Issue 90
Autumn 2015
CitySolicitor
THE MAGAZINE OF THE CITY OF LONDON SOLICITORS’ COMPANY AND THE CITY OF LONDON LAW SOCIETY
Inside this issue:
› PROFESSIONAL PRACTICE › SOLICITORS PROFILE › COMPANY NEWS The City of London Solicitors’ Company
Issue 90
The City of London Solicitors’ Company
CitySolicitor The City of London Solicitors’ Company & The City of London Law Society 4 College Hill, London EC4R 2RB Tel: 020 7329 2173 mail@citysolicitors.org.uk www.citysolicitors.org.uk Tweet @TheCLLS and @CLSC2 Publisher Benham Publishing Limited 3tc House Liverpool L22 0NY Tel: 0151 236 4141 www.benhampublishing.com Business Editor Anna Woodhams Graphic Designer Neil Lloyd Printing Custom Print Group Editor John Abramson (Travelers) Editorial Board Robert Bell (Bryan Cave LLP) Marc Hanson (Berwin Leighton Paisner LLP) David Hobart (CLLS) Waleed Rasromani (Linklaters LLP) Elizabeth Thomas (CLLS) Disclaimer: City Solicitor is published four times a year by Benham Publishing Limited. Reproduction, copy, extraction or redistribution by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers at the regsitered office above. City Solicitor is distributed as a free member benefit to all members of the City of London Solicitors’ Company and the City of London Law Society. Articles are published in good faith without responsibility on the part of the publishers or authors for loss to any person acting or refraining from acting as a result of any views expressed in them. Advertisers are subjects to terms and conditions as agreed in terms and conditions. Opinions expressed in this publication should not be regarded as the official view of the CLSC or the CLLS or as the personal views of the Editorial Board or their respective firms. All rights are reserved in respect of all articles, drawings and photographs published in City Solicitor, anywhere in the world. Reproduction or imitations of these are expressly forbidden without permission. Printed in England.
Master ALDERMAN V.T. KEAVENY Senior Warden ALDERMAN DAME FIONA WOOLF, D.B.E. Junior Warden N.M.L. HUGHES Stewards DAME JANET GAYMER, D.B.E., Q.C. (Hon.) ALDERMAN DAVID GRAVES, M.A. Full Assistants Past Master SIR DAVID LEWIS, D.L. Past Master ALDERMAN SIR DAVID WOOTTON Past Master J.R.C. WHITE, T.D. Past Master M.C. ROBERTS, B.A Past Master D.A. McINTOSH, Q.C. (Hon.) J.M. ABRAMSON R.J.L. JONES J.P. WOTTON R.S.K. BELL, B.A., LL.M. N. LOGAN GREEN A.G. KING Additional Assistants C.M. MEDVEI T.E. WATTS M.A.H. PAYTON, Q.C. (Hon.) Chairman of The City of London Law Society A.F. DOUGLAS Ex-Officio Assistants Past Masters P.J. PURTON, O.B.E., L.M.R.T.P.I. D.F. GRAY, M.A. SIR MAX WILLIAMS K.S.G. HINDE, O.B.E., T.D., M.A. J.A.E. YOUNG, LL.B. D.L. BIDDLE, M.A. J.A. ROWSON SIR CHRISTOPHER WALFORD, M.A., D.C.L. HIS HON. HARVEY CRUSH S.N. BEARE, M.A., LL.B. W.L. KING, M.A. R.D. FOX, M.A. M.R. MATHEWS, M.A. SIR ROBERT FINCH M.J. CASSIDY, C.B.E., B.A., M.B.A., Dep. B.J. GREENWOOD, LL.B. A.J.C. COLLETT, LL.B. N.C.C. BAMPING, LL.B. MISS K.D. RICHARDSON, M.A. W.J.L. KNIGHT, O.B.E. MS A.L. MARKS Clerk N.A. CAMERON
President * THE MASTER Chairman A.F. DOUGLAS Chief Executive D. HOBART Treasurer N.M.L. HUGHES Secretary N.A. CAMERON Administrator MRS E.J. THOMAS Committee CHAIRMAN PRESIDENT † P. BARNES † R.H.G. BOURNS †S.W. DAVIS †C. DIGBY-BELL M.T.C. HANSON MS V.J. KNAPP, O.B.E. C.D.Z. MARTIN *C.M. MEDVEI R. PARKER C.J. PASSMORE R.W. PITCHER †DR D. PRINCE R.H. TYLER * Ex-officio, appointed by the CLSC † Ex-officio as members of the Council of The Law Society
Welcome to our proof only edition of City Solicitor. Proof and layout spec only not for print Topically, we have a distinctly European focus in this issue and, in a year that has already been laden with decision making, we took it all one step further and asked for a “yes” or a “no” from you as to our new look and feel magazine. “Remember that this is a means of communicating what CLLS does as a professional body.” Maybe you agree? Maybe not? We would love your feedback, pro or against, yes or no! From our next issue we are dedicating an entire page to your thoughts, views, comments, ideas. Contact us on mail@citysolicitors.org.uk. But back to Europe. Post election (phew!) where are we? Read the articles on Europe in or out? and on the Common European Sales Law to see where a Community wide approach to legislation might lead. And make your own minds up. And summer time is holiday time. For those of you who can escape, check out our Istanbul (is it or isn’t it Europe? Does even geography have a yes or no opinion?) feature. But if you should be stuck in London, you can still escape. Read about a new restaurant opening that will transport you, albeit in mind and spirit, to the heart of Europe. See you in Autumn where we will look to detox! Watch this space. John Abramson, Editor
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CitySolicitor News
One nation justice system The Law Society has already spoken with the new Justice Secretary about challenges facing the justice system, and the following extract from the Law Society President is an important message worth repeating here: Anna Woodhams Business Editor
“Solicitors, who are at the heart of our justice system, support access to justice for everyone irrespective of background. Tackling waste is important but investment in the justice system, which is a key public service like the NHS and education, is fundamental if services to the public are to be maintained and improved." “We welcome the news that the Justice Secretary recognises this and is calling on
HM Treasury for funding. However, recent court and employment tribunal fee increases made by government have restricted the ability of ordinary people to access the justice they deserve. Last year 600,000 people were denied legal aid who would have been entitled to it in the past. This includes people who have had catastrophic injuries and victims of domestic violence. It is no wonder that the UK justice system is being labelled 'two tier', which is damaging our reputation as
the best legal system in the world." "The legal profession is committed to pro bono and nearly half of solicitors in private practice average more than 50 hours per year. But pro bono is never a substitute for a properly funded system of legal aid, which needs skilled and experienced solicitors to provide expert legal advice to those who need it."
Law Society 2020 The profession is changing and we need to change to support it. At the Law Society we are taking a hard look at how we will support, promote and represent solicitors for the next few years. We are launching our Law Society 2020 discussion. The chance for current and future members to tell us how we can best represent, support and promote their practice and the profession in future years. The legal marketplace is changing: funding cuts, changes in regulation and changing technology are just some of the issues we're grappling with and representing the profession on. We know you want us to be clearer about what we can do for you, for your practice and for the profession. Some of this is about focusing our support and our products and services in ways which make sense to you and developing more relevant communication from us, especially concerning services and benefits.
What are we going to do? We are developing a new strategy. To help us put members at the heart of what we do, we will be asking questions about: • what the future looks like for the legal sector • what regulation should look like • the title of solicitor and its value to the profession, business and the public • what the Law Society's role should be in legal education and professional standards • how we should manage our relationships and influencing to achieve the changes our members want • how we tailor what we do to support, promote and represent different parts of our membership. We need your views about the future of the profession and what you want from the Law Society. The decisions you help shape now will influence your Society and your profession.
How can you take part? If you have any thoughts or views on the above, or would like to see specific questions
on each of these areas, please contact me. I would be very happy to meet you in person or discuss over the phone; alternatively please email me your thoughts directly. Mark Hudson Law Society Greater London Regional Manager mark.hudson@lawsociety.org.uk 07794 335818 @LSGreaterLondon
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CitySolicitor News
Separate Business Rule - levelling the playing field Changes to the Separate Business Rule - which mean that solicitors can own or be connected to separate businesses providing non reserved legal services, have been agreed by the SRA. The opening up of the legal market already allows other types of businesses to own law firms and deliver innovative services. By changing the Separate Business Rule, all law firms can own separate businesses, allowing them to compete on a level playing field with alternative business structures (ABSs). As part of the same package of reforms, the rules on what activities can be undertaken within solicitors firms have been relaxed, making
it easier for those firms to create one-stop shops for professional services. The changes need the approval of the Legal Services Board. If agreed, they will be part of Version 15 of the Handbook when it goes live on 1 November.
EU ADR Directive The government has updated the guidance for alternative dispute resolution. Solicitors now have until October 2015 to comply with the EU ADR Directive. From 9 July 2015, all traders selling to consumers will have access to a certified provider of ADR services in their sector. Certification of ADR providers ensures quality and consistency of standards across ADR services. For some traders, especially those in regulated sectors, this will mean little change as they are obliged by existing legislation to use ADR for their consumer disputes (see Law Society guidance).
The regulations do not make use of ADR mandatory for all traders, however from 1 October 2015, all traders selling to consumers, whether or not they intend to use ADR, will need to: a. Give the consumer details of the certified ADR provider in their sector AND b. Inform the consumer about whether they intend to use that provider.
New Consumer Credit Proposals (open consultation until 6 August) The SRA has issued new proposals for the regulation of solicitors doing consumer credit work. Under the proposals, the SRA would continue to regulate solicitors undertaking certain consumer credit activities as long as they are central to the legal services they provide. SRA-authorised firms that mainly carry out consumer credit activities already require FCA regulation. The changes mean firms may now also require authorisation by the FCA if they undertake prohibited activities that are not considered central to their legal services practice. The SRA will produce specific guidance around consumer credit work, and will hold a webinar to give those affected the opportunity to hear current thinking and pose questions directly to the SRA.
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CitySolicitor News
SRA consultation on its regulatory reform programme (closed consultation response) The SRA has consulted on a range of proposals aimed at reducing unnecessary burdens and costs for regulated firms, and to ensure proportionate and targeted regulation. The consultation includes numerous topics which the SRA considers to be non-controversial and of less significance, and therefore requiring less in-depth consideration. The Law Society’s response to the reform proposals is available, and an edited summary of the key points is included below. Proposal
The following is abridged text from the Law Society’s more detailed response to each area under consideration
Simplifying compliance officer approval for small firms (1-4 managers)
The proposal to introduce deemed approval for the COLP/COFA roles for sole practitioners and 1-4 manager firms is supported and should be extended to all non-ABS firms.
Simplify candidate declaration and notification processes
This is supported in relation to 'traditional' solicitors firms. The SRA should defer proposals to reduce regulation on ABS firms to any material degree until there is a greater level of experience. Additional risks which may at present be unforeseen may only emerge over time.
Remove the requirement for firms to carry out reserved legal activities
It would be unwise to look at authorisation rules in isolation. It would have been useful to be provided with the SRA’s analysis of the original rationale for the present rules in order to be able to judge whether it is appropriate for them to be removed or relaxed.
ABS Authorisation - operational changes and improvements
Detail is lacking, and the rationale behind the original rule should be explained, the reason why the SRA wish to change the rule and the difference that the SRA thinks this will make before commenting. It can often take several years for problems with firms to become apparent. The full impact of ABS firms is unclear and it is too early to start relaxing regulatory requirements. ABS firms have potential risks: the involvement of non-lawyer managers and the structure of ABSs means that there can be significant cultural differences in approach and therefore safeguards may be necessary. In respect of non-ABS firms, the authorisation process has been developed by the SRA, driven by a perceived need to “harmonise” all forms of application. There is nothing in the Legal Services Act which envisaged that ABS-specific regulation would be applied to all firms including those operating a more traditional model.
Changes to insolvency rules
This seems logical but should form part of a wider debate about the reaction of the SRA to insolvency or the risk of insolvency. Frequent and repetitive demands by the SRA for information from a firm already in difficulty can make the situation worse. The perception established over many years is that the SRA generally regards statutory intervention as a cure-all though it can be of greater prejudice to clients than a properly managed administration.
Alternatives to client accounts
This is a complicated concept which deserves a full consultation of its own. On the face of it, this is a liberalising and permissive measure allowing solicitors to have a choice: however, there has been no meaningful attempt to consider the possible consequences of approving third party managed accounts. Client accounts can represent a risk; there will always be a danger of dishonesty, which is why the compensation fund was established. However of the vast amounts of money passing through solicitors' client accounts each year, the cost of supervising accounts and dealing with dishonesty is low in proportion.
Guidance on recording of non-material breaches
It is reasonable to allow firms to develop their own systems without prescription, which is all that is proposed. Guidance on material breaches linked to practice would be useful as defining a material breach can be difficult. Retaining a prescriptive requirement for a record to be kept is also of questionable value. The obligation to report material breaches including any pattern converting non-material to material should be sufficient.
Clarification on the outsourcing of legal and operational functions
Consideration of whether or not the current wording of O 7.10 is stifling innovation is a useful exercise.
Recording and reporting of diversity data
Initiatives towards promoting diversity and access are welcome. Whether the SRA needs to alter Outcomes or IBs is questionable, in this instance, the existing Principles seem sufficient.
The Apprenticeship Route to qualification
A move towards enabling qualification as a solicitor through the apprenticeship route is supported so long as they meet the same high standard as other currently existing routes. The SRA must also retain control over admission of such candidates, as for those qualifying by other routes.
Fee sharing and referrals
The current ban on referral fees should remain in place. The consultation paper correctly points to a view amongst some solicitors that such fees are regarded as unethical. In terms of crime or any publicly funded work, the reputation of the profession would be adversely affected by payment for work. This is not a situation analogous to referrals from estate agents in conveyancing, for example, where a charge can be properly disclosed to the paying client. The paying client is the LAA so there is a lack of transparency. Most legal aid firms struggle to make this work cost-effective. If they had to make payments to referrers as well, that would damage their economic position further, and may impact adversely on quality.
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CitySolicitor Cyber Security
CYBER CRIME: A TICKING TIMEBOMB
Anna Woodhams Business Editor
2015 IS THE YEAR THAT LAW FIRMS, BOTH LARGE AND SMALL NEED TO ADDRESS THE EVERGROWING THREAT OF CYBER CRIME. HACKERS ARE ALREADY TARGETING LAW FIRMS, AND THIS IS NOT BY ACCIDENT. CYBER CRIMINALS ARE FULLY AWARE OF THE VALUABLE DATA AND MONIES THAT PASS THROUGH A SOLICITOR’S SYSTEM AND ARE TARGETING THEIR VULNERABILITIES. THE REALITY FOR LAW FIRMS IS THAT IT IS NOT A QUESTION OF IF IT WILL HAPPEN, BUT WHEN. The financial costs of a major cyber attack, both in terms of business continuity and reputational damage, are likely to ripple through the industry with the potential for large insurance claims resulting from high value actions against Law firms. As such, Law firms should ask themselves: what are the recent trends in cyber losses and insurance coverage? How have the significant losses transformed cyber into a board issue? What cyber cover do I have? And is there a road map for those who are insured? Ryan Senior, Executive Director, Professional Services Group, Aon added: “No business is immune to cyber crime. Whilst the industry is taking steps to pull together and share information, it still remains that few in the legal profession really fully understand the extent of the threat cyber crime presents to their business. As Law firms continue to hold increasing amounts of client sensitive information electronically on servers that are controlled by third parties, it may be a mistake to assume that the security measures in place provide an impenetrable barrier to those seeking to gain unauthorised access to your systems. The question is whether Law firms are prepared to assure their clients that they are genuinely safe custodians of their valuable information, and if the answer is no, they need to urgently put the necessary security in place.” Clients of law firms are placing more scrutiny on the companies they use and questioning what protective measures they are putting in place to protect their commercially sensitive information. As Ryan adds, “Companies are increasingly requiring their Law firms to provide not only the reassurance that their information is safe, but that they can show an
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understanding of what the threats are as well as the protective measures they have put in place. This is where your insurer and your insurance broker should be working with you to demonstrate their thought leadership and guidance on the emerging exposures and coverage issues. As part of this, Law firms will need to build a security model into their business model design, that is seamlessly integrated into every device at every layer to provide that reassurance.” When discussing Cyber Liability Cover with your insurance carrier, it is important to know whether the cover they offer includes first party and third party coverage, loss or damage to digital assets, business interruption from network down time, cyber extortion, theft of money or digital assets as well as security and privacy breaches, investigation costs following a breach, customer notification costs and loss of third party data. It is also worth looking at the ‘service offering’ that comes with a cyber policy. This gives the insured a response plan in the event of a breach (24/7), including access to IT forensic security specialists, PR consultants and legal experts etc, (which, subject to the terms and conditions, should be covered under your policy). Ideally, there is only one number to call and these specialists will work with the firm to make sure they respond to incidents as soon as possible. Time is critical with all potential cyber security breaches. It may help to mitigate
any 3rd party liability if you act quickly and decisively in such circumstances. Something firms should be mindful of when reviewing cyber insurance are the exclusions in the policy wording. Policies may exclude cover for patents, trade secrets, refunds owed by the breached entity and liquidated damages, known network security vulnerabilities and unencrypted devices such as laptops, tablets and mobile phones. The reality, to all involved in the field of cyber crime, is that companies struggle to stay ahead of the game. Hackers have the advantage of growing with technology and being adept at quickly adapting to new products, infiltrating companies and being invisible. However, Law firms do have the choice to better secure their clients’ information. Knowing the challenges Law firms face and the associated risks, those who ignore the fast paced growth of cyber threat do so that their own peril. With evergreater client, Government and regulatory expectations, now is the time to act.
CitySolicitor Cyber Security
A PROACTIVE CYBER SECURITY STRATEGY WITH SERO SECURITY by Ben Millar, Director, SERO Security
VERY FEW ORGANISATIONS ARE AWARE OF WHAT PENETRATION TESTING ACTUALLY IS AND THE BENEFITS IT OFFERS IN TERMS OF REDUCING THE RISK OF NETWORK BREACHES.
Penetration Testing is a proactive method of identifying vulnerabilities and configuration weaknesses within your information systems, network infrastructure and IT procedures. By identifying these vulnerabilities and weaknesses, your organisation is able to significantly reduce the risk of being compromised by hackers and cyber criminals during cyber attacks. Organisations commission Penetration Tests for a number of different reasons. Any savvy Chief Information Officer (CIO) or Senior Information Risk Officer (SIRO) will commission a Penetration Test to ensure that the risk to their information from external threats is as low as possible. And in other cases, they are commissioned to meet compliance requirements. Lexcel is an accreditation within the legal sector, indicating quality in relation to legal practice management standards. The Lexcel "Standards for Legal Practices" guidelines make several references to Information Security Management and confidentiality of client data. In order to satisfy these requirements and achieve compliance, all compliant legal practices are required to demonstrate that their client
information and digital assets are safe and secure from external threats. This can be achieved by conducting regular penetration testing to identify vulnerabilities and risks so that they can be reduced or completely mitigated. Many legal practices use third party IT companies to manage their network infrastructure and services. But in some cases, these third party consultants are putting your information at risk by using very poor security practices, as one of our clients found out (described in the case study).
Case Study A law firm that SERO tested were using external IT consultants to manage their IT network infrastructure and services. The firm had placed their trust in the consultants, assuming that they were using the most secure practices to manage their IT network. It wasn’t until the firm commissioned a Penetration Test that they learned how vulnerable their network and information really was. SERO were able to remotely breach their external network defences and gain administrator access to the whole private network and all information stored on it. If a hacker had
gained this level of access they would have been able to cause enough damage to bring the business and trading to a complete halt. This would have taken the law firm weeks or
months to recover from. And if the hacker had chosen to delete all of the information they had access to (including backups), the firm may not have been able to ever recover.
Would your Legal Practice be able to withstand a Cyber Attack? SERO Security provide expert penetration testing services to help identify the weakest areas of your cyber defences. This enables your organisation to mitigate vulnerabilities and reduce the risk of being compromised during Cyber Attacks. >
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Speak to a specialist on 01489 559485 or email info@serosecurity.com www.serosecurity.com
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Europe IN or OUT?
CitySolicitor Europe In or Out?
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CitySolicitor Europe In or Out?
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CitySolicitor Events
Annual Banquet 2015
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CitySolicitor Events
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CitySolicitor Professional Spotlight
Introducing - Professor Sara Chandler,
Law Society council member for the voluntary sector and soon to be, first female president of the Federation of European Bar Associations and a guest in our spot light feature on top lawyers in South London. Throughout her career, Professor Sara Chandler has undertaken work in the fields of human rights, welfare and social security. She has been regarded by clients and fellow practitioners alike as a leader in her field. Her invitation to the 60th Anniversary of the signing of the Universal Declaration of Human Rights in 2008 and winner of the Human Rights Worker of the Year award in 2014 by the UK Latin community, recognises such regard.
By Beverly Sowah Do you think there are still barriers to career progression in the law, specific to being a woman?
the whole of the Federation. I was the first woman to be elected to that post.
Yes I do. I think that many old fashioned attitudes still exist and firms sometimes think that a woman is going to be more of a risk than a man. That a woman may leave to have children and when they come back to work, they may want to work part time. It takes a lot to change those attitudes and while it is happening, I think it still exists.
I work at the Legal Advice Clinic at London South Bank University, 2 days a week, part time and so that gives me the rest of the week to do Law Society and Federation of European Bar Association work. It’s varied and it fits in well. I represent law centre solicitors on the Law Society council, that includes solicitors who work in law centres, Citizen Advice Bureau, University legal advice centres, charities and the voluntary sector.
Who or what influenced you to pursue a career in the law?
What is a typical working day like for you?
I wasn’t always a lawyer. I did not qualify as a solicitor until I was 49 and that’s very late in life. Before that I had worked with refugees. When I finished working with refugees, (that program had been closed down by the government of 1979), I applied to do the social work course at London South Bank Polytechnic. I qualified as a social worker in 1982, but what influenced me into the law was that my placements on the course were in North Lewisham Law Centre and Albany Welfare Rights Unit, both of which showed me that actually there’s more to social work and more to the law than is immediately apparent. The 1979 government changed things in social work which had been about people’s rights when I started, but when I finished the course it wasn’t about people’s rights anymore and so I went towards the law and that’s how I knew I wanted to be a lawyer. I could fight for people’s rights.
I start work at 9 am. By quarter to 10 I am in the clinic welcoming the student volunteers. At 10 am we open the doors to members of the public and it’s free legal advice, nobody has to pay. We give advice in housing, social security, employment, family and debt. Where possible we help the students learn all their skills and in fact because they stay with us for 3 months in the clinic there is ample opportunity to practice their skills and understand the law in practice. After the clinic finishes I then organise employability talks with lawyers who visit the University, telling students about their paths to the law and what their typical working day is like and how students can follow the same kind of career progression. I also work with students at Lambeth County Court on the helpdesk where law student assist members of the public to find the correct forms and find out what fees they have to pay and what procedure is necessary.
What path did you take to the law?
How did the Lambeth County Court Help Desk scheme come about?
I was always interested in human rights and that’s why I worked with refugees from Chile who had been in prison under the Chilean dictator, General Pinochet. I worked with those refugees as their social worker in London, speaking Spanish every day from 1974 till 1980. I kept up my interest in human rights as soon as I got to work in a law centre which was in 1982, where I did welfare rights and housing and then I studied at night to do my exams and finished the law society finals in 1993. I completed my Articles in Peckham firm Glazer Delmar. When I qualified in 1995, I went straight to Hanne & Co to do housing and social security.
You are President of the Human Rights Commission of the Federation of European Bar Association and former chair of the Law Society Human Rights Committee - between that and your other responsibilities, how do you manage your work/life balance? I am the immediate past president of the Human Rights Commission of Federation of European Bar Association, because In May (2015) I was elected Vice President of
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Lambeth County Court was instrumental in supporting setting up the Legal Advice Clinic. We met up with some of the judges there who told us that the Ministry of Justice was closing the court office and they asked if we could think of a way to fill that gap. We immediately said yes and that was back in 2013. We’ve run the help desk there for two years and it’s a win-win situation. Lots of members of the public get help and students get experience in seeing the law in action.
Your son is also a barrister. Where you his role model? He never told me he was going into the law. When I was studying, both my boys were still doing homework and thought it was quite funny that mum was doing homework as well. I think my son is a very logical person and he argues a lot (laughs). He is very good at putting together a case, so that’s probably what influenced him into going into the law.
What have been some of your highs and lows in the legal profession?
My highest point was in 2008 when I was invited to go to the 60th Anniversary of the signing of the Universal Declaration of Human Rights in Paris. I went a long as past President of the South London Law Society and past President of the City of Westminster & Holborn Law Society to sign the document to mark the 60th Anniversary. I was very honoured and privileged to be part of that gathering in December 2008. I do a lot of work with human rights lawyers in Colombia and it’s sometimes very distressing to hear of lawyers who have been killed because of the work they do defending human rights. Altogether over 450 lawyers have been killed up to 2014 and those of us in the International Legal Movement do a lot of writing like Amnesty International does, to try to protect the lawyers who defend human rights.
What do you think are the challenges facing the legal profession in the next 12 months? The biggest challenge is the legal aid sector of the profession because of the cuts to legal aid. It’s extremely difficult for both criminal practitioners and civil practitioners. The public need help even more and have even less resources available to them to pay solicitors and yet at the same time, the Government is cutting them. That is a huge challenge for us in the legal profession and how we meet the justice gap.
What would you like to see changed in the legal profession in the next 5 years? I would like greater diversity in the profession. London South Bank University is part of the consortium who organise a law careers fair every winter and that’s an important way that our students get a chance to meet future employers.
What are the qualities that make an effective lawyer in your opinion? Determination to succeed for their clients.
What are you reading at the moment? Gaslight in Page Street by Harry Bowling, set in Bermondsey in the years 1871 to 1920. I knew Harry before he died, and he tackled subjects such as social justice from the story teller's perspective, rather like Charles Dickens.
What motto do you live by? Never give up.
CitySolicitor Professional Practice
PENSION FLEXIBILITY 5 MONTHS ON George Osborne's decision to overhaul the money purchase pension system, came into effect on the 6th April 2015. Now, 5 months on from these changes, we review how the pension changes have affected both client and provider experiences. First a summary of what was introduced: 1.
A new flexible drawdown system (FAD) designed to allow members of money purchase pension schemes to take what they liked from their pension while the remainder remained invested removing any previous limits imposed by the Provider.
2.
A new retirement system called Uncrystallised Funds Pension Lump Sum (UFPLS). UFPLS allows a member to draw a lump sum from the untouched money purchase pension fund as 25% tax free and 75% as taxable income.
3.
Increased annuity flexibility allowing payments to vary up and down subject to predetermined conditions.
4.
Changes to the treatment of death benefits, including the reduction in the rate of income tax from 55% to 45% for deaths on or after age 75 and the introduction of intergenerational transfers.
5.
New contribution rules with the introduction of a new £10,000 money purchase annual allowance and stricter provisions on recycling tax free lump sums as further pension contributions.
There was nothing in the legislation forcing providers to offer these new retirement options. Some providers limited their options to full pension encashment, annuity purchase or transfer away. Pressured by the Regulator to be the "2nd line of defence", providers have asked clients to confirm they sought advice before accessing their pension pot. The complexity of these pension changes has no doubt increased the need for good quality pensions advice. The Government's Guidance Guarantee via www.pensionwise.gov.uk allow people to access free pension information but it is emphasised this was not a replacement for financial advice. Client experiences have been mixed with many seeing Pension Wise as yet another barrier to accessing their funds. Concerns have also grown about the rise of pension scammers offering free pension reviews, legal loopholes and one off investment opportunities.
The Treasury is set to receive £360M this year from pensions access, but according to Pension Providers, many clients were unaware of the tax treatment of pension withdrawals. With only the first 25% of a pension fund available to be taken tax-free, the rest is taxed as income, those who took large withdrawals in April 2015 suffered emergency tax code deductions, leaving clients to seek rebates later via HMRC. Media speculation about the death of the annuity seems overplayed. Many clients now consider a blended approach choosing an annuity to underpin incomes together with the new FAD option, however financial advice should always be sought to ensure that what is chosen best suits a client’s individual circumstances.
distributed to retail clients, it is for illustration purposes only and based on our understanding of current legislation. The value of investments can fall as well as rise and you can lose some or all of your money. Steven Vallery - Business Development Director - S4 Financial Limited Contact: 0127634932 Jonathan Lochery - Director - I.P.M. SIPP Administration Limited Contact: 08451303443
The new intergenerational transfer facility has meant pension providers have rewritten their Expression of Wishes documents to ensure greater death benefit flexibility with providers able to pay income to a beneficiary in addition to the lump sum option. Once a client has accessed the new freedoms, they are capped on future pension contributions down from £40,000 to £10,000 per annum losing the ability to access carry forward of any previous unused relief. With greater freedom comes responsibility. A no cap, no limits sounds straightforward, but with unintended consequences and potential pitfalls, the need for good quality financial advice has never been greater. This article is intended for qualified lawyers and solicitors and is not to be
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CitySolicitor Privilege Club
Artloop
City Solicitor Ex Parte
Our second Ex Parte exclusive is a very special invitation to a new art show in London, Artloop.
Art should be shared with as many as possible. That is what Artloop exists to achieve. Not housed in the traditional Mayfair spaces, nor part of the new uber cool (and sometimes equally intimidating) East London brigade, it is a white space filled over and over with beautiful pieces.
WINE OF THE SEASON with Conal Gregory, Master of Wine
Sometimes a collective, sometimes a single artist and sometimes a theme. Always full of bright ideas. Based in Camden in a stunning building that was once the home of Angels and Bermans and where the Star Wars costumes were originally created.
It is now occupied by Sparkloop, a branding and design agency, and the shows will take place amidst their workspace. An initial private view will be followed by an openinvitation to one and all to just pop in and look at the art whilst Sparkloop work. Nobody to hassle the viewer, just the space to enjoy the art. Every exhibit will be fully catalogued and referenced on Sparkloop’s microsite, Artloop and supported with marketing tools such as posters, online PDFinvites and social media. Ex Parte members are invited to the first private view on July 15th. The first collective will feature works by Dani Humberstone, Larry Vigon, Tamsin Relly, Kay Jones, Alison Trask, Adam Hargreaves and many, many more. Please e-mail artloop@sparkloop.com quoting your Ex Parte number for your exclusive invite – plus a £100 off voucher should you purchase a work of art.
If we are talking Europe, wine has to be involved. So, this season one of our exclusive offers is all about the grape. Indulge!
London’s best independent wine merchant is right here in the City. Treat yourself to 15% off* any retail wine purchases at: • Leadenhall Bar • Bow Lane Restaurant & Bar • Holborn Shop & Tasting Cellar Visit www.planetofthegrapes.co.uk for venue details and simply quote your Ex Parte number when purchasing. *Offer ends 21st August 2015.
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Chile has a reputation for making wines of real character at an affordable price. One of the country’s family-owned wineries is Viu Manent, situated in the Colchagua valley. Founded in 1935, its strengths are Cabernet Sauvignon and Malbec.
Seek out Gran Reserva Cabernet Sauvignon, made largely still from vines over half a century old. The 2011 shows a raspberry red hue, inviting cherry fruits on nose and a rich, still tannin structure on taste. Great value at £11.90 (Spirited Wines).
For fish and poultry dishes this summer, the apricot and jasmine flower aromas of Viognier with appealing acidity are just right. Try Eagles’ Nest 2014 made at the foot of Table mountain in Constantia in South Africa. The grapes are hand-picked and the wine is barrel fermented for six months. Dry and stylish, it has real class. £22.90 (Handford).
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.
CitySolicitor Privilege Club
Ahoy There!
If you are a forward thinking legal firm looking for new ways to network with industry peers and support your internal team development the Legal Cup could be perfect for you. Open exclusively for legal Industry professionals, each company enters a team (of between 7-10 people) who sail together on a premium sailing yacht, racing against other teams from rival legal companies! It doesn’t matter if you have never set foot on a yacht before, part of the entry package includes hire of a high-quality, fully commercially insured yacht with professional sailors on board to literally show you the ropes, so you can learn to
The Legal Cup is a unique event; combining productive networking, constructive team building, raising funds for charity, learning a new skills and having lots of fun!
sail and be an active crew member. Alternatively, if you own your own yacht you are welcome to enter it and bring your own crew. In May 2015, 19 teams took part including many Magic Circle and Silver Circle names, with the Bar Yacht Club and Allen & Overy claiming the Winner’s Trophies. Field Fisher, Linklaters and Ricoh also featured on the podium! The next chance to take part in the Legal Cup sailing regatta is on 14-15 May 2016. If you would like to find out more the Legal Cup including who took part in 2015, see the event photos and download a booking
form please visit the event website www.britanniaevents.co.uk/legal-cup You are also invited to join the Legal Cup networking drinks on Tuesday 1st September 2015 from 6.30pm in central London. It’s a great opportunity to meet some of the teams who take part, as well as the event organisers, so you can find out more about how to enter, what’s involved and how you could benefit from taking part. Full details on the Legal Cup Networking Drinks and the chance to RSVP are available here https://goo.gl/otHRyr or call the Event Manager on 02380 458900.
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CitySolicitor Book Reviews
BEYOND MAGNA CARTA A Constitution for the United Kingdom by Andrew Blick Hart Publishing Bloomsbury Publishing plc ISBN: 978 1 84946 309 6 www.hartpub.co.uk
ARE WE REALLY ‘BEYOND MAGNA CARTA’? CONSIDERING THE CASE FOR A WRITTEN UK CONSTITUTION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In this 800th anniversary year of 2015, there have been almost countless books written about Magna Carta and numerous celebrations to commemorate it on both sides of the Atlantic. With its fierce defiance of tyrannical and repressive rule, this now ancient document continues to inspire controversy and veneration almost in equal measure. It is fortunate, 800 years later, that the influence of Magna Carta continues to prevail, while still generating further controversy and discussion - hence the recent publication of this erudite and fascinating book from the Hart Publishing imprint of Bloomsbury. Unlike most current publications on the subject of Magna Carta, this book places it in its historical context. Taking an almost panoramic view of the past eight centuries, the author Andrew Blick of King’s College, London, considers Magna Carta in the light of the social, political and constitutional developments which have followed it. In so doing, he
constructs a detailed and carefully argued case - as the subtitle indicates - for ‘a constitution for the United Kingdom.’ In case anyone needs reminding, the UK does have a constitution - which is good. But in the view of many, its major flaw (or perpetually annoying disappointment) is that it is not written down, which is - um - not so good. The Americans have a written constitution, complete with amendments implemented from time to time, but in fact difficult to amend. The old Soviet Union certainly had a written constitution which successive dictators cynically ignored. The current Russian constitution, also written down, appears to be alarmingly vulnerable to the whims of whoever holds onto power. In the United Kingdom, an unwritten constitution has been traditionally regarded as more flexible, pragmatic and ultimately fairer for the very reason that it isn’t written down. Instruments known as ‘conventions’ do exist, however which function as mechanisms for change as social mores change. Conventions of the Constitution (which are not effectively binding in perpetuity) offer a level of flexibility which the US constitution does not apparently have. Nonetheless, Blick’s arguments in favour of a written constitution are persuasive. In Parts I and II of the book, the reader is taken on a fascinating journey through English - and subsequently UK history, focusing on those documents, (yes many of which were written) which have shaped or influenced UK
constitutional development. In Part III Blick puts forward both the positive and negative case for creating a written constitution and furthermore tackles the practicalities of its actual presentation, including writing style and preamble. The book cannot fail to reveal, however, that there has been little political will to change the status quo and develop a written constitution; otherwise somewhere, sometime in the last 800 years, or notably recently particularly and possibly under Gordon Brown - we would somehow have acquired one. Complex and convoluted arguments aside, the fundamental question regarding a written constitution for the UK pivots on whether it would be a step forward, or a step backward for this nation. The author therefore has created a valuable and meticulously researched study which should be read both by those who favour a written constitution - and those who do not. Either way, the book is a valuable contribution to the corpus of literature and analysis on UK constitutional history. The publication date is cited as at 2015.
ANTI-SOCIAL BEHAVIOUR The New Regime by Anesh Pema & Justin Crossley Jordan Publishing Also available as an eBook ISBN: 978 1 84661 947 2 www.jordanpublishing.co.uk
THE NEW REGIME ON ANTI-SOCIAL BEHAVIOUR EXPERTLY AND CLEARLY EXPLAINED IN PRACTICAL TERMS FOR 2015 An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This important new statement from Jordan Publishing Limited on the changes introduced by the Anti-social Behaviour, Crime and Policing Act 2014 is most welcome for its clarity and expertise from 2015 but will certainly not be an end to Parliamentary intervention in this difficult area of law. The book offers a detailed practical analysis on the new legal framework as we begin a fresh era on how to deal with these essentially community-based problems which were viewed by our Coalition government (2010-2015) before the new Conservative government took office in May 2015.
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The two authors, Anesh Pema and Justin Crossley, have written a highly competent and very helpful guide for all on the new legislation. Their purpose is to provide practical current advice to all those involved in dealing with anti-social behaviour, and also those who act on behalf of people accused of allegedly behaving ‘anti-socially’. Pema and Crossley explain in very clear terms the new procedures and remedies available for lawyers and lay people alike. The methods they use are designed to be as straightforward as possible for those applying for, or defending under the new regime. Of great help, too, are the discussions on the preceding legislation together with the relevant caselaw decided under the old provisions which will assist all in the interpretation of the 2014 Act. There are 13 chapters in the first hundred or so pages. The rest of the book comprises the 8 detailed appendices makes up the bulk of the book with a helpful index at the back. We found the practical know-how from these two professional experts on antsocial behaviour very helpful. The coverage of this important area of community law where both criminal and civil jurisdiction unusually coincide concentrates helpfully on the formulation of
protocols and the creation of multiagency working groups to the preparation and presentation of cases in court and handling the matter of breaches. The modified regime on antisocial behaviour is given much needed expert explanatory comment in this new work. It includes important time-saving practical materials such as draft applications, notices and orders, and all the relevant statutory provisions including all the amendments. We welcome the fact that the authors have given us an extra special service here so that we, as lawyers and advisers, have everything available as a short one-stop shop being a well thought out successor to their popular earlier work - “Anti-social behaviour: A Special Bulletin”. Thank you. The law is as stated at 15th April 2015.
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