.

‘I want to gain experience and understanding of how a law firm operates, so that when I come to apply for graduate schemes at the end of my degree, they know I can hit the ground running,’ the 20 year old explains. ‘I also hope that this year will help me identify specific areas of law I would like to pursue in my career.’

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James, who is 21 years old, studying Law with Business and will be assisting the firm’s highly respected Historic Abuse team, agrees. ‘It is about taking some time out to find a sense of direction and learn where the studying can take you, as well as gaining a competitive edge when it comes to entering the job market later on.’

‘I feel very fortunate,’ he continues. ‘There were only a handful of placements available in Portsmouth and even fewer in law, so to have been given this opportunity is really exciting.’

‘We are very proud to welcome Sarah and James to the firm,’ says Maria Hart, Chief Operations Officer at Verisona Law. ‘After the success of individuals who have taken on placements with us in previous years and made impressive contributions to the firm, we wanted to continue offering similar opportunities to support the next generation of legal talent.’ ■

Happenings in Hampshire

Awards galore for Churchers Solicitors Churchers Solicitors has been recognised for their fantastic customer service offered to clients across the practice.

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arlier this year, Churchers was awarded Hampshire Law Society’s ‘Small Law Firm of the Year’ 2018, for the second consecutive year.

Churchers’ Fareham and Southsea offices have been shortlisted for The ESTAS Conveyancer Awards 2018, which highlight the best rated firms for customer service involved in the home moving process, and will be announced in October.

Partner, Elizabeth Moger, who works in the Buying and Selling Your Home team at Churchers’ Southsea office, said: “The team

is thrilled to have been shortlisted for an award for our customer service and we can’t wait for a awards ceremony!

“As a firm, we strive to give top-quality service, and work hard to make the buying and selling your home process as smooth as possible. It is truly rewarding to be shortlisted for such an award.”

In addition to The ESTAS, Churchers has been shortlisted for the ‘Medium Firm of the Year’ award by The Law Society, which champions the work of solicitors across England and Wales, and will also be announced in October. ■

Win for Moore Blatch at Law Society Excellence Awards Moore Blatch has won a Law Society Excellence Award for Excellence in Business Development. They won the award along with law firm Bermans for their ground breaking commercial resolution process for SMEs, Escalate.

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he Law Society Excellence Awards shine a light on outstanding work in the legal sector, recognising individuals and teams that have gone above and beyond.

The Law Society said of Escalate: “The first time the judges looked at this entry they knew it would be a winner. An innovative idea and the very definition of the word ‘disruptive’, this firm developed their business development innovation to fix a fragile commercial dispute market. The judges particularly liked the collaboration and scalability and value for clients.”

Escalate was developed collaboratively by a group of professional services practices, including Moore Blatch, and partners with leading firms from the legal, accountancy, finance and membership sectors in order to help clients get access to justice.

Mark Osgood, Partner and Head of Asset Recovery, Moore Blatch said: “Commercial disputes can be costly, lengthy and a risky undertaking, especially for SMEs. Escalate was designed as a smarter way to resolve many commercial disputes, helping SMEs find quick and cost-effective solutions that can help accelerate the settlement of suitable claims. We’re delighted with this win.”

This is the third prestigious award win for Escalate.

Earlier this year it won ‘Best Collaboration Initiative’ at The Lawyer Awards, and last year it won ‘Innovation of the Year’ at the British Accountancy Awards.

Partner for Medical Relations at Moore Blatch, Trevor Sterling, was also the only Solicitor to be highly commended in the Solicitor of the Year – Private Practice category. ■

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Happenings in Hampshire

Pic: (left) Jennifer Lee, (right) The mediation department

News from Brain Chase Coles Brain Chase Coles Solicitors are delighted to welcome two new members to the family law department and announce a fantastic year so far!

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nn Davies joined in the department in July and brings the wide-ranging experience as a family law solicitor, collaborative practitioner and mediator that she has gained after many years working at Lamb Brooks, Solicitors. Jennifer Lee has also joined the department after practising in Surrey since she qualified in 2014. Jennifer has experience advising clients in all areas of family law and advises both legally aided and privately funded clients.

The mediation department, “Haymarket Family Mediation” headed up by Sheila Parkes, now has four practising mediators in the service. Sheila, Liz and Ann are Accredited Mediators and Sheila and Liz are also qualified to offer legally aided mediation and child inclusive mediation.

The family team are all members of Resolution. The firm congratulates Elizabeth Ford on becoming a Resolution Accredited Specialist in finance and children work this year.

Brain Chase Coles has been awarded its new Legal Aid contract from September 2018 so that the firm can continue its long history of offering advice and legal assistance to as many clients as possible, irrespective of their financial circumstances. The high quality of work has been recognised by its reaccreditation under the Specialist Quality Mark this year.

Finally, as Nick Massey-Chase retires from client work at the end of September 2018, Brain Chase Coles thanks him for the enormous contribution that he has made both within the firm and to legal services in Berkshire, Hampshire and the surrounding areas for more than 40 years. ■

Access Law to continue working with the Legal Aid Agency

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ccess Law are pleased to confirm they have received their contract from the Legal Aid Agency to continue providing Family legally aided advice to clients. Emma Bailey FCILEx has returned to assist Derek Parsons, particularly with the Child Abduction cases. We are the only firm accredited by the Official Solicitor in Hampshire to act for parents in these cases to “deal with cases where a child is taken abroad without a parent's permission”. We also act for clients in care, headed by Ginnie Lambert, former President of the Hampshire Incorporated Law Society, and injunction cases and other family matters where the client qualifies through the domestic abuse or child protection gateway. Although the bureaucracy and pay have become a disincentive to many firms to continue with legal aid Access Law are committed to this area of law and can possibly assist other firms in determining if a client is eligible for legal aid. ■

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Happenings in Hampshire

Pic: (Top) David Franklin, Russell Mogridge and Craig Petrie

New HQ for Eric Robinson Solicitors After a period of rapid expansion, Eric Robinson Solicitors has announced its move to new Headquarters at Vanbrugh House within the Botleigh Grange Office Campus in Southampton.

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plush 6,325 sq ft suite of offices located in the prestigious Botleigh Grange business centre is set to house the expanding team needed to co-ordinate logistics and support for one of the south’s leading independent law firms.

Over the past two years, Eric Robinson Solicitors, which has a 54 year history serving Southampton and its surrounds, has opened new offices in Basingstoke, Bracknell, Richmond-Upon-Thames and moved to larger premises in Winchester city centre.

The firm subsequently appointed one of its senior members of staff, David Franklin, to the new role of ‘Operations & Business Development Manager’ in order to ensure the efficiency and consistency of client service, and secured its eleventh office to house both support and administrative staff, as well as the firm’s growing Commercial Team.

‘The move was inevitable and had been planned for as part of our strategic expansion programme,’ explains Managing Partner, Craig Petrie. ‘With new staff, clients and the need for flexibility and

movement across a wider geographical reach, we required offices that are accessible, have good parking facilities and bring together teams of people within the firm so they can work more efficiently alongside each other.’

50 members of staff have moved from administrative offices in Bitterne and Southampton city centre in a deal the firm struck with commercial property agents, Hughes Ellard, now part of Vail Williams, with joint agents JLL. ‘Vanbrugh House is now 100% occupied,’ confirmed Russell Mogridge, Partner at Vail Williams Solent Region. ‘This is testament to its fantastic location and exceptional working environment and we wish Eric Robinson Solicitors every success there.’

‘We are very excited by our latest move and look forward to welcoming clients and associates to the new offices,’ says Craig.

‘After a period of investment and growth, we are now concentrating on ensuring we have given our staff the best possible environment and support in order to fulfil our potential.’ ■ HAMPSHIRE LEGAL

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Happenings in Hampshire

Pic: (left to right) Daniel Colman, Gina McCadden, Pam Kamel

Trainee Solicitor success at Warner Goodman LLP Celebrations are underway at Warner Goodman LLP as two Trainee Solicitors qualified on the 3rd September, and one Paralegal begins their Period of Recognised Training.

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Thu 22 November 2018 9am–5pm Holiday Inn, Basingstoke

Commercial Property CPD Day Once again CPD essentials is delighted to present a full day of CPD aimed at those working within Commercial Property within private practice or local government.

A lively mix of topics suitable for both Lawyers and Surveyors will be presented which will include: • New UK Red Book national standards affecting commercial property • Community infrastructure levy • VAT on commercial property • Legal update • Fire safety post Grenfell • Reviving a dying shopping centre to consider investment, management and valuation issues • Estate management • Asset management update

£115.00 plus VAT (£138.00) Price includes conference proceedings, all refreshments including lunch and comprehensive delegate pack.

CPD – Up to 6 formal hours Bookings can be made online below or by cheque/BACS Visit the website www.cpdessentials.co.uk to book or contact 07429 523183 ■

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aniel Coleman joined the firm in June 2015 working as a Paralegal in the Southampton based Residential Conveyancing team. In September 2016, he commenced his Period of Recognised Training, completing seats in Employment, Commercial Litigation, and Commercial Property. For his final seat he returned to the Litigation and Dispute Resolution team, specialising in residential property disputes, where he has now taken a permanent position.

Gina McCadden joined the firm in September 2014 working as a Paralegal in the Employment team. During her time as a Trainee Solicitor, Gina gained experience across the varying high street and commercial departments of the firm including Private Client, Employment Litigation and Company Commercial. Her final seat saw her return to Employment, this time in the Peace of Mind team, where she has now taken a permanent position.

Pam Kamel has worked at Warner Goodman since 2015, beginning in the Residential Conveyancing team in Portsmouth before moving to the Commercial Property team as a Paralegal in September 2016. She began her Period of Recognised Training on the 3rd September, taking her place in the Peace of Mind team within the Employment department.

Dan Thompson, Trainee Partner, explains, “This is always an exciting time of year for us as we welcome new Trainee Solicitors and celebrate those who are qualifying. Daniel and Gina have been important members of the firm for the last few years, and they know us and our clients well. I am delighted we have been able to offer them permanent positions; positions I know they will enjoy and excel at and I look forward to their continued success in their roles and as part of the team. The Employment team is an exciting one for our Trainee Solicitors to join and the Peace of Mind membership is going from strength to strength. Pam is a promising member of staff here and I am looking forward to seeing how her career takes shape over the coming two years as a Trainee Solicitor.” ■

Happenings in Hampshire

City high-flyers join Phillips Solicitors Pic: Jack Gardner and Max Hope.

Two City high-flyers have been attracted to leading Hampshire law firm Phillips Solicitors.

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ack Gardener and Max Hope join as Directors and shareholders at the firm based in London Street, Basingstoke.

They say they see huge potential in the firm, for its outstanding client relationships, trusted county and regional practice, and opportunities for further growth generated from its close proximity to London.

Jack, who previously worked at global law firms Clyde & Co and White & Case as an experienced employment and commercial solicitor, said: “I am hugely excited to be joining this very strong team and helping to take Phillips, which my father helped to set up 32 years ago, into the next phase of its successful life” Max, who worked with Jack at Clyde & Co, joins Phillips following a successful career in the City, working for some of the world’s leading law firms, including Linklaters and CMS. Most recently Max was Assistant General Counsel to MS Amlin PLC. He brings with him a wealth of

experience in contentious and non-contentious corporate and commercial matters.

Max also served as an officer in the British Army, both with the infantry on operations in Afghanistan, and subsequently as a lawyer advising the Army on international matters.

He said: “Just like working in the armed forces, with businesses and advising clients, the goal is at the centre of everything we do. Clients want you on the front-line with them, not removed on the sidelines. That’s the Phillips ethos, and it’s one of the aspects that attracted me to the firm” Senior Director, Howard Gardener said “The addition of Jack and Max to the Phillips team marks a significant investment in the bright future of our firm. They bring strength and depth to our commercial, employment and litigation teams, and we are looking forward to the journey with them.” ■

Peter Latham – Retirement after 50 Years in the Law Peter attended Bristol University between 1964 and 1967 and obtained an LLB – securing a 2(1).

H

e was articled at a firm in Christchurch from 1968 – 1970 and was admitted as a Solicitor on 15 May 1970, he joined Glanvilles that year and it was not long before he became a Partner. He joined Jasper Vincent in 2013 as a Partner and has helped develop the firm’s residential property team. Alongside his role at Jasper Vincent he has been a Councillor and again, more recently, Head of Planning for Hampshire County council. The service and dedication Peter has shown in public life has been mirrored in his professional life. Peter has variously witnessed the introduction of the photocopier, the fax machine, computers and the internet. While the world has changed around him he has retained his integrity and character. Jasper Vincent held a Retirement Reception at The Ageas Bowl in honour of Peter’s extraordinary career which was well attended by current and previous colleagues, agents, brokers, friends and family all of whom came to wish him the best for the future. Jasper Vincent are very sad to see him retire but of course wish him well and are very grateful to him for all his contributions both to the firm and to the profession.

As Peter comes from a legal era, when Latin was permissible: “Tibi bene ex animo volo” ■

HAMPSHIRE LEGAL

13

Council Report

Law Society Council Report 26 September 2018 The Law Society is the representative body for solicitors in England and Wales.

The Society negotiates on behalf of the profession, lobbies regulators, Government and others and has a public interest role in working for reform of the law

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ouncil met in Chancery Lane on 26 September for the first meeting of the 2018-19 season, under the presidency, for the first time, of Christina Blacklaws.

Council welcomed several new members attending their first Council meeting following elections earlier in the year. It also congratulated Sara Chandler following her election as chair of the Equality, Diversity and Inclusion Committee.

Influencing for impact – policy

The new president is taking the opportunity to make some changes to how Council conducts its business, with the aim of giving Council more opportunity to scan the horizon on behalf of the profession and debate major issues of policy. She is also keen to encourage networking among Council members and between Council members and the staff of the Society as part of the Society’s work to act as one team for the benefit of the members it serves.

relation to changes in the Litigation Graduated Fees Scheme (LGFS) – which would have substantially reduced the ‘cap’ on pages of prosecution evidence the reading of which can be charged for – which received widespread coverage.

Secondly the Law Society had provided litigation support to the Law Centres Network (LCN) claim for judicial review of the proposed changes to the Housing Possession Court Duty Scheme which would have introduced larger scheme

debate and legal interventions

Council spent some time ‘in committee’ – with the formal rules of business relaxed to permit a more interactive debate – discussing the Law Society’s policy priorities. Inevitably, Brexit continued to loom large, with a clear view from Council of the dangers of a non-negotiated Brexit and the importance of continuing to press for a negotiated settlement that would Christina tweeted a picture of Council from ensure the protection of the Law Society’s the chamber with the message “Delighted priorities in the interests of the profession and a little nervous to chair my first and the public. Council also heard about council meeting. Your council members the Society’s continuing work in terms of give up huge amounts of time to devote events, round tables, briefings and case themselves to the governance and the studies. policy development of our profession. We A number of successful legal interventions don’t see enough of them so here they were reported to Council. Firstly, the Law are! #solicitors #publicinterest” Society’s successful judicial review in

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Council Report

areas and price-competitive tendering. This challenge was also successful, and the matter has been remitted to the Lord Chancellor for re-consideration. In a third legal success, the Law Society had intervened in the case of ENRC v SFO as part of our ongoing campaign to protect legal professional privilege, and the Court of Appeal’s judgment delivered earlier in September had been favourable.

On the wider policy agenda, Council discussed the Law Society’s role in dealing with regulatory issues including the SRA’s handbook reforms, transparency proposals, the solicitors’ qualifying examination, and the forthcoming changes to the internal governance rules; civil justice including clinical negligence and civil liabilities; access to justice, including legal aid support, the condition of court premises, and the pro bono charter; technology and innovation in the law, including the role of artificial intelligence in the law, the work of the public policy commission of criminal justice and humans rights, and GDPR and cyber security; and the Law Society’s continuing work on the role of the profession, for example in the context of the UN General Principles, and legal professional privilege. A planned series of policy discussions will follow.

Practice excellence and career companion – supporting the profession

impact, keep members up to date, support practice excellence and support members at every stage of their career. This is available on line and is now sent in hard copy to every new member along with a welcome note from the president. Copies are available from corporatecommunications@lawsociety.org.uk.

Efficient and effective – planning for the future Council spent time at this meeting considering future plans and budgets for the Law Society, including formal approval of the final budgets for the Law Society and the SRA for 2018-19 following detailed scrutiny by the relevant boards.

The business plan agreed by Council for the Law Society draws on input from the successful Council strategy weekend earlier in the year, setting a number of priorities focused on the efficient and effective delivery of services to our members. This includes planned improvements to the way the Law Society manages and uses data about its members, the creation of an enhanced online experience for our members, streamlining the management of the accreditation process and enhancements to Law Society telephony to make it more flexible and user-friendly. Council also agreed to progress plans to refurbish 113 Chancery Lane and to market 114 Chancery Lane for rental. Refurbishment work will enable more efficient use of the central London premises and create revenue from the vacated building. This will not impact on our member areas such as the Library, Reading Room and newly refurbished 113 Restaurant.

Council spent some time ‘in committee’ – with the formal rules of business relaxed to permit a more interactive debate – discussing the Law Society’s policy priorities. Inevitably, Brexit The next meeting of Council is scheduled for 5 December. ■ continued to loom large, with a clear view from Council of the dangers of a non-negotiated Brexit and the importance of continuing to press for a negotiated settlement that would ensure the protection of the Law Society’s priorities in the interests of the profession and the public. Council also heard about the Society’s continuing work in terms of events, round tables, briefings and case studies.

Go somewhere new

Promoting the profession The Society’s campaign to promote the profession as honest and honourable, approachable and accessible, experts in their field, client focused, delivering value for clients and adding value to society was also highlighted following an advertising campaign on busses, trains and social media. The campaign features our members. Council were shown some of our latest advertising during their lunch break. You can see more by clicking the “for the public” button on our Law Society homepage.

Ongoing programmes of work include continuing the solicitor brand campaign to promote the benefits to clients of using solicitors; the global legal centre campaign to protect the position of the Law of England and Wales internationally postBrexit, the Women in Leadership in Law campaign, personally sponsored by the president, which aims to increase gender equality in the profession; and the Society’s work on technology and the law.

It was also noted that the Society has received overwhelmingly positive coverage in the press and broadcast media. Broadcast media coverage has been a priority and has doubled this year.

Keeping the Society and our views in the spotlight supports our lobbying and influencing as well as promoting the profession.

Keeping members informed Council heard about the new publication ‘Your professional body – the value of membership’, which sets out the key components of the work we do to promote the profession, influence for

with your marketing and achie ev ve more

Explor p e your marketing options during a free meeting with Brevity’s Founder and CIM Fellow, Kaia Vincent

Mark keting for Hampshire Solicitors

01256 536 000 www.brevity.marketing HAMPSHIRE LEGAL

15

Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Contentious probate for practitioners and litigators Keith Biggs is now a Probate Consultant but was the District Probate Registrar at Winchester.

Part 1. Avoiding problems with making wills Part 2. The use of the N-CPR 1987 in contentious matters Part 3 The effect pf the civil procedure rules 1998 on probate litigation Part 4. Contested probate claims Part 5. Applications to rectify wills Part 6. Applications to remove/substitute personal representatives Part 7. Costs in probate claims

Property Update David Keighley was Head of Residential property at Herrington Carmichael..He has been described as “The best speaker I have ever heard” and is a contributing author for the Law Society Conveyancing Handbook.

Private client Update Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury This seminar is likely to include: • The latest news on the Trust Registration Service • The implications of the new DOTAS Regulations for private client practitioners • The latest cases on I(PFD)A 1975 • The recent run of proprietary estoppel claims • Any news from the review of IHT undertaken by the Office of Tax Simplification and any relevant tax points from the Autumn Budget • The latest on BPR in the light of the appeal in Vigne and the First Tier Tribunal decision in PRs of Graham v HMRC [2018] UKFTT 306 (TC).

Tuesday 20 November 2018

Tuesday 22 January 2019

Tuesday 26 February 2019

Court of Protection

SDLT Update 2019

Criminal Law Update

Margaret Pine-Coffin, Pump Court Chambers is an experienced child care practitioner. She deals with all aspects of child care applications. Her specialisation is in cases involving serious injury to a child or children and where there may be a parallel criminal investigation.

Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker.

Details TBA

Margaret has also appeared in the Court of Protection in cases concerning decisions about the welfare of the person involved. Margaret represented the local authority in Re X, Y and Z [2014] COPLR 364 Tuesday 12 March 2019

Tuesday 2 April 2019

April 2019

Civil Litigation Update

Employment Law Update

Family Law Update

The speakers will be from No 18 Chambers.

Gary Self has been described in the Legal 500 as being "Highly technical and commercial with excellent advocacy skills" and "very good, one of the best on the Western Circuit for employment" and further by Chambers UK 2014 as ‘ a leader in the field’ of Employment matters.

DJ Simmonds former solicitor and member of the children panel appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money.

• Legal update, children and money • When contact isn’t working, tips & traps • Other topical issues

May 2019 16

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May 2019

Tuesday 4 June 2019

Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Conveyancing Update

Property lecture

Richard Snape is a consultant with Davitt Jones Bould. He is a renowned speaker on all aspects of Real Estate Law and he lectures nationwide to a wide audience including local law societies, solicitors firms, local authorities and government departments. As a specialist speaker to property lawyers and property professionals, Richard has a reputation for delivering practical advice in an entertaining and engaging way.

Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

Tuesday 18 June 2019

Edward Denehan is yet again recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.”

He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.’

Tuesday 16 July 2019

Unless otherwise notified all lectures take place at the Holiday Inn, Leigh Rd, Eastleigh SO50 9PG from 13.45 – 16.45.

There is free parking at the venue. The programme will be regularly updated once additional information received distributed via email and in the quarterly magazine.

You can find more detail on each lecture on our website www.hampshirelawsociety.co.uk administration@hampshirelawsociety.co.uk

1.5 hour lecture - £55.00 (Non Member £70.00)

PRICING 3 hour lecture - £90.00 (Non Member £130)

Members can take advantage of our CPD Smart Scheme Book multiple places and receive greater discounts Book a total of 10 places and save a total of £180.00 against the individual booking fee Terms and conditions

Total no of places booked

Price

Discount %

• All applications will receive a written confirmation of booking

1-4

£90.00

NIL

• Payment is required with the registration form. No places can be reserved without payment

1-4

£81.00

10%

• Booking is subject to availability of places

1-4

£72.00

20%

• Delegates may be substituted at any time with an appropriate additional payment for any non-members

1-4

£67.50

25%

• Venues are checked for accessibility

1-4

£63.00

30%

• HILS accepts no responsibility for the views or opinions as expressed by the speakers, chairman or any other persons at the event • HILS reserves the right to alter the venue, programme and the speakers at any time • Smart scheme is applicable to both individual and company bookings who are members of HILS • The smart scheme rate only applies at the time of booking and is not retrospective

HAMPSHIRE LAW SOCIETY

• Claiming the discounted rate remains the responsibility of the claimant however HILS will try to ensure that you are charged the appropriate fee once the required level of booking has been reached

HAMPSHIRE LEGAL

17

Articles

Dishonesty after Ivey,

By Simon Parsons, HILS member.

Until recently there was not a general test of dishonesty that applied, when dishonesty was in question, in both in the civil law and the criminal law. In the civil law the test was objective (after the defendant’s mental state had been ascertained) as set out by Lord Hoffmann in Barlow Clowes v Eurotrust [2005] UKPC 37 at pp 1479-1480 as follows:

“Although a dishonest state of mind is a subjective mental state, the standard by which the law determines whether it is dishonest is objective. If by ordinary standards a defendant’s mental state would be characterised as dishonest, it is irrelevant that the defendant judges by different standards. The Court of Appeal held this to be a correct state of the law and their Lordships agree.”

In the criminal law the test of dishonesty was different and was set out in R v Ghosh [1982] QB 1053 CA. The judgment was given by Lord Lane CJ at 1064, who said that the jury should determine whether the defendant was acting dishonestly in two stages: “A jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest [the objective stage]. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails.

If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest [the subjective stage]” The defendant is guilty only if the answer to the second question is yes.

The Ivey test of dishonesty.

In Ivey v Genting Casinos [2017] UKSC 67 Ivey sued the casino for breach of contract after it had refused to pay out his £7.7 million winnings at Punto Banco because it asserted he had broken an implied term in the contract that he would not cheat.

The High Court and the Court of Appeal both held that Ivey had cheated by using a technique known as edge sorting. Ivey appealed to the Supreme court which unanimously dismissed the appeal. Lord Hughes gave the judgment, with which the other justices agreed, stating that Ivey had cheated and therefore breached the implied term and thus could not recover his winnings. Lord Hughes also held that dishonesty was not a necessary legal element of cheating.

Lord Hughes could have stopped there but instead he took the long-awaited chance to challenge the Ghosh test. In a strong obiter dictum, he first held that the subjective stage should no longer apply because the law should not excuse those who make a mistake about contemporary standards of honesty and a purpose of the criminal law is to set acceptable standards of behaviour [at 54,57-59]. Then Lord Hughes restates the objective stage by setting out the test for dishonesty [at 74].

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“When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively) the actual state of the individual’s knowledge or belief as to the facts. The reasonableness or otherwise of his belief is a matter of evidence (often in practice determinative) going to whether he held the belief, but it is not an additional requirement that his belief must be reasonable; the question is whether it is genuinely held. When once his actual state of mind as to knowledge or belief as to facts is established, the question whether his conduct was honest or dishonest is to be determined by the fact-finder by applying the (objective) standards of ordinary decent people. There is no requirement that the defendant must appreciate that what he has done is, by those standards, dishonest.”

This effectively repeats Lord Hoffmann in Barlow Clowes. The test is not the same as the first stage of the Ghosh test as that had to be applied without reference to the actual state of mind of the defendant. Lord Hughes states that “there can be no logical or principled basis for the meaning of dishonesty (as distinct from the standards of proof by which it must be established) to differ according to whether it arises in a civil action or a criminal prosecution” at [63]. In civil cases the Ivey test is being applied so, for example, in Razamus v Ministry of Justice [2018] EWHC 2015 the High Court considered the test to be applied when assessing “fundamental dishonestly” in a civil claim for personal injury was the Ivey test. In respect of the criminal cases technically the Ghosh test still applies but in R v Pabon [2018] EWCA Crim 420 (where the jury were given the Ghosh direction) Lord Justice Gross said that in view of the Ivey judgment “It is therefore apparent that the jury were directed, on the key issue of dishonesty, on a basis more favourable to the Appellant than if he was tried today” at [23]. This is a clear steer to judges to give juries the Ivey direction ( when dishonesty is in question) as the Ivey test is now the settled law and not the Ghosh test. This is to be welcome especially in respect of the offence of theft because it will give legal certainly to that offence which has been lacking since the decision of the House of Lords in Hinks [2001] 2 A.C. 241 that there can be an appropriation even where there is no civil wrongfulness underlying the appropriation because there was valid gift. However, there is still the flawed assumption within the Ivey test that there is a homogenous value base concerning dishonesty within society. ■

Mediation

Mediation-

Packing the Punches After recently successfully concluding mediations for a world champion boxer, title contender and manager as well as a premiership football club, leading university and the Board of a Government Agency I have had cause not only for thought but time to reflect. For sake of anonymity the picture opposite does not represent any of the combatants’ true identities. For now I will leave that to the imagination.

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ediations are not all the same. There can be many flavours and nuances and as experienced mediators will tell you similar disputes can play out in very different ways. As mediators we forever have to adapt to the circumstances and the situation which unravels before us.

There can of course be much pageantry and showmanship before the bell rings on the day of the mediation. Each mediation and indeed every fight comes with its own history.

And so the bell rings and we are off. In reality much mediation work has already been effected before the bell sounds. Parties of course can adopt many changes of position and stance: orthodox; south paw; counter punch as well as downright unconventional and sometimes even a jab, hook, cross and upper cut are displayed. There is frequently a sub plot. Mediations often unravel in intriguing ways. Merlin himself with his many potions and incantations may even be impressed; conjuring spells, directing focus, calming flashpoints.

Mediations can certainly be challenging. They are certainly not a stroll in the park whether in London, Paris, Berlin or the leafier suburbs and can require a great deal of resolve and strength of purpose. Mediations often however present the best opportunity for parties to explore and resolve their dispute in the quickest, most diplomatic, least stressful and least injurious of ways. In any fight or gladiatorial contest both parties are invariably hurt and it is rare for any party to emerge unscathed. We can often lose sight of this amidst the emotional battle cries and the call to arms.

Surprises and curve balls can abound and are often thrown into the mediation mix not only with new material disclosure but astonishing new revelations. It can often be as well to find this out before the ‘certainty’ of the trial. A recent revelation concerned a battling Lord, whistleblowing as well as the Cabinet Office. Fortunately for all this did not play itself out on the front pages of the press.

On occasion mediations have resembled more of a cold war James Bond spy plot rather than a classic exploration of issues and diplomatic engagement. The boxing mediation at times had all the atmosphere of the OK Corral albeit without colt 45s. The mediation concluded with lawyers and mediator apace marching up Chancery Lane and signing the settlement agreement in the street outside of our hallowed hall. One of the lawyers involved in the ‘boxing ring’ intended to wreak his wrath or more fortunately relief the following day on a racing circuit with or without the classic Aston Martin. James Bond eat your heart out.

As Mediators we are there to serve all parties, to use, adapt and adopt whatever mediation methods and techniques help the parties on their path to resolution.

Mediation can sometimes be a shadowy world but one in which much can be achieved behind closed doors.

As Mediators we often enable discussions to take place which would not ordinarily happen. We can facilitate discussions between parties, discussions between lawyers and indeed the release of documentation and information in a diplomatic way. Mediation provides the safety of confidentiality which surrounds the mediation process. Comments can be made to the mediator that you may not want a judge or indeed the other party to hear. Comments made at the mediation also can not be repeated in court. The court will often simply see the settlement fait accompli and in many cases the court process can be avoided altogether.

Recent mediations have presented opportunities for both lead front and back page stories as well as opportunities to initiate further speculation and conflict. I have had numerous lawyers and parties tell me that there were no prospects of resolution only to be pleasantly surprised. Some combatants have even walked away linked arm in arm.

Mediation is of course a part of every lawyer’s dispute resolution armoury and its consideration is mandated under both Pre Action Protocols and the Civil Procedure Rules. Its timely adoption can sometimes save not only months but years of heartache.

What then of the Mediation World? Mediation is certainly high on Lord Briggs agenda as most will know. Some of you may even have had the pleasure of attending Lord Briggs talk in November 2017. The Civil Justice Council for its part has backed the presumptive use of mediation as set out in its 98 page report. At the CIArb Mediation Conference in September 2018 focus was placed on topics ranging from; high conflict parties; challenges and dilemmas to mediation mastery. We have sadly now lost one of the true mediation masters David Richbell a friend who a number of you will know.

I recently had the pleasure of attending another Talk at the Oxford University Policy Institute given by another friend Dr Nikita Chiu about War & Peace & Space. As a species we will certainly return to the stars and other celestial bodies. Mediation in Space however may be some way off. I don’t think that I will become an astronaut just yet.

On the earthly stage whether your dispute is commercial, property or contentious probate for some great institution or greater cause we perhaps need to consider not only ADR but IDR ‘intelligent dispute resolution’. There may be fights to be had but often cleverer ways to achieve your goal. Even a boxer will pick his fights carefully.

We are all fighters in our own way. Resolution of course can be worthwhile fighting for. ■

Russell Evans,

Mediator Resolve UK, Ministry of Justice approved Mediation Provider russell@resolveuk.co.uk

HAMPSHIRE LEGAL

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Will Aid

SOLICITORS, WE NEED YOU! More than half of British adults have made no will, a new survey has revealed.

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he study, carried out by Will Aid, the charity will-writing campaign that takes place every November, found that 53% of adults have not prepared this vital piece of paperwork, up from 51% in 2017.

Will Aid Month, which takes place every November, encourages people to write a will with the help of a professional solicitor. This year, Will Aid is on the lookout for more solicitors who would be willing to donate their time for free to Will Aid and help thousands of people across the UK get this important piece of paperwork in order.

Law firms volunteer their time and expertise to write basic wills, waiving their fee, with clients being invited to make a voluntary donation to Will Aid instead. Donations support the vital work of the nine partner charities. The suggested donation for your basic Will Aid will is £95 for a single will and £150 for a pair of mirror wills.

In Northern Ireland, more than 74% of those questioned admitted they had no will, revealing a dramatic increase of 10% since 2017’s poll. In Wales, 55% of adults have not prepared this vital piece of paperwork, up from 41% in 2017. In England, 58% of people in the North East and 57% in the North West had not got around to it either. In fact, only three of the thirteen regions have scored better than 2017’s poll results for having this piece of paperwork in order. Yorkshire is the most organised region with just 43% of people have no will.

Peter de Vena Franks, campaign director for Will Aid, said:

“Every year we carry out a poll to work out how many Britons have no will in place and the figures are always surprising.

“To see that the percentage of people without a will increased this year is all the more reason to stress the importance of taking the time to make a will.

“Will Aid is a fantastic way to tick this important piece of paperwork off your to-do list whilst also making a real difference with a charitable donation.”

James Tarleton, Chair of Will Aid said: “2018 marks 30 years since the start of Will Aid and this year’s statistics show that, even after three decades, there is still a need for this campaign and to encourage more people to make their will. Not only does making your will through Will Aid provide peace of mind, by using a professional solicitor, but the nine partner charities use the donations and legacies from will makers to reach people in crisis, both here in the UK and all around the world. As well as making a donation, many people who make their wills through Will Aid, use this opportunity to provide support to their favourite charities through a gift in their will. These legacies make a great difference and we are very thankful for those who choose to support our work in this way.”

Last year Will Aid raised more than £1.25 million for its charity partners – ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and Trocaire (Northern Ireland).

For more information visit www.willaid.org.uk HAMPSHIRE LEGAL

21

Sharing our expertise.

CPD

CPD from Geodesys. All you need to know.

Geodesys offers a range of conveyancing CPD options including housing industry updates, regional housing analysis, legislation updates and product training. Look out for our regional events and don’t forget that we also organise in-house training to suit the needs of your team.

Find out more: call Geodesys customer services on 0800 085 8050.

www.geodesys.com/events

Land and Property

Network Rail

lose appeal in Japanese knotweed case

On 3 July 2018, the Court of Appeal handed down its judgment in the case of Williams & Waistell v Network Rail Infrastructure Ltd [2018] EWCA Civ 1514, and in doing so set a landmark legal precedent for the control of Japanese knotweed.

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he County Court judgment was the result of private nuisance claims filed in 2015 against Network Rail by Mr Robin Waistell and Mr Stephen Williams. Neighbours Waistell and Williams, who own adjoining semi-detached bungalows in Maesteg, south Wales, had argued that Japanese knotweed on neighbouring Network Rail land was causing an actionable private nuisance by encroaching upon their properties and by being within seven metres of their properties, interfering with their quiet enjoyment of, and causing a loss of amenity in respect of, their properties by reducing their market value.

The County Court found in favour of the claimants. It was held that they had no claim on the basis of encroachment as there had been no physical damage to the property but that the mere presence of Japanese knotweed within seven metres of their properties was sufficient to constitute private nuisance. The County Court awarded the Claimants compensation for the cost of treatment of the Japanese knotweed and the residual diminution in value to the properties.

Grounds for appeal Network Rail appealed the decision on a few grounds, including that the presence of knotweed on Network Rail’s land within seven metres of the claimants’ properties was incapable of causing an actionable nuisance merely because it diminished the market value of the claimants’ respective properties.

The claimants cross appealed on the basis that as the knotweed had encroached onto a neighbouring property that owner did not need to prove that the knotweed had caused physical damage to the property for the encroachment to constitute a private nuisance.

The Court of Appeal dismissed Network Rail’s appeal and upheld in most part the ruling made in February 2017 at Cardiff County Court, albeit on different grounds.

Interference with land’s amenity value The Court of Appeal held that the claimants could not claim for private nuisance merely because of the diminution in the properties’ market value due to Japanese knotweed within seven metres of the property.

This is because the purpose of the tort of nuisance is not to protect the value of property as an investment or a financial asset, its purpose is to protect the land’s

intangible amenity value which concerns landowners’ use and enjoyment of the land.

Therefore, the Court of Appeal judgement found that the mere presence of knotweed in an adjoining property is not in itself capable of being an actionable nuisance, unless it threatens to encroach, or has already encroached. However, the Court of Appeal held that once encroachment or imminent encroachment is established, damage is assumed and claimants can succeed in their claims for private nuisance and be compensated for both the cost of treatment and the loss of amenity caused by the Japanese knotweed. The Court of Appeal found that the loss of amenity value was the same as the diminution in value found by the County Court and upheld the award. The result of this case has far-reaching consequences; it solidifies the fact that Japanese knotweed is an actionable nuisance for which damages can be claimed. This means its presence imposes an immediate burden on landowners who not only face the existing difficulties and expense of eradicating Japanese knotweed from the affected land, but now also face the concern of being liable to others if their knotweed threatens to encroach, or has already encroached, onto another’s land.

Charles Lyndon Solicitors, who acted for Mr Waistell said: “Hopefully now organisations like Network Rail will take their responsibilities seriously and remove the knotweed on their properties. As one of the few firms specialising in Japanese knotweed, we have successfully represented a huge number of clients affected by Japanese knotweed and ensured they are compensated for the cost of treating the Japanese knotweed and the impact of it on the value of their properties.”

Expert help is at hand Japanese Knotweed Ltd undertook a Japanese knotweed property risk survey for the Waistell private nuisance claim, and work closely with Charles Lyndon and other solicitors involved in knotweed claims.

At Japanese Knotweed Ltd, we provide expert knotweed consultancy and contracting, delivering surveys, treatment and excavation programmes throughout the UK. We have an in-house team able to help and support with knotweed legal issues. If you require Part 35 compliant legal knotweed reports with a detailed knotweed remediation plan, please contact us on 0333 241 4413 or email contact@knotweed.co.uk or visit japaneseknotweed.co.uk

HAMPSHIRE LEGAL

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Food

Christmas is Coming!

Now is also the time for thinking about the office Christmas party – the annual catch up for colleagues and friends to celebrate the successes of the past year.

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hristmas feels just around the corner, the occasional wintry chill is making us long for warming hot drinks shared over a roasting log fire. Keep the party cosy by swapping the traditional champagne reception for hot, spiced mulled wine with a selection of sumptuous canapes. A few examples from our Christmas canape menu include Gin cured salmon, croustade, horseradish crème fraiche, tonic and citrus gel, radish and dill

salad or Crispy turkey, cranberry, stuffing spring roll and cranberry ginger relish… just a small teaser of what you can choose from!

Or to really throw a celebration, gather everyone around the table to enjoy a plentiful meal with feasting style meats such as our 6hour slow roasted shoulder of lamb, marinated in garlic and rosemary, so incredibly soft and tender that it just melts in your mouth, served with a selection of hearty sides and colourful, vibrant salads.. ■

Training

Interaction is key to getting the most of your CPD A

Continuing Professional Development (CPD) is an integral part of any conveyancer’s progression and aptitude, as well as being an effective way to share expertise and best practice. Regulatory bodies, such as the Council for Licensed Conveyancers and Solicitors Regulation Authority, expect property practitioners to undertake CPD activities, as well as reflect on their learning and apply it to their day-to-day working life.

ny approach to gaining CPD points is valid so long as the legal professional can demonstrate that it contributes to the service they are offering. Today, participants are overwhelmed with choice as there are a host of activities to choose from, including webinars, coaching / mentoring, courses, research and events – so how best can a solicitor invest their time in CPD? Geodesys – part of Anglian Water and a leading provider of conveyancing searches for residential and commercial properties throughout England and Wales – regularly hosts a series of complimentary CPD events for conveyancers across the country.

HAMPSHIRE LEGAL

• Real-life scenarios and case studies are an excellent way to apply learning back in the workplace and show what solutions are available for particular situations.

• Event takeaways. Event organisers usually give participants a copy of the presentations and examples discussed to help embed learning when back in the office.

• Networking. Events provide the opportunity for delegates to network with one another as well as the presenters, extending the learning potential.

• Mix it up. Cover a number of areas and topics in one fell swoop by attending a CPD event which features a mix of different topics.

Worth three CPD points, the popular, interactive events feature industry experts, such as property market analyst and commentator Kate Faulkner, and provide highly informative seminars looking at a mixture of topics such as the threats the modern conveyancer is exposed to and the best tools for remaining compliant.

Jane Moir, Associate Solicitor for Sprake and Kingsley claimed one of the events to be: “The best CPD event I’ve attended!”

Conveyancers are extremely busy individuals so it’s important their time is used wisely when investing in CPD training. Events are a powerful way to interact and learn from many different professionals as well as boosting networks, confidence and knowledge.

“Taking time out of the office is often considered an inconvenience for busy professionals, but actually stepping away from the desk, away from distractions, mingling with peers and being in a learning environment means our events offer a wealth of benefits,” says Jonny Davey, Conveyancing Product Manager for Geodesys and regular presenter at events.

Geodesys offers a range of conveyancing CPD options including housing industry updates, regional housing analysis, legislation updates and product training.

Look out for their regional events and don’t forget they also organise in-house training to suit the needs of your team. Find out more by calling their customer services team on 0800 085 8050.

• Interaction. Delegates are encouraged to contribute to discussions which helps them benefit from shared knowledge

26

about the industry, legislation and products available to them.

Premium Residential <0.25Ha

Environmental | Flood | Ground Stability | Energy & Infrastructure

Report Details

Subject Site

Address:

R uested by: Req

Grid Reference: E: 123456 | N: 123456

D te: Da

Report Reference:

R Repo rt ID:

Sample, Sample

Sample

S Sample

2 /04/2018 27 1 00085407 10

Professional Opinion on 1.ENVIRONMENTAL

PASS

2.FLOOD

PASS

3.GROUND STABILITY

PASS

4.ENERGY & INFRASTRUCTUR TURE

PASS

No further recommendations

No further recommendations

No further recommendations

Consideration(s):

4.20 Power Stations

uted Areas Air Quality Index: Some Pollut (See 1.25)

This page should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated d with the property. The results should be disclosed to client and/or lender and/or insurer as appropriate.

A ‘Pass’ is g given if no p potential p property p y speci p ific risk has been identified.

A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, d, or if there are features nearby which some clients might consider could affect them.

A ‘Further Action’ is given if there is a potential property specific risk and a further action is advised.

In the event of a request to review the Professio ional Opinion based on additional information, or if there are e any technical queries, the professional advisor who ordered the report should contact us at info@futureclimateinfo.co om, or call us on 01732 755 180.

Regulated by RICS If you rre equire assistance, please contact your Search Provider or alternatively contact FCI directly with your Report ID. Tel: 01732 755 180 | Email: info@futureclimateinfo einfo.com | Web: www.futureclimateinfo.com

AFFILIATE MEMBER

Wills and Probate

A love that lasts forever Every year, we care for around 15,000 dogs at our 20 rehoming centres across the UK. It’s only with the help of our wonderful supporters that we can give these dogs the love, care and attention they deserve while finding them the right home.

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P

of their married life rescuing and caring for neglected and unwanted dogs.

A third of our funds come from gifts included in supporters Wills. One such supporter, Dr Thomas Preston, has very kindly pledged to leave a legacy to Dogs Trust in his Will.

He and his beloved wife, Pat, spent 40 years

Pat had always had a strong bond with dogs, having lived with them for much of her life.

She couldn’t bear to see them injured or illtreated. Sadly she passed away in 2014, leaving behind Tom and her darling dogs.

It was their shared belief that every dog deserves a long, happy life that led to her making the incredibly generous decision to leave us a gift in her Will. Dogs Trust promises to never put down a healthy dog.

Please help us keep this promise by considering leaving us a gift in your Will.

roviding expert veterinary care, specialist rehabilitation equipment and training facilities doesn’t come cheap. Not to mention all the vital everyday necessities like food, bedding and heating. Dogs Trust receives no government funding, which means we wouldn’t be able to run our 20 state-of-the-art rehoming centres without the generous donations from our supporters.

Perfect Portal provides a quotte to completion solution that can be implemented within 24-48 hrs.

59% of home movers obtain two or m more quotes when selecting a conveyancerr.. Converting the quote to sale can be faster when you can offerr full transparency of price and service at the selection stage.

Perfect Portal Portal is a market leading, eassy to use, online platform that enables firms to quote, convert, manage and communicate throughou ut the transaction. Why not find out more?

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Helping you get on with the matter in hand Affordable expert guidance

View sample pages at lawsociety.org.uk/books

Finance

Free your mind... it's time to think more objectively about structured products ‘‘I’m trying to free your mind, Neo. But I can only show you the door. You’re the one that has to walk through it.

You have to let it all go. Fear, doubt, and disbelief.

Free your mind.’’: Morpheus, The Matrix, 1999.

I

recently had a thought-provoking chat with Chris Taylor, global head of structured products at new provider Tempo, about the fundamental differences between mutual funds and structured products, including the unique merits and efficacy of ‘best of breed’ structured products and their ability to add value within investor portfolios.

Chris has a background in asset management, including active and passive funds, and is one of the UK’s ‘go to’ experts in the structured products sector, so he has a good understanding of the full investment landscape.

It was hard to disagree with much of what he had to say, but, as he also said, it does seem to require some wealth managers and independent professional advisers, and investors, to ‘free their minds’ in order to engage objectively on the facts.

The fundamental fact that interested me was his explanation that active fund management is built around ‘aims and objectives’, that actually are simply ‘hopes’, or even just ‘wishful thinking’.

The bottom line is that there are no obligations on fund managers to actually deliver anything that they ‘promise’.

If / when fund managers fail to achieve their stated aims and objectives, they know that they can simply provide an explanation to investors, usually blaming their performance on markets, perhaps offer an apology, promise to try harder next time, and suggest that investors just need to be patient and remain invested.

The bottom line is that the risks of active fund management are borne by investors, not the fund managers, and it is this that is fundamentally different from structured products.

Structured products are based on contractual legal obligations. As with active fund management, investors in structured products access marketing materials, for example a plan brochure, detailing what the structured product has been designed to provide, and the conditions and parameters for both returns and risks. However, unlike active fund management, structured products marketing creates contractual, legal obligations upon the investment bank standing behind the product, as the issuer / counterparty, to deliver what they stated.

Structured products allow investors to abdicate from various risks including market risk and fund management process risk, delegating these risks to investment banks / counterparties, who must deliver the terms of the bonds that they issue that back their products, with no wriggle room, no explanations, and no apologies, unless they are bust.

This is a significant USP benefit of structured products, that can serve investors well, in diversified and balanced portfolios.

This is a compelling and unique feature of structured products, and one that really needs to be understood and appreciated. Particularly as an increasing number of wealth managers, professional advisers and investors believe that the decade ahead may present a more challenging investment environment than the decade now behind us.

The investment environment ahead of us, in which the world moves from Quantitative Easing to Quantitative Tightening etc., is likely to see professional advisers, and their clients, wanting and needing to work their portfolios harder, including considering different types of investments for better portfolio diversification, instead of restricting their portfolio diversification planning to just asset class and geography.

Structured products can present a compelling portfolio option that can potentially add value alongside other funds, for objectively minded professional advisers and their clients, not least because there are some things that passive and active fund management just cannot do.

Structured products can help fill that gap, notably offering the potential for positive returns in range bound, possibly flat and / or falling markets, in addition to reducing and controlling exposure to downside market risk.

We think it is time (and timely) to think carefully about and understand the differences between active fund management and structured products and to recognise the merits and attributes of best of breed structured products. Many investors may be served well with the inclusion of structured products within their portfolios.

Tim McKechnie Investment Director – S4 Financial Limited

HAMPSHIRE LEGAL

31

Finance

Busy Bees?

Continuous Improvement work smarter not harder $IBOHF8JTF The three most common â&#x20AC;&#x2DC;blind-spotsâ&#x20AC;&#x2122; in organisations are: 1. Not sharing best practice 2. Not recognising, measuring and reducing rework 3. Not learning from mistakes These are indicative of not having a continuous improvement culture.

Symptoms can be: 1. Poor work-loading and utilisation of resources; one team of paralegals are very busy when another is quiet 2. Excessive work in progress (WIP), case files opened, but inactive or not progressing to completion 3. Repetitive tasks, long-winded processes and interruptions from clientâ&#x20AC;&#x2122;s chasing up progress 4. Time spent on waiting for or chasing 3rd parties or requesting information delaying case lead-time 5. Errors and mistakes, even though you are checking and re-checking 6. Spending time correcting and reworking cases (often un-costed in fixed-fee work) 7. Repeatedly receiving client paperwork/forms with errors and omissions and having to call them back 8. Call-backs that arenâ&#x20AC;&#x2122;t optimised to reach the client and cause delays waiting for returned calls 9. Multiple versions of â&#x20AC;&#x2DC;standardâ&#x20AC;&#x2122; letters and forms 10. Differing outcomes from the same skilled staff, â&#x20AC;&#x2DC;specialâ&#x20AC;&#x2122; partner/client work-arounds, or work carried out by staff over-qualified for that task 11. Client information or contacts not logged on the case management system/file 12. Repeating mistakes that have happened in the past or incorrect application of latest legal knowledge 13. Know Your Customer (KYC) checks take too long or clients donâ&#x20AC;&#x2122;t send the right information Often these become blind-spots because we are so busy with work-inprogress that it hides the problems. We get our heads down working harder, not smarter.

What can you do about it?

Embed the skills of continuous improvement (CI). For CI to be effective you need structures, processes and the culture where employees work together to resolve issues and have the tools to spot, measure and manage these problems appropriately, every day.

Productivity improvement, getting more output per hour worked without increased human effort, can be achieved through: â&#x20AC;¢ Better work design and resource organisation â&#x20AC;¢ Process redesign, quality feedback loops, better controls and improved standardisation on the one best way â&#x20AC;¢ Staff training in wider skills, increasing employee engagement and motivation â&#x20AC;¢ Higher staff utilisation through elimination of non-value-adding activities â&#x20AC;¢ Automation, improved use of technology and software supporting the operational design Combined, they lead to better customer experience, reduced operational costs and increased profit.

ChangeWise believes employee engagement is critical to successful change and by training and coaching your people to use simple continuous improvement techniques they can embed change into the way they work and continuously adapt to a constantly changing competitive environment. Call Mike Williams on 07866 537 580 to find out more.

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Instant le egal indemnity cover Residential selff-issue policies - online and paper p pack Wide-ranging cover at low premiums

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Notices

Addison Law Solicitors are seeking a

part time residential Conveyancer

&ĂƐƚ ĞīĞĐƟǀĞ ƌĞƐŽůƵƟŽŶ ŽĨ LJŽƵƌ ĚŝƐƉƵƚĞƐ

to join their busy Emsworth Team to fill a job share position, hours negotiable. Potential for long term career progression.

Apply in writing with full CV to Mr C C Halliwell 8 North Street Emsworth PO10 7DD or by email to c.halliwell@addisonlaw.co.uk

LOCUM CONVEYANCING Ray Martin Solicitor admitted 1978 with 39 years experience of residential and commercial conveyancing . Locum since 2015 .

Flexible hours and locations. ■

:ĂŶĞĞŶ ĐŚƚĂƌ DĞĚŝĂƚŽƌ ĂŶĚ >ĞĐƚƵƌĞƌ /ŶƚĞƌŶĂƟŽŶĂů ŝƐƉƵƚĞ ZĞƐŽůƵƟŽŶ

ǁǁǁ͘ŵĞĚŝĂƟŽŶĨŽƌǁĂƌĚ͘ĐŽŵ ŵĞĚŝĂƟŽŶĨŽƌǁĂƌĚΛŐŵĂŝů͘ĐŽŵ нϰϰ ;ϬͿϭϵϲϮ ϲϮϮ ϰϰϳ

Tel: 07802428236 or email raymondearlmartin@gmail.com for cv and terms of business

Locum available for Family / Matrimonial Work: Miss Vivien Manfield admitted 1981, Resolution Accredited Family Specialist January 2006 – January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for full or part time assignments. ■ Tel: 01962 853930 or email vivienmanfield@yahoo.co.uk for more information and c.v.

MISSING WILLS Mr Keith Allen Brown 12 Kingsmead, Lower Common Road, West Wellow, Romsey SO51 6DG DOB DOD

20/09/1956 08/09/2018

Frances Ann Podbury 13 Hanover Gardens, Basingstoke, RG21 3QJ

If you have any vacancies or notices that you wish to post email either Alison Penderleith on bdo@hampshirelawsociety.co.uk or Nicola Jennings on administration@hampshirelawsociety.co.uk

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