CLAPHAM OMNIBUS AUTUMN 2018

OMNIBUS THE CLAPHAM The journal of the SOUTH LONDON LAW SOCIETY

AUTUMN 2018

Super-exam or super sham?

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■ Wills & probate ■ Conveyancing ■ News

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ND

ON LA

W SOCIETY

Inside this issue:

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What are the real reasons behind the SRA’s new qualifying exam, asks legal education expert Melissa Hardee (see page 13)

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CONTENTS

Contents PUBLISHER Benham Publishing Limited Aintree Building Aintree Way Aintree Business Park Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: benhampublishing.com

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Officers President’s Review

News 6-7 7 8-9

ADVERTISING AND FEATURES EDITOR

Law Society Council report Dates for your diary South London success in Poznan

Junior Lawyers Division

Anna Woodhams

10-11

STUDIO MANAGER John Barry

ACCOUNTS

Introduction

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11

South London Junior Lawyers Division report Ending the blame game

Joanne Casey

Article

MEDIA No. 1548

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PUBLISHED October 2018 © 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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What you need to know about BPR Super-exam or super sham?

3 common mistakes when it comes to completing the legal directories Women in law

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The Expert Witness Institute Conference

Events

12 Wills and probate 20 21 22

DISCLAIMER

How far back can I trace my ancestors?

A love that lasts forever Estate administration: Are you or your clients doing enough to protect unoccupied properties this winter?

The South London Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

Software

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

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

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Our legal case management

Management 24

Outsourcing your cashiering?

Conveyancing

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

26

Interaction is key to getting the most of your CPD

Property 28

Network Rail lose appeal in Japanese knotweed case

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The Taxation of Private Pension Schemes and their Beneficiaries

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Book review

THE CLAPHAM OMNIBUS 3

OFFICERS SECTION HEADER

Officers President:

Vice President:

Council Member

Robert Hush

Donovan Lindsay

David Taylor

07545 923539

020 7940 4060

020 7228 0017

robert.hush@beckfitzgerald.co.uk

donovan_lindsay@anthonygold.co.uk

dxt@hanne.co.uk

Treasurer:

Hon. Secretary

Magazine Editor

Andrew Pavlovic

Sarah Hughes

020 8394 6455

020 7940 4000

07843 101235

andrew.pavlovic@russell-cooke.co.uk

sarah_hughes@anthonygold.co.uk

omnibus.editor@gmail.com

!

Web Address: southlondonlawsociety.co.uk

4 THE CLAPHAM OMNIBUS

Samantha Whitaker

INTRODUCTION

President’s Review It’s the end of an era for the Clapham Omnibus T

his will be the last print edition of the Clapham Omnibus, so I would like to thank all of the staff at Benham Publishing for their support over the years. Moving forwards, the committee is working hard to put in place new arrangements to keep in touch with you. This will hopefully take the form of a digital platform, where our members can keep up to date, receive information about changes that will affect their practices and communicate with each other more easily. I hope to be able to tell you more about this in the new year.

on Thursday evenings, and is staffed by LSBU students and volunteer solicitors, who generally commit to around six sessions each year. If you would like to volunteer or would like more information about the clinic, please email its director Catherine Evans at evansc15@lsbu.ac.uk

On page 16 of this issue, you can read a report by Maud Davis on a round table held in August to discuss women in law, which was organised by our colleague, Professor Sara Chandler, and supported by solicitors from our local firms. The successful outcomes were reported to the national Law Society’s group and will help to shape the society’s policies for the future.

Law Society’s annual dinner on Wednesday 7 November, which this year will be a joint event with the City of Westminster & Holborn Law Society (CWHLS). My thanks go to the president and committee at CWHLS for their kind invitation and to my committee colleagues, Gareth Ledsham, Stephen Whitaker and Lorna West for making it happen.

As you know, the Solicitors Regulatory Authority has announced plans for a new way for solicitors to qualify: the Solicitors Qualifying Examination (SQE). The authority is expected to make further announcements about its plans later this year, with the SQE due to launch in 2020 or 2021 (read more about this on page 13). A team headed by Associate Professor Andy Unger at LSBU is looking at how legal education should adapt to the planned changes and what opportunities the SQE and the Apprenticeship Scheme might offer to local legal practices for the training of future solicitors. If you would like to be a part of the discussion, please email me at hushr@lsbu.ac.uk. Remember that your voice is an important one.

As always, if there is something that you would like to bring to the attention of your local law society, please get in touch with me or other members of the committee. You’ll find all our contact details on page 4.

In September, the government announced a consultation about No Fault Divorce, which you can read more about on page 11.

The key proposals are to replace the five facts with a single notice of irretrievable breakdown, with a suggested minimum timeframe of six months between notification and the grant of a divorce, and We are a diverse community of lawyers in South London. There to remove a respondent’s ability to defend a divorce unless there are individual solicitors and firms with excellent national and are exceptional circumstances. The deadline for submitting international reputations. There is also a thriving academic responses is 10 December. As a society, we will not be submitting community at London South Bank University (LSBU). I am convinced that these resources can be harnessed to enhance the a response, but if you wish to take part the consultation paper can be found at consult.justice.gov.uk practice of law and that this will be to the advantage of local solicitors, local firms and the local community.

As I write, arrangements are in progress for the South London

We’re also looking for a number of solicitors to volunteer at the award-winning free Legal Advice Clinic at LSBU, which is a member of LawWorks and Southwark Legal Advice Network. The clinic provides a drop-in service to the public at the Clarence Centre for Enterprise and Innovation on London Road, Southwark

I look forward to contacting you again in January 2019, but until then I shall take this opportunity to wish you all a pleasant Christmas and a happy New Year.

Robert Hush President South London Law Society

THE CLAPHAM OMNIBUS 5

NEWS

Law Society Council Report September 2018 The Law Society is the representative body for solicitors in England and Wales. The Society negotiates on behalf of the profession, lobbies regulators, government and others, and has a public interest role in working for reform of the law

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ouncil met in Chancery Lane on 26 September for the first meeting of the 2018-19 season, under the presidency, for the first time, of Christina Blacklaws. Council welcomed several new members attending their first Council meeting following elections earlier in the year. It also congratulated Sara Chandler following her election as chair of the Equality, Diversity and Inclusion Committee.

Christina tweeted a picture of Council from the chamber with the message: Delighted and a little nervous to chair my first council meeting. Your council members give up huge amounts of time to devote themselves to the governance and the policy development of our profession. We don’t see enough of them so here they are! #solicitors #publicinterest The new president is taking the opportunity to make some changes to how Council conducts its business, with the aim of giving Council more opportunity to scan the horizon on behalf of the profession and debate major issues of policy. She is also keen to encourage networking among Council members and between Council members and the staff of the Society as part of the Society’s work to act as one team for the benefit of the members it serves.

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

A number of successful legal interventions were reported to Council. Firstly, the Law Society’s successful judicial review in relation to changes in the Litigation Graduated Fees Scheme (LGFS) – which would have substantially reduced the ‘cap’ on pages of prosecution evidence, the reading of which can be charged for – which received widespread coverage. Secondly the Law Society had provided litigation support to the Law Centres Network (LCN) claim for judicial review of the proposed changes to the Housing Possession Court Duty Scheme, which would have introduced larger scheme areas and pricecompetitive tendering. This challenge was also successful, and the matter has been remitted to the Lord Chancellor for re6 THE CLAPHAM OMNIBUS

consideration. In a third legal success, the Law Society had intervened in the case of ENRC v SFO as part of our ongoing campaign to protect legal professional privilege, and the Court of Appeal’s judgment delivered earlier in September had been favourable.

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

Practice excellence and career companion – supporting the profession Council also had a highly engaged discussion of options for enhancing the Law Society’s offer to the profession in terms of education and learning, including mentoring, career coaching and personal development. With warm support from Council for the business case for this, the details are now under active development and this is part of the business plan for 2018-19.

Council were also updated on a review of the Society’s Diversity and Inclusion Charter, which is currently underway. The Society’s Divisions and a range of stakeholders are already engaged in the review. Piloting a new approach to the Charter, which is designed to help firms of all sizes meet their obligations and tackle diversity within all levels of the profession, will begin in 2019.

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

NEWS

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

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

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

Keeping members informed Council heard about the new publication ‘Your professional body – the value of membership’, which sets out the key components of the work we do to promote the profession, influence for impact, keep members up to date, support practice excellence and support members at every stage of their career. This is available online and is now sent in hard copy to every new member, along with a welcome note from the president.

Copies are available from corporatecommunications@lawsociety.org.uk

DATES FOR YOUR DIARY London South Bank University events: Lecture: 'Death Investigation: Coroners and Inquests' with Sir Peter Thornton QC Monday 29 November 2018, 6-8pm For more information and to book, contact birbeca2@lsbu.ac.uk At LSBU, we have two strategic preoccupations at the moment. The first is the likely impact of the SRA’s proposals on undergraduate legal education and the second is the likely impact of technology on the delivery of legal services in the near future.

We would like to update and consult with colleagues in the South London Law Society and are planning two evening discussion forums:

Update and discussion about the Solicitors Qualifying Examination Tuesday 12 February 2019 Update and discussion about law, technology and the future of legal services Tuesday 12 March 2019 For more information and to book, contact Andy Unger at ungerad@lsbu.ac.uk

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

The business plan agreed by Council for the Law Society draws on input from the successful Council strategy weekend earlier in the year, setting a number of priorities focused on the efficient and effective delivery of services to our members. This includes planned improvements to the way the Law Society manages and uses data about its members, the creation of an enhanced online experience for our members, streamlining the management of the accreditation process and enhancements to Law Society telephony to make it more flexible and user-friendly.

Council also agreed to progress plans to refurbish 113 Chancery Lane and to market 114 Chancery Lane for rental. Refurbishment work will enable more efficient use of the central London premises and create revenue from the vacated building. This will not impact on our member areas such as the Library, Reading Room and newly refurbished 113 Restaurant.

The next meeting of Council is scheduled for 5 December.

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THE CLAPHAM OMNIBUS 7

NEWS

The semi-finalists

SOUTH LONDON SUCCESS IN POZNAN A

t the end of June, two London South Bank University (LSBU) students represented the South London Law Society in the final of the Young Lawyers Human Rights Oratory Competition, which was held in the historic city of Poznań, Poland. The competition was organised by the Human Rights Commission of the Federation of European Bars (FBE) with the aim of encouraging formal public speaking and the development of human rights law knowledge and practice.

Candidates from all the 250 member bars of the FBE entered the competition, and the nine semi-finalists were invited to Poznań for the final stages of the competition. The two candidates from South London, Elizabeth Smith and Klaudia Gozdz, were joined by law students, trainees and newly qualified lawyers (up to the age of 30) from the City of Westminster & Holborn Law Society (UK), the Biskaia Bar (Bilbao, Spain), the Madrid Bar (Spain), the Vojvodina Bar (Novi Sad, Serbia) and the Warsaw Bar (Poland).

The Poznań Bar generously hosted the two-day event, providing all meals and receptions for the candidates, judges and their own members. At the opening of the competition, the candidates and judges were addressed by the Dean of the Poznań Bar and the Chair of the International Relations Committee, both of whom are active members of the FBE. The first day consisted of 10-minute presentations from each of the candidates on their chosen topics: ● Privacy ● Slavery ● Property rights ● Forced marriages ● Right to life ● Rights of migrants and host communities 8 THE CLAPHAM OMNIBUS

● Right of no return to a country of origin for refugees ● Right to medical treatment for undocumented persons ● Effective remedy and enforcement of rights

The judges, who were from Poland, France, Germany and the UK, used a checklist of criteria and a marking sheet to evaluate each candidate. The standard was high, with excellent documentation, references to jurisprudence and statistics presented in support of their arguments. Presentation styles varied from quiet confidence to passionate defence of certain human rights in the articles of the Universal Declaration of Human Rights (UDHR) and the various conventions that have been promulgated and ratified since 1948.

At the end of the presentations, the four finalists were selected.

They were given a topic to be debated and divided into two pairs, one for and one against, with one hour to prepare ready to present on day two. The topic was: ‘The UDHR is no longer a living document.’

On day two, the judges heard the debate, listening out for persuasive argument, solid understanding of the topic and the ability to connect with the audience. After much conferring, Christopher Banks from the City of Westminster & Holborn Law Society was awarded first place.

Although the two South London candidates did not reach the final, their thoughtful, spirited and very well presented contributions to the competition were greatly appreciated by the judges.

“The scope of the UDHR is so wide that it was difficult to narrow down to only one issue when there are sadly so many human rights violations happening around the world today,” said

NEWS

Top left: Klaudia Gozdz Top right: Poznan, Poland Bottom right: Elizabeth Smith

Young lawyers practise their public speaking at an international competition in Poland Elizabeth Smith, who is a paralegal at Atkins Hope Solicitors.

“I chose to present on the topic of forced and child marriage, which is a prevalent global issue and one that could easily be reduced if United Nations members decided to be proactive and take action. I work with victims of domestic violence and this is an issue particularly close to my heart. I chose to illustrate my presentation with the example of Sara Tanseem, an American woman forced to marry her rapist while she was still a teenager.

But the truth is that there are many such case studies I could have picked from.” The judges agreed that Elizabeth’s chosen issue was a particularly important one.

Elizabeth wants to encourage more young lawyers to take part in the competition: “I believe it’s important for those of us in the early stages of our careers to shine a spotlight on key issues like these in the hope of inspiring and encouraging others to work towards change for future generations. Competitions like this provide an opportunity for discussion, debate and exchange of ideas among young and future lawyers, and I was very grateful to have been given the chance to take part.”

Klaudia Gozdz is a third-year student on the Law LLB course at LSBU. In her speech on the right to life, she referenced the difficult case of Alder Hey Hospital v Evans (2018): “The law doesn’t always support Article 12 of the UDHR, which states that no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,” Klaudia explains. “Alfie Evans was an toddler with a rare and undiagnosed degenerative neurological disorder. After an unsuccessful legal battle between the hospital and his parents, who wanted to take him to Italy for further treatment, his life support was withdrawn on 28 April this year.

“When looking at Article 12, it was important to also consider two other articles,” she continues. “Article 3 – the right to live, with the principles of vitalism and sanctity laid down by John Keown in the case of Airedale NHS Trust v Bland (1993), proved that Alfie’s treatment was worthwhile on the basis that there is no difference between a child and a foetus with brain damage. I also considered Article 5 – that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment – and the case of Re T (a minor) (warship: medical treatment) (1997), which set a valid principle that parents should be the decisionmakers in relation to their child’s medical treatment if they are acting in the child’s best interest and the child isn’t in pain.”

Klaudia argued that under Article 12, the decision regarding Alfie’s treatment should have been left to the parents, as there was no evidence of significant pain.

Alongside the competition, the event provided an excellent opportunity for social and business networking, and the FBE aims to make it an annual event. If you would like to know more about the competition or the FBE, please contact sarachandler.lawsociety@gmail.com

Professor Sara Chandler QC (Hon) Solicitor in the Legal Advice Clinic at London South Bank University and former President of the South London Law Society

THE CLAPHAM OMNIBUS 9

JUNIOR LAWYERS DIVISION

THE JUNIOR LAWYERS DIVISION Ashmeet Wadwa reflects on a strong membership and a year of successful events

W

ith the holiday season fast approaching, the South London Junior Lawyers Division (SLJLD) committee has been reflecting on the past year. We started this year with a panel event, where students at London South Bank University asked the committee about their experiences of getting into the profession and what it’s like working in law. In May, the committee hosted a panel of inspirational women in law, ranging from associates to senior partners, who shared their knowledge from their experience of joining the profession and their incredible experience to date.

work and what hijacks our time. She provided practical tips to help manage interruptions and be in a state of optimum performance and concentration in order to prioritise your time and get real work done.

Also in May, along with the rest of the country we carried out a review of our members list to comply with GDPR and we’re glad to report that we retained 95% of our members. If you would like to be added to our mailing list, please contact us by email on sllsjuniorlawyers@gmail.com

Lastly, we had our annual qualification drinks on 6 September at Russell-Cooke’s Holborn office, which this year was graciously sponsored by Outer Temple Chambers. Like all our events, this was free and open to students, paralegals and all legal professionals with up to five years’ post-qualification experience.

This event provided our members with a relaxed opportunity to meet peers who are at a similar stage in their career, as well as network with clerks and junior barristers from Outer Temple Chambers. I would like to take this opportunity to congratulate all our members who have completed and qualified, and those who have commenced their training contracts this year.

Our June event focused on time management, with motivational speaker and professional life coach Zena Everett. Zena provided a highly interactive session that explored what we achieve at

The committee would like to thank all of this year’s speakers, our sponsors Amphlett Lissimore and Outer Temple Chambers, and everyone who attended the events. As acting chair of the SLJLD,

Left to right: Akilah Douglas, Vanessa Asante, Tom Dickinson, Ashmeet Wadwa, Nikki Basin, Susanne Seaton and Billy Yu Lok Ng

10 THE CLAPHAM OMNIBUS

JUNIOR LAWYERS DIVISION I would also like to thank the rest of the committee for all their hard work in finding sponsorships and organising our events. On the committee we currently have: Susanne Seaton, Akilah Douglas, Rachel Hyneman, Nikki Basin, Vanessa Asante, Laura Christodoulou, Tom Dickinson, Billy Yu Lok Ng and Ashmeet Wadwa.

Looking ahead In 2019, the committee and I are very keen to keep the momentum going and continue to organise events for our members. Alongside focusing on wellbeing within the workplace and students entering the profession, next year we would also like to organise events that explore developments in specific practice areas and the various routes available to qualify as a solicitor.

As always, in order to better assist our members and organise events that they will benefit from, we welcome questions and suggestions from both members and non-members via the contact details below.

We look forward to hearing from you and seeing you in 2019, and wish you all a wonderful festive season and a happy New Year.

Ashmeet Wadwa Associate, Russell-Cooke LLP

Get in touch Website: southlondonjld.wordpress.com Email: sllsjuniorlawyers@gmail.com Twitter: @SouthLondonJLD

Ending the blame game Vanessa Asante on the government’s plans to reduce conflict between divorcing couples

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n September, the Justice Secretary, David Gauke, announced the government’s intention to introduce ‘no-fault divorces’. Under the current Matrimonial Causes Act 1973, petitioners in England and Wales must prove their marriage has broken down due to adultery, desertion or unreasonable behaviour if they want to start the divorce process immediately. Alternatively, if both sides agree, they can part after two years of separation. But if the other spouse is unwilling to consent or there is no evidence of fault, petitioners must wait until they have been living apart for five years.

This was the situation faced by 68-year-old Tini Owens in July, when the Supreme Court ruled that she had failed to prove her husband’s behaviour was unreasonable and would therefore have to wait five years until she could divorce him. In this case, the Supreme Court judges admitted that the law in this area is deeply unsatisfactory, but that it was up to the government to change it.

In response, the government heeded the calls for reform and initiated a consultation. As acknowledged in the consultation paper, the current requirements for a divorce can cause conflict between parties and encourage a focus on the past rather than making arrangements for the future. It also recognises the detrimental impact that such tensions can have on the children of separating parents. There is no doubt that raising

allegations of fault, whether they are true or exaggerated for the purpose of meeting the threshold for divorce, can inflame tensions, which often then filter into subsequent financial or child arrangements proceedings.

Under the government’s favoured approach for reform, the irretrievable breakdown of a marriage would continue to be the sole ground for divorce, but this would no longer need to be evidenced by one of the five facts (adultery, desertion, unreasonable behaviour, two years separation with consent or five years separation without consent). A spouse who believes their marriage has broken down would simply notify the court. The government also proposes removing the option for a spouse to contest divorce proceedings, which at the moment is very rare with only around 2% of respondents contesting.

The government’s proposals have been broadly welcomed in the field of family law and it’s hoped that these progressive changes can be implemented quickly.

Vanessa Asante Solicitor, Hanne & Co

THE CLAPHAM OMNIBUS 11

ARTICLE

WHAT YOU NEED TO KNOW ABOUT BPR Carrie Duncan answers our Business Property Relief questions...

What is it?

Business Property Relief (BPR) can be used to reduce the value of business assets for the purpose of calculating inheritance tax (IHT) on transfer. It’s available against gifts made during one’s lifetime or on death, and it’s a relief designed to allow businesses to be passed down through the generations without having to be dissolved or broken up as a result of IHT.

Who qualifies for BPR? Subject to a few exceptions, in order to qualify for the relief the business assets being transferred must have been owned by the person transferring them (the transferor) for at least two years immediately preceding the transfer.

What is the rate of relief available?

Where the conditions for relief are satisfied, the value of the qualifying business assets will be reduced by either 50% or 100%. The rate depends on the assets being transferred and who owns them at the time of the transfer. The 100% relief is available against property consisting of a business carried out by a sole trader or an interest in a business, such as a partnership share. It is also available against all unquoted company shares or unquoted company securities that give the transferor control of the company. The lower 50% rate is available against quoted shares that give the transferor control of the company or on land, buildings, machinery or plant used wholly or mainly in a business in which the transferor is a partner or has a controlling shareholding.

Are any businesses excluded?

Yes. To qualify for relief, the underlying business must have been carried on for gain. Importantly, the business must not consist wholly or mainly of dealing in securities, stocks or shares, land or buildings, or making or holding of investments.

What are the pitfalls?

Many business owners and major shareholders are aware of BPR and often assume that their business will qualify. And often they’re right, but there are some potential traps that could be avoided with sound professional advice and planning.

Examples of the most common pitfalls are:

The binding contract for sale Subject to a few exceptions, a business will lose the benefit of BPR if it is the subject of a binding contract for sale at the time of the transfer.

This restriction is designed to ensure that the benefit of the relief applies only to business interests and not to the cash proceeds of a business interest. Care should be taken when drafting partnership and shareholders’ agreements to ensure that on the death of a partner or shareholder, his or her personal representatives are not 12 THE CLAPHAM OMNIBUS

obliged to sell the interest to the surviving partners or shareholders, and that they in turn are not obliged to buy that interest. Careful drafting, for example, using a cross-option agreement could preserve the relief on the death or retirement of a partner or shareholder.

Cash in a bank account As a business becomes more successful, profits may build up in a company bank account. Unless it can be proven that the cash is required for the trade or is being properly retained for future investment in the business, relief will be denied against the value of the business attributable to that cash.

The wholly or mainly test As already mentioned, the legislation denies relief to businesses that consist wholly or mainly of dealing in securities, stocks or shares, land or buildings, or making or holding of investments. But this test is not clear cut and land-based businesses are often the subject of litigation between taxpayers and HM Revenue & Customs (HMRC).

There is a broad spectrum of businesses that may fall into this category – from landlords owning a property portfolio where the income from tenancies is considered investment activity to the owner of a property operated as a hotel or shop, which isn’t. A long contested grey area is the business of holiday lettings: in these cases, the taxpayers’ argument is that provision of a holiday letting involves more than the mere holding of land in order to obtain an income from it. They argue that where the land is used for the provision of other activities, the income received is as much from those activities as from the supply of the land itself.

The recent case of the Personal Representatives of Grace Joyce Graham (deceased) v HMRC (2018) is the last in a series of first-tier decisions around holiday lettings and the first that HMRC has lost.

In this case, it was accepted that the business was more like a family-run hotel than a second home let out during the holidays.

We also await the outcome of an appeal to the Upper Tribunal in the case of the Estate of Maureen W. Vigne v HMRC (2017), which may offer more clarity.

What should I do?

Invest in sound professional advice! BPR is a very generous, but complex relief that requires careful planning to ensure it’s maximised and your business is protected. For non-business people, it can even be used as a tax planning tool. Speak to your tax or financial adviser if you would like to know more.

Carrie Duncan Partner in the Wills & Probate department, Anthony Gold

ARTICLE

Super-exam or super sham?

What are the real reasons behind the SRA’s new qualifying exam, asks legal education expert Melissa Hardee

B

y now, most people have heard about the Solicitors Qualifying Examination (SQE), the centralised assessment that the Solicitors Regulation Authority (SRA) wants to introduce to replace the current pathways to qualification. In future, the only requirements for admission into the legal profession will be: a degree or equivalent; passing both parts of the SQE; acquiring two years of Qualifying Work Experience; and meeting the SRA’s character and suitability requirements. There will be no requirement for: a law degree, whether a qualifying law degree or otherwise; the Graduate Diploma in Law (GDL); the Legal Practice Course (LPC); or a training contract.

The SRA’s justifications for this are many and varied, and all generally lack logical coherence. To begin with, the SRA said the present system is too expensive. However, with the expectation that candidates for the SQE will have to do preparatory courses in order to pass the two parts of the exam, and that part two will consist of the highly expensive Objective Structured Clinical Examinations (OSCEs) currently used in medicine, this argument seems to have been dropped.

Then there is the argument that under the current system there is no consistency of standards with regards to the law degree, GDL or LPC. The problem with this is that it’s within the SRA’s power to impose standards and ensure consistency, but the authority has chosen to dismantle the quality assurance mechanisms for each of these programmes by dispensing with the Joint Academic Stage Board and the LPC monitoring scheme.

The SRA has also argued that the decision as to whether a trainee is competent and fit to practise at the end of their training contract is left to the firm’s Training Principal. However, since the SRA has never provided any guidance to Training Prinicipals, let alone any objective criteria to apply, this is a bit disingenuous. In fact, all the arguments the SRA has put forward do not bear scrutiny, which is why it’s so baffling that the authority is being allowed to proceed with this new exam.

A fairer system The SRA maintains that removing the current prescribed pathways to qualification will aid the very laudable goal of widening access to the profession and providing equal opportunities. However, the new flexible SQE is more likely to create a two- or even three-tier system, with those who know the least about the system or the profession – in other words, the very people we want to encourage into the profession – making uninformed choices about how best to prepare and what experience to get.

Removing prescribed pathways is akin to telling someone who doesn’t know London that they need to get to Highgate, but taking away the street signs and not recommending any 'fast', 'short' or 'economic' routes – or any routes at all. Just find your own way. Which isn’t helpful if you need to get to your Highgate quickly or cannot afford to waste money getting there.

So, is the SQE a done deal? Actually, it isn’t. At this stage, the Legal Services Board has only given approval for the SRA to amend its regulatory arrangements and has requested the authority to submit a

further application concerning the implementation of the SQE. The next application is expected in 2019 – but given the SRA’s determination to introduce this new exam, it’s likely that eventually it will succeed.

The SRA has only recently appointed its assessment provider, Kaplan.

Kaplan also runs the SRA’s Qualified Lawyers Transfer Scheme (QLTS), which incorporates OSCEs and comes at a fee of over £4,000. Kaplan now has the task of developing the SQE, testing it and piloting it, with an intended start date of September 2020 – which the SRA is currently saying is still ‘doable’, but that it may be 2021. And you thought Brexit was creating uncertainty.

In response to a request to help everyone by being prudent and committing to 2021, the SRA’s rep has said that the current system needs to be replaced as soon as possible because it’s not fit for purpose. So why then is the current system being allowed to carry on at all? And for a further 11 years after the SQE is introduced, according to the proposed transitional arrangements?

We have to ask ourselves what the real reasons are for introducing the SQE. Could it be that the SRA has to introduce a centralised assessment for the new solicitor apprenticeship pathway anyway? Or that the SRA wants or needs to cut resources? (What happened to the SRA Education Training Unit?) Or is it a lack of appetite to regulate education and training and/or the solicitor qualification? (What happened to the SRA training committee?) Or is it just a dominant ideological view at the top of the SRA? You can take your pick.

For law firms, one of the challenges that the SQE will bring is dealing with the effects of the transitional arrangements, which will mean having some employees in the firm pursuing existing pathways while others take the SQE route – which could be for a considerable time, since the SRA’s current position is that if someone has started on an existing pathway before the introduction of the SQE, they are entitled to continue on it.

Another challenge will be recruitment: how to compare apples and oranges? Candidates will range from having done a law degree to having done no substantive legal study. From having done vocational study on an LPC (if it’s still offered) to having done no vocational study. From having undertaken a two-year training contract (if they’re still offered) to having acquired the necessary experience through undergraduate placements (not necessarily on a law degree), paralegal experience or work in an organisation where there just happens to be a solicitor.

Firms may, quite understandably, decide to go with what they know. And if they do, candidates who have not followed traditional routes may well lose out. But equally that means firms may lose out on good non-traditional candidates. An improvement on the current system? Only if one believes in 'The Emperor's New Clothes'.

Melissa Hardee Solicitor, consultant at Hardee Consulting and specialist adviser in legal education and training hardeeconsulting.com THE CLAPHAM OMNIBUS 13

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

View sample pages at lawsociety.org.uk/books

ARTICLE

3 common mistakes when it comes to completing the legal directories “Hurrah! Legal directory season!” said no-one ever in history. Whilst they can be time consuming and a nuisance to complete, the annual legal directory submissions do have a place in the legal community when it comes to winning clients.

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’ve put together a short list of the top three mistakes made when completing the submissions.

1. Neglecting the referees The referee spreadsheet can sometimes be seen as secondary when it comes to the submissions and the majority of the focus placed on the contents of the cases. It is important to remember that researchers will listen to what your referees say and this all builds up the image of you in the industry. It’s important to properly brief your referees, asking them well in advance for their permission to be included. Once you have submitted your referees, you cannot add extra in so you don’t want to waste a slot for someone who won’t respond.

2. Using legal jargon It’s important to remember that the researchers who will be reviewing your submission, and indeed wider category, may not be familiar with your area of the law. Try to make reading your submission as easy as possible by avoiding any abbreviations, acronyms or specific legal terms (if you can, write them in plain English instead). With a stack of submissions to read per category, you don’t want to give the researcher additional work or make them skip things if they don’t have time to review.

3. Leaving them to the last minute Submissions normally take longer than you think to complete so allowing plenty of time is key. By the time this issue is printed, the start of the new directories will be launching. You really should be starting to plan for any submissions you are putting forward in December now. When putting together a team submission, you will want to be able to reference most of the cases in the early sections so to do this you need the entire document complete. You almost should start with the cases and do the early parts of the submission last.

Do you agree? What do you find to be the most challenging areas of the submissions? Send me an email and let me know: eileen@eileen-donaghey-marketing.co.uk

Eileen Donaghey Eileen Donaghey Marketing

THE CLAPHAM OMNIBUS 15

ARTICLE

Women in law What happened when a group of forwardthinking females got together to discuss their place in the profession

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n August, a round table was held at Anthony Gold’s offices in London Bridge to discuss the issues faced by women in the profession of law.

The aim was to be open, constructive and imaginative in looking at the issues and how to resolve them, and the result was a range of ideas and positive suggestions.

The first topic on the agenda was unconscious bias. The dominant theme that emerged was that it tends to be men who are unconscious of bias, while women are more aware because they confront bias in their careers. In a profession still dominated at senior levels by middle-aged white men, the group’s view was that men may not even be aware of their perceptions and how damaging they can be. However, more positively it was noted that the profession is changing – just perhaps not fast enough, as law remains the least equal profession according to recent research by the Law Society (March 2018; search ‘gender equality’ on lawsociety.org.uk).

A significant barrier to change remains the ‘old boy networks’ and exclusively male social circles, which are difficult for women to break into.

For example, men often network after hours in pubs and clubs, on golf courses and at sports events, and it can be difficult for women with childcare, or other care responsibilities, to join in. At the same time, assumptions are made about women who have children and their level of commitment to the job.

NOTE FROM THE EDITOR If you’d like to write an article or have some news to share, email me at omnibus.editor@gmail.com

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The group proposed a number of suggestions, including: ● Blind sifting CVs (details of race, gender etc not revealed) ● Aligning recruitment training to an accepted standard, such a Lexcel ● Forming visible support groups within firms, such as LGBT groups, to help break down barriers and shift perceptions ● Referring to ‘agile’ working, rather than ‘flexible’ working, and using the concept to counter the ‘long hours’ culture that is so damaging for everyone The group ended by discussing possible actions: ● The Law Society could provide more and better guidance to firms, including toolkits, fact sheets and training. ● More diverse routes into the profession, such as apprenticeships, should be encouraged and developed to encourage people from different backgrounds, with more grants and scholarships available. ● Explore different methods of recruitment and different ways of looking at progression and promotion, including assessment days, visits to firms or seminars held by firms, rather than traditional interviews. Involving more people in the recruitment process, including at the early stages, could help to avoid unconscious bias. There should also be training around actively avoiding unconscious bias and supporting diversity and inclusion. ● Sponsoring, providing role models and mentoring (including reverse mentoring) can all build confidence and expertise among junior staff, while support groups (in and outside work) could help to counter the effects of ‘old boy’ or traditional male networking. ● It was acknowledged that introducing equal male/female quotas might prove difficult, so initially smaller quotas could be introduced that gently progress to more equal ratios. ● Recruiting and investing in apprenticeships, rather than internships. ● Offering more training for women and black, Asian and minority ethnic (BAME) solicitors to progress to the judiciary.

In conclusion, this relatively short meeting achieved its aims by producing positive and practical ideas that will now be considered as part of the Law Society’s ongoing research.

ON LA ND W SOCIETY

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Thanks, Samantha Whitaker editor

There was a strong sense that men need to take responsibility and ‘own’ the problem of unconscious bias, rather than expecting women to take responsibility for ending it. We all need to recognise it and take into account different values and cultures, but men must lead by example.

Flexible working Regarding flexible working practices, the first point was that this should be the norm, rather than a favour. And as long as a fee earner’s billable hours are hitting target, it shouldn’t matter when those hours are done. It was acknowledged, however, that flexible working can be a problem for smaller firms and for solicitors dealing with litigation because of clients’ needs and the courts’ demands.

Lack of flexible working is a reason why some women leave the profession and it was noted that many find it difficult to discuss the reasons for wanting flexible hours for fear of being seen as less capable than a male colleague.

There was also a sense that there are regional variations in flexible working, which are worth considering.

Gender pay gap After all the publicity, it’s still not clear what is being done about the gender pay gap. Solicitors’ firms need to be much more transparent about pay grades and salaries, with thought given to if and how pay might be standardised (including for non-fee earners).

SOUTH LONDON LAW SOCIETY southlondonlawsociety.co.uk

16 THE CLAPHAM OMNIBUS

Maud Davis Member partner, TV Edwards LLP

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EVENTS

© jampondphotography.com

The Expert Witness Institute Conference: September 2018 A

nother first-class get-together at Church House, Westminster for our leading experts to have a natter and be briefed on new case law from judges and lawyers. This time the theme was ‘judges under the microscope’. The conference was chaired as amiably and effectively as ever by Amanda Stevens and the keynote speech was delivered by Sir Ernest Ryder, Senior President of Tribunals, which reviewed how experts assist the court process. Sir Ernest did not disappoint! And attendees took the point that judges in future will have a much stronger lead role in the management of contentious cases from the outset. You can read his full speech on the judiciary website.

Then there was an entertaining, but equally serious presentation from Andrew Ritchie QC on expert evidence and the seven deadly sins, which gave us a quick trip around recent decisions with the theme of the seven sins – which we won’t remind you of. It was heavy on detail, but delivered with a lightness of touch, and Andrew stayed for the questions afterwards.

Martin Spencer gave an important speech after one year as the Expert Witness Institute (EWI) chair. It had been a challenging time with staff changes and Martin’s new job as a High Court judge on circuit, which he spoke about frankly. He also talked of the exciting developments with

EWI in Singapore – a recurring theme throughout the day. There was also an update on the continuing importance of member engagement, membership support and the Expert Certification programme.

Further sessions included a presentation on EWI Singapore, with contributions from Sir Vivian Ramsey, Dr Thomas Walford and Chris Easton, and the event concluded with the usual lively Q&A session, which has become an important feature of EWI conferences in recent years. This was led by Dr John Sorabji with some most realistic views on the development of certification from Sandy Mackay.

The sad passing of Sir Louis Bloom-Cooper was also announced. Louis was known to many throughout the legal world and beyond for his indefatigable support in some many areas of legal controversy. He was a leading figure throughout his life, playing a major role in the EWI and Amnesty among others and he will be greatly missed.

EWI conferences remain an excellent day out to update both experts and lawyers. Members will meet next in September 2019 – the post-Brexit era – so keep that date in your diary.

Elizabeth Taylor and Philip Taylor MBE Richard Green Chambers THE CLAPHAM OMNIBUS 19

FREE WILLS WILLS AND PROBATE MONTH

How far back can I trace my ancestors?

The first port of call when it comes to finding out the basics about your relatives, even if your interest in family history is minimal, is through the use of census records. Bursting with useful information that can see your family tree grow within minutes, the most popular genealogy sites store these, enabling you to reach names at speed.

20 THE CLAPHAM OMNIBUS

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hat said, you may reach a certain point where you’re looking for facts before the census began.

General registration of records of birth, deaths and marriages began in 1837, and the first useful census was collected in 1841. (The first ever census actually dates back to 1801, but has no useful information – it’s essentially just a list of names!) What about before that?

What are your options then?

Winding the clock back further, records can be found in the main parish registers. It was Henry VIII who decreed that each of the 11,000 parishes should keep a record of baptisms, marriages and burials from 1538 onwards.

Although these don’t hold as much information as the census gives us, they’re a useful and reasonably reliable source to look at. Britain actually has some of the greatest in the world, in terms of accessibility and detail.

Parish registers can be found in county archives, but it’s worth remembering that whereas a census would tell you where your relative was born, a parish register will only tell you about their baptism. This is a small but potentially vital detail, which could have a huge impact on your research.

When you come to look through these registers, you’ll be looking for specific entries for particular people. This

means you need a name to go from. Equally, it’s important to remember you may need to physically visit a church or record office as there’s no central archive that holds all this information. The information available, even then, is likely to be sparse, as it all depends on the vicar who recorded it at the time. Some only mention the facts, whereas others might have more details, such as wedding preparations.

As heir hunters, at Fraser and Fraser we very rarely have to use records predating the census records. For probate researchers, parish records are mostly used when working on a trust case, which may have been going on for some time. Even in this instance, it’s usually only helpful to determine someone’s age. That said, for those interested in ancestry and family history, parish records are incredibly helpful, and we would recommend delving that bit deeper if you’re wanting the full works.

If you are a solicitor, trustee of an estate or an individual having trouble with finding an heir to a Will, get in touch today to find out how Fraser and Fraser can help you.

We have our own library, access to various records, specialist software, and national and international connections that can help us help you. Call us on 020 7832 1400 or email legal@fraserandfraser.co.uk

WILLS FREE AND WILLS PROBATE MONTH

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

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

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

He and his beloved wife, Pat, spent 40 years

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

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

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

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

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

THE CLAPHAM OMNIBUS 21

WILLS AND PROBATE

Estate administration: Are you or your clients doing enough to protect unoccupied properties this winter?

Often, when a property becomes unoccupied, there can be extra risks that are not present in an occupied property. As experts at insuring unoccupied properties, the team at Unoccupied Direct has compiled their best advice to give to your clients when looking after an empty property.

22 THE CLAPHAM OMNIBUS

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t can take months to distribute an estate to its benefactors, so taking care of it through the winter can prove important.

Keep the heating on and maintain the property Cutting the gardens back, collecting post and keeping the driveway or front yard free from weeds and relatively tidy will help make it seem that there is still someone living there, putting off possible thieves, squatters or vandals.

Also, keeping the heating on at a minimum of 12°C will ensure that problems such as mould or burst pipes are less likely to occur, saving on higher costs of repair further down the line.

Ask neighbours and invest in good quality light and alarm systems Particularly if the property has been left unfurnished, a reliable alarm system and automated lighting that comes on at intervals in the darker evenings can help deter potential thieves.

Also, a trusted neighbour could be asked to keep an eye on things, such as if the alarm goes off or collecting post. They could also be offered an available parking space in return for their favours and this also goes a long way to making the property look used and cared for.

Check the home insurance is still valid Some insurers enforce a rule on many policies, where they’ll stop providing cover, or reduce it, for homes left unoccupied for more than 30 - 60 consecutive days. This can be a problem when it comes to probate clients, as the average time for probate and estate administration to complete is six to nine months.

The team at Unoccupied Direct works hard to make things as easy and time-effective as possible for solicitors, whilst providing the highest quality cover for any private clients, executors, attorneys or deputies with an unoccupied home to protect. For more information, simply head to: unoccupieddirect.co.uk, or give the team a call on 0800 015 2211. You can also email our Business Development Managers directly to set up a meeting or with any other queries, at: bdms@unoccupieddirect.co.uk â–

SOFTWARE

Our legal case management Endorsed by the Law Society

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he Law Society has been added to the growing list of more than 65 regional and municipal law societies and bar associations across the world to approve Clio as a case management solution. Clio is now the first completely cloudbased legal case management solution to earn the endorsement of the Law Society of England and Wales.

“The Law Society is pleased to be endorsing Clio and their completely cloud-based case management software,” said Simon Drane, the Law Society’s Executive Director of Business Development. “We identified Clio as a supplier which suits our members’ needs, especially as business efficiency is central to performance.”

As the independent professional body for solicitors in England and Wales, the Law Society strives to be the voice of solicitors, to drive excellence in the profession, and to safeguard the rule of law. Representing the interests of over 160,000 registered legal practitioners to parliament, government and regulatory bodies, the Law Society of England and Wales influences the legislative and regulatory environment in the public interest and promotes the legal profession.

“We are excited to be endorsed by the Law Society of England and Wales to help legal professionals across the UK gain the benefits of moving to the cloud,” said Jack Newton, CEO and Co-founder of Clio. “We are committed to transforming the practice of law for good, and we look forward to continuing our educational efforts and supporting the Law Society in moving the practice of law forward.”

Before Clio, case management solutions available in the UK were outdated, server-based, and costly to purchase and manage, typically requiring extensive hardware and IT support. This put case management solutions out of reach for the average smalland medium-sized law firms. Since Clio came to the UK, the organisation has been continuously iterating and developing solutions designed specifically for UK law firms to stay competitive in an ever-changing and demanding market.

With Clio’s cloud-based legal case management software, solicitors can manage their cases from intake to invoice in one centralised, compliant platform. They can eliminate tedious tasks and gain better insights into their work, firm, and clients – from anywhere, at any time.

Also approved by the Law Society of Scotland, Clio has helped thousands of UK legal practitioners move to the cloud and work more efficiently and effectively, with current customers singing the organisation’s praises.

“I am very happy with the Clio software which enables me to run my legal practice efficiently and effectively. The customer service from Clio is exceptional, which means that I can always get the help I need to learn new aspects of the software and continually improve my client care. The Clio team is approachable, knowledgeable, professional and reliable, which is exactly what my business requires,” said Katie Beckett, Director at The Notary Solution Limited from Leeds, England.

This commitment to transforming the practice of law for good goes beyond the software. Clio is committed to supporting lawyers in the UK through educational resources and has already participated in over 70 events, written over 80 guides, white papers, blog articles, and instructional materials, and has hosted over 1,000 webinars, personalised training sessions and online courses.

With this new partnership, Clio looks forward to supporting even more UK practitioners in taking their practice to the cloud, and is offering members of the Law Society of England and Wales complimentary data migrations.

For more information, please contact:

Sasha Perrin Senior Manager, Brand and Communications 1-888-858-2564 x625 sasha.perrin@clio.com

THE CLAPHAM OMNIBUS 23

MANAGEMENT

Outsourcing your cashiering?

Once you’ve decided to outsource your legal cashiering, any supplier will do, right? After all, the way these outsourcing providers manage your accounts and support your business is the same, isn’t it? Surely the only difference will be the price you pay for the service, won’t it?

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he answer to these conundrums is a resounding ‘no’! There are an increasing number of outsourced cashiering suppliers – legal software companies are forming partnerships with outsourcing bureaus to expand their offerings; new bureaus are being established; freelancers are setting up as virtual cashiers to work from home – so you’ve certainly got plenty of choice when it comes to outsourcing your back office accounts function.

While there are some familiar threads running between these various suppliers, in comparison to Quill, they’re poles apart. We’re going to show you why…

Commonality: shared use of Interactive Have a quick browse through the ILFM’s Software Guide and you’ll see the long list of legal accounts systems available in the market. This isn’t an exhaustive list either. These competitive systems contain effective tools to help legal cashiers maintain accounts in a compliant, secure, due diligent manner.

But the way you perform an accounting task on one, let’s say posting your daily transactions, will vary on another.

Also, not all systems will contain warnings and notifications for actual and potential breaches of legal accounts rules. The range of functionality makes one system a very different beast to another.

As well as being the toolkit for in-house cashiers, these same systems are operated by outsourcing providers too. And, as any workman knows, his work is only as good as his tools. In other words, the ensuing service you receive will fluctuate pretty drastically from one supplier to the next, depending upon the legal accounts system opted for. The inconsistencies between them can be fairly extreme.

In terms of our software, Interactive is backed by a dedicated software development team based in our Brighton office, so new and enhanced functionality is constantly being rolled out, benefiting end users whose daily work is made easier, more efficient and categorically compliant as a result.

Interactive’s also a recognised market leader, having been around for 40+ years and boasting two ILFM software awards.

Not only is our software high quality, which enables us to work better than other outsourcing providers, it’s used universally by Quill cashiers. It’s a common platform, facilitating common procedures, maintaining common standards, empowering a common experience for all users of our Pinpoint outsourcing service. No deviations. No inconsistencies.

Overseers: monitoring by senior staff As an additional guarantee of quality service provision, our cashiering operation is closely monitored by experienced, knowledgeable team members who cast a trained eye over completed tasks, checking for accuracy, speed, volume and consistency, reinforced by metrics from our powerful quality and performance management Interactive system, interpreting data processed by all the cashiers. Our cashiers work in teams of six with a supervisor heading up each group. Any anomalies or discrepancies, including items highlighted by Interactive, are spotted and resolved straightaway, giving you confidence in error-free bookkeeping. No other cashiering bureau can boast access to such management information intelligence drawn from one central software platform.

Where speed’s concerned, any law firm knows about the strictly enforced deadlines for filing month and year-end accounts, including those all-important VAT returns. Our system also holds key compliance dates specified by each firm’s designated regulator (SRA, CLC or Law Society of Scotland) to generate management alerts of overdue tasks. For example, we can identify sites not being closed quickly enough at month end which is set as the 7th of each

24 THE CLAPHAM OMNIBUS

month by the CLC and track that VAT submissions are logged in time for the relevant quarter. Close monitoring, and intervention if needed, ensures accounts are submitted on time, every time.

On the volume side of things, this behind-the-scenes management information also tells us how many e-chits are being processed by each cashier. This helps us to allocate the right mix of sites to our cashiers so everyone’s got a similar balanced workload and no one’s being overworked. For end users, you can be reassured that your assigned cashier’s got the capacity to give your accounts their proper attention. By not being stretched too thinly, we’ve got your back.

There are a plethora of reports within Interactive, accessed by the Pinpoint management team, supporting the delivery of consistency across hundreds of clients. This starkly contrasts with other bureaus which lack the same control mechanisms thereby compromising consistent standards, and allowing opportunities for mistakes and bad habits to creep in.

Collaboration: it’s a team effort Pinpoint is a close alliance between you and us. We’re connected together by Interactive. You enter daily e-chits into Interactive – which is essentially a daily record of monies in and out to your client and office accounts – and we pick up from there. We literally do everything else – billing, reporting, VAT returns, ledger and bank account management.

It’s likely you’ll interact with your named cashier every working day. As such, you build a strong relationship. Pinpoint clients repeatedly tell us how their cashier feels like another employee, just someone not based in the same office. We rely on you to log all transactions. You rely on us to keep your accounts in order. By each fulfilling our side of the bargain, it’s a successful partnership.

There’s a point to be made about team working within Pinpoint as well. You see, our cashiers don’t operate in isolation. If your assigned cashier doesn’t know how to rectify any accounts-related problem, he/she will simply call upon the help of his/her colleagues and supervisor. As the largest outsourced cashiering bureau in the UK employing some 50 legal cashiers, they possess a combined total of approximately 300 years’ experience. And that’s a conservative guess. We’ve seen it all before. No issue is novel. You can bet your bottom dollar that we know the solution.

Automatic absence cover is provided with the service too. If your cashier is off work on holiday, sickness, maternity, paternity or other leave, as everyone is from time to time, his/her designated deputy will manage your accounts instead. Obviously you don’t get these advantages with a one-man-band type bureau.

Next step: find out more If we’ve sharpened your appetite for more, read our earlier articles on the subject of outsourced cashiering, published on the Internet Newsletter for Lawyers website. There’s ‘Outsourced cashiering and your bottom line’, ’Ten reasons to outsource your cashiering’ and ‘How outsourced cashiering works’ for beginners.

To find out more on our Pinpoint outsourced legal cashiering service, please visit quill.co.uk/Outsourced-Legal-Cashiering, email info@quill.co.uk or call 0161 236 2910. ■

Julian Bryan Managing Director, Quill

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CONVEYANCING

Interaction is key to getting the most of your CPD A

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

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

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

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

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

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

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

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

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

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

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

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

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

26 THE CLAPHAM OMNIBUS

about the industry, legislation and products available to them.

PROPERTY

Network Rail

lose appeal in Japanese knotweed case

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

T

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

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

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

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

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

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

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

28 THE CLAPHAM OMNIBUS

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

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

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

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

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

Sharing our expertise.

CPD

CPD from Geodesys. All you need to know.

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

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

www.geodesys.com/events

BOOK REVIEW

THE TAXATION OF PRIVATE PENSION SCHEMES AND THEIR BENEFICIARIES First Edition. By Matthew Harrison ISBN: 978 0 41406 620 5 Sweet & Maxwell sweetandmaxwell.co.uk

T

he UK taxation of private pension schemes and the benefits provided from such schemes is the subject matter of this new book published

by Sweet & Maxwell. In an area in which there is no established authoritative textbook, this book will be a welcome addition to practitioners’ libraries.

The old system of tax ‘approval’ of pension schemes was replaced with a new regime applicable to ‘registered’ pension schemes with effect from 6 April 2006 (usually referred to as A-Day). The stated purpose of the reform was to simplify the taxation of pensions and to increase choice.

Subsequent meddling by successive governments has created an incohesive mass of legislation so complex that few practitioners fully understand it. The changes brought about by the Taxation of Pensions Act 2014, in particular, have created a regime of unprecedented flexibility, to such an extent that in many cases the benefits provided under a registered pension scheme will not even remotely resemble a ‘pension’ as that term has traditionally been understood. At the same time, the law relating to the taxation of unregistered pension schemes has undergone similarly seismic changes: not only are practitioners now required to contend with the overriding disguised remuneration provisions, but they must also grapple with the potentially far-reaching changes made by the Finance Act 2017. There is clearly a compelling need for a textbook dealing comprehensively with this area.

Part one of the book provides a detailed analysis of each aspect of the regime applicable to registered pension schemes, including the various tax reliefs and exemptions available, the taxation of benefits, the annual and lifetime allowances and the provisions relating to unauthorised payments. There are also chapters focussing specifically on the registration (and de-registration) process, the office of scheme administrator, the taxation of scheme chargeable payments, and the applicable inheritance tax provisions.

30 THE CLAPHAM OMNIBUS

Part two deals with domestic and international unregistered pension schemes, including relevant non-UK schemes (such as QROPS), QNUPS, EFRBS, s. 615 schemes and also the pre-A Day regimes applicable to FURBS and correspondingly approved schemes. Separate chapters deal with the taxation of contributions, scheme investments, benefits, the disguised remuneration provisions, and the relevant inheritance tax provisions.

All private pension schemes are within the scope of the book, whether occupational or non-occupational, large or small, providing money purchase or defined benefits. The book does not, however, cover public sector schemes or the state pension.

For those who do not specialise in pensions, the book helpfully references the applicable pension legislation and other relevant non-tax law where appropriate.

The author recognises that HMRC’s extensive guidance in the Pensions Tax Manual (PTM) is an excellent resource insofar as it relates to the practical application of the tax rules. But to the extent that the PTM represents HMRC’s interpretation of the technical aspects of the law, it is more open to scrutiny and is in any event subject to change without notice. As the author notes in the preface, “[t]here seems to be a greater tendency amongst those advising on the taxation of pension schemes to treat the PTM as a definitive statement of the law than there is in other areas of tax law. Any tax adviser approaching the PTM in this way is doing his client a disservice.”

The author has endeavoured to state the law as at 1 November 2017. ■

A review by Elizabeth Taylor and Phillip Taylor MBE of Richmond Green Chambers

2019

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