Bill of Middlesex legal magazine Winter 2015

Winter 2015

The BILL of

Middlesex Official journal of the Middlesex Law Society

“Affable but firm” An interview with Bob Neill MP (cover story)

Inside this issue: › Local News › Leaving a Legacy to Charity › Agricultural Law › Conveyancing Focus

View our new website: www.thameswater-propertysearches.co.uk/BOM

introduction

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

Contents 5 14

ADVERTISING AND FEATURES EDITOR Anna Woodhams

DESIGN AND PRODUCTION MANAGER Neil Lloyd

ACCOUNTS DIRECTOR Joanne Casey

MEDIA No. 1403

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17

EDITOR Sundeep Bhatia

PUBLISHED December 2015 - © Bill of Middlesex - Benham Publishing

LEGAL NOTICE © Benham Publishing.

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

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

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

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

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

COVER INFORMATION The cover image: Bob Neill MP

Copy Deadlines Spring Summer Autumn Winter

23rd January 2016 1st May 2016 1st August 2016 24th October 2016

Anyone wishing to advertise or submit editorial for publication in the Bill of Middlesex please contact Anna Woodhams, before copy deadline.

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

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26

5

INTRODUCTION

23 TRAVEL

6

LOCAL NEWS

24 AGRICULTURAL LAW

10 PROFESSIONAL ISSUES

26 CONVEYANCING FOCUS

13 SOCIAL EVENTS

31 NEWS

14 INTERVIEW

34 BOOK REVIEWS

18 LEGACIES The Bill of Middlesex 3

officers COMMITTEE MEMBERS

PAST PRESIDENTS

Sundeep Bhatia of Beaumonde Law Practice

R Garrod, J A S Nicholls, R C Politeyan, J Aylett,

Audit House, 260 Field End Road, Eastcote HA4 9LT

K Goodacre, H J B Cockshutt, W Gillham, L Lane Heardman,

(020 8868 1614)

D Grove, L A Darke, C Beety, Mrs L E Vickers, H Hodge,

e-mail: sundeep.bhatia@beaumonde-law.co.uk

E G B Taylor, A A M Wheatley, A H Kurtz, M J S Doran,

Nirmala Chandrasena of Chands Solicitors

A Bates, J J Copeman-Hill, D B Kennett-Brown,

OFFICERS FOR 2015/2016

H B Matthissen, G Parkinson, HHJ R D Connor,

President:

145 Cannonbury Avenue, Pinner, Middx HA5 1TR

S B Hammett, Miss F A Shakespear, HHJ P E Copley,

GURMEET KHARAUD

(020 8933 8332) (DX 48001 Rayners Lane)

A M Harvey, H R Hodge, G R Stephenson, B S Regler,

Fort & Co. Solicitors

e-mail: n.chandrasena@btinternet.com

Saunders House, 52-53 The Mall, Ealing W5 3TA (01753 691224) (DX 5119 Ealing) e-mail: gk@fortsolicitors.com Vice Presidents: ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG

W J C Berry, AS Atchison, L M Oliver, S W Booth, D D P Debidin, R E J Hansom, E H Lock, Mrs A Taylor, Mrs

Professor Malcolm Davies Head of Ealing Law School University of West London St. Marys Road, Ealing W 5RF (020 8231 2226) e-mail: malcolm.davies@tvu.ac.uk

N Desor, Ms M Hutchinson, M Guyer, R S Drepaul, A Sriharan, Ms M Fernandes, A Darlington, S Chhokar, Ms M Crowley, Professor M Davies, S Hobbs, Mrs R Sriharan, Mrs S Scott Hunt, D Webb.

(07973 622312) e-mail: creativewit@tiscali.co.uk

Hardeep Dhillon of Desor & Co, 768 Uxbridge Road, Hayes, UB4 0RU

Honorary Secretary

(020 8569 0708) (DX 44657 Hayes 1 Middlesex)

MAURICE GUYER

e-mail: hardeep@desorandco.co.uk

SOCIAL PROGRAMME 2015-16 Past Presidents Dinner - TBA

Vickers & Co. 183 Uxbridge Road, Ealing W13 9AA (020 8579 2559) (DX 5104 Ealing) e-mail: mguyer@vickers-solicitors.co.uk Honorary Treasurer: LAURA VIRCAN Desor & Co.

Stephen Hodgson Lecturer in Law, Ealing Law School University of West London St Marys Road, Ealing W5 5RF (020 8231 2406)

COMMITTEE MEETINGS 2016 18 January 15 February

e-mail: stephen.hodgson@uwl.ac.uk

768 Uxbridge Road, Hayes, UB4 0RU (020 8569 0708) (DX 44657 Hayes 1 Middlesex)

Maralyn Hutchinson of Kagan Moss

AGM

e-mail: laura@desorandco.co.uk

22 The Causeway, Teddington, Middx TW11 0HF

Wednesday 15 March 2016

(020 8977 6633) (DX 35250 Teddington) Honorary Social Secretary:

e-mail: maralyn.hutchinson@kaganmoss.co.uk

ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG

Fahmy Mohamed of Vincent Solicitors

(07973 622312)

11-13 South Road, Southall, UB1 1SU

e-mail: creativewit@tiscali.co.uk

(020 8574 0666)

PARLIAMENTARY LIAISON Michael Garson

e-mail: fahmy@vincentsolicitors.com Honorary Membership Secretary: SUSAN SCOTT-HUNT Principal Lecturer in Law, Middlesex University The Burroughs, Hendon NW4 4BT (020 8411 6019) e-mail: s.scott-hunt@mdx.ac.uk

Ariya Sriharan of Sriharans 223 The Broadway, Southall UB1 1ND (020 8843 9974) (DX 119583 Southall 3) e-mail: info@sriharanssolicitors.co.uk

Council Members for the Middlesex Area:

Renuka Sriharan of Sriharans

Central & South Middlesex

223 The Broadway, Southall UB1 1ND

Michael Garson

(020 8843 9974) (DX 119583 Southall 3)

Kagan Moss

e-mail: info@sriharanssolicitors.co.uk

22 The Causeway, Teddington TW11 0HF (020 8977 6633) (DX 35250 Teddington)

Elisabeth van der Weit of Hameed & Co.

e-mail: michael.garson@kaganmoss.co.uk

4 Grand Parade, Forty Avenue, Wembley Park, HA9 9JS (020 8904 4900)

North Middlesex Michael Singleton

e-mail: hameed@hameed.plus.com

Singletons Austin Ryder 2 Crossfield Chambers, Gladbeck Way, Enfield EN2 7HT

Darrell Webb

(020 8367 0387) (DX 90604 Enfield)

Lyndales Solicitors

e-mail: michael.singleton@singletonsuk.com

Lynton House, 7-12 Tavistock Square, London WC1H 9LT (020 7391 1000) (DX: 122014 Tavistock Sq.2)

The Law Society Greater London Regional Office,

e-mail: Darrell@lyndales.co.uk

The Law Society, 113 Chancery Lane, London WC2A 1PL

Alexis Ash of Iliffes Booth Bennett Solicitors

(020 7316 5554) (DX 56 London/Chancery Lane)

Capital Court, 30 Windsor Street, Uxbridge UB8 1AB

Regional Manager: Mark Hudson

(08456 381 381) (DX 45105 Uxbridge)

e-mail: mark.hudson@lawsociety.org.uk

e-mail: alexis.ash@ibblaw.co.uk

4 The Bill of Middlesex

www.middlesex-law.co.uk

introduction

President’s Review Recent developments in criminal legal aid have seen the Law Society call on the Legal Aid Agency to address concerns about the procurement process.

The Law Society has recommended that individual firms write to their MP to tell them about their experiences of the tender process and the potential consequences for their constituency.

T

he SRA are publishing new guidance on the separate business rule and from November the rules will change to make it easier for Solicitor owned firms to be involved in separate businesses that offer a range of professional services. This should help them to compete with other professional firms that have created similar multi disciplinary practices.

The CQS accreditation process has been changed and the Law Society are conducting a rolling annual assessment with a full application taking place every three years. A simplified mandatory training process is being introduced which should assist the amount of time it takes to re-apply for the scheme.

With the opposition to criminal court fees growing the House of Lords rejected the government’s criminal court charge. A motion of regret was tabled whilst the Shadow Justice Minister Lloyd Beecham referred the House to the examples provided by the Law Society on the impact of fees. It is a case of watch this space as to what happens next.

Too many firms have fallen victim to cyber-attacks in 2015. They are particularly vulnerable to cyber-crime due to the large sums of monies being moved to and from firms. Cyber security is therefore an increasing concern for Solicitors.

Please note that Middlesex Law Society have arranged an annual dinner dance at the Polish Club in King Street, Hammersmith, London W6 on Friday 11th December 2015 at 7.00pm for 7.30pm.

Anybody wishing to attend is welcome to forward his or her cheque or, can make payment directly to the Society’s account details of which can be provided on request. Please contact the treasurer Maria Laura Gusatu on 0208 569 0708.

recall to the old man the pleasures of his youth, that can transport the Sailor and the traveler, thousands of miles away, back to his own fireside and his quiet home”.

Have a Merry Christmas and a Happy New Year.

Kind Regards,

GURMEET KHARAUD President, Middlesex Law Society e-mail: gk@fortsolicitors.com

There will be a Past Presidents Dinner arranged in February and further details will be provided.

As this is our last publication before Christmas I am reminded of Charles Dickens who wrote “Happy, Happy Christmas, that can win us back to the delusions of our childish days, that can

The Bill of Middlesex 5

local news

PRICING AND BILLING ARE TWO SIDES OF THE SAME COIN

By Stu Gooderham, Head of Client Relations at LexisNexis Enterprise Solutions

The difference between pricing and billing is hotly debated in the legal industry, but they are similar concepts and so must mirror each other. By aligning pricing with billing, firms ensure that the bill presented to the client actually equals the agreed price. However, logical as it seems, establishing profitable pricing is challenging many law firms, which in turn is impacting presentation of agreed billing to clients.

Elementary to pricing anything is an understanding of the cost base of an offering. And herein lies the problem. Many law firms don’t know what their cost of production and delivery of matters is and so struggle with realistically pricing their services.

Pricing requires business insight Costing requires breaking down and clearly scoping matters; and associating costs towards each task across the phases of production - planning, discovery, pre and post-trial, etc. Based on this granular understanding of matter costs, firms can ascertain the price - i.e. the rate that the client will be willing to pay.

Nevertheless, to price profitably, firms need insight into what individual types of matter typically cost. This requires access to data (historical and current) to ascertain what level of resources were applied in the past, how best to leverage those resources, whether skills are currently available, how much new skills will cost to acquire, what level of staffing is needed, and at

what stage of the matter lifecycle.

Disjointed business environment Such information isn’t always readily available to firms.

They use multiple systems, which despite best efforts to integrate, remain disparate due to the numerous proprietary technologies they’re based on. The various business functions operate in siloes, making it difficult to obtain a single view of the business, projects and matters.

Aligning billing and pricing Then there is the issue of timely, accurate billing for law firms. When is the best time to bill a client, how can debtor days be reduced, and how to increase realisation. Anecdotal evidence suggests that often firms spend days trying to raise invoices - collating time sheets and matching work executed against deliverables - which despite all the scrutiny, still turns out to be inaccurate.

The ability to monitor actuals versus the matter plan (based on which the pricing was determined) is crucial. Then again, firms require legal project management capability, which in turn means that the front and back office of firms must be inextricably and seamlessly connected.

Enterprise resource planning technology streamlines pricing and billing related processes. It provides a template upon which to execute matters supported by a connected environment - from pitching a piece of work across delivery through to generating profit encompassing everything from time recording, resource allocation, skills management and communication through to accurate and timely invoicing. Vitally, such an approach helps both curtail scope creep, eliminating revenue leakage. Law firms should consider the discipline of enterprise resource planning. It’s tried and tested in other professional services sectors.

Middlesex Law Society (est. 1959)

A P P L I C AT I O N

for

MEMBERSHIP

Surname _______________________________________________________________________________________________________________ Mr / Mrs / Miss / Ms Forenames _______________________________________________________________________________________________________________________________ Name of Firm or Organisation ______________________________________________________________________________________________________________ Postal Address or DX no: __________________________________________________________________________________________________________________ Telephone ________________________________________________________________________________________________________________________________ Email ____________________________________________________________________________________________________________________________________ Status & Area of Work _______________________________________________ Date of Admission _____________________________________________________ Would you be interested in joining the Committee? Yes/No I wish to apply for FULL/FIRM/ACADEMIC/ASSOCIATE/STUDENT (YMG) membership of the Society (see below for details) I enclose herewith my cheque for £ _________ for the current year, made payable to "Middlesex Law Society" Signature ____________________________________________________________ Date _______________________________________________________________ Subscription Rates: Full Individual Membership: £50.00 per annum (more than 3 years admission) £30.00 per annum (less than 3 years admission) Firm Membership: Partners/Solicitors 2-5 £125 per annum 6-10 £250 per annum more than 10 £500 per annum Academic Law Departments: £200 per annum Associate Membership: £15.00 per annum (Trainee Solicitors, ILEX members, Paralegals) Students: £5 per annum (Young Members Group) Please return completed form and remittance to: The Membership Secretary, Middlesex Law Society, Susan Scott-Hunt, Middlesex University, The Burroughs, Hendon NW4 4BT

Tel: 020 8411 6019 e-mail: s.scott-hunt@mdx.ac.uk

6 The Bill of Middlesex

local news

Greetings everyone and welcome to the latest Edition of “The Bill of Middlesex.”

My name is Sundeep Bhatia. I am the current Editor of the Magazine and am also one of three Law Society Council Members representing the Ethnic Minority Lawyers Constituency.

The Last Meeting of the Law Society took place on the 28th October. The following is a summary of that meeting together with my thoughts on the topics discussed.

As the Council met, it remembered one of the longest-serving Council members, Robin ap Cynan, who had recently died. In quarter of a century of loyal service to the Society and the profession, Robin made major contributions in a diverse range of areas including the Wales Committee and ensuring that the interests of practitioners in Wales were well represented, as well as family law and mediation.

Robin was also one of the most colourful of Law Society Council Members. He was passionate about family mediation and was truly dedicated to his Welsh Constituency. His yellow smoking jacket, which he wore on official occasions, has passed into Law Society folk law. Council Meetings will be the poorer for his passing.

Strategy development and budget setting Following discussions in Council in September, and a great amount of reflection, work continued to refine the Law Society's strategy, three-year plan, and oneyear business plan. Council formally signed off these documents in October, and the strategy and three-year plan will be publicly launched in November. The oneyear business plan is an internal document focused on the detailed activities of each team at the Law Society. The strategic aims are: • We will represent solicitors by speaking out for justice and on legal issues • We will promote the value of using a solicitor at home and abroad • We will support solicitors to develop their expertise and their businesses, irrespective of whether they work for themselves, in-house or for a law firm.

These aims are supported by our shared vision for the profession, and by our commitment to spending our members' money as effectively and efficiently as we can. The Council also confirmed that a review will be undertaken to establish whether the Society's governance is fit for the purpose of delivering the agreed strategy. Further information will follow in subsequent updates. The Council also approved the budgets for the Law Society, the Solicitors' Regulation Authority, and the shared services provided by Corporate Solutions. This confirmed the decision in July that solicitors' practising certificate fees are unchanged from last year.

Key activities on major issues reported to Council Presidential activity The President presented an update on his first 100 days in office, mentioning meetings with members across the country as well as welcoming international delegates for the Opening of the Legal Year. He has been proactively using social media, including his Twitter channel and three monthly video updates, to improve communication and stakeholder engagement.

In September, he launched the Law Society's business and human rights engagement programme in London and Cardiff, as well as addressing the issue in his keynote speeches at the Opening of the Legal Year and the International Association of Young Lawyers. He has also taken several opportunities to use public platforms to promote the value of the legal services market to the wider economy, and to support the Society's wider campaign to raise the profile of pro bono work undertaken by solicitors. The party conference season was a chance to engage with decision makers on a range of topics, notably access to justice.

Criminal legal aid Council heard about the very substantial continuing concerns over the tender process, and over the impact on significant numbers of the profession. In addition to raising these concerns at the highest political levels, support measures are being made available for criminal practitioners who have been unsuccessful in securing a contract... For those who do not know the Ministry of Justice, on 15th October, announced the results of a tender restricting the number of firms who can do publically funded Duty Solicitor work. Duty work refers to on call work for those unrepresented at the Police station, and the Magistrates Court. Up until now all criminal defence firms undertaking Legal Aid work carried out a combination of own client and Duty Solicitor work. There are still an infinite number of own client contracts available. However the plan of the Ministry of Justice is to restrict the number of firms conducting Duty work to those who are successful in the Duty Tenders with effect from January 2016.

Criminal advocacy consultation It was also noted that the government's consultation on criminal advocacy raises a number of questions, including whether there should be a statutory ban on referral fees, and, critically, whether the instruction of in-house advocates by solicitors constitutes a conflict of interest. We are in active discussion with the Ministry of Justice, and have also contacted local law societies asking them and their members to respond direct to the consultation. It is my view that the timing of the consultation is unfortunate given that it overlapped with the results of the Duty Solicitor Tender.

SUNDEEP BHATIA

Court fees and court closures Council heard about the Society's robust responses to the government's proposals for further increases in court and tribunal fees, and to the introduction of the criminal court fee charge. We have also made a substantial submission on court closures, informed by over 800 member responses and with a special focus on helping members campaign against closures in their own areas.

Consumer credit regulation Council was pleased to hear that the SRA has announced that it will continue to be a designated professional body for regulating consumer credit activity, thus accepting the Law Society's strong representations and avoiding the need for dual regulation on the part of many firms which would have been complex and expensive.

Legal Practice Technologies (LPT) Council was informed that the Law Society is continuing to work with LPT on Veyo so that it can ensure that the product has the right level of functionality and usability before it launches. - The Law Society stated that it will not launch the product until it is satisfied as it recognises that the product must meet its members’ expectations and serve them well.

Diwali at the Law Society Apart from the Council Meeting it was my honour to compere the annual Law Society Diwali celebrations, in the Common room at Chancery Lane, on the 4th November.

The speakers were Bobbie Cheema-Grubb QC, who is soon to be sworn in as a High Court Judge and Bharat Pindoria, a leading Asian Solicitor. They both spoke on how their faith assisted and influenced them in their professional lives. We were delighted that Robert Bourne, Vice President of the Law Society, could address the function. However the highlight of the evening was a classical Indian Kathak dancer, Janaki Mehta, who also happens to be a lawyer. She was proud to be combining her work in Law with her work as a performing artiste and we were privileged to watch her graceful dances. This was surely the first time that Kathak dancing has been performed at Chancery Lane.

I am certain that it will not be the last.

Diversity Champion I am delighted to have been shortlisted for the category Diversity Champion in the Black Solicitors Network Awards which will be awarded at a dinner on 24th November.

The Bill of Middlesex 7

local news

Council Member report

by Michael Garson We have reached this autumn a point of no return with the government policy to reduce legal aid expenditure. This policy driven since 2011 by an economic imperative to cut £500m from civil and criminal legal aid budgets may not achieve the financial savings intended as unplanned consequences result in unwelcome expenditures in other areas.

When combined with increases in court fees placing a barrier to the courts and the charges levied on defendants in criminal courts the picture is one that shamefully undermines the principles established by the Magna Carta.

The introduction of 2 rounds of price cuts of over 17% in all and the two tier contract in crime leading to reduction in the number of duty contracts to just 527 are further blows to practitioners. The changes were held up as sustainable if there was consolidation of the supplier base - so that business spread among many suppliers in one area translated to a larger contract for single supplier. Regardless of whether that has any reality the theory may be in jeopardy as litigation over a flawed tender process follows the award of contracts and delays the timetable for start of new contracts on 11 January. Any reallocation of contracts after any review in favour of those who feel they have been unfairly treated will result in an extended period of turmoil for successful and unsuccessful alike.

The dispute is important because it is not about money alone. It concerns the principles of access to advice, access to the courts and equality of arms before the courts. The very principles which Magna Carta is held to represent. The government stance challenges the position of an independent legal profession constitutionally free to pursue private causes against government interest.

Current government thinking appears to regard the professions as a closed elite putting self-interest first.

That same belief has been articulated in the dispute with junior doctors over their hospital contracts where the government see the medical profession as protecting its turf with the more senior members of the profession disproportionately rewarded; holding back junior members and supporting an economic barrier to entry with low pay. The same theme is in evidence in the recent controversy over the slow advance of women and minority background lawyers into the senior ranks of the judiciary. It is a fact that the senior members of the professions are not representative of today’s society and do not reflect its demographic. It is true that on average they earn at a higher level than the average for the junior members of the professions and this is clearly a problem where it is hard to exist economically at junior levels and deters entry on merit. This is not a position we can defend or support.

8 The Bill of Middlesex

However, if a defence is to be mounted it would surely be on the basis that the senior members of the professions take professional and social responsibility in their firms supporting professional principles, public interest and compliance with the rule of law whilst providing value through their experience exemplified by the quality of services provided and the role of training the junior members of the profession. Support for non profitable trainees is part of that time-honoured system and if that framework is to be broken a viable alternative model has yet to be constructed and demonstrated.

There does not appear to be a ready-made alternative that is suitable to meet the modern day challenges though the SRA may believe that ABS’s, MDP’s and ‘separate businesses’ regulated by them and offering apprenticeships and flexible learning hold the answers - telling us that through such models more legal services can be made more widely available at lower cost. The preferred model is the corporate one that adopts innovation through disruptive methods and trading structures nurtured by light touch regulation.

At the same time as the 14th Annual Pro bono week celebrates the voluntary work of the profession the Lord Chancellor argues that those who enjoy commercial success should contribute a proportion of their profits to a Pro Bono fund deployed to dispense some form of legal assistance for the most needy. There is scant regard to the thousands of hours of pro bono work done by solicitors throughout the country in every type of firm to support communities and those in need of help. Nor to the fact that 91% of large firms (26+ partners) reported undertaking pro bono work and assist in funding organisations, such as LawWorks. If a tax is introduced it seems unlikely that they will be willing to pay for bot and the choice of London as the court jurisdiction of choice may be put at risk.

Let us consider some random views as to what the future holds for legal services. There is the much trumpeted view of Professor Susskind and his cohorts which in his latest book sees artificial intelligence as providing cheap solutions requiring fewer skilled and trained lawyers. We have already seen an increase in

commoditised services where qualified lawyers are ranked as paralegals with downgraded responsibilities compared to traditional assistant solicitors. Online services providing a set of menus offering self-service for those who choose to go it alone are readily available via the internet.

If this is the shape of the market then it does not require solicitors in current numbers nor qualified to the current standard. Whilst regulators may seek to maintain the supply of qualified fee earners at an ever increasing level it is market demand that will dictate the level of training and expertise required. Whilst the SRA remains unconvinced about retaining a training contract as part of the qualification process it has opened up apprenticeship as a route to qualification without the need for an academic degree. More alternative paths are welcome but a uniform standard at entry to the profession is what most members actually want. The end of formal CPD and the shift of responsibility for training development to each individual will put that aspect in the firm control of employer organisations.

These reforms are ongoing and provide a backdrop at the point in time when the new Lord Chancellor is considering whether or not to revisit the structures set up by the Legal Services Act 2007. That statute, setting up the Legal Services Board, came at the end of a process started in 2001 when the OFT reported on Competition in Professions (OFT 328/2001) and was followed by the Clementi Report on his ‘Review of The Regulatory Framework For Legal Services in England and Wales’ in December 2004. It led to the set up of the Office for Legal Complaints bringing into a single body the complaints handling for all the regulated legal professions. A form of profession led regulation was maintained by requiring the setting of standards, rule enforcement and education and training requirements to be led and operated independently of the representative activities of the legal professions.

This in turn heralded the import from the financial services sector in 2011 of the system of Outcomes Focused Regulation. This has increased rather than

local news

The goalposts have now been moved by the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 http://www.legislation.gov.uk/uksi/2015/542/pdfs/uksi _20150542_en.pdf and the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 http://www.legislation.gov.uk/uksi/2015/1392/pdfs/uksi _20151392_en.pdf ).

Pictured: Michael Garson

lessened the burden for many and still sits uneasily with the profession. Multiple revisions of the handbook indicate that the detail is daunting and subject to never ending tinkering. The promised rewrite to be released for consultation next year seems likely to further refine the doctrine of ‘Principle-based regulation’ with a slimming down of the detailed requirements of practice. Fewer hard lines and more freedom of action is the direction of travel which suits the kind of ABS model and ‘separate business’ model that is being favoured and encouraged.

This approach has little regard to the standards demanded by the court with the result that the standards set by the regulator may become rather less relevant than they are. Professional responsibilities are discharged in order to meet the requirements of the court and clients. Failures that result in complaints or actions for negligence can ultimately lead to withdrawal of professional indemnity insurance and so, to that extent, the market is self-regulating.

If the government were to review the structure of regulation there are a number of possible models.

This includes a reallocation of the matters which require to be independently regulated and considering whether a sector wide body could be suitable as an overarching regulatory structure giving high level direction. The cost of such a model would need to be compared to the existing operations which are widely acknowledged as imposing additional layers of cost and complication.

The separation of complaints handling may be viewed at least until now as having been a success. But, in a fast moving world, continuing review and overhaul is necessary as the environment changes. The early years of the Legal Ombudsman’s office were full of promise as slow and convoluted complaints handling was swept away with a more objective and comprehensible process. However LeO’s performance has become difficult to maintain with disputes taking longer to resolve and proving more costly to LeO.

From 1 October 2015 firms must refer complainants to an authorised mediation service once the firm’s internal complaints procedure has been completed.

Whilst there is no compulsion for a firm to agree for a matter to go to mediation it is an additional option and the client must be made aware of that option.

How LeO would deal with a matter if it fails to resolve that mediation has not yet been tested. So an existing area of certainty circumscribed by clear rules has now been thrown into some confusion.

LeO expressed a desire in early summer to become a provider of mediation services to align with the ADR directive but the current scheme does not permit this as it is not within LeO’s statutory purpose and there are in any event alternative organisations that already exist. So an area of certainty circumscribed by clear rules has now been thrown into some confusion and as ever we find ourselves standing on shifting sands.

Two final snippets Another noteworthy reform is the introduction of a changes to the separate business rule (Handbook Chapter 12). A separate business can offer unreserved legal services (other than immigration) through an entity not regulated by the Solicitors Regulation Authority (SRA). A solicitor, can be a manager or employee of a separate business but not practice as a solicitor in that entity, except as permitted in relation to In-house practice. As clients of a separate business will not receive the same levels protection as those of a legal firm, this must be drawn to the attention of the clients and the SRA has now issued guidance on this - https://www.sra.org.uk/sra/news/press/sbr-guidanceoctober-2015.page

the same time the SRA has published ‘Innovation and growth in legal services’ and launched a new initiative ‘SRA Innovate’ to encourage innovation https://www.sra.org.uk/sra/news/press/srachampioning-innovation-2015.page Perhaps we need not fear that the term innovation is an alien concept as to quote some possible definitions: ‘You can be innovating if you: Are delivering a new or improved service.

Have introduced a new or improved way of delivering a service.

Have introduced a new service or mode of delivery before your competitors.

Are finding new ways to structure, manage or market your law firm.’

The changes to the separate business rules are an opportunity for innovation and the following example is given of ‘innovation’: ‘An example would be if you start offering a new, affordable service to vulnerable clients in a region where it’s never been available before’.

So what started with Lord Falconer as supermarket law for consumers making everyday legal services cheaper to access has now become a desperate attempt to encourage someone to offer services to fill the gap left by withdrawal of public funding.

This is a time for vigilance as the storm clouds may once again be gathering but with characteristic resolve I am confident that we will as ever adapt and continue to find ways to serve our clients to the best of our ability.

Michael Garson Council Member Law Society Treasurer and Chair of Management Board

By allowing structures of this kind the way legal services offered may significantly alter and the impact on clients, the profession and even the regulator have not yet been fully worked through. Even if the SRA review the operation of the new separate business rule in a couple of years’ time by then considerable damage may well have been done.

The Legal Service Board (LSB) has published ‘The legal needs of small businesses - An analysis of small businesses’ experience of legal problems, capacity and attitudes’. This shows that that small business have limited engagement with law firms and that greater engagement with accountants has led to small businesses seeking legal advice from accountants on matters such as employment law. At

The Bill of Middlesex 9

professional issues

THE IMPORTANCE OF AN ATTRACTIVE WEBSITE I am not an IT Specialist. I am a Sole practitioner solicitor specializing in Employment Law. The following is what I have learnt over the last fifteen years by a combination of trial and error.

This is the age of the internet.

Most of us make choices online.

Our clients are the same.

If they require the services of a solicitor then the first impression they make will be on the basis of a firm’s website.

An attractive website is arguably more important than an attractive High Street shop front.

It is therefore important to ensure that your website is fit for purpose.

An attractive website will make your firm more attractive to prospective clients and will also drive traffic to your website which will lift you above local competitors in Google’s rankings.

If you are going to attract clients then your website needs to be modern and pleasing to the eye. It should also contain well written succinct summaries of what you do in your law Practice.

Your website should also be mobile phone friendly because more people use mobile phones to surf on the web then desktop computers.

When I say mobile phone friendly I mean that the website should realise that it is being accessed by a mobile phone and should format itself.

You should also make sure that your website has a blogging facility so that you can continually add relevant articles to your website. This will demonstrate your expertise in a particular area of Law. Individual blogs can be boosted by linking them to Social Media sites such as Twitter, Linkedin and Facebook.

This will attract potential new customers and will raise your profile on search engines to the detriment of your competitors.

I also recommend that you use Word press which enables you to constantly update and add pages to your website with ease.

The last thing you want is a website which stagnates and turns into an online museum piece. That would be worse than having no website at all. It will damage the brand of your firm.

I also recommend that you get someone professional to help design your website on the basis of your detailed instructions and input.

The result will look far better than using one of the do it yourself facilities online.

10 The Bill of Middlesex

There is no reason why your website should cost more than a few hundred pounds.

If you are feeling ambitious then you might want to add video but make sure that any video is well produced. Poor sound, lighting or production will damage your brand.

Finally make sure that you check anything you are going to put on your website before you publish it.

Poor spelling, punctuation and grammar are sure to dissuade potential clients from using your services.

If you follow all of the above hints then you will have a cost effective means of marketing your firm which will allow you to take on all competitors.

Good luck!

Sundeep Bhatia Beaumonde Law Practice Audit House 260 Field End Road Eastcote HA4 9LT www.beaumonde-law.co.uk

Established since 1964, we have achieved 50 years of providing accountancy excellence to businesses in and around London and further afield in the United Kingdom.

Our strength comes from our determination, our commitment to our clients and ability to face challenges of the economic climate without compromising the quality of our services, for which we are justifiably very proud.

Our firm is structured into departments for Taxation, Audit, Accountancy, Book-keeping and Payroll, IT Systems and Company Secretarial Service.

Our specialisation includes Reports on Solicitors Accounts Rules.

Our office on Ritz Parade, London W5 3RA, next to “Premier Inn London” is situated adjacent to the Hanger Lane and Park Royal Underground Tube Stations and is well placed for London and its surrounding environs.

Call: Arvind Joshi FCA, CTA, DChA Tel: 020 8932 1932 Fax: 020 8932 0122 arvind@levyandpartners.com www.levyandpartners.com

professional issues

Law Society launches new member-focused strategy Following wide-ranging and open conversations with members about its future role, this month Law Society chief executive Catherine Dixon launched a new strategy that focuses on representing, promoting and supporting solicitors.

Catherine Dixon said: "I am delighted and very proud to launch the Law Society’s strategy.

The solicitor profession is experiencing unprecedented change from increasing globalisation, technological advances, new structures, reductions in public spending on justice, changes in regulation and increased competition. With change comes opportunities as well as challenges and the Law Society is committed to representing, promoting and supporting solicitors wherever they may practice. Our vision is for the Law Society to be valued and trusted as a vital partner to represent, promote and support solicitors while upholding the rule of law, legal independence, ethical values and the principle of justice for all."

The Law Society strategy has three new strategic aims: • Representing solicitors - we will represent solicitors by speaking out for justice and

on legal issues.

• Promoting solicitors - we will promote the value of using a solicitor.

• Supporting solicitors - we will support solicitors to develop their expertise and their businesses, whether they work in firms, in-house or for themselves.

Catherine Dixon continued: "To develop our strategy, we met members to understand what they wanted from their Law Society. We talked about the future of legal services, legal education and training and what good regulation looks like. We also explored their different needs and interests depending on their career stage, where they work and their area of practice, recognising that if we are to be relevant, one size does not fit all. We explored the brand “solicitor”, seeking to understand the values that bind our profession together and to identify common

themes of how clients and the public regard solicitors. We have also published a three-year plan which sets out what we will do to deliver our strategy so our members can see how we can help them in an ever-changing competitive environment, whether they work in firms, in-house or as sole practitioners."

Further details of the strategy are available on the Law Society website; if you would like to discuss any aspect of it please get in touch.

Mark Hudson Law Society Greater London Regional Manager mark.hudson@lawsociety.org.uk 020 7316 5554 @LSGreaterLondon

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professional issues

PSG London Offices come together to support the Society of Asian Lawyers On Saturday 21st November, the Society of Asian Lawyers (SAL) held its Annual Awards and Ball at the Lancaster Hotel in London with PSG as headline sponsor. This prestigious event showcases the achievements of lawyers from the Asian community and recognises the hard work and dedication of individuals who continue to excel in their chosen legal fields.

As committed supporters of the local legal network, the event was sponsored by three regional PSG offices - London Central, Hounslow and Battersea - who were in attendance along with representatives from our environmental data partner Groundsure. We were also joined by the current vice president of the Law Society, Robert Bourns who was keynote speaker.

help support our local legal communities.

As a leading conveyancing search provider, we work with solicitors on a daily basis and have built up strong relationships with lawyers throughout the capital and beyond. It’s an honour to help our customers celebrate the appreciation that this event gives them.”

PSG would like to offer its congratulations to all of those who received awards and recognition for their achievements. We look forward to continuing our partnership with the SAL and would like to thank Jo Sidhu, QC and President of the SAL, for such a tremendous event. Well done to all involved!

As sponsors, we were delighted to present two awards on the night for Civil/ Commercial Lawyer of the Year, won by Sujata Sharma and Lifetime Achievement, the award for which went to Kim Hollis QC. Other awards went to Camilla ChoudahuryKhawaja for ‘Rising Star’ and Kiran Mehta for Criminal Lawyer of the Year.

The evening included a special raffle which raised £1500 for two of the Society’s nominated charities: Delete Blood Cancer and Unique Home for Girls (Punjab).

Chandra Sharma, Director of PSG London Central said “It is very important to us to

InfoTrack announce new integration with LEAP to aid conveyancing efficiencies LEAP and InfoTrack have announced an integration partnership. Solicitors using LEAP’s case management software (CMS) are now able to seamlessly carry out Land Registry Searches, Conveyancing Searches, SDLT Submissions and AP1 Transfers all within the one system via the InfoTrack system.

LEAP, lead event sponsor of the recent LawBizTech technology and educational conference, provides their CMS solution to over 11,000 solicitors globally. Positive feedback is already pouring in about the integration between LEAP and InfoTrack and the efficiencies it creates.

Maria Parker at Burtons Solicitors who comments “As a firm with 2 offices, we had to ensure we implemented a high end case management solution with a reliable, easy to use search provider to achieve business efficiencies. Previous solutions have always raised issues which is why we are delighted with the solutions provided by LEAP and InfoTrack.

12 The Bill of Middlesex

Maria continues “Features such as the ability to drag and drop documents and the pre-population of data from LEAP to InfoTrack is already adding value as with less need to rekey, we can work faster with less errors. The service has been fantastic and I would highly recommend it to other conveyancing professionals.”

Scott Bozinis, InfoTrack’s CEO, comments “Our ability to integrate with case management providers like LEAP is another step towards bringing all the timeconsuming conveyancing tasks under one roof. Both LEAP and InfoTrack use sophisticated technology that is smart but

simple and is a crucial benefit to conveyancers who want to increase efficiencies.”

Ben Aslet, Head of Marketing at LEAP says “We’re delighted to be partnering with InfoTrack, who provide fantastic technology designed to evolve the conveyancing process. Both businesses share common goals of simplifying the conveyancing process to increase efficiency and improve flexibility.”

social events

WINE OF THE SEASON with Conal Gregory, Master of Wine

Middlesex Law Society Polish Dinner & Dance Friday 11th December 2015 Reception: 7.00pm Dinner: 7.30pm to Midnight The Polish Club, King Street, Hammersmith W6 Lounge Suits £35.00 Please contact the treasurer Maria Laura Gusatu on 0208 569 0708

Law Society Special Offer...

2014 Jean Colin Pouilly Fume £75 per 6 pack, usually £16.99 per bottle.

2013 Sottano Seleccion Malbec £75 per 6 pack, usually £16.99 per bottle.

The white Burgundy district of Mâconnais tends to be overlooked but creates stunning value wines. Try the nutty, newly arrived 2014 Mâcon-Burgy ‘Les Trois Terroirs’ made by Olivier Fichet. He avoids oak entirely to ensure the clean fruit of the Chardonnay shines through. It can be safely cellared for up to three years. Lightly chilled, it accompanies fish and particularly shellfish well. £10.95 (Stone, Vine & Sun).

For a light autumnal red, be patriotic and enjoy an English vineyard wine. One of the best is Wickham Row Ash Red made mainly from Triomphe d’Alsace grapes. The vineyard was founded in 1984 at Shedfield near Southampton and now extends to seven hectares.

The 2014 has a bright cherry character, soft tannins and appealing balance. It is delicious with lamb, cured meats and cheeses. £10.99 (Waitrose online and in 23 branches).

Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect everything you value, including art, antiques, fine wine and more.

Visit www.nfumutual.co.uk/bespoke for further information.

other great deals at our shops, call: 01293 771 305 or go online: www.thevineking.com The Bill of Middlesex 13

interview

“AFFABLE BUT FIRM ” PURSUING A CONSTRUCTIVE DIALOGUE WITH GOVERNMENT BOB NEILL EXPLAINS HIS PARLIAMENTARY ROLE AS THE NEWLY ELECTED CHAIRMAN OF THE JUSTICE SELECT COMMITTEE.

An interview with Bob Neill MP, Chairman of the Justice Select Committee by Phillip Taylor MBE of Richmond Green Chambers It is probably non-practising barrister Norman St John Stevas MP (Baron St John of Fawsley) who has a lot to answer for the new system of select committees… or does he?

Some readers will probably have no idea who I am talking about here but it was the flamboyant Norman who devised and reformed the modern scrutiny structure to safeguard Parliamentary business with the creation of our current select committee system which appears to be particularly popular with the public and the media through its television broadcasts.

And this is where Bob Neill comes in as the current elected chairman of the relatively new ‘Justice Select Committee’ or ‘Justice Committee’ as it is known. It covers the work of the Ministry of Justice which was created from its previous incarnation, the Department for Constitutional Affairs.

Bob Neill has been a colleague of mine in Tory politics and as a practising barrister at the Bar for over 30 years so I was delighted when he agreed to talk about his current parliamentary work… and on a day when the Justice Secretary announced the termination of the ‘Saudi courts contract’ so the Commons Central lobby was really buzzing as we got down to business.

Bob Neill comes to the post as a highly experienced Westminster politician coming with a successful background in local government, holding high office in the voluntary side of the Conservative Party, and as highly experienced junior Counsel who practised for many years at the Criminal Bar. So he knows what we have to put up with in court when the politicians keep telling us what to do!

14 The Bill of Middlesex

Amiable Personality It is these two facets of expertise plus Bob’s amiable personality which make him such a valuable friend to the public on justice matters, when he variously describes his role and that if the committee as “constructively critical” with the aim of “bringing to account and scrutinizing the Ministry of Justice and the government’s law officers”.

So what does the JC do?

The Justice Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and associated public bodies, including the work of staff provided for the administrative work of courts and tribunals.

The JC has a website which Bob recognizes does need a bit of an update but it gives us a useful insight into the work of the committee for those (make that most of us) who have very little idea of what the JC does. At this point it is fair to say that I began to get more excited because it became quite apparent that Bob and his experienced fellow scrutineers are the possible forerunners of what is to be a crucial committee to preserve sustainable access to justice for the future with the many recent onslaughts on public legal funding.

So where do you start if you want to know more about the JC? Members of the current committee have been elected until 2020, in other words the full Parliament.

They come from a variety of backgrounds both legal and non-legal to give the JC a bit of balance. And, importantly, they have security of tenure being elected by the whole house by secret ballot.

The way JC business is arranged for the Parliament starts with their Forward Programme which looks at the sort of issue they wish to pursue. Do have a look at the website and read the “Formal Minutes” of previous JC meetings listing the agenda items. Just a quick inspection will be most illuminating for practitioners as there is an important public area for the electorate called ‘consideration of public petitions’ where there is direct link to the voter on non-personal issue matters including the usual suspects, nearly always involving money. Having said that, browsing the last set of minutes shows the inclusion of petitions on inquests, human rights and burial and cremation services… so the areas are wide and varied!

However, it is what the committee excludes which will be of interest: the consideration of individual cases and appointments; the work of the Scotland and Wales Offices and of the Advocate General for Scotland.

The JC does examine, under the item “main estimates memoranda” the administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office although again it excludes individual cases and appointments and advice given within government by Law Officers.

interview The Justice Committee is one of the nineteen Select Committees related to Government Departments, established by the House of Commons under Standing Order No.152. In essence it is not party political and works to scrutinize justice matters on behalf of the public. The finality of their work contains the reports presented to the House of Commons for debate which is where there is much bigger publicity of what the JC actually does.

The JC’s Inquiry Work Probably the most fascinating and constructive area is where the JC chooses its own subjects of inquiry which they can initiate. It allows for some investigatory freedom as a committee which exercises cross-party scrutiny. Depending on the subject, external deadlines, and the amount of oral evidence the JC decides to take, an inquiry can take several months and lead to reports to the House of Commons. In other cases, inquiries may consist merely of a single day’s oral evidence which the JC may publish without making a report.

When the JC has chosen an inquiry it normally issues a press notice outlining the main themes of inquiry and inviting interested parties to submit written evidence. It may also identify possible witnesses and issue specific invitations to them to submit written evidence. Bob did indicate that the website will be possibly reviewed to include all relevant press notices and of course documentation which is available to the public.

Legal Aid in Austerity Britain Following our interview which did feature hot topics like legal aid and criminal costs, Bob has raised concerns over the “unintended” consequences of LASPO during a Westminster Hall debate held two days later on 15 October 2015. His view was that legislation which “impacts access to justice should have an evidential basis”. He continued saying that “access to justice is fundamental to a system based on the rule of law, and it is therefore important that any changes we make to the ability of the citizen to access proper legal advice are based upon objective evidence.” Perhaps it is some comfort for advocates to know of this approach although the main decisionmaking always lies with the Treasury.

Alex Chalk MP, who is another JC member and a barrister, has reinforced Neill’s point that a review of the impact of LASPO should be carried out sooner, rather than later. A point echoed earlier at the Conservative Party Conference in Manchester when ministerial assurances

of a LASPO review were given by Lord Faulkes.

To complete the confirmation, Justice Minister Dominic Raab has replied saying that the timing of a LASPO review will take place at some point between 2016-2018 when reforms have bedded in and a “steady state” is achieved. Raab continued saying that “the precise timing and the form of the review will be guided by our assessment of the extent to which the reforms have reached a steady state, as I have already indicated, and by Government and wider stakeholder research and evidence on the impact of the reform.” We can take it, then, that there will be no early change in legal aid cuts for austerity Britain… but don’t forget about using ‘public petitions’, or should I remind you of this.

Criminal Court Fees One emerging area which I raised with Bob was the continuing and highly controversial vexed issue of criminal court fees. Pressure has been mounted for reform of criminal courts charges. The JG has heard evidence from the Centre for Justice Innovation and the Howard League, both arguing that the Government’s review be brought forward to the earliest opportunity. Whilst it would not be appropriate for me to seek the JC chairman’s personal views because this is still a current issue, I will leave it this way… that all members of the JC are well aware of the indignation and plain anger in some quarters over the introduction of these fees by Michael Gove’s predecessor Chris Grayling and the matter is still being discussed.

The oral and written evidence so far submitted to the JC has argued that the charge is: • Influencing Defendants’ choice of plea • Ineffective in recouping costs related to running courts, and • Encouraging reductions in compensation orders to offset the burden imposed by the charge.

We have not heard the last of what is seen as a MoJ policy folly but a word of warningthe JC takes time to deliberate (quite normal for us lawyers) but readers can be reassured that the JC is on the case.

Sentencing Policy Perhaps an area of long term interest to the Criminal Bar, applied criminologists, readers of “The Daily Mail” and those who regularly criticise jail terms without attending the hearing of the case in court would be interested to follow the JC’s remit on “Sentencing Council Guidelines”.

An emotive area at the best of times, I was curious to know who was on the council and how they were elected or appointed. I would hope that in one of the future JC direction setting meetings that this subject might be raised as sentencing appears a main agenda item for successive meeting. The same can probably be said for the JC’s role of ‘preappointment scrutiny’ depending upon whom the committee can scrutinise.

Members of the JC will clearly have a lot of work to do during this Parliament.

The Future So it is really a ‘thank you’ so far for the work that the committee members are undertaking. We agreed at the interview that “a constructive dialogue with government” is the approach being adopted and, to coin a phrase from the past, it does appear to be the Right Approach (I hope some members of the committee will not be unhappy with that phrase). The application of scrutiny, checks and balances are what this committee is all about and I came away feeling that the members and their chairman would not shy away from dealing with the ‘hard cases’ concerning the Executive. Whether at national or local government level scrutiny is, rightly, the function of the moment and Bob Neill’s affable but firm manner is something we as practitioners… and voters… appreciate when keeping the government in check.

Thank you.

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professional issues

MANAGING THE DARK SIDE OF ARBITRATION

by Derek Wood QC

Resolving legal disputes by arbitration rather than by court proceedings has many well-advertised virtues. It provides for due process before an impartial tribunal leading to an enforceable award which is as much binding on the parties as a judgment by the court. If it is a domestic English or Welsh arbitration, the Arbitration Act 1996, in contrast with the increasingly bureaucratic Civil Procedure Rules, empowers arbitrators, sitting alone or in a panel of three, to adopt procedures suited to the circumstances of the parties and the case which are far more flexible and adaptable than are available in court. If it is an international arbitration it will in all probability be conducted under rules or protocols which are equally flexible.

The parties - or an institution on their behalf if they cannot agree - will choose the arbitrator. He or she is likely to be a respected person who is knowledgeable in the area of trade or business from which the dispute arises, and need not be a lawyer. The parties do not have to wait anxiously to find out the name of the judge who is going to try their case, only to be disappointed to find that he or she has no familiarity with the subject-matter - or to be told at the last minute that the case cannot be listed for hearing because of the pressure of other court business.

What is the problem? In short, it is time and cost. This is the dark side. Many arbitrations, despite the liberating measures in the 1996 Act, have turned out to be court litigation by another name. The whole laborious process of statements of case, disclosure of documents, expert meetings and exchange of witness statements rumbles on. Among litigation lawyers old habits die hard. And there is the extra mouth to feed: the arbitrator, with his or her fees and expenses. There is no taxpayerfunded judge sitting in taxpayer-funded premises in an arbitration.

An arbitrator will be engaged with the case from the start and will be monitoring it throughout. Dates for case management or final hearings can be relied upon. If the case proceeds to an oral hearing, that will take place in private, at a place which suits the parties. Much of the business will be carried on by e-mail or telephone or video link. Ultimately there may be no need for an oral hearing. The tribunal’s decision can be made on the basis of documents only, including the parties’ written submissions.

The rules of court, by contrast, do not permit any case, however much it may turn simply on agreed facts or documents, to proceed without an oral hearing.

Arbitrators’ fees are and always have been a conundrum. The principal rival models are hourly rate versus a percentage of the amount in issue. Neither is entirely satisfactory. All experienced lawyers know that there is no correlation between the time it takes to disentangle a dispute and the amount of money at stake. Both systems of charging can lead to high fees.

Opposing parties who find themselves in arbitration rather than in court are typically there because of an arbitration clause in a contract or similar document requiring them to refer their disputes to this method of resolution. Arbitration agreements regularly appear in standard form contracts. Yet, despite the merits of the process, many express dissatisfaction with it. Those who choose arbitration voluntarily, without a prior arbitration clause in place, are hard to find.

The arbitration community is bringing forward a new answer to these problems, exploiting the opportunities opened up by the 1996 Act but avoiding the pitfalls: the fast-track fixed-fee arbitration. Falcon Chambers Arbitration service (FCA) has produced a model, focusing on members’ expertise in real property disputes, which is not tied to the value in issue and eliminates hourly charges. It offers parties in dispute different options, depending on how much they wish to spend and how quickly they want the dispute resolved.

The eye-catching features are the 20-day and 40-day arbitrations, to be determined, if junior counsel is appointed as arbitrator, for fixed fees of £3,000 and £6,000 respectively. The 20-day arbitration is

conducted on documents-only contained in a single bundle of not more than 350 pages, including the parties’ submissions.

The arbitrator undertakes to use best endeavours to deliver an award within 20 days of receiving the bundle. The 40-day arbitration may involve up to three 350page bundles, and there may be a hearing.

The 40 days run from delivery of the bundle or the close of the hearing. If Queen’s Counsel is appointed the fee will be higher, but nevertheless fixed. An extra fixed fee is payable if the arbitrator has to deliver a separate award on costs.

The system is supported by a simple arbitration agreement entered into by the parties and their selected arbitrator, and by straightforward single-page standard directions, which can be amended to suit the case. Because the 1996 Act applies, party-autonomy predominates, subject to the underlying obligation of the arbitrator under section 33 to ensure a fair and effective disposal of the case; and elaborate protocols and procedural paperwork are dispensed with. There are fail-safe measures which can be taken if it becomes clear, as the case progresses, that the procedure needs to be reviewed.

The model has attracted wide interest. It has the potential to restore the reputation of arbitration as a speedy, cost-effective method of dispute-resolution, incentivising everyone involved in the process to bring cases to an early conclusion at a sensible cost.

Derek Wood is a member of Falcon Chambers, a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator.

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legacies

Leaving a legacy to charity Including a gift to charity in a will is a great way to make a difference and there are also tax benefits.

Legacies are an important source of income for the charity and voluntary sector. £2.04 billion in legacy income was received in 2012/13. The most recent data from Legacy Foresight (an organisation that compiles data from 76 member charities) suggests that such legacy income is increasing (although year-on-year growth has slowed, in their opinion because of a slowdown in the rate of growth of the UK housing market).

However, legacy income is still only 11% of total income from individuals and 5% of overall income to the sector. As solicitors and will writers we can play a role in changing this. A study carried out by the Cabinet Office Behavioural Insights Team, published in 2013, found that when will writers mentioned the possibility of a leaving a legacy to charity, the percentage who did rose from 4.9% to 10.8%.

This increased to 15.4% when people were asked if there are any causes they are passionate about. Asking people at the right moment whether they want to leave a legacy is important, as is the way in which the question is asked based on knowledge of the options available.

Types of gift A cash gift, or pecuniary legacy, is a straightforward option. But the effects of inflation could mean the ultimate value becomes less than intended. This problem can be dealt with by updating a will regularly, or linking a cash legacy with inflation.

Another possibility is a gift of individual possessions, known as a specific legacy.

This might be property, shares, rights or a valuable possession. It is also worth providing for what happens if the possession is sold during the client’s lifetime, otherwise the gift might fail completely.

If a client would like a charity to benefit more significantly, an alternative option might be a residuary legacy. This involves giving all or a proportion of an estate to charity after expenses and any legacies have been paid.

Finally, for more significant estates, the client may prefer to establish their own charity.

This can happen either during lifetime, with the principal gift to that charity happening on death, or otherwise the charity is created in the Will itself. Clients can be concerned about whether existing charities would use the funds they receive in the way they would wish, or clients may have particular causes they wish to provide for. A bespoke charity can address these points.

Drafting the Will It is important that a charity is properly identified in the drafting of the legacy. The full name, address and registration number

18 The Bill of Middlesex

Pictured: Chris Rowse

Pictured: Andrew Godfrey

should be included, and this information is often available from the Charity Commission for charities in England and Wales (or Scottish or Northern Irish regulators as appropriate). Many charities have a helpful section on their website with template wording for legacies.

the EU do now qualify, if the organisation would qualify for charitable status if it was based in the UK. It may also be possible to find a UK charity which will use the legacy to carry out activities aboard in the way the testator wishes (UK charities can of course provide benefit overseas, including to foreign charities). Gifts of foreign property to a UK charity will need careful consideration which is beyond the scope of this article.

• The UK Civil Society Almanac 2015, NCVO

• Legacy Foresight Bulletin (issue 2) 2015 • The UK Civil Society Almanac 2015, NCVO ‘Applying behavioural insights to charitable giving’ (28 May 2013), Cabinet Office A legacy can be given for specific activities of the charity, subject to an expression of wishes or binding obligations. The risk of including a binding obligation is that the legacy could fail if the charity isn’t able to use the legacy for the purpose. A letter setting out the client’s wishes provides more flexibility and is often a better option. The trustees of the recipient charity should take the wishes into account, but are not bound legally to follow them.

You should also consider what happens if the charity beneficiary ceases to exist. If this is the result of a ‘relevant charity merger’ under the Charities Act 2011, and the merger is entered in the Charity Commission’s register of charity mergers, the legacy will usually take effect as a gift to the successor charity. However, a legacy may fail if the wording provides that the charity must be in existence at the date of the testator’s death.

If a legacy intended for a charity fails, the property will become part of the deceased’s residuary estate. To avoid this it is advisable to discuss with clients whether they want to include power for executors to choose a suitable alternative charity if the intended charity no longer exists.

Tax benefits There is no Inheritance Tax (IHT) on gifts under a will to charities or community amateur sports clubs (CASCs). Legacies to overseas charities are mostly not exempt from IHT. But gifts to an organisation within

The value of a gift to a charity or CASC will be deducted from the estate before IHT is calculated. In some cases this may bring the total estate value below the taxable threshold, which is £325,000 for 2015/16.

This may also be used in conjunction with the increased nil rate band as proposed in the recent Summer Budget.

Where an individual leaves more than 10% of his or her net taxable estate to charity, the estate will benefit from a 36% rate of IHT, which is a 10% reduction from the usual rate of 40%.

Charities are not liable to capital gains tax (CGT). If the executors sell assets a CGT liability may arise against the executors.

This can be avoided by appropriating the assets to a beneficiary charity, and the executors will then sell as bare trustees on behalf of the charity. If the asset is land it will be necessary to comply with provisions in the Charities Act 2011 concerning the disposal of charity land. Care will be needed regarding a potential SDLT charge arising when the estate still has liabilities at the time of appropriating land.

Final tip It’s a good idea to encourage clients to let a charity know that they should benefit from a legacy under a will, as this helps charities to plan ahead.

Andrew Godfrey and Chris Rowse are both at Russell-Cooke LLP. Andrew is a Partner in the Private Client Team and Chris is a Senior Associate in the Charity and Social Business Team.

legacies

The future of cancer research starts with you It’s hard to know what the future might bring but we do know that cancer is something that touches us all. Sadly many of us will experience, or indeed will already have experienced the impact that a cancer diagnosis can have - it can be devastating, everything changes.

Thankfully advances in our understanding of the biology and genetics of cancers mean we now have more targeted treatments and are able to diagnose cancers earlier, so survival rates have improved significantly in recent years. In fact between 2006 and 2011 survival from diagnosis doubled from an average of five years to 10 years.

But we have a long way to go. Survival rates vary greatly between different cancer types and we currently only have drugs that target 5% of the 500 cancer genes we know of.

At the ICR we want to continue developing more effective treatments for patients, no matter what type of cancer they have and our track record in this area is unrivalled. It was our scientists who developed the drug abiraterone which recently became available

on the NHS for men with advanced prostate cancer - men who previously had no further treatment options.

There is no one-size-fits-all way of treating cancer and it can take many years of research to produce a discovery that leads to a new treatment; for example, it took 20 years before abiraterone could be used widely in the clinic. At the ICR we are working to increase the speed in which new treatments get to the patients who need them, but we can’t do it alone. That’s why legacies are so important to us. Knowing that we can rely on future funds allows the ICR to embark on major research initiatives and invest long-term in finding solutions to defeat cancer.

“Having been a researcher at the ICR for almost 20 years, I have seen it go from strength to strength. I am proud of the impact its research has had, and will continue to have in the future. I decided to leave a legacy to the ICR in my Will because I want their vital work to continue”

To find out more about the difference legacies could make to the future of cancer research,

Professor Robin Weiss FRS, former Director of Research at the ICR

please visit our website icr.ac.uk/legacy or call Marcia on 020 7153 5387 or email legacy@icr.ac.uk

The Bill of Middlesex 19

legacies

SBA - a good friend in times of need SBA The Solicitors’ Charity has been working at the heart of the profession for over 150 years to ensure that no solicitor is unsupported in times of need or crisis. Many Middlesex lawyers have known about the charity since the day they were admitted but for others, news that the profession has its own benevolent fund, run by and for solicitors and their families, is a complete surprise. £230,000 to Middlesex lawyers and their families SBA’s core purpose is to relieve the financial hardship of solicitors, former solicitors and their dependants. In the last ten years, SBA has distributed £230,000 in outright grants and interest-free loans (usually secured) to Middlesex lawyers and their families.

e-learning, portal-based service, backed up with one-to-one skype and telephone coaching. Where appropriate, SBA can also provide financial support during the programme, so that participants can really focus on their job search, rather than worry about day-to-day household finances.

Visit www.sba.org.uk for more information, telephone us in confidence on 020 8675 6440 or email sec@sba.org.uk

Help spread the word

Awards cover a wide range of essential everyday needs, including help with the basics, such as food, clothing and heating.

SBA can also help with one-off items, when boilers break down or roofs need repairing.

On occasion, we can take care of priority debts, if clearing them will bring household finances back on to a permanently even keel.

Despite being one of the best known of the legal charities, general awareness of what SBA can do to help - especially amongst younger solicitors and HR professionals - is still too low and we need our colleagues in Middlesex to help spread the word. If you know someone who is finding it hard to cope, please mention SBA. If we can help, we will.

Help with career transition

A legacy to the profession

SBA now offers help with career transition as well as financial support. Solicitors who qualify under the financial criteria can join a three-month programme which offers holistic career, job search and wellbeing support via a professional consultancy. This is an

A gift in your Will can help SBA transform the future for many solicitors and their families.

Loved ones come first but a gift in your Will means you can leave a lasting legacy of support for those whose lives in the law have been spent helping other people.

Funding › Research › Cure

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

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

Tel: 0208

296 3698

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

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

20 The Bill of Middlesex

Charity Reg. No. 800952

legacies

Canine Care Card Some dog owners worry about what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time.

Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into happy new homes.

Two such dogs are Poppy and Petal, a devoted duo who arrived at Dogs Trust Bridgend after their owner passed away unexpectedly.

Whilst the loveable pair were unable to be cared for by family members, Dogs Trust Bridgend was able provide them with a home away from home while they awaited their furrytale ending.

Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving owner. Currently being cared for by the staff at Dogs Trust Bridgend, Petal and Poppy are awaiting a loving new family to give them a second chance at happiness.

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

The Bill of Middlesex 21

professional issues Third in the series of extracts from the...

The Rise and Fall of Legal Aid

by Alured Darlington

“I truly hope this book is published - there was a time when everybody was entitled to be represented and put forward their defence, innocent until proved guilty. Without legal aid to give clients the representation everyone deserves, what will become of our society? I honestly dread to think. This book will be a reminder of the ‘good old days’ and an insight to young ones into the legal aid system as it was and how it should remain” Foreward by Jean Brathwaite, Legal Secretary

Chapter Three

The Missing Witness Every lawyer remembers his first murder case and I have no difficulty in remembering mine even though it was nearly 50 years ago.

The alleged murder related to a man accused of stabbing to death his wife’s lover. There was no doubt that he had done so and the only possible defence to murder was provocation.

The defendant said that there had been a confrontation outside the victim’s house when something had been said that caused him to snap.

I did not at the time have any regular practice at my local magistrates so was quite surprised when a legal aid order for a murder case arrived in the post, I had not received any recommendation for this case nor had the client asked for me so it could only have come through the Court office.

I do know that about that time I had a confrontation with the Chairman who made an observation which could have been interpreted as meaning that I had mislead the Court. I certainly had not done so but felt that if I did not have the confidence of this court. I could no longer practise there because this purported lack of trust could rebound on any client that I represented. I wrote to the Court and said that this was my intention. By return of post I received a letter from the clerk inviting me to see him. I did so and was assured that the Chairman has been wrong and inviting me to continue to practice at the Court. I continued to do so for the next twenty five years.

I obtained instructions from the client, briefed John Hasan QC and Alistair Troup and believing that I had done everything possible, went on a family holiday to the North of Scotland.

It was while I was in Scotland that I realised with mounting horror that there was something that I should have done. The only witnesses to the confrontation were the defendant and the deceased victim. Apparently no one else had seen or heard it.

But it was essential to check this out and I had failed to do so. The trial was already listed for hearing after my holiday.

22 The Bill of Middlesex

Accordingly I cut short my holiday, went to the street where the killing had taken place and knocked on each door to find out if the householder had any knowledge.

Every householder had no knowledge but there was just one exception and he was vital. He recalled the conversation and that just something had been said by the deceased that could be interpreted as reflecting on the defendant’s sexual performance. That was enough to warrant him being called as a witness and he agreed to do so.

I attended the trial with both defence counsel but when the time came to call the witness he was nowhere to be found. I made a desperate phone call to my articled clerk Mike Reed who by a miracle found the witness in a pub and persuaded him to accompany him to court where he gave evidence in accordance with his statement.

But that did not mean that the defence had nothing more to establish. There was a weakness in the defence account which was not in dispute, the defendant stabbed the victim with a knife that he had brought with him from his own home. This threw doubt on the defence that it was the deceased’s remark that led to his death.

In the event it was leading counsel’s powerful speech that proved just enough to persuade the jury to acquit the jury and substitute a verdict of manslaughter on the grounds of provocation for which the defendant received a sentence of the three years imprisonment.

But the essential element of this case, which I would ask Mr Grayling to consider, is that but for the witness, it is very likely that the defendant would have been convicted of murder, and if still alive and at liberty now, would still be liable for recall on licence.

Success or failure in any criminal case cannot be determined by a half- hearted cost conscious attempt to do the minimum work that appears necessary because there will always be work that in the event does prove to be necessary and which makes all the difference. This was also very apparent from Lawrence’s F’s case referred to in Chapter twelve. The devil is indeed in the detail.

Michael Reed one of my first articled clerks, and still practising, was a joy. Originally trained as a barrister

he had rebelled at was then the elitist attitude of the senior profession which he regarded as snobbish and inconsiderate. He turned to the solicitor’s branch as being more concerned and interested in the client. He obtained high marks in his examinations and is a quietly spoken and persuasive advocate. He was delightedly unconventional and sometimes wore sandals in court.

My only other murder case was simpler and involved a man who had formed the conscious belief that his computer was in some way effected by evil spirits .I advised in this case that there should be a full comment interview when the defendant’s delusions were made very clear. The judge ordered a hospital order and the defendant was released from hospital two years later.

...other pages will be published in forthcoming the Bill of Middlesex or if you can’t wait, go online: http://issuu.com/benham/docs/ the-rise-and-fall-of-legal-aid

travel

SIMPLEXITY TRAVEL MAKES IT AS EASY AS - ONE, TWO, SKI. Everyone knows that organising a group holiday - be it for friends or for family can be hard work. But when it comes to a ski trip, with add-ons like insurance, equipment, tuition and passes, it can be even more of a headache.

W

hich is where Simplexity Travel comes in. One of the UK’s most successful and innovative travel management companies, it is experienced in arranging all types of ski holiday - whether for families, large groups or indeed for team building exercises and corporate entertaining many with very specific, and at times unusual, requests!

Because Simplexity is not a tour operator, it is not bound to specific resorts and accommodation. What’s more, every ski experience is tailor-made to a client’s needs and tastes.

It is not difficult to see why employing a company such as Simplexity would be so appealing to time-pressed individuals.

Put simply the company can offer a one stop shop, able to organise everything, whether it’s scheduled flights, private jets, helicopter transfers, luxury chalets, private tuition or restaurant reservations.

Its modus operandi however is not only to execute every bespoke trip with

perfection and discretion, but to give personal service 24 hours a day, 365 days a year. A very useful facility should a last minute crisis at work affect travel plans.

themselves down a mountainside, Simplexity’s experts will point them in the direction of resorts such as Val d'Isere and Kitzbühel which can offer non-skiers a myriad of activities.

Simplexity can offer a range of allinclusive options in the world’s top ski resorts. But should you prefer to do your skiing off the beaten track it can assist there as well. How about for instance the powdery pistes of Oukaïmden?

Morocco's only true ski resort boasts some serious slopes accessed by North Africa's highest lift and, less conventionally, donkeys.

Simplexity also enjoys connections with the world’s most luxurious private ski chalets, from New Zealand to Zermatt, many with indoor swimming pools, outdoor hot tubs, gyms, hammams, private cinemas and Michelin-trained chefs as standard.

For more information on Simplexity Travel Management, please see www.simplexitytravel.com or call Mark Smith, Head of Business Development, on 0203 535 9290.

For the more adventurous kite skiing and heli-skiing both offer the chance to experience some of the most sensational settings and conditions imaginable.

While for those who don’t wish to hurl

The Bill of Middlesex 23

agricultural law

R.A.B.I - the Royal Agricultural Benevolent Institution R.A.B.I - is a welfare charity which helps farming people in financial difficulty. Each year we support around 2,000 farming families and pay out around £2 million in grants.

Our farmers produce the food on which we depend and are the guardians of the countryside we enjoy. But the industry operates against a backdrop of constant and increasing pressure. For example, dairy farmers have been losing several pence on each and every litre of milk they produce; due to a substantial drop in the prices they are paid. And that’s since the Commission for Rural Communities found, in 2010, that one in four farming families live on or below the poverty line.

It is typically a very proud community, but R.A.B.I’s experience is that a combination of factors and events can eventually take its toll on even the most resilient of farmers and farm workers. This is why we always encourage those with limited savings and low incomes to get in touch rather than suffer in silence.

Support is offered in confidence to people of all ages, and includes one-off, emergency or regular payments, as well as the provision of essential household

items and disability equipment. For working farmers, R.A.B.I can also fund relief staff to help in a crisis, and training through our Gateway scheme. This helps struggling farming people to develop their skills so they can increase their income off-farm and support themselves.

For the retired and disabled, we can also pay towards care home and home-help costs - and we run two residential homes of our own, in Suffolk and Somerset.

Our vital work is funded by both investment income and voluntary donations. Typically, money is raised at events arranged by county volunteer committees, businesses, community groups and our own fundraising staff; or donations come from charitable trusts and last but not least, gifts in wills. It’s thanks to a major legacy that we have been able to embark on a significant redevelopment of Manson House in Bury St Edmunds, one of our residential homes. But every gift, however small, helps us make a difference to farming people in need. We always say to our supporters: if the time is right and you are thinking of making a will, after taking care of loved ones, please consider helping R.A.B.I too.

Royal Agricultural Benevolent Institution

We help farming families in financial difficulty.

Farmers produce the food we depend on and look after the countryside we enjoy. Yet one in four lives on or below the poverty line (Commission for Rural Communities, 2010).

Loved ones come first, but if your clients are able to leave our charity a gift in their will, however small, we promise we will value it highly and use it to change lives for the better.

Helpline: Website: General enquiries: Email:

0300 303 7373 www.rabi.org.uk 01865 724931 info@rabi.org.uk

www.clc-uk.org/changing-regulators or call 0207 250 8465 24 The Bill of Middlesex

Charity Reg. No. 208858

agricultural law

In The Spotlight: Proprietary Estoppel There aren't many people who can tell you the price of a pint of milk. The estimated 10,000 dairy farmers in England and Wales can. They can also tell you the farmgate price and the cost of production. As the recent media coverage has highlighted, the dairy industry is in trouble as world markets have depressed the farmgate price to below the cost of production. The price of milk is influenced by such factors as the instigation of sanctions against Russia, the up scaling of milk production in Ireland and dairy units being built in China on an immense scale.

The majority of dairy farmers (or their families) own the freehold of the farm. When incomes are falling, it is little comfort to know that their capital assets have increased in value more than three fold over the past 10 years as land prices have spiralled from an average of £2,500 per acre to over £8,000 an acre.

Many farming families do not take a proper wage out of the business and are "employed" in the knowledge, or on the promise, that they will benefit from the capital, rather than the income. This is true of many farming families, not just in dairying.

It can, of course, be a source of conflict, particularly as the value of farmland now means that it is worth arguing about. In the last year, the High Court has ruled on two cases involving farming families in Wales, coincidentally both called Davies, which have once again thrown the doctrine of proprietary estoppel into the spotlight.

In the second Davies v Davies case ([2015] EWHC 1384), James (57) was one of five children. His father died in 1999. By wills made in 1999, the parents made substantially similar provisions in respect of the farm whereby it was left on trust for James until he reaches the age of 60 or dies earlier and subject thereto on trust to sell and divide the proceeds into five shares, one for each of the other four children with the fifth share for the James's children.

James's view was that the provision in the wills was contrary to oral promises made by his father and assented to by his mother. He said that verbal assurances had been made that if he worked on the farm it would eventually be left to him. The promises had been made over a period of 40 years, starting when he was 16 years old. In reliance upon those

assurances he decided to work on the farm rather than pursue a career as a police officer, and did so for long hours at low wages. James argued that as a consequence, the beneficial interest in the farm belonged to him as a result of the doctrine of proprietary estoppel. As is commonly the case, there was no documentary evidence in support of the promises and his mother did not recall them. The witness evidence given at trial was the determining factor.

In assessing the evidence and the estoppel claimed, the court referred to the comments of Lord Walker in Gillett v Holt [2001] Ch 210 in which he stated that the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all elements of the doctrine of proprietary estoppel and the court is required to look at the matter in the round.

The judge in Davies ruled that the balance of probabilities favoured James's making the following findings on the evidence before him: • James's father had been keen to keep the farm in the family and James had been the most likely candidate to achieve this aim; • In later years, relations between James and his parents had deteriorated and the wills were drawn up during this period; • The "promises and conduct amounted to a clear thread which played a significant part to a greater or lesser extent, and reasonably so, in each of the important decisions which [James] made in relation to the farm"; • James had relied upon those promises and that conduct to his detriment; • Although there were countervailing benefits

Tim Price, NFU Mutual Rural Affairs Specialist

enjoyed by James to be taken into account, there was "a substantial balance of detriment" which would make it unconscionable to deny James an equity in the farm or to allow the provisions set out in the wills to take effect.

James was awarded a beneficial interest in the farm, with the exception of the bungalow. His siblings did not get anything. Some might say that was a fair outcome after years of working for low wages, giving some security in an uncertain industry. Others might take the view that it was a windfall, against the wishes of parents who had thought they were benefitting their children equally. What it does show is that estoppel cases are unpredictable, particularly when the claim is largely based upon witness testimony rather than documentary evidence. If a case is unpredictable it is less likely to settle.

There is a difficult balance faced by land owning families who have competing, often mutually exclusive aims: on the one hand, a real and genuine wish to try and achieve fairness between children and on the other, an understandable desire to see the legacy of a hard earned, lifetime's work continuing within the family for years to come. As is so often the case, family dynamics and relationships shifted over time and the impact of this can be significant.

Josie Edwards is a Solicitor at Michelmores LLP. Michelmores has the largest team of agricultural lawyers in the country, offering practical and commercial advice to landowners, farming businesses, landed estates, institutions and others with interests in land and the wider rural economy. www.michelmores.com

"However, in an increasingly competitive global market place it is more important than ever for farmers to be able to plan ahead and invest to keep at the forefront of technological and marketing developments.

Key findings are: 54% of owners have no succession plan 64% of respondents believe that a lack of succession planning is a threat to the future of the farm 46% have not made a plan because of the difficulty of raising the issue of who will take over the farm 33% said they had not planned because the farm could only support one successor In 28% or cases, the farmer had no plans to retire 24% of owners said they could not afford to retire 18% said they had not made plans because of family conflict 36% of farmers plan to pass the farm on to the eldest son 35% of owners planned to share the business amongst more than one child 14% of owners plan to pass on the business to a child who isn’t the eldest

"To research the challenges farmers face we have teamed up with Farmers’ Weekly - and the responses to our online survey of over 700 farmers confirms that this is a worrying problem, with potential to threaten the long-term viability of thousands of farms.

"We hope the survey findings will help farmers see a way ahead - and open up channels to discuss the thorny topic of succession with family members. It’s an issue which is all to easy to put off to another day - but failing to plan ahead could mean the present generation farming your land could be the last."

"At NFU Mutual we know that our members view farming as more than a business.

It’s a way of life for families who have often farmed for generations and involves family members of all ages.

"And because the running of the farm is so tightly woven into the fabric of the family, it can be very difficult for farmers to make long-term plans for the future of the farm, including who will eventually take over.

The Bill of Middlesex 25

conveyancing focus

The Council for Licensed Conveyancers The CLC was created 30 years ago to act as a driver of innovation and competition in conveyancing services, clearly focused on consumer choice as well as consumer protection. There was no pre-existing profession on which to impose regulation but rather a new cadre of lawyers to support in developing new business and service delivery models. Since then, we have added probate to the services that we regulate, maintaining the specialisation in property law services.

Our origins make us fundamentally different from other players in the field of legal services regulation. They mean that we are able to regulate modern approaches to the delivery of legal services. We offer a distinct choice to new and existing legal businesses in the conveyancing and probate fields thanks to the opportunities created by the Legal Services Act 2007.

Barriers to a truly free market in regulation remain and it is important they are removed so that providers of legal services have a genuine choice of regulatory regime that is best fitted to their work and that can support them in developing a thriving legal business.

High standards through specialisation The CLC is a specialist regulator of specialist lawyers. Our qualification in conveyancing is at degree level. That specialist qualification in just one area of law gives the practitioner enormous strength and depth for expertise and provides consumers with a very significant guarantee. Soon we will add a stand-alone qualification in probate to our qualification options.

This level of specialist education and training along with practical experience means that an accreditation scheme for Licensed Conveyancers is unnecessary. The fact that lender instruction of licensed conveyancers on the same basis as solicitor members of the CQS scheme underlines that.

Greater freedom Because of our specialisation we are able to take a different position on two key issues.

We have not banned referral fees in relation to conveyancing work because, as long as the client is fully informed, we can see no consumer detriment or other evil that arises.

It is very unlike the position in relation to personal injury work that other regulators needed to deal with and where referral fees were giving rise to a dubious industry and fuelling a compensation culture.

26 The Bill of Middlesex

The second point is that Licensed Conveyancers have long been able to act for both sides in a transaction. With the correct arrangements in place with the law firm conflict of interest in relation to the buyer and seller for whom different conveyancers in the firm are working is avoided.

On a practical level, acting for both sides can save buyers and sellers a great deal of time and money. Our policy is supported by the Legal Services Consumer Panel which has noted that it has posed no difficulties over the years and that it is appreciated by clients. Again, the key is that the consumer is able to make an informed choice and gives their informed consent.

The future At the CLC we are planning for a future market in legal services that we know will be very different than the present. CLCregulated firms outperformed the wider market during the recession after 2007. They began to recover sooner and more quickly than the general conveyancing market, carving themselves out a larger market share.

As more firms choose specialist regulation, demand for appropriately qualified conveyancers and probate lawyers is growing. So we are delighted to have worked with groups

Sheila Kumar, Chief Executive

of firms regulated by the CLC and SRA to develop apprenticeships in conveyancing and probate. They will offer new routes to a legal career that meet the expectations not only of young people but also of career changers today. They will provide a strong pipeline of specialist lawyers for specialist firms.

Find out more There’s a great deal more information about the CLC on our website, of course and you can always reach me on stephenw@clc-uk.org

conveyancing focus

When change is not a good thing - Planning This year’s Housing Bill intensified the focus on housing supply, and for good reason: if we are to reach the required number of new dwellings a lot of land needs to be found and a lot of property needs to be built. Indeed, according to the Barker Housing Review, 250,000 new dwellings need to be found per year. This increases the risk of development threatening your client’s investment, the surroundings, the view and potentially the value. This remains an issue whether it relates to a residential property or a commercial development.

In the race to try and achieve this magic number there has been a marked increase in the change of use applications to convert office blocks to multiple apartments. However, commercial conveyancers and their clients must take care on the setting and suitability of their proposals. Paul Addison, Managing Director of DevAssist, who provide professional opinions on planning reports, says: “There is a clear need to understand the issues before the costs start to mount”.

Case study This planning application was lost on appeal. It concerned plans to redevelop three office buildings, within a conservation area, as 24 flats. Whilst the number of flats proposed was nothing out of the ordinary, the impact of the scheme on its surroundings was considered to be a problem.

The removal of trees to accommodate car parking and the scale of development on a part rural, part brownfield plot would make it considerably more visible than the existing buildings. It was considered to give the site an urban appearance. There was little development within the conservation area and it was considered that this scheme would not contribute to the character of the locality. The architecture of the village in which the site sat was built in the Arts and Crafts style, fashionable between 1800 and 1910, and the design failed to reflect this.

In addition, the site was designated as having a significant flood risk and alternatives had not been assessed in response to this. Indeed, the removal of trees could lead to potential harm to

biodiversity, given the proximity to a Site of Importance for Nature Conservation (SINC).

Understanding the context is at the heart of a successful planning application. STL is delighted to offer commercial conveyancers the DevAcquire report, which ensures your client understands the opportunities or restrictions that could impact on their potential investment.

The report scans up to 75m beyond the full perimeter for sites up to 50 acres. It assesses land use zoning restrictions or past activity, permissions or refusals that signpost sensitivity for commercial development and also includes change of use. Knowing up front, allows your client to review the risk and/or the reward on the asset.

Next steps For more information on any of the interpreted planning and development risk reports from DevAssist, call STL on 0800 318611 or email info@stlgroup.co.uk

The Bill of Middlesex 27

conveyancing focus

Technology in Conveyancing Opportunity or Threat?

The technology revolution is transforming conveyancing, from big ideas such as the Land Registry’s ambitious plans for the digitisation of Local Land Charges to online chain management and electronic transactions. What does this changing landscape mean for conveyancers?

With such high value transactions the conveyancing profession is finding itself under attack from cyber criminals who are targeting the profession. Their methods are wide, varied and most importantly clever; they are obtaining mortgage funds by fraud and, as we have seen in this year’s SRA Risk Outlook, the creation of cloned vendor firms (bogus firms) to steal client’s money is a serious threat.

There is also now an expectation that conveyancers will utilise the range of IT services available to them to safeguard their client’s transaction. Professional negligence claims are on the increase and property solicitors are more likely than any other member of the profession to face a claim. Lack of awareness of the risk management and compliance services that are available in the modern era is not likely to be accepted as a defence when faced with a claim.

So what can conveyancers do to help themselves?

Firstly don’t panic! As the conveyancing world changes, it can easily seem daunting. However you don’t need to be particularly IT literate to compete and thrive in it.

Tony Clarke, Operations Director at Searchpoint explains why it is imperative that firms and conveyancers move with the times; “Conveyancing is a vibrant and dynamic area of the legal profession. There’s a lot of support and a range of IT based services that conveyancers can call upon to help mitigate risk and protect their clients.

Being aware of and employing these services shows that you have acted responsibly and with reasonable skill and care. Ignoring technology and the risk management tools that are available for conveyancing solicitors isn’t an option and could be the biggest risk of all.’

Website Security - First and foremost is the security of the online services that you use, how easy is it to hack and for criminals to gain access to your client’s information? There are two quick ways for you to test this; does the website address begin with https and show a locked padlock before the web address? If so then the website is secure and uses encrypted data making it harder to get into. Secondly you should have a password to gain access. This password should not be visible to anyone including the owners of the website. You can test this yourself by phoning your service provider and asking for your password, if they are able to give it to you then it is recorded somewhere which means it can be obtained and used fraudulently.

Vendor Firm Clones - Lawyer Checker is a commercially available service, with a database which determines whether the bank account searched against has a track record of successful use within conveyancing. Although acting innocently the results of being duped by a bogus law firm could be devastating for a firm including removal from lenders panels, stress, distraction and brand damage.

Electronic AML Checks - These are an excellent way to support your Customer Due Diligence and help ensure you are meeting your obligations under the Money Laundering Regulations 2007. As well as matching personal data with recognised and reliable sources such as the Electoral Roll they also provide matches against negative information sources such as mortality databases, PEPs and Sanctions Lists from all over the world.

planning applications, energy exploration schemes and infrastructure projects.

Searchpoint are the leaders in this type of screening, providing you with a report which you can give to your client. The report details the hazards that have been screened for with the results in a traffic light format. This shows thorough screening on behalf of the solicitor but also provides protection, as it is up to the client if they wish to order additional searches, the solicitor has done their bit in informing the client of the potential problem.

Auto Boundary Mapping - This is a new feature which is starting to appear on a number of search provider websites.

The freehold title boundary that surrounds a property is automatically shown when a case is created. This helps ensure the searches are ordered on the right property.

It can also save time when ordering searches as you don't have to find and attach a boundary plan. instead you have the option to select the freehold boundary as registered at Land Registry via an interactive map.

Tony Clarke - is Operations Director of Searchpoint, an online search partner.

More information can be found at www.searchpoint.co.uk

Search Alerts - These are widely available and used by most online search providers. A property is screened against various databases to reveal if a hazard is present, which could affect your clients purchase. These include hazards which you may not be aware of such as;

Proactive, Professional, Problem Solving.

Searchpoint provides a comprehensive range of conveyancing searches, insurance products and compliance tools for the conveyancing professional.

T. 0845 680 5608 l E. enquiries@searchpoint.co.uk l www.searchpoint.co.uk

28 The Bill of Middlesex

conveyancing focus

Fixing The Roof While The Sun Shines As I write this ironically titled editorial the radio weather report has officially declared that a full months rain has just fallen in the last five hours across Dorset, Hampshire and much of the Thames Valley. Extreme and unforeseeable or highly likely and pretty much predictable approaching a Bank Holiday?

So with plenty of experience and a healthy dose of English cynicism, why are we surprised by and always unprepared for even gradual changes in circumstances. How many of us have sat back with cool drink in the sunshine and said ‘I must clean out that guttering this weekend’ then done nothing?

Conveyancing is not that different. Every year we see the peaks and troughs, the property market is steadily recovering with increased instructions and higher valuations but it’s by no means booming. On the surface this should be the perfect time to take a look at the roof and prepare for extreme and unforeseeable or highly likely and pretty much predictable.

Of course it’s well recognised that the collapse of the housing market put a huge strain on the conveyancing profession, many practitioners left the profession altogether (some never to return). Conveyancing is the bedrock of many law firms income streams but so rarely is its potential as a growth vehicle recognised deliberately developed.

In many firms, conveyancing is almost a loss leader. Fine if this is part of a conscious strategy, but irresponsible if it’s an un intended or unrecognised consequence.

Depressed fee levels are still the norm in many practices and as volumes of instructions increase, the need to keep up with the workload is preventing many Managing Partners and heads of department from recognising key issues affecting their firm’s profitability and productivity. They’re too busy driving the car to stop and put petrol in it.

Let’s look at a case in point.

Thomas Legal Group is a niche law firm specialising in property law. They are conveyancing experts dealing with all aspects of residential and commercial property conveyancing.

Like a lot of busy practices they didn’t realise they had an issue in terms of producing new quotations and converting enquiries into instructions.

By working with PIE and adopting MYFEES their team have increased conversion of enquiries to instructions from roughly 1/3 to

more than 3/4 while increasing average fees by more than 10% per case. Step changes like this didn’t come over-night, but detailed Management Information accessible through MYFEES allowed Thomas Legal Group and PIE’s Legal Services Manager, to identify the most effective steps to move their business forward.

Simon Thomas; “Once we’d been using MYFEES for a while it became clear that we could confidently enable others to successfully provide conveyancing quotes within our business. There was no point in myself and my partners giving out quotes so we appointed a dedicated quotations administrator who was already working in sales and trained her in house as it was vital that she should live and breathe the Thomas Legal Group ethos of customer service excellence. MYFEES enabled us to tailor our quotes to portray our firm’s progressive and service focussed image”.

PIE have brought quite a number of other benefits to Thomas Legal Group.

“Before MYFEES it was very difficult to determine what changes to our pricing would do to our conversion rates or whether selling points such as ‘no completion, no fee’ were effective or not. Also although we had invested in our website, making it smart phone and tablet friendly, we couldn’t track leads generated from our website, so we didn’t know whether the site was generating business or not, with MYFEES all of that changed”.

By the time this item goes to press it’s anyone’s guess what the weather will be doing. Thankfully for now, the property market is a bit more predictable and clearly some firms are taking a look at what they’re doing, how and why and recognising that there are painless cost effective measures that deliver fundamental business improvements without compromising quality and professionalism.

Simon Thomas is a founding Partner in Thomas Legal Group and heads up their London Office.

David Burrell is Legal Services Manager at PIE and Brighter Law Group. Contact: david.burrell@poweredbypie.co.uk 07977 348 348 Andy Watson is Channel Development Director at Property Information Exchange and Brighter Law Group.Contact: andy.watson@poweredbypie.co.uk 01189 769 479

Working with PIE isn’t just about technology and business development input; PIE share a passion for service excellence and customer care.

“PIE’s support service is absolute marvellous, we make it difficult for PIE as we are always looking to do things differently but you always manage to deliver”.

The Bill of Middlesex 29

conveyancing focus

The Planning Accelerator 2015 has seen the government introduce a range of measures and initiatives to aid the Planning process and in turn help developers in a bid to increase development across the country. This article looks at some of the key changes and issues with a focus on Permitted Development Rights.

Permitted Development Rights The UK government introduced a temporary Permitted Development Rights (“PD Rights”) in 2013 allowing PD Rights to be used for changes of uses to residential without the need to apply for full planning permission. In April the Town and Country Planning (General Permitted Development) (England) Order 2015 (“GDPO”) consolidated the previous legislation, further extended certain PD Rights and introduced a range of new initiatives. Householders and developers can benefit from the following: 1. Storage and distribution buildings can change to dwellinghouses; 2. Casinos or amusement arcades can change to dwellinghouses; 3. Up until 30 May 2019, householders have the opportunity to build larger single storey rear extensions under PD Rights. The permitted depth for single storey rear extensions was doubled from 4m to 8m for detached houses, and from 3m to 6m for all other houses. Although prior approval is required for larger extensions Local Authorities must make a decision within 6 weeks (rather than the standard 8 weeks for a planning application) and if not, then they are deemed to approved; 4. PD Rights can be relied on upon for basements conversions, however, they cannot be used if the create a separate unit of accommodation and/or alter the external appearance of the property. Planning permission will still be required if any light well was required; 5. Class O can be relied upon for office to residential conversions. However there are a number of restrictions. a. they are currently only in operation until May 2016, and an update is awaited as to whether they will be extended b. the property must have been in use as B1(a) offices at May 2013

30 The Bill of Middlesex

c. the entire unit must be B1(a) use class d. prior approval is required for office to residential conversions, this requires submitting information in relation to highways, flooding and contamination to the Council.

However this is of benefit to developers as it does mean that PD Rights can only be rejected on these grounds.

Although the PD Rights provide a range of changes and initiatives, it is important to note the following restrictions: 1. They do not apply to; flats, maisonettes or listed buildings or buildings within the curtilage of a listed building and therefore planning permission would still be required for these properties.

2. In some 'designated areas', PD Rights are more restricted. These include; Conservation Areas; where there are Article 4 Directions (preventing PD Rights being used) or Sites of Specific Scientific Interest and therefore planning permission would still be required.

3. Historic permissions for certain properties may be restricted by a condition that prohibits a use other than B1(a). A S73 application may need to made to have it varied (and therefore appropriate planning justification for that removal needs providing).

4. Some properties are subject to a restrictive condition attached to the grant of planning permission that removes PD Rights. Planning permission would therefore be required.

5. Developers still need to abide by Building Regulations approval and any s.106 Agreements which are required by the Council.

Productivity Plan The Treasury’s Productivity Plan aims to reduce cost and uncertainty for developers and aid efficiency. Some of the individual key announcements are considered in turn:

Enforcing the completion of local plans the government will be able to intervene and draft local plans to aid faster adoption and promote sustainable development where local authorities fail to deliver a local plan. Residential developers may therefore find opportunities where Local Plans are not in place as the LPA will need to identity the necessary 5 yr supply in its draft plan.

Changes to Permitted Development Rights in London - currently there are limited rights to build an extra storey at the back of buildings, however new changes will mean upwards extensions will no longer require planning permission to increase the number of storeys to match the neighbouring property.

Zonal system - this seeks to provide automatic planning permission on all suitable brownfield sites which have either been previously developed or stand vacant/derelict at present. Registers will be complied and landowners will need to actively engage to try and ensure any appropriate landholdings are included.

Planning Decisions - local authorities will be penalised for making 50% or fewer planning decisions on time within the current 8 week planning decision target.

This in theory will speed up the planning process but resources will be required internally to ensure this happens in reality.

Developers should take comfort in ensuring greater numbers of applications will be dealt with within the statutory time limits.

Conclusion Developers, in particular house builders should be encouraged by these news measures which aim to improve property led growth and provide means for effective development. Resourcing the measures could be a potential hindrance to success however recognition from the government on all of the above shows change is needed and a step in the right direction.

news

IP IS IMPORTANT - BUSINESSES KNOW THIS, BUT WHAT IS IT? WHY IS IT IMPORTANT? AND WHAT DOES SOMEONE WHO IS A CHARTERED PATENT AGENT/ATTORNEY HAVE TO DO WITH IT? IP is intellectual property. The term encompasses patents, registered trade marks and passing off, registered design and unregistered design rights, copyright and rights in confidential information. These are all rights of action in intangible property, to which the words “Industrial” and more particularly “intellectual” have become attached, because they embody intellectual effort. Often they are of great value.

IP is important because the right to stop abuse is usually in respect of key areas of a business. Trade mark registration can discourage competition from tasking a free ride on your reputation.

Design right can stop new designs being slavishly copied, patents can stop competitors from using ideas that required extensive R&D to bring to market.

Patent Attorneys skill is in getting their clients’ patents and their practice extends to designs, trademarks, know how, confidential information and beyond.

Patents are the most potent of the IP rights.

A patent is the right to prevent others from making and selling a patented invention defined in a patent specification by its “claims”. A patent is also a technical description of the features essential to the invention. A patent may be grated provided the invention is:

i) New ii) Inventive, i.e. not obvious to a person skilled in the field of the invention iii) Industrially applicable and there are patents in every manufacturing industry Trade marks embody the reputation and goodwill associated with a brand and the goods and /or services that brand sells.

Trade marks are tremendously important in commerce as they enable consumers to distinguish your brand and thus differentiate your goods/ services from those offered by your competitors.

Moreover, a registered trade mark enables you as a proprietor to actively enforce its rights against infringers and those seeking to use identical or confusingly similar marks. The registration process is relatively straightforward, applications in the UK are submitted with the Intellectual Property Office or the Office for Harmonization in the

European Union for a Community application. Provided that the application meets the requisite criteria for protection, the application is published in the relevant Trade Marks Journal for public scrutiny. If (and one always hopes) the application is not opposed, the trade mark will be granted registration and you will enjoy a monopolistic right for a period of 10 years, which can be renewed at 10 year intervals.

Direct client work is one of our core strengths. We endeavour to maintain strong relationships with our clients and take a hands on approach. This type of autonomous work ethic allows us to influence and drive IP strategy and ultimately ensure that our clients IP rights and its commercial value are safeguarded and preserved.

For more information please contact: 01730 823647

MAKE 1000 LAKESIDE THE DESTINATION FOR YOUR MEETING OR CONFERENCE IN 2015/16 As the stunning 1000 Lakeside North Harbour Portsmouth development continues to gain a reputation as the destination for business on the south coast, you too can experience the buzz by using the newly refurbished conference and meeting facilities to make your event an outstanding success.

Set in acres of amazing grounds with an impressive lake and magnificent wildlife, 1000 Lakeside, with its full height glazed atrium and licensed Real Cooking Café, offers a versatile all year round venue.

Three temperature controlled rooms, seating from 4 to 50 people, offers free wi-fi, white boards, flip charts and local telephone calls - and with catering and audio visual equipment available as an option, your meeting is guaranteed to be remembered for all the right reasons. Rooms are available by the hour or on a day delegate rate, which includes catering.

Karen Tyrrell, Lakeside’s Sales, Marketing and Client Liaison Manager says: “1000 Lakeside’s onsite conference team will ensure

your meeting goes perfectly. Having already set the room up to your brief, they’ll be on hand during the day should you have any last minute requests. Plus the Café and Atrium can provide light, airy and bright areas which can be used for registration or breakout space.

1/2 P rice Room

Dec & Ja s n

“With loads of free onsite parking and fabulous retail facilities, 1000 Lakeside is just minutes from junction 12 of the M27 and Cosham train station, making it one of the most accessible venues around.

We’re looking forward to welcoming businesses from around the area to our fabulous location.”

For more information call Carlly on 023 9231 3943 or email meet@lakesidenorthharbour.com

The Bill of Middlesex 31

news

Getting Engaged The good, the bad and the future of digital interaction with government.

Five years ago, the government responded to a report by the then UK digital champion Martha Lane Fox by declaring that public services should be provided digitally by default.

The Government Digital Service (GDS) leads the digital transformation of UK government, with a digital by default remit.

Increasingly we expect everything to be available online. Already much of how we interact with the taxman either is or can be online. Other Government departments and agencies are catching up, with varying levels of success.

The good GDS has recently come to the end of its initial period during which a number of exemplars were tasked with introducing a digital service, the GDS reported that Register to Vote saw 4.3 million registrations. Your tax account has 1.5 million users. More than 70,000 drivers view their licence information online each month and Renew a patent online has seen a digital take-up of 94%.

In fact, a record-breaking 469,000 people registered to vote online in one day for the 2015 general election - as the deadline closed on 20 April.

The online Lasting Power of Attorney service went from no online presence to 15% of LPAs created using the online service and a 90% satisfaction rating for this brand new service in 18 months. A fantastic result considering the average age of a person making an LPA is 80 years old.

The bad Contrast that good news with the experience of Legal Aid lawyers trying to get to grips with CCMS, which becomes mandatory from February next year. The Legal Aid agency say “CCMS is an online system for civil and family legal aid providers and others assigned to work on their cases”. The Legal Action Group say

32 The Bill of Middlesex

by Sally Danby, Product Manager, Advanced Legal

“although some £31m of public money has been spent on CCMS over the past three years, it is not a bespoke product, designed to meet the needs of providers or clients”. Some reports put a much higher figure on the cost.

At its recent conference Jo Edwards, chair of the family group Resolution said “the system continues to be unstable… users can’t keep a record of what they’ve actually submitted… it is so slow, it can take 3 times as long as the paper process.”

The similarly beleaguered Rural Payments Agency (RPA), an executive agency of DEFRA, spent £154 million on a mandatory digital basic payments scheme, but due to significant ‘performance problems’ reverted to paper forms. A select committee criticized the agency for not paying enough attention to the needs of the users. The system features a painfully slow digital mapping tool, with a high proportion of users based in areas with no broadband access.

There are other examples, the public Accounts Committee chair investigating the project for a new GP data system said “Failed government IT projects have long been an expensive cliché and, sadly for the taxpayer and service user, this is no exception”.

The future It is telling that the projects showing broad success have been built in an agile way.

Small teams supported by GDS releasing iterations of their solutions, with real users trying it out along the way. Compare this to the big spend, big bang projects like CCMS and RPA basic payment scheme where little to nothing is seen until significant cash has been spent.

Returning to the speech made by Jo Edwards, she said “My message to the Legal Aid Agency today is simple - just because something works for you, doesn’t mean that it works.”

GDS recently looked back over the last two years’ transformation. They emphasised User needs, not government needs.

“We’ve done it by putting the user needs first.”

The difference might be something already well understood by those who sell digital services to customers - rather than mandating its use, the key is user engagement. It isn’t possible to build the right digital service without working closely with those who will use the service. And that doesn’t mean providing updates and presentations about what you are building, it means working with users on every step of the journey. It also means embracing the fact that customers come in all forms. A good system will take all stakeholders into account.

For this to work it needs users to get involved. We are all busy, but think of the often used argument for voting: if you don’t take part, can you really complain that you don’t like the outcome?

Remember that new recruits coming into your business may well be the most experienced tech users you have and will be well placed to embrace these changes.

Smart businesses harness that baked-in enthusiasm for the digital world, in preference to introducing them to the older kit that is still a familiar sight in some offices (try showing anyone under 25 a fax machine!).

Whilst the digital strategy is sold as bringing lots of benefits in our interaction with government, the cost savings that can be delivered are huge. The original strategy predicted over £1.7billion savings each year. It is clear this drive will only increase pace, and businesses need to be ready to make their own processes fit efficiently with the increasingly digital world. Don’t only react when this strategy affects your business, get involved early and benefit from the move to digital.

news

76% of Lawyers Claim They’re Embracing Change, but the Pace of Change Implementation is Decreasing, Survey Finds

by Jon Whittle, Market Development Director, LexisNexis UK

Women, newly qualified, and entrepreneurial lawyers display more favourable attitudes to change; negative attitude towards change impacting firms’ performance.

London, U.K. - 22 October 2015 - Research commissioned by LexisNexis-owned legal blog, Business of Law (a resource platform aimed at independent lawyers), reveals insight into lawyers’ attitudes to change. Nine out of ten lawyers believe they are operating in a period of unprecedented change and 76% of lawyers describe their firms as “embracing change”, but the pace and extent of change implemented since last year has decreased.

These are the findings of the report, The Art of Keeping Up. These results highlight a sense of complacency setting in among firms as the economy improves.

Two-thirds of lawyers anticipate growth over the next five years, displaying confidence about the future.

• Of the 15 changes monitored, lawyers implemented an average of just over five in 2014, including things like website development, staff training, actively measuring client satisfaction, outsourcing, changing firm’s status (e.g. ABS, LL) and more.

• However, only an average of 1.6 changes are planned for 2015. For example, of the 50% who haven’t increased investment in processes and technology, only 19% have plans to do so this year. Similarly, of the 65% who haven’t increased their investment in marketing yet, only 22% plan to do so in 2015.

Women and newly qualified lawyers are more in favour of change.

• 55% of women agree strongly with the need to change. Also, 70% of younger lawyers (those who qualified after 1997) have a positive attitude to change.

Firms that are resistant to change indicate negative views towards conducting business and demonstrate a lack of attention on their part, which is reflecting in their performance: • Even though they are conscientious about their work, 39% don’t enjoy business management, 36% are not entrepreneurial, 34% are not early adopters of technology, and 15% have no clear strategy for the future direction of their business.

Consequently, many of these businesses are less likely to grow or are in decline.

• 23% don’t consider investment in systems and process as important, 21% believe it’s not important to be technologically advanced, 13% think having a clear business development strategy is not important and 14% believe being forward looking is not important

In contrast, those who embrace change are in a growth situation three times out of four, and are also more likely to have confidence in the future. This said, one out of four of those with a more proactive attitude are challenged by bad debts/cash flow problems.

“It’s time to innovate or die,” commented William Robins, Operations Director at Keystone Law. “Those who innovate can expect to ride a wave of unprecedented client demand, and those who don’t, can expect ever tougher competition and insolvency within three years.”

“Change is a state of mind. Independent law firms must continuously look for new opportunities to improve their operation and develop smarter ways of conducting the business of law,” said Jon Whittle, Market Development Director at LexisNexis UK. “This requires adoption of a positive attitude to change of course, but also a strategy behind the change to ensure tangible benefit to the business. There must be no doubt that with ever increasing client demands and rising cost-consciousness, technology will continue to disrupt and be critical to law firm operation, apathy towards it is akin to shooting oneself in the foot.”

This sub report entitled ‘The Art of Keeping Up’ is derived from The Bellwether 2015 Report: The Age of the Client, and looks into how law firms and lawyers are adapting to the Age of the Client. The report is available here: http://businessoflaw.lexisnexis.co.uk/the-art-ofkeeping-up/.

The Bellwether 2015 Report: The Age of the Client is the third in the series and reveals how independent lawyers, small to midsize firms and sole practitioners are handling the new demands of the Age of the Client. It looks at the forces that are transforming the traditional client/lawyer relationship, explores how firms can meet new expectations, and asks what the profession’s entrepreneurs can teach us about succeeding in this new environment. The report is based on interviews with 118 independent lawyers and more than 500 private clients across England.

LAW Case Law Legislation Legal developments Commentary Magazines & Journals

TOOLS Precedents Practice notes Drafting tools Forms Checklists

The full report is available here: http://businessoflaw.lexisnexis.co.uk/download-thebellwether-report-2015/.

About the Bellwether Report The Bellwether Report series is an annual qualitative and quantitative research project, exploring the working lives of independent lawyers, small to midsize firms and sole practitioners. It aims to conduct a ‘temperature check’ into the changing landscape and showcase interesting themes, developments and trends.

About Business of Law Set-up in early 2013, Business of Law is a LexisNexis-owned legal blog, created by experts, for experts, with the aim of uniting lawyers and business leaders to share knowledge about how to not just survive these more competitive times, but to thrive.

Business of Law’s aim is to build the definitive resource for independent lawyers; an online destination that can help the sector to do business better. To access the blog, visit: www.businessoflaw.lexisnexis.co.uk About LexisNexis Legal & Professional LexisNexis Legal & Professional is a leading global provider of content and technology solutions that enable professionals in legal, corporate, tax, government, academic and non-profit organisations to make informed decisions and achieve better business outcomes. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. Today, LexisNexis Legal & Professional harnesses leadingedge technology and world-class content to help professionals work in faster, easier and more effective ways. Through close collaboration with its customers, the company ensures organisations can leverage its solutions to reduce risk, improve productivity, increase profitability and grow their business.

LexisNexis Legal & Professional, which serves customers in more than 175 countries with 10,000 employees worldwide, is part of RELX Group plc, a world-leading provider of information solutions for professional customers across industries.

BUSINESS SUPPORT CPD Practice management Practice compliance Market intelligence & trends Legal blogs

The Bill of Middlesex 33

book reviews

THE COMPANY DIRECTORS Powers, Duties and Liabilities - 12th edition

by Peter Loose, Michael Griffiths and

David Impey JORDANS PUBLISHING LIMITED ISBN: 978 1 84661 971 7 Available as an ebook www.jordanpublishing.co.uk

AN ESSENTIAL REFERENCE ON THE ROLE AND RESPONSIBILITIES OF THE MODERN COMPANY DIRECTOR An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you are a company director or a practitioner in company law, here’s a book you should make a point of purchasing. Recently launched in a new twelfth edition from Jordan Publishing, ‘The Company Director’ is a long established, classic work, which at the same time, is bang up to date.

It is only a little over three years since the last edition appeared and significant changes from the Companies Act 2006 have taken place, as the three authors, Peter Loose, Michael Griffiths and David Impey remind us.

Also, Parliament has just passed the Small Business, Enterprise and Employment Act 2015 which adds a new dimension to corporate governance. Now established as a definitive work in this field, “The Company Director” presents in one convenient volume a detailed explanation and clarification of the powers, legal responsibilities and, yes, the liabilities of executive and non-executive

company directors within a continually changing legal landscape, where, as the authors also point out, some uncertainties remain as to what the law really means!

The book covers a number of other significant changes. The provisions of the Small Business Enterprise and Employment Act are thoughtfully discussed, together with the recently revised rules on corporate security… the new mechanisms for making complaints to the Company Names Adjudicator… and the most recent changes to the company buy-back regime. The most recent case law is also examined in detail.

Indeed, the book excels as a work of reference to virtually everything a company director needs to know. The first two chapters outline the history and nature of companies past and present, including commentary on ‘the corporate veil.’ Subsequent chapters deal in detail with such matters as the appointment, powers, duties and liabilities of directors, plus shareholder relations, terms of service and meetings.

Also presented is a clear and detailed discussion of the Bribery Act 2010 and the Corporate Manslaughter and Homicide Act 2007 (very topical in view of the recent Volkswagen debacle). And then there’s the final chapter which contains as succinct a summary as you’ll find anywhere on the oft referred to issue of corporate governance.

This contains the UK Corporate Governance Code, a very useful checklist for board effectiveness, and more besides, including a comment on corporate social responsibility (CSR).

CSR is described as ‘an up and coming buzz phrase’ in the opinion of many, except possibly avid readers of the Harvard Business Review, for example, who may remember the concept discussed as far back as the 70s and probably before; so, as some might say, less up and coming than old hat.

Be all this as it may, this book is described quite rightly as ‘a highly respected tome… heavy on the practical side of the law’ and therefore an essential research tool for a range of professionals, from barristers and solicitors to company secretaries and accountants, as well as, of course, company directors and corporate law students aiming for a first.

The law is stated as of July 2015.

THE JURISPRUDENCE OF LORD HOFFMANN A Festschrift in Honour of Lord Hoffmann Edited by Paul S Davies and Justine Pila HART PUBLISHING An imprint of Bloomsbury Publishing ISBN: 978 1 84946 591 5 www.hartpub.co.uk

ENHANCING UNDERSTANDING OF JURISPRUDENCE: A SCHOLARLY AND CELEBRATORY TRIBUTE TO LORD HOFFMANN An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Knowing only about ten words in German, we learned a new word today gleaned from the subtitle of this book: ‘festschrift’. Us neither!

But surmising that it refers to a ‘celebration’ of sorts, one cannot help but envisage here, the spectacle of foaming steins of beer borne aloft by rosy - cheeked waiting staff in lederhosen or dirndls, as appropriate.

But no - we mean yes - the book does commemorate a celebration, namely a conference held in honour of Lord Hoffmann on the occasion of this eightieth birthday at St. Catherine’s College, Oxford in April 2015.

Recently published by the Hart imprint of Bloomsbury, it contains nineteen essays from twenty contributors, all academics in law at Oxford University.

34 The Bill of Middlesex

For jurisprudents the book is a gem. Indeed anyone interested in the law and its continuing evolution, will find this book rather a treat. As well as offering studied opinion and penetrating insight, the contributors reveal personal reminiscences and accounts of their friendships and professional acquaintanceship with Lord Hoffmann whose towering reputation places him as one of the most important and influential of English jurists.

In his opening remarks, Professor Colin Tapper, who studied law at Oxford at the same time as Lord Hoffmann (known at the time as Lennie), recalls that he was born in the same year as Hoffman, a time when apparently, legal education at Oxford was’ at a low ebb.’ Many colleges had no law fellow and indeed many fellows were ‘either unqualified or incompetent’.

Now that’s quite a revelation, that is.

Tapper adds that ‘many of the qualified were incompetent and a very few of the unqualified were competent.’ This was the state of affairs before things began to change. ‘In my opinion,’ says Tapper, ‘Lennie’s year marked the final advent of complete academic respectability of law as a subject in this University.’ Thus was the beginning of an illustrious career which spanned both the practice of law and academia, the details of which are amply illuminated in this book.

‘The chapters in this volume,’ says Lord Sumption in the foreword, ‘are a tribute to a remarkable legal mind and to the respect in

which Lord Hoffmann is held even by those who profoundly disagree with him.’ The diverse range of commentary in this book covers what one assumes is the full spectrum of Hoffmann’s jurisprudence in, for example, tort law, human rights law, administrative, media, intellectual property and employment law - and much more, including tax, property and corporate law.

One of Hoffmann’s most notable qualities as a teacher as well as a judge is, in the words Lord Walker quoted by the editors, the ability to ‘suffuse even the most technical subject with intellectual excitement’, which most law students will admit, is a quite rare and valuable talent.

For lawyers in any area of law, this book is an important read - and handy for researchers. It is extensively footnoted and comes complete with a lengthy table of cases and an index at the back. For any interested reader, this distinguished volume gives the rigorous discipline of jurisprudence an almost unique accessibility.

The publication date is cited as at 2015.