Hampshire Legal August 2018

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LEGAL HAMPSHIRE

The Official Journal of THE HAMPSHIRE LAW SOCIETY HAMPSHIRE LAW SOCIETY

AUGUST 2018

Hampshire Law Society

LEGAL AWARDS 2018

ANNUAL DINNER AND AWARDS 2018 (See Page 16)

Inside this issue:

HAMPSHIRE LAW SOCIETY

■ Conveyancing ■ Wills and Probate ■ Happenings in Hampshire



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

Contents Introduction

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Officers President’s Review

Local News 6-14

ADVERTISING AND FEATURES EDITOR Anna Woodhams

Happenings In Hampshire

Hampshire Legal Awards 16-20 Hampshire Legal Awards 2018

GRAPHIC DESIGNER John Barry

Social Events

ACCOUNTS Joanne Casey

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MEDIA NO. 1583

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Hampshire Social Events

Training 22-23 Hampshire Law Society – CPD events

PUBLISHED August 2018

Article

© The Hampshire Incorporated Law Society Benham Publishing

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

Dreamvar: a recurring nightmare for conveyancers?

Printing 25

Bluedot Display...

Food

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Samba Salad

Conveyancing

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

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DISCLAIMER

Local Searches – Just what is happening?

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

Health

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

Wills and Probate

Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice. COVER INFORMATION Chris Packham, Kristina Colmer (President) and Joe Robertson (Vice President) Hampshire Law Society 2018 Annual Dinner & Awards, Hilton Hotel at the Ageas Bowl. CREDIT © BELINDA HARVEY, Photographer.

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Working outside office hours? A family’s unexpected discovery changes the way the estate is distributed Ollie and Scruffie

Inheritance Tax 32

Death and Taxes

Notices 34

Notices

Copy Deadlines Autumn Winter Spring

18th October 2018 30th January 2019 18th April 2019

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

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

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

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

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Contacts

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

President

Law Society Council Members

Miss K Colmer (Kristina)

Razi Shah (North Hampshire)

Email: kricolmer@hotmail.com

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

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

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

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

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

Nick Gurney-Champion (Residential conveyancing)

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

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

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

Business Development Officer Alison Plenderleith

Russell Evans

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

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

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Joe Robertson jrobertson2006@hotmail.co.uk

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

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

Complaints

Education & Training

Litigation & Disputes Resolution

Membership

Roderick Hursthouse Alison Plenderleith Deglan Rowe

Non Contentious

Matthew Robbins Simon Whipple Nick Gurney Champion

PR

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

Publicity

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

Regulatory

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

Social

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

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


Introduction

President’s Review Summer 2018 It is hard to believe that last edition I was mentioning the snow and now we are in the longest and hottest heatwave since 1976.

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e have a had a busy few months at HILS and I must once again give thanks to our immediate past president for stepping in at the last minute to attend the BB&O annual dinner, thank you Russell. I was able to attend the Basingstoke AGM and it was a very enjoyable evening, thank you for the kind invite. In May HILS had its annual dinner at the HIlton Ageas Bowl with Chris Packham as our guest speaker and awards. I enjoyed the evening immensely and I hope all will agree that Chris Packham was fantastic on the night and provided a thoroughly interesting and at times thought provoking talk. Special thanks to Alison and Nicola who without their hard work this event could not take place each year. Our summer programme is been packed with social event from bowling to walks in the woods. Despite the heatwave and drought

the second planned walk had to be cancelled due to rain. The first walk went ahead with a great following which included a number of young children and dogs all enjoying the countryside. I am very much looking forward to the next walk on 12th August and hope I can make it and see lots of you there too. Don’t forget our planned bbq on 15 September. (see page 21) I am delighted to announce that I have just started my maternity leave ready for an exciting new arrival in a few weeks. I will still be around checking emails when time permits but it may be better to contact Nicola initially with any queries and she can forward them to the best person to answer your questions. â–

Kristina Colmer Hampshire Law Society President

Honorary Secretary

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ampshire Law Society is looking for a new Honorary Secretary to replace our current Secretary who is standing down at this year's Annual General Meeting. As a member of the Society would you like to participate in the work of the Society and become a valued member of the Committee? The Hampshire Incorporated Law Society is a registered company, and the Hon. Secretary is also formally the Company Secretary and has this responsibility. Apart from this, the main responsibility is to ensure the administrative aspects are carried out appropriately including preparation of agendas and formal Minutes of meetings. Attendance is desirable at Committee meetings to advise the President and other members of the Committee. The Committee meets Bi-monthly for formal

meetings with various social and other meetings from time to time. Although the role is not remunerated reasonable expenses may be reimbursed, including the cost of attending the Law Society's Annual Presidents' and Secretaries Conference. The Society has a paid part time Administrator and also a Business Development Office who provide the necessary administrative and clerical support to the Secretary and Committee. If you are interested in this role please contact Mrs.Nicola Jennings in the first instance at administration@hampshirelawsociety.co.uk

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Happenings in Hampshire

easy convey purchases Finlay Associates to provide comprehensive easy search service easy convey has acquired Finlay Associates Ltd. Founded in 2003 by Richard Norman, Finlay Associates is one of the most trusted companies in the search industry.

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Pic: Tom Durbin St George, Managing Director Easy Convey Inset: Richard Norman, Director Finlay Associates.

inlay delivers a powerful combination of the highest standards in residential and commercial search, decades of experience and unrivalled local knowledge to its clients. This move sees the launch of easy search from easy convey, a high-quality residential and commercial conveyancing search provision to be implemented into easy convey’s conveyancing case management platform. All searches are available, including configurable search packs, favourites, alert notifications and integration with Land Registry mapping services for property boundaries. easy convey gives a personal service and doesn’t have a call centre. Clients have a dedicated easy search account manager,

who can give assistance with failed environmental searches. "easy convey is the perfect fit for us and shares the same ethos as Finlay Associates, that of professionalism and exceptional customer service. We are excited about adding searches to the easy convey product portfolio and assisting its continued growth” said Richard Norman, Director Finlay Associates. Tom Durbin St George, Managing Director of easy convey, comments “This acquisition enables us to seamlessly integrate comprehensive and high-quality searches into our conveyancing case management software offering. We are delighted to provide this professional product and expertise to easy convey clients.” ■

Coffin Mew issues warning following investment scam Leading law firm Coffin Mew, with eight offices across the south, has issued a warning following a wealth investment seminar in Hampshire was found to be a scam.

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Pic: Annabelle Vaughn

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nnabelle Vaughan, Partner and Head of Court of Protection & Wills, Trusts & Probate at the firm explains: “several of our clients attended a seminar in January 2015 with the slogan ‘protection you can trust’ regarding protecting their assets. “As well as drafting lasting powers of attorney and wills with the company, our clients agreed to transfer their property into trusts as well as £50,000 into an investment. The company assured our clients that they would act on their behalf as trustees and our clients were delighted to have professionals handling the job. As part of this, the company would oversee the logistics of moving the property and the funds – all our clients had to do was pay them to do it.

“Just over a year later our clients received confirmation of the investment, but that was the last they heard. The matter came to light during an appointment with Neil Irvine and Charlotte Smith from our Wills Trusts and Probate team” Neil, an experienced trusts solicitor warns: “Always conduct a background check with a company you’re going to invest in and make sure they are registered with the FCA. Our clients are unlikely to recover their investment, but at least we were able to rectify the trusts and amend the Land Registry. We have also drafted new wills to ensure that, should the worst happen, our clients’ wishes will be followed.” For more information, please visit www.coffinmew.co.uk. ■


Happenings in Hampshire

SBA

The Solicitors’ Charity appoints new Chair of Trustees SBA is delighted to announce that Matthew Robbins has been appointed as its new Chair of Trustees. He takes over the reins from outgoing chair, Christl Hughes, with immediate effect. Pic Matthew Robbins

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rticled in a small Southampton firm, Matthew first became involved with SBA over 20 years ago, when he began volunteering for the charity as a local Area Representative. In the Hampshire area, Matthew has served as the President of Hampshire Incorporated Law Society (HILS), Organising Secretary of Lawline Southampton and also launched the Southampton Community Legal Services Partnership with John Denham MP. Matthew currently works as a solicitor in private practice, mainly in commercial property, at Jasper Vincent Solicitors, where he is also Senior Partner. Earlier days of Matthew’s involvement with SBA were characterised by some notable fundraising challenges, including paddling 140 miles of canal from London to arrive at the Solicitors Annual Conference in Birmingham by canoe. He was elected to the SBA Board of Trustees in 2010, having been proposed by his mentor, the late John Griffin.

Matthew commented: “It is an honour to be elected Chair of SBA The Solicitors’ Charity, an organisation dedicated to helping colleagues and their families in times of need or crisis. As a Hampshire solicitor, it gives me particular pride to re-affirm the longstanding connections between SBA and Hampshire lawyers. “I very much look forward to developing ways for SBA to extend its reach into local legal communities, including Hampshire, encouraging firms of all shapes and sizes to support the profession’s own charity and help spread awareness as well as raising funds.” Christl Hughes, SBA’s outgoing Chair, remains on the SBA Board of Trustees. She said, “It has been a source of great satisfaction over the last few years to see the number of SBA beneficiaries steadily increasing. Thank you to everyone who continues to contribute to this ongoing endeavour.” ■

Clarke Willmott LLP shortlisted for property law award National law firm Clarke Willmott LLP has been shortlisted for South Coast Property Law Firm of the Year. Pic Peter Swinburn

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eter Swinburn, partner and head of the Commercial Property team in the Southampton office said: ‘We are excited to be shortlisted for Property Law Firm of the Year. The shortlisting reflects the high quality of work the team produces and of the employees in the team’ The property team at Clarke Willmott has grown from four staff in 2011 to 31 staff, including five partners in 2018. Each partner lead their own team in specialist areas; including Investment, Retail, Portfolio Management, Ground Rents, Residential and Commercial Development and Commercial and Private Client sales and acquisitions. Clarke Willmott clients are well known market leaders in their own right to the sectors in which they work, and include Fat Face, Orvis and the Cornish Bakery amongst others. The

team works with the support of an extensive admin and secretarial team which ensures that each matter is dealt with in an average turnaround time of less than 24 hours for each enquiry. The South Coast Property Awards are run by The Business Magazine in Hampshire and will be hosted by Jake Humphries at the Hilton Ageas Bowl on the evening of the 19th July. Clarke Willmott is one of only five law firms on the South Coast in the final for the coveted South Coast Property Law Firm of the Year Award. Clarke Willmott LLP is a national law firm with seven offices across the country, including Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton. For more information visit www.clarkewillmott.com

HAMPSHIRE LAW SOCIETY

AGM and Christmas Dinner Date: Thursday 29 November

Timetable: 1630 – Refreshments 1700 – AGM 1800 – Sponsor presentation 1815 – Pre dinner drinks 1900 – 3 course dinner 2130 – After dinner speaker

Venue: St Marys Football Stadium, Southampton

Cost: AGM only – free for members

Dinner: £32.00 inc three course seasonal dinner with coffee

After dinner speaker: David Parkinson, CEO of Wines GB David, a local man grew up in the brewing industry, David’s career has spanned the wine trade, advertising and local government. For 10 years he worked in wine production, sales and marketing mainly in France, Spain and USA, after which he switched career to spend the next 18 years in consumer and business-to-business advertising. Since 2007 he has been closely involved in local and central government projects, which has included being leader of a District Council. David relishes the opportunity to ensure that the British wine industry continues to prosper. WineGB the President of which is HRH Camilla, Duchess of Cornwall, aims to promote the English and Welsh Wine industry and to represent wine growing and wine sales issues with government, local government, tourist organisations, trade associations and internationally. David will provide an entertaining insight into the industry and outlook for the future of British wine. administration@hampshirelawsociety.co.uk

Sponsored by

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Happenings in Hampshire

Introducing our new corporate sponsor

AVOID THE RUSH Investing your ISA allowance early in the tax year can prove rewarding over the long term.

The traditional last-minute dash will have seen millions of UK savers rush to beat the tax year-end deadline to invest their ISA allowance. And having done so, many will do the same thing as next April approaches. Human nature dictates that we are often only prompted to act when faced with a deadline, particularly when it’s a ‘use it or lose it’ opportunity such as the annual ISA allowance. But there are a number of reasons why it makes sense to invest in an ISA at the start of the tax year instead. “Perhaps most obvious is the peace of mind that comes from getting ahead with your ISA planning and avoiding any end-of-year panic,” suggests Phil Woodcock, Head of Investment Communications at St. James’s Place. “It also makes things simpler, as you don’t need to worry about any more tax returns for your investments once they’re held inside an ISA.” However, what’s most important is to remember that investing is a long-term game; the longer you leave your money invested, the greater the chance of achieving better returns. Investing your ISA allowance at the start of the tax year gives your money up to an extra 12 months to grow. Of course, you are not guaranteed to do better by investing earlier, but by doing so you can get your money working harder for longer in two ways. The sooner you use your ISA allowance, the greater the potential tax benefit because your investment is sheltered from Capital Gains Tax and Income Tax for longer. Similarly, your investment has more chance to benefit from compound interest – what Albert Einstein reportedly referred to as the ‘eighth wonder of the world’. “Over the long term, the opportunity to make gains on the gains you have already made can make a big difference to your future wealth,” says Woodcock. The predecessor to the ISA was the Personal Equity Plan (PEP). By making full use of your allowances since their introduction, you could have invested as much as £250,760. But as the chart shows, by investing those

allowances at the beginning of the tax year, rather than leaving it until the last minute, you could have achieved significant additional growth. “Taking steps to minimise the impact of tax on your wealth should be a yearround activity, not something that we only think about in the last few weeks of the tax year,” says Woodcock. “Whether through investing a lump sum or by setting up regular savings, making an early start with your ISA plans is one way to shelter more of your money from the taxman.” Source: Financial Express; figures based on the performance of the FTSE AllShare Index, including reinvested income. Assumes investment of the full general PEP and ISA allowances since their introduction in January 1987, up to and including the 2017/18 tax year. Values as at 05/04/2018. ‘Early investment’ is from the beginning of May each year. ‘Late investment’ is the beginning of April each year. Please note that you cannot invest directly in the FTSE All-Share Index.

Past performance is not indicative of future performance and the value of your investment, as well as any income, can go down as well as up. You may get back less than you invested. The value of an investment with St. James’s Place will be directly linked to the funds you select and may fall as well as rise. You may get back less than you invested. An investment in a Stocks & Shares ISA will not provide the same security of capital associated with a Cash ISA. The favourable tax treatment of ISAs may be subject to changes in legislation in the future. The levels and bases of taxation, and reliefs from taxation, can change at any time and are generally dependent on individual circumstances. FTSE International Limited (“FTSE”) © FTSE 2018. “FTSE®” is a trade mark of the London Stock Exchange Group companies and is used by FTSE International Limited under licence. All rights in the FTSE indices and/or FTSE ratings vest in FTSE and/or its licensors. Neither FTSE nor its licensors accept any liability for any errors or omissions in the FTSE indices and/or FTSE ratings or underlying data. No further distribution of FTSE Data is permitted without FTSE’s express written consent. ■

Westgate Wealth Management Limited represents only St. James's Place Wealth Management plc (which is authorised and regulated by the Financial Conduct Authority) for the purpose of advising solely on the Group's wealth management products and services, more details of which are set out on the Group's website www.sjp.co.uk/about-st-james-place/our-business/ourproducts-and-services. The 'St. James's Place Partnership' and the titles 'Partner' and 'Partner Practice' are marketing terms used to describe St. James's Place representatives.

10 Southgate Street, Winchester Te l : 0 1 9 6 2 3 5 3 1 5 3 | 0 7 8 5 0 6 7 9 0 0 1 Email: kaye.crush@sjpp.co.uk Web: www.westgatewealth.co.uk/legal.html

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Happenings in Hampshire

Insolvency Specialist Invited to National Council An insolvency specialist at Portsmouth’s leading commercial legal firm, Verisona Law, has been asked to join the National Council of the Association of Business Recovery Professionals, or R3.

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ith over 20 years’ experience supporting both companies and individuals affected by insolvency, Neil Stewart has been asked to join the national council of the profession’s trade body, R3. ‘A key role of R3 is to promote understanding of the work of insolvency practitioners,’ explains Neil, who is an Associate Director at Verisona Law, accredited mediator and solicitor with Higher Rights of Audience. ‘The public usually hears about insolvency when high profile companies get into trouble, so the profession is inevitably associated with redundancies, financial loss and the disappearance of household names.’ ‘However, there are many examples where insolvency practitioners have rescued businesses that have been on the downward slope to insolvency. These companies don’t want a difficult period in their history publicised, for the sake of staff, shareholders and customers, so this good work often goes unnoticed.’ Often a source of information and guidance for government officials, R3 is led by an Executive Committee that regularly meets with the council which is made up of elected member representatives who make a vital contribution to the strategic decision-making process of the organisation. Neil joins the council to represent R3’s Southern Region in challenging times.

Pic: Neil Stewart ‘The UK’s imminent departure from the European Union raises many issues for the profession’ says Neil, who has been an active member of R3 for over a decade and served on the committee for the Southern Region of R3 before accepting the national position. ’There is great respect internationally for the UK’s insolvency regime and mutual recognition of insolvency procedures across the countries of the European Union, but it remains to be seen whether the current reciprocal arrangements will continue where companies have operations both here and within the EU.’ In addition to R3’s work in making the UK’s insolvency regime stronger and more transparent, Neil hopes to make a contribution to areas that have long held his professional attention. ‘One of the issues I am particularly interested in is fighting fraud’ he says. ‘I would welcome the opportunity to get involved in working groups and policy committees that gather opinion from across our profession and consult UK businesses in order to create policies that make a difference.’ ‘Another area of interest is the construction sector. I have seen many building companies practically disappearing as they head towards liquidation. Directors vanish, subcontractors go unpaid, documents cannot be found and eventually everyone loses interest. Some accept it as part of the risk inherent in this industry, but a few relatively modest cultural changes could reduce the risk substantially.’ ■

Paris Smith LLP celebrates 200th anniversary in style with Guildhall Gala Dinner Paris Smith LLP celebrated its 200th anniversary recently with fine dining and a musical masterclass of live performances spanning two centuries at the O2 Guildhall in Southampton. Pictured: (L to R) Paris Smith Managing Partner Peter Taylor, LordLieutenant of Hampshire (Nigel Atkinson), Sarah Parish and Nick Vaughan Paris Smith Senior Partner.

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ith offices in Southampton and Winchester, the evening of celebrations was hosted by Senior Partner Nick Vaughan, Managing Partner Peter Taylor, and actor and co-founder of the firm’s charity partner of the year The Murray Parish Trust, Sarah Parish. Paris Smith Partners, The Lord Lieutenant of Hampshire, civic leaders, regional leaders from the media, the world of business, arts, education and charities along with other guests, dined on a four-course banquet which featured a champagne and elderflower ice sorbet, guinea fowl and a trio of old English desserts provided by local caterers Vanilla. Guests were treated to a journey through the history of Paris Smith which was accompanied by a musical masterclass which featured acapellas ‘Company of Singers’ performing music from the nineteenth century kicking off the entertainment for everyone on arrival. ‘The Hampshire Police Male

Voice Choir’ performed a medley of musical theatre hits, ‘Junco Shakers’ brought the twenties alive, ‘The Silver Beatles’ took guests through the swinging sixties after dinner and ‘Folk Junkies’ covered some of today’s most iconic hits. Jewellers Laings kindly donated a 0.40 Carat diamond with £2,500 in aid of Paris Smith’s charity partners where all guests had the opportunity to donate to be in with a chance of taking the sparkler home. Managing Partner Peter Taylor said: “It has truly been a remarkable evening of celebration for the firm and I thank everyone who played a part in making it such a success, from the entertainment to the food and beyond. It has been a privilege to share the history of Paris Smith, a chance to thank all who have worked with us and an opportunity to share all that is great about our region..” ■

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Happenings in Hampshire

Law Society Council meeting summary: 4 and 5 July 2018 Council was back in Chancery Lane for its July meeting, Joe Egan’s last as Law Society president. The Law Society’s Annual General Meeting took place the following day, as did the inauguration of Christina Blacklaws as president. She is joined by vice president Simon Davis and deputy vice president David Greene. Christina paid tribute to Joe for his service during three years as an office holder. Council stood for a minute’s silence in memory of Paul Marsh, a distinguished and long-serving Council member who had been president in 2008-09. Council took the opportunity to welcome the new chief executive – Paul Tennant – who has served in post as an interim since April 2017 and who was appointed permanently earlier this month after an extensive and competitive process. Council debates access to justice The crisis in criminal justice and the growing problem of access to civil justice were the subject of a lively debate at Council. The Law Society continues to campaign vigorously around a series of issues – including court infrastructure, failings in disclosure of evidence, housing advice deserts, and the near extinction of criminal legal aid solicitors in some parts of the country as younger members opt not to pursue this area of law. Council talked about a range of issues including accessing courts and tribunals without undue barriers, access to advice and representation in a meaningful way, and the need to inform the public about the importance of these issues to them. Influencing for impact – Brexit Council heard about how the Society continues to press the government to put professional services and the legal profession at the heart of a new deal with the EU27, alongside security and the rights of all our citizens. Office holders and staff have held a series of meetings with ministers and we have provided evidence on Brexit to four committees in Westminster and one committee in the European Parliament. We also have an important role to play as a convenor of expert opinion and in presenting fact-based argument about the potential effects of Brexit. Council were told about our recent central part in drafting the Professional and Business Services Council’s letter to Theresa May setting out the importance of professional and business services to the UK economy. Influencing at home It was reported to Council that the Law Society’s campaign on criminal duty solicitors was mentioned in Parliament and our evidence on early advice and criminal duty solicitors being in danger of extinction was

acknowledged and referenced by the Lord Chief Justice and the Justice Select Committee. So far this year the Law Society has been mentioned on 124 occasions in Parliament and has given evidence to 10 select committee inquiries, drafted 27 parliamentary questions and been cited 15 times in judicial argument or practice notes. We have secured significant media coverage for our concerns about the quality of Home Office decision-making in immigration and asylum cases and the implications of restricting applicants’ right to make data protection subject-access requests for information about their cases. Keeping members informed Council heard about how the Society has engaged with members on the Solicitor Regulation Authority’s (SRA) professional indemnity insurance consultation publishing a briefing explaining the proposals and risks to members. The Society’s response to the SRA was completed for the 15 June deadline and encouraged input from as many members as possible. Planning for the future Council spent time at this meeting considering future plans for the Law Society – as well as some of the achievements so far which include setting the Society’s purpose, vision, goals, member offer and values; the 5-year corporate plan and the new governance arrangements, plus the future vision for the Society: Shaping our Future. Priorities for the coming years include creating a seamless experience for members, a modernised and overhauled working environment, and a new spirit of collaboration – all underpinned by a transformed IT system. Council and governance arrangements and policy and regulatory affairs. The new Audit Committee is also up and running and council had the opportunity to ask questions of both the Board chair and the Audit Committee chair. This provided reassurance in relation to the signing off of the Society’s report and accounts for the previous financial year (2016-17), and in relation to decisions as to the information to be provided to the Legal Services Board in support of the approval of the level of the practising fee for 2018-19.

LAW FIRM NAMED IN LIST OF HIGHEST ACHIEVERS FOR NATIONAL CHARITY CAMPAIGN A LAW firm based in Emsworth has raised £10,000 for charity this year after taking part in a will-writing campaign which asks solicitors to write wills for local people and instead, ask only for a voluntary donation to charity.

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ddison Law have taken part in the annual Will Aid scheme and raised an impressive £10,000 in the month-long fundraiser. This is the 12th year the firm has taken part in Will Aid and since starting their total raised to date is £78,145. Their efforts in 2017 made them the fifth highest donating firm to take part in the scheme last year. Chris Halliwell from the firm, said “We are happy to donate our time towards Will Aid. It is a great way of generating a link with new clients. We would recommend that other law firms get involved.” Fiona Daborn from Christian Aid paid the firm a visit today to present them with a certificate to thank them for their achievement. He said: “The team at Addison Law have really embraced the Will Aid scheme and all their time and hard work will translate into transformed lives for those living in poverty across the world. “Thanks to the donations from Will Aid we can make a real difference. Just £150 could pay for a pack of medical equipment for doctors and nurses in Kenya to safely deliver babies, while £95 could pay for training and seeds for 50 women in a mother-to-mother support group to help them grow more food for their families.”

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Will Aid, which is celebrating its 30th year since launching, is a charity willwriting scheme that raises money for nine charities: ActionAid, British Red Cross, Christian Aid, NSPCC, Save The Children, Sightsavers, Age UK, SCIAF (Scotland) and Trocaire (Northern Ireland). Peter de Vena Franks, campaign director for Will Aid said: “I would like to offer my heartfelt thanks to Addison Law and let them know that thanks to them, lives will change for the better and people who need it will continue to receive the help and support that the charities work so hard to provide. “Solicitors raised an incredible amount of money in 2017, but sadly there is always much more demand for Will Aid than we can meet. You have the chance to help us celebrate 30 years since the launch of Will Aid by signing up and donating your time in 2018. Being part of Will Aid will raise the profile of your firm in your local community and bring new clients to your door, all whilst supporting nine wonderful UK charities. Will Aid will run again in November 2018. Find out more by visiting www.willaid.org.uk. ■


Happenings in Hampshire

Paris Smith LLP awarded Southampton Business Award for its contribution to the city’s economy Paris Smith LLP has been awarded the Southampton Business Award 2018 by the Hampshire Chamber of Commerce in the category of ‘Established/Long Standing Business’.

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he firm, celebrating its 200th year, has been recognised for its significant contribution to the business community, the economy and the wider community , in the City of Southampton during the past 12 months. Paris Smith's Managing Partner, Peter Taylor, was presented with the award at the Southampton Annual Mayor Making Ceremony recently at the O2 Guildhall. Peter said of the accolade: “We are honoured to have received such recognition by fellow business leaders in the city where it all began for the firm. To have our contributions to the city, its economy and the wider

Verisona Law Sponsors the Junior Blues

Legal firm, Verisona Law, has further strengthened its association with Portsmouth Football Club’s affiliated charity ‘Pompey in the Community’ by sponsoring its ‘Junior Blues Membership Package’.

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aving been directly involved with the saving, growth and ownership transfer of Portsmouth Football Club in recent years, Verisona Law has been supporting the organisation inspired by and closely associated with the club, Pompey in the Community, for the past year. ‘The amount of areas Pompey in the Community covers, and does so with such success, is absolutely phenomenal,’ says Verisona Law’s Managing Director, Sue Ball. ‘From education and career support for young people to health and sporting opportunities for all ages, this charity has never been distracted from its purpose to support and engage with its local community.’ ‘It is a valuable asset to the Portsmouth area, has built a fantastic reputation, network and offering and we are delighted to be playing our part in helping it achieve more and more.’ The firm has now announced its sponsorship of the charity’s ‘Junior Blues Membership Package’, a scheme being offered to young fans of Portsmouth Football Club aged up to 17 years old, along with parents, relatives and guardians, where members can enter competitions and attend special events with the club’s players. ‘We are thrilled that Verisona Law has stepped forward as an official supporter of the work we are doing,’ says Clare Martin, Director of Pompey in the Community. ‘We have known each other well for the past few years and the time was right for us to put some ideas in place. We are very excited to work with Verisona Law alongside our other sponsors who all believe passionately in the success of people in the Portsmouth community.’■

community marked is both a great privilege and very humbling especially in our 200th anniversary year.” Sandeep Sesodia, Chair of the Southampton Business Board at Hampshire Chamber of Commerce said: “This is a truly well-deserved award in recognition of Paris Smith’s delivery of outstanding professional and legal services and its contribution to, and participation with, the whole Southampton community throughout its long and proud history. It has set a marvellous legacy for all to aspire to. Congratulations and well done.” ■

Awards honours for banking expert Sophie Eales Trethowans banking partner Sophie Eales has been recognised for her outstanding work with a top award at the Solent Deals Award 2018.

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ophie was named Lawyer of the Year in the awards, with judges citing her experience in cross-department work and expertise in working in multidisciplinary teams on a wide range of deals for her win. Sophie joined Trethowans nearly three years ago and has led the development of a dedicated banking team which continues to grow. She said she was both thrilled and surprised to be named Lawyer of the Year. “This is a tremendous accolade and I’m delighted to have won,” said Sophie. “To have a dedicated banking team is quite unusual locally and it’s working extremely well to have the expertise clients need under one roof.” Sophie acts for major UK lenders including HSBC, Lloyds and Santander and her team works closely with the corporate finance team. She ranked highly in Chambers as a notable practitioner and recommended in the Legal 500 for making transactions work for all parties. Trethowans managing partner Chris Whiteley said he was delighted that Sophie’s success had been recognised in such prestigious awards. “We identified that having a dedicated banking experience would give us a real edge over other lawyers and Sophie’s experience in this area and in developing a great team is an integral part of our corporate offering and we look to build on this in the future.” ■

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Happenings in Hampshire

Moore Blatch announces 17 firm wide promotions Moore Blatch solicitors, which has offices in Southampton, Lymington, the City of London and Richmond, has announced 13 firm-wide promotions including four partner promotions, three new partners and six new associate solicitors.

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oore Blatch solicitors, which has offices in Southampton, Lymington, the City of London and Richmond, has announced 13 firm-wide promotions including four partner promotions, three new partners and six new associate solicitors. Moore Blatch is one of the largest law firms in the South of England, employing around 300 people. It reported income of almost £21in the last financial year. The promotions include, Dr Anne Cassidy a specialist in medical claims law, Sarah Stanton who specialises in personal injury, Maya Sushila specialist in medical claims law and Stephen Ball who specialises in residential land development. The four new partners are Jackie Nash, an expert residential property solicitor, Zoe Owen, a specialist in new build property sales and Sarah Jordan, a real estate lawyer specialising in rural issues and Alison Lloyd, a probate expert. Six solicitors have been promoted to Associate level: Abi Fletcher, a medical claims specialist, Pete Worrall, a business asset recovery expert,

Amandeep Khasriya, a medical claims law, Suzanne Mynors, a private client lawyer specialising in services for the elderly, Steve Watts an expert in commercial property law and Susie Marsh, who specialises in asset recovery. In addition, Moore Blatch has promoted four of its head of service; Lee Jarvis to head of finance, Nikki Gowers to hear of human resources, Ross Sergeant to information technology director and Chris Ake to commercial director. Ed Whittington, managing partner at Moore Blatch said; “We believe strongly in recognising the expertise and achievements of all our staff. These promotions are a reflection of the exceptional employees we have across all our legal disciplines as well as the professional services teams that supports them. The promotions also recognise the fantastic service these individuals provide both to our clients and to Moore Blatch as a firm. I congratulate all on these well-deserved promotions.” ■

Fond Farewell for Retiring Managing Partner On the 20th anniversary of her joining the firm, and after leading a period of pioneering change, it with best wishes and gratitude that one of the most successful independent legal firms in the south, Eric Robinson Solicitors, announces the retirement of Partner, Catherine Maxfield. Pictured: (L to R) Catherine Maxfield, Emily Taylor

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n 1998 Catherine Maxfield made the move from London to Hampshire to join the family team at Eric Robinson Solicitors’ offices in Chandlers Ford. Over the following three years, she advised clients in a variety of divorce and family matters, was given leadership of the department and subsequently invited to join the firm’s Partnership. Catherine became a full equity Partner of Eric Robinson Solicitors in 2007, taking firm-wide responsibilities for the management of resources and HR areas including staff appraisals, and training. In 2013, after celebrations of 35 years’ service and the retirement of one of the firm’s first Partners, Graham Payne, Catherine was elected the firm’s first ever female ‘Managing Partner’. During her five year tenure, Eric Robinson Solicitors celebrated its 50th Anniversary throughout 2014, introduced new technology and innovations to develop client service, and embarked on an expansion programme with new offices in Winchester, Lymington, Portsmouth, Basingstoke, Bracknell and Richmond. ‘Catherine has held an important role over a period of tremendous change and exciting development,’ says David Lawrence, Senior Partner. ‘We are very grateful for her time, commitment and intense focus over the past five years, helping the firm negotiate unprecedented change in the legal profession and emerge stronger than before.’ ‘Eric Robinson Solicitors has been the biggest part of my legal career, both in terms of time and achievement,’ says Catherine, who will be leaving the

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firm in September. ‘After 20 years’ service, 10 as Partner and five managing change, if feels the right time to explore other areas life has to offer. I would like to thank my fellow Partners, staff, clients and associates, past and present, for an unforgettable journey and look forward to what the future holds for us all.’ Partner Emily Taylor is also leaving the firm to pursue new ventures. Emily first entered the doors of Eric Robinson Solicitors 19 years ago on a work experience placement. After studying law at the University of Southampton and Guildford Law School, she returned to the firm and was given a training contract before rising to become a Partner and the Head of Wills Trusts and Succession in 2014. ‘Eric Robinson Solicitors has been, and always will be a huge part of my life,’ says Emily. ‘I grew up with my mother working in the conveyancing department, started my own legal career and had my three children while working at the firm. It will be sad to leave, but it feels like the right time for me to reprioritise my life and make some changes.’ ‘From helping the firm’s clients to make provision for their futures, to leading the opening of new offices, I am very proud of the part I’ve played in Eric Robinson Solicitors’ achievements, have made some friends for life and wish everyone the very best.’ ‘We thank Emily for handing over the reins of such a strong, dynamic department within the firm,’ says David. ‘We intend to continue both her and Catherine’s legacies into a bright new chapter for Eric Robinson Solicitors.’


Happenings in Hampshire

Pictured: Trainee solicitors Dan ,Georgia and Johnathan, outside the Churchers Solicitors office.

Pictured: Ian, Georgia and Dan with staff from the Rowans Hospice.

Churchers Solicitors Abseil Spinnaker Tower This August, four members of the Churchers Solicitors team, will take on the Emirates Spinnaker Tower Experience to raise money for two local charities close to their hearts.

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he challenge involves, trainee solicitors, Georgia, Dan and Jonathan, and the Managing Partner Ian, abseiling 100, metres down the iconic Spinnaker Tower in Portsmouth, in order to raise money for the charities Rowans Hospice in Waterlooville and Beaulieu Respite in Newport, Isle of Wight. Rowans Hospice provide specialist advice and care to individuals with lifeimpacting illnesses, their families and carers, within the southeast of Hampshire. Offering a wide range of opportunities for care, both in homes, during the day or in-house. Jane, who is a part-time receptionist at the Churchers Ryde office, has a personal connection with Beaulieu Respite, who create a safe haven for children with complex disabilities, where they can make friends in a safe

and happy environment, whilst also allowing their parents some time to recuperate. Entirely run by volunteers, the presence of this charity, means that fewer families go into crisis, or result in parents being separated from their children. Churchers Solicitors wishes to raise a total of £5,000 for both charities, allowing them to provide care for people in need. Sponsors can support this fund raising challenge via the Virgin Money Giving page, a link is regularly posted on Churchers social media sites, Facebook, Twitter and LinkedIn, where you can also read Dan and Jane’s stories, talking about their experiences with Rowans Hospice and Beaulieu Respite. ■

Charlotte Makes Charity Skydive for Victim Support A member of a specialist legal team at Verisona Law has fulfilled a lifetime ambition by taking part in a 15,000 foot skydive in order to raise money for Victim Support.

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ince she started working at Verisona Law as a member of the firm’s Child Abuse claims team in June 2016, Legal Assistant Charlotte Attwood has been actively involved in supporting survivors of abuse to find justice and closure. As part of her role, Charlotte has worked closely with clients who have required the assistance of leading independent charity, ‘Victim Support’, which, in the last year alone, provided free, confidential emotional support, practical help and specialist services to nearly a million victims of crimes including domestic abuse, sexual violence and child sexual exploitation. Now, 20 year old Charlotte is proud to have raised £690 for the charity while achieving her lifetime ambition of completing her first ever skydive with ‘Go Skydive’ in Salisbury. ‘It was during a discussion at one of our team meetings about how we might raise awareness of Victim Support, that I mentioned I had always wanted to do a skydive,’ recalls Charlotte. ‘Charles Derham, our Head of

Department, thought it was a great idea, Verisona Law agreed to cover the cost and I am delighted to have beaten my target amount for the charity.’ Charlotte undertook a 15,000 foot drop, which is the highest Go Skydive offer and includes a 60 second freefall at 120 mph. ‘It was one of the most exhilarating and thrilling experiences of my life. My Mum thought I was mad, it was the talk of the office in the run up to the big day, but everyone has been so supportive and encouraging. It hasn’t actually sunk in that I actually did it – it feels like it was all a dream.’ ‘We are delighted with Charlotte’s tremendous efforts to raise money for Victim Support,’ says Tanya Richardson, Fundraising Manager. ‘Now more than ever we rely on local communities to help raise vital funds and take on personal challenges to help us support victims and their families.’ Donations can still be made at www.justgiving.com/fundraising/charlotte-attwood-skydive ■

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Happenings in Hampshire

Real estate solicitors Dempster Binning join Moore Blatch Southampton based real estate solicitors Dempster Binning will join Moore Blatch in a deal that offers expanded services to both firms clients.

Pictured: Peter Dempster partner (right) Edward Whittington managing partner

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empster Binning specialises in commercial property law, specifically complex real estate transactions, working with major retailers, investment companies and property developers. By joining forces with Moore Blatch, Dempster Binning can offer an extended range of services and support to their clients in addition to bringing highly experienced property law professionals to Moore Blatch expanding real estate team. The Dempster Binning team will transfer to Moore Blatch Southampton office and join a team of over 25 property lawyers and experts that work across its Lymington, Richmond and City of London offices. This joining of forces with Dempster Binning follows less than twelve months after Moore Blatch acquired Richmond based lawyers Calvert Smith and Sutcliffe which has a large residential property team.

Edward Whittington, managing partner, Moore Blatch, comments, “The joining of forces with Dempster Binning will mean that we have over 30 property specialists working at Moore Blatch, making us one of the largest property specialists in the UK. Peter Dempster and Sulinder Binning have built a very strong real estate practice with prestigious clients and I look forward to working with them and their team. Peter Dempster, partner, Dempster Binning, comments; “When we established Dempster Binning, it was to meet the demand from real estate professionals who required an experienced and proactive law firm to handle their business, a business ethos that some legal firms no longer possessed. We are delighted to be joining Moore Blatch as they share our passion for property and serving their clients.” ■

BUDDY COURAGE, OH WHAT A NIGHT …. Larcomes Solicitors recently hosted the “Buddy Courage” night, which proved to be a very competitive Quiz evening supported by local law firms and Portsmouth businesses alike, in aid of the Neonatal Intensive Care Unit at the Queen Alexandra Hospital in Portsmouth.

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uddy Courage was born at the Queen Alexandra Hospital, barely breathing on the 2nd of October 2017 weighing in at a tiny 4.4 pounds due to problems with his Mum’s (Natalie Courage) Placenta. Natalie who is the Administration Manager at Larcomes decided to organise a quiz and BBQ for other law firms and local businesses and to round off the evening and keeping it a family affair, her husband Brad played music at the end of the evening. Natalie said ‘When Buddy was born he was tiny and was barely breathing, but he had the best care in the NICU to bring him out strong and healthy, without them he wouldn’t be here today’. The night was packed with 16 teams of 6 people vying to win and come first. Mediation Now, Churchers, Stokes Solicitors, College Chambers, Glanvilles, Larcomes LLP, Hampshire County Council and Cafcass were to name a few who attended. The raffle to win a ‘Google Home’ was won by Glanvilles and the play doh round where each team had to make an emoji was won by Larcomes commercial team (picture attached of the winning emjoi, Unicorn). However, there can only be one winner and that accolade went to Churchers who won with 83/102. The night raised a fantastic £1375 in total and showed how local law firms and businesses pulled together in support of the fantastic work of the Neonatal team at Portsmouth Hospital (http://www.porthosp.nhs.uk/departments/Neonatal-IntensiveCare/neonatal-intensive-care-unit.htm ■

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Pictured: (L to R) Matthew Wilson of Blake Morgan, Helen Freeston of Paris Smith, Leila Jundi from HSBC, Emma Livesey of Shoesmiths and Rebecca Morris of BDO.

Solent Professional Annual Charity Event (SPACE) raises nearly £10k for Breast Cancer Haven The local professional community recently enjoyed an evening of hospitality, socialising and entertainment to enjoy the third Solent Professionals Annual Charity Event (SPACE).

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he evening was hosted at Hilton at the Ageas Bowl, Southampton and welcomed nearly 200 guests. As with previous years, the evening was also an opportunity to raise money for local charity Breast Cancer Haven. The SPACE committee, which includes Paris Smith LLP which is celebrating its 200th anniversary this year, is delighted to announce that the total amount raised for Breast Cancer Haven from the evening was £9,841.60. Sally Hillyear, from Breast Cancer Haven commented: “The SPACE Ball was an amazing event and we are extremely grateful to the hard-working committee that raised a fantastic amount of money. It will enable us to provide a personalised programme of treatments for almost 10 local men or women coping with breast cancer and the possible emotional and physical side effects of drugs or surgery in the local area.” Breast Cancer Haven has a local centre in Titchfield, Hampshire. With 3000 new diagnosed cases of Breast Cancer every year there is a great need for support and everyone involved in the SPACE Ball have enabled us to provide this.” ■


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Hampshire Legal Awards

Hampshire Legal Awards 2018

Images © Belinda Harvey, photographer

Recognition was granted to the Hampshire legal profession at a gala dinner and award ceremony at the Hilton Ageas Bowl on Thursday 17th May where over 230 guests enjoyed a fabulous evening of entertainment including beer tasting from a local micro brewery and an entertaining and passionate after dinner speech from Chris Packham, Top table guests of the President Kristina Colmer included officers from local professional institutions and neighbouring law societies. 16

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record number of entries were received in the 4 categories making for stiff competition. Paris Smith took Hampshire Incorporated Law Society’s ‘Large Law Firm of the Year’ award (sponsored by Smith and Williamson) with last year’s winners Irwin Mitchell as runners up. In addition one of Paris Smith’s clinical negligence team, Peter Taylor, was runner up of the Lawyer of the Year category. The best small firm for a consecutive year was Churchers which traces its roots back 130 years and supports a number charities making a positive impact on the local community. Managing Partner Ian Robinson said “ I am very proud and delighted to have accepted the award on behalf of the staff at Churchers. It is recognition of the hard work, dedication and commitment that everyone at the firm has contributed to our success over the past 12 months”. The runner up was Larcomes. This category was sponsored by Barclays Solicitor of the year (sponsored by Quantuma) was scooped by Simon Rhodes of Trethowans. Simon, Head of Employment and Senior Partner joined Trethowans in 2005. Simon was recognised for his diverse range of activity aimed at raising the profile of the legal profession. The most hotly fought category of Junior Lawyer with 7 shortlisted entries was won by Grant Usher of Verisona Law. Grant joined the corporate and

commercial team just over a year ago and has proved himself with both amongst colleagues and clients with his talent, diligence and maturity. All the winners were presented with their awards by Chris Packham, TV presenter and naturalist best known for his BBC Springwatch series and the Really Wild Show. As well as handing out the awards Chris spoke passionately about his childhood in Hampshire his struggle with autism and his love of nature and animals. He amused guests with stories of rescued pets from the very fields surrounding the Ageas Bowl and impressed upon his audience the need for continued environmental care. The evening raised £2300 for Dementia Friendly Hampshire (including a generous money match from Barclays bank), An independent charity, linked with the Alzheimer’s Society, Dementia Friendly Hampshire is driving the development of dementia friendly communities across the county to assist people affected by this debilitating condition. Kristina Colmer, President of Hampshire Law Society said “I am delighted by the warmth and generosity of the legal profession and Barclays, to have helped raise awareness of dementia a cause very close to my heart and to contribute to making a difference to peoples’ lives.” ■


Hampshire Legal Awards

HAMPSHIRE LAW SOCIETY

Hampshire Law Society

LEGAL AWARDS 2018

Images © Belinda Harvey, photographer

1. Solicitor of the Year

2. Large Firm of the Year

(Quantuma, Andrew Watling)

(Smith and Williamson, Rebecca Coombes)

7 entrants • PETER DODD, Select Conveyancers • FAYE EVANS, Churchers • FIONA HEALD, Moore Blatch • LEESA LONGDON-THURGOOD, Churchers • SIMON RHODES, Trethowans • JON SMART, Shoosmiths • PETER TAYLOR, Paris Smith

4 entrants • IRWIN MITCHELL, • MOORE BLATCH, • PARIS SMITH, • TRETHOWANS,

RUNNER UP

RUNNER UP

• PETER TAYLOR, Paris Smith

• IRWIN MITCHELL,

WINNER

WINNER

• SIMON RHODES, Trethowans

• PARIS SMITH,

3. Small Firm of the Year

3. Junior Lawyer of the Year

(Barclays, Stewart Bulpitt)

(No 18 Chambers, Tracey Hennessey)

4 entrants • BISCOES, • CHURCHERS • LARCOMES, • JASPER VINCENT

6 entrants • STEPHANIE BOWEN, Moore Blatchs • CHRISTOPHER BULL, Shoosmiths • LOUISE JACK, Churchers • NICOLA PIPER, Trethowans • GRANT USHER, Verisona Law • COURTNEY WEEKS, Biscoes

RUNNER UP

• LARCOMES, RUNNER UP WINNER

• CHURCHERS,

• STEPHANIE BOWEN, Moore Blatch WINNER

• GRANT USHER, Verisona Law HAMPSHIRE LEGAL

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Hampshire Law Society

LEGAL AWARDS 2018

HAMPSHIRE LAW SOCIETY

Lawyer of the year shortlist

JONATHAN SMART, Shoosmiths Jon heads up the Solent office's dispute resolution and compliance team. He joined Shoosmiths in 2012 after previously training and qualifying at a regional firm in Hampshire. Jon began his time at Shoosmiths in the Thames Valley office before moving to head up the Solent litigation team in 2016, bringing with him longstanding clients including Volkswagen, Honda Europe and IKEA. Jon has a national reputation in the technology and automotive sectors, having worked with a number of leading car manufacturers as well as the Motor Ombudsman.

FIONA HEALD, Moore Blatch

The Solent litigation team has grown significantly over the past twelve months having acted for over £500 million worth of litigation for both Hampshire based clients and those further afield. Highlights include defending a £40 million claim arising from the payment of bribes to a foreign public official as well as advising a leading FTSE 100 company acting on a £50 million supply chain dispute.■

PETER DODD, Select Conveyancers

Fiona Heald is regarded by her peers as a champion of the rights of the elderly and a protector against them being exposed to financial abuse. Fiona’s drive as an advocate has resulted in her regularly being invited to lecture on mental capacity, care fees and court of protection issues. ■

Peter is a Senior Conveyancer with over 40 years of experience in all forms of residential and commercial property transactions ■

FAYE EVANS, Churchers Faye is a partner at Churchers Solicitors, and part of their Wealth Management team. She is highly engaged both in developing her own knowledge to better support her clients and in sharing her knowledge with aspiring lawyers and the public. As a fully accredited member of the Solicitors for the Elderly (SFE) and the Society of Trust and Estate Practitioners (STEP), Faye is a specialist in giving legal advice to older and vulnerable people as well as their families and carers. Faye goes the extra mile to meet the needs of her clients and offers a tailor

made service to allow them maximum flexibility. She is a regular contributor to the Solicitors for the Elderly forum and gives lectures to University of Portsmouth law students, where she shares her knowledge and best practice to other professionals. Faye is also a regular contributor to Pompey Pensioners, writes articles for the firm’s website, presents talks to Carers’ Centre and Headway and other activities to promote solicitors as a trustworthy and knowledgeable resource for clients. ■

LEESA LONGDEN-THURGOOD, Churchers Leesa joined Churchers Solicitors in 1998 and qualified as a chartered legal executive (CILEx) in 2000. She has been accredited by Resolution as a specialist family lawyer with particular focus on complex financial cases. As a member of Resolution, Leesa is committed to resolving family disputes in a constructive, sensitive and costeffective way. She adopts a non-confrontational approach when dealing with divorce, separation and other family problems. Leesa establishes a good rapport with her clients and in 2015 she was shortlisted in the national Family Law Awards as

Chartered Legal Executive of the Year. She has been a trustee of SDAS, a charity supporting victims of domestic abuse, and has for the last four years mentored law students from the University of Portsmouth. Leesa runs drop in sessions on a weekly basis, where she provides free legal advice to the local community. She has also contributed to the firm’s legal guide articles, which aims to simplify legal terms and make difficult processes such as divorce and dissolution of civil partnerships easier to comprehend. ■

SARRA GRAVESTOCK, Biscoes

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Sarra joined the Care and Vulnerable Client Team at Biscoes in December 2015 having previously worked in Local Authority for 11 years. During her time in West Sussex County Council she was the legal adviser to the Adoption Panel and was described by Ofsted as “an outstanding asset.” Since that time Sarra has been awarded two promotions, firstly to Associate Solicitor in April 2017 and more recently to Head of the newly formed Care and Adoption Department in April 2018. Sarra brought to Biscoes a wealth of experience. She was quickly approved by the Law Society as a member

of the Children Panel. She has expanded Biscoes practice into Surrey, West Sussex and Berkshire, representing not only parents and Children’s Guardians, but also acting as agent to Local Authorities on a number of cases. In 2017 Sarra was shortlisted for Associate Solicitor of the year at the national Family Law Awards. Sarra has had a number of cases of interest. She was the first solicitor to apply for, and obtain, a Female Genital Mutilation Protection Order and she recently represented a 15 year old who was the subject of a Forced Marriage Protection Order application. ■


Hampshire Legal Awards

Hampshire Law Society

LEGAL AWARDS 2018

HAMPSHIRE LAW SOCIETY

Lawyer of the year shortlist (continued.)

SIMON RHODES, Trethowans Simon Rhodes is the Senior Partner, Head of Southampton Office and Head of the Employment and Immigration Team at Trethowans LLP. Simon was Managing Partner of the firm from 2009-2015. With over 20 years PQE Simon is an expert in employment law specialising in TUPE, discrimination and posttermination restrictions. Simon is very experienced advocate in the Employment Tribunal. Inside the firm Simon acts as a trainee mentor as part of his role as Senior Partner. Simon has trained over 30 trainee solicitors and junior lawyers. Outside the firm, Simon is involved in the local community through the South

Coast Business of the Year Awards in partnership with the Daily Echo (Simon is a judge and co-host), the Southampton Cultural Development Trust (Simon is a trustee), the Solent Business Growth Summit (which Simon created and co-organises) amongst others. Simon is involved in supporting employment and skills initiatives in South Hampshire. Simon is a sponsor and Patron of Southampton’s literary So to Speak Festival. Simon is a former Chair of the Future Southampton Board and Business Board Member of Hampshire Chamber of Commerce.■

PETER TAYLOR, Paris Smith Peter works with and for a range of aspirational and dynamic businesses using his skills and extensive network to enable his clients to achieve their business goals and objectives. Peter advises companies not only as to the options open to them, how to resolve disputes but also how organisations might manage their business better, aware of the legal risks they each face or may face and managing these risks.

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“I passionately want my clients to succeed in all that they do and in doing so to minimise the need for the distress purchase of legal services but to engage lawyers for positive reasons.” Peter is a CEDR Accredited Mediator. He is regularly asked to speak on business risk management issues. ■

Hampshire Law Society

LEGAL AWARDS 2018

Junior Lawyer of the year shortlist

NICOLA PIPER, Trethowans

STEPHANIE BOWEN, Moore Blatch

Nicola is a Solicitor in the corporate team where she provides invaluable support to members of the team and their clients. ■

Steph is a 2-year qualified employment solicitor who is not shy in raising the profile of Moore Blatch. She is a fantastic ambassador for the firm through her legal work and her additional commitments – of which there are many from pro bono and charity through to social and professional. ■

COURTNEY WEEKS, Biscoes Courtney began her legal career with Biscoes in 2012 and undertook her training contract with the firm. Courtney qualified as a solicitor in April 2015. Courtney began working in the civil litigation department but always had an enthusiasm to undertake commercial work. In March 2016 Biscoes merged with the specialist commercial law firm, Graeme Quar & Co, and Courtney enthusiastically joined the new commercial team. Courtney has become an important member of the team which has continued to expand. Working with the senior solicitors in the team, Courtney has quickly developed her business law skills, undertaking a range work including buying and selling businesses and corporate work. Courtney

enjoys working with start up businesses and continuing to work with them whilst they grow. Courtney has worked on several substantial merger and acquisition projects. Courtney also works with businesses on settling business disputes. Courtney receives excellent feedback from clients and is developing a fantastic reputation. Courtney has begun participating in the leadership and management of the commercial team working with the head of department. Courtney regularly attends networking events to promote herself and the commercial team to the Hampshire business community. Courtney has participated in the Great South Run to raise money for Parkinsons UK. ■

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Hampshire Legal Awards

Hampshire Law Society

LEGAL AWARDS 2018

HAMPSHIRE LAW SOCIETY

Junior Lawyer of the year shortlist (continued.)

LOUISE JACK, Churchers Louise qualified as a solicitor in 2017, and has already proven herself to be an excellent advocate. As part of Churchers Solicitors’ Children’s team, Louise often sees clients through the hardest period of their lives. She approaches her work with enthusiasm and real dedication to her clients. When working with her clients, Louise explains the law in a way that is understandable, making it easier for clients to cope with the process they have to go through. Louise represents the firm at events run by the Southern Domestic Abuse Service (SDAS) and works closely with SDAS to support clients. She has

also volunteered at CAB as a case holder, and provides free legal advice at her firm’s weekly drop in sessions. Louise also writes legal articles for her firm’s website, including information about prenuptial agreements and the role of children in proceedings. The aim of these articles is to simplify legal term and processes, and hopefully make it easier for people to approach their problems in the best way and to encourage them to contact a solicitor when necessary. Louise hopes to attain her higher rights of audience and is working towards the Law Society’s Children’s Panel membership..■

GRANT USHER, Verisona Law Grant Usher joined the Corporate & Commercial team at Verisona Law in April 2017 and has astonished colleagues with a talent, diligence and maturity that belie a young man who is at the start of his career. His professionalism, client care and strategic approach to business development have placed him at the centre of high profile business deals, trusted with longest standing clients and win praise from clients and colleagues alike. Grant is a keen and enthusiastic networker, attending events and deliberately spending time moving in the circles of accountants, banks and financial services

which complement Verisona Law’s legal offering. His networking has resulted in him winning significant new work, which has seen him advise on a company reorganisation of a high-end furniture business and providing GDPR advice to an AIM-listed wealth management company. Grant establishes rapport with existing and potential clients effortlessly and is universally liked by all those he has contact with. ‘Since the day he arrived, everyone has taken an immediate liking to Grant,’ says Michael Dyer, Head of Business. ‘He is popular, respected and instils confidence in colleagues and clients alike.’ ■

CHRISTOPHER BULL, Shoosmiths Christopher joined Shoosmiths in May 2016 as a Solicitor in our Wealth Protection department, based in our Solent office. Christopher has a broad range of experience as a Private Client specialist, including: Will drafting; Powers of Attorney; Probate & Estate Administration; Inheritance Tax Planning; Trust Administration and advice for the Elderly. Christopher has worked with many high net worth individuals and has advised on agricultural property, business assets and complex estate administration. Christopher has a friendly and sensitive approach combined with straightforward advice to assist clients in making decisions during what can often be an emotionally challenging time.

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Christopher read Law at the University of Sussex, graduating with a 2:1 Honours in 2009. In 2012, Christopher completed the Legal Practice Course at BPP Law School in London, achieving a Distinction. During his studies Christopher worked as a volunteer for the Citizens Advice Bureau and qualified as Generalist Advisor, gaining invaluable experience assisting and advising clients across a wide range of issues. Outside of work, Christopher is a keen runner and is passionate about charitable work. He ran the London Marathon in 2011, raising over £1,250 for the British Heart Foundation, and then again in 2015, raising over £2,000 for St Michael’s Hospice in Hampshire. ■


Social Events

HAMPSHIRE LAW SOCIETY SOCIAL EVENTS The first couple of ‘events’ have happened which included the bowling evening and the first of the family walks.

Bowling

Fritham Walk

Despite the lure of the football a respectable number attended the Bowling event in Southampton where a great time was had by all. Less traditional competitions took place including fastest ball, most number of pins down when bowling with eyes closed and most number of bounces off the gutter barriers!

Sunday 15th July dawned bright and the weather was fantastic. In total there were 17 attendees (including children but excluding dogs!) and we had a nice jaunt along the easy going pathways of the Fritham loop ending up at the Royal Oak Pub where some of us stopped and had some lunch and drinks and continued chatting.

Sunday 2nd September

Winchester – Easton – 3 miles

CHESTNUT HORSE - EASTON, HAMPSHIRE The award winning public house is worth a visit, it is situated in the stunning village of Easton, just outside of Winchester. Our pub walk will take you through this delightful village and into the countryside, you will also cross over the Itchen river and pass under the M3, this adventurous walk is family friendly and perfect for your four legged friends too. Distance (in miles): 3 Level of Difficulty: Easy / Moderate Type of Map: Good map and verbal description Meet in Osborne View car park at 10.45. Approximate walk duration 60-90 minutes. http://www.thechestnuthorse.com/ Please express your interest with Nicola and further details on location will be provided.

Saturday 15th September

at Royal Victoria Country Park

SUMMER FUN DAY AND BARBECUE

A summer family fun day and lunchtime bbq has been organised for Saturday 15th September at Royal Victoria Country Park. Come along and enjoy lovely freshly cooked BBQ sausages and burgers with all the trimmings. Ice lollies and choc ices for pudding. Games and sports equipment available for use, including footballs, softball, badminton, frisbees and the like with a fun game of cricket or rounders depending on numbers and enthusiasm! Gazebos will provide shade for what we are hoping will be fantastic weather Other amenities available within the park include: • large playground and play area to cater for all ages from tots through to teenagers • miniature railway track to take a trip around the park • large café and amenity area • lovely sea / estuary views and access to the water and shoreline • heritage site of the old Netley Hospital currently being restored • lots of open space Cost to include a barbecue lunch will be £2 per adult, £1 per child or £5 for a family (2 adults and 2 children under 12) Expressions of interest to Nicola Jennings at administration@hampshirelawsociety.co.uk

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Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Contentious probate for practitioners and litigators Keith Biggs is now a Probate Consultant but was the District Probate Registrar at Winchester. Part 1. Avoiding problems with making wills Part 2. The use of the N-CPR 1987 in contentious matters Part 3 The effect pf the civil procedure rules 1998 on probate litigation Part 4. Contested probate claims Part 5. Applications to rectify wills Part 6. Applications to remove/substitute personal representatives Part 7. Costs in probate claims

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

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

Tuesday 20 November 2018

Tuesday 22 January 2019

Tuesday 26 February 2019

Court of Protection

SDLT Update 2019

Criminal Law Update

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

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

Details TBA

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

Tuesday 2 April 2019

April 2019

Civil Litigation Update

Employment Law Update

Family Law Update

The speakers will be from No 18 Chambers.

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

DJ Simmonds former solicitor and member of the children panel appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money. • Legal update, children and money • When contact isn’t working, tips & traps • Other topical issues

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May 2019

Tuesday 4 June 2019


Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Conveyancing Update

Property lecture

Richard Snape is a consultant with Davitt Jones Bould. He is a renowned speaker on all aspects of Real Estate Law and he lectures nationwide to a wide audience including local law societies, solicitors firms, local authorities and government departments. As a specialist speaker to property lawyers and property professionals, Richard has a reputation for delivering practical advice in an entertaining and engaging way. Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

Tuesday 18 June 2019

Edward Denehan is yet again recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.” He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.’

Tuesday 16 July 2019

Unless otherwise notified all lectures take place at the Holiday Inn, Leigh Rd, Eastleigh SO50 9PG from 13.45 – 16.45. There is free parking at the venue. The programme will be regularly updated once additional information received distributed via email and in the quarterly magazine. You can find more detail on each lecture on our website www.hampshirelawsociety.co.uk administration@hampshirelawsociety.co.uk

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

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

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

Total no of places booked

Price

Discount %

• All applications will receive a written confirmation of booking

1-4

£90.00

NIL

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

1-4

£81.00

10%

• Booking is subject to availability of places

1-4

£72.00

20%

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

1-4

£67.50

25%

• Venues are checked for accessibility

1-4

£63.00

30%

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

HAMPSHIRE LAW SOCIETY

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

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Article

• James Robins

• Ivan Roots

Dreamvar:

a recurring nightmare for conveyancers? A

common place property fraud occurs: an imposter sells a property that it does not own and disappears with the sale proceeds. The purchaser now has neither its money nor the property. But the conveyancers and estate agents acting for the parties had no idea the seller was an imposter - are all or any of them liable? The Court of Appeal has recently handed down judgment in the landmark conjoined cases of Dreamvar v Mishcon de Reya and P&P v Owen White (2018) EWCA Civ 1082 and James Robins and Ivan Roots of Womble Bond Dickinson (UK) LLP explain why the judgment is not good news for conveyancers or their insurers. What happened? Both cases involved a genuine buyer and a fraudster purporting to be a genuine owner and seller. In P&P the defrauded buyer, P&P, sued the fraudulent seller's solicitors and the estate agent. The buyer asserted that the solicitors and estate agent had acted in breach of warranty of authority and claimed they owed it a duty to carry out identity checks on the seller. The problem for the solicitors was that they had not fully complied with anti-money laundering regulations and the estate agent just assumed that the solicitors had verified the seller's identity. Finally, the buyer alleged that the seller's solicitors had acted in breach of undertaking and breach of trust by remitting the purchase price to their client whereas the undertakings given and the trust created by the Law Society Code for Completion by Post (2011) (the Code) required payment to the true owner in return for good title. There was no claim by the buyer against its own solicitors. In Dreamvar , the buyer, Dreamvar, brought a claim against its own solicitors Mishcon de Reya (MDR) and the seller's solicitors but not the seller's estate agent. Dreamvar's claim against the seller's solicitors was also based on breach of warranty of authority, breach of undertaking and breach of trust. Its claim against its own solicitors was that they had acted negligently as they had not sought to protect it against fraud risk. It also alleged breach of trust. The argument was that the trust on which MDR held the buyer's money was to release it to the seller's solicitors in the context of a genuine transaction, not just one that looked genuine. The Court of Appeal decision The Court of Appeal reviewed the authorities relating to breach of warranty of authority, whether a solicitor could owe a duty to someone other than their client, breach of trust and the relief of trustees from liability. There was also detailed analysis of the terms of the trusts and undertakings forming part of the Code. Breach of Warranty of Authority While the Court emphasised that the terms of any warranty of authority were ultimately fact-specific, they held that the sellers' solicitors had warranted they acted for the actual owners by signing the sale contracts. However, as there was no evidence that the buyers' solicitors had relied on the warranties given, the claims for breach of warranty of authority failed. The Court also held in the P&P case that the estate agent was not warranting it had instructions from the genuine seller.

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Conveyancers' Duty of Care The Court found that the sellers' solicitors owed no duty of care to the buyers when complying with anti-money laundering regulations as these regulations were aimed at deterring crime and not protecting buyers. Breach of Undertaking The undertakings given by the sellers' solicitors and the terms of the trusts on which they held the completion monies did require the transactions to be valid and so payments to an imposter put the solicitors in breach even without fault. The claims against the sellers' solicitors therefore succeeded. Breach of Trust Both the sellers' solicitors and MDR sought relief from liability under section 61 of the Trustee Act 1925 which gives the court a discretion to relieve a trustee from liability when the trustee has acted honestly, reasonably and ought fairly to be excused. The Court declined to grant relief to any of the solicitors involved. The decision not to grant relief to the sellers' solicitors was understandable as they had not carried out identity checks properly. What was more contentious was the decision to deny relief to MDR. The Court (which split 2:1 on this aspect) justified this on the basis that MDR could have advised the buyer about the risks and, crucially, MDR were insured and therefore better placed to absorb the loss than the buyer. It was also important that MDR would be able to seek a contribution from the seller's solicitors. Implications of the decision The Court of Appeal's decision places a considerable burden on conveyancers to assess the genuineness of conveyancing transactions and to suffer the financial consequences if their assessment is wrong. In terms of options to limit exposure, buyers' solicitors could try to agree retainers which relieve them of liability in the event that the seller turns out to be a fraudster. Alternatively, they could seek evidence of the identity checks which sellers' solicitors have carried out. Sellers' solicitors must tighten up identity checks and follow up on any discrepancies. External help for conveyancers may be available if the Law Society Code for Completion by Post is amended to modify the terms of the trust on which completion monies are sent by buyers' solicitors and held by the sellers' solicitors. For the moment, however, the burden of fraud on conveyancers and their insurers has become heavier.

By JAMES ROBINS (Partner) and IVAN ROOTS (Associate) Womble Bond Dickinson (UK) LLP.


Printing

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SERVICES Bluedot Display Ltd has been producing high quality products since 2000. With 3 large format printers (latex, solvent and inkjet), 2 laminators and a vinyl cutter, we are able to produce most items on site. We are a reliable, local supplier who is able to provide professional, affordable services and work to the most demanding time constraints. In addition to meeting the needs of customers in Surrey, Hampshire and Sussex, we regularly supply conference materials and display stands across Europe and external and internal signage across the UK. TESTIMONIALS Some of the favourable comments made by customers who have been happy with the products and services provided by Bluedot Display Ltd Starting with the most recent ones below………… “I have been over to have a look and they are excellent. Thank you very much.” Roger, Charterhouse School 07/03/2018 “Maps received, great job as usual.” Toni, Surrey County Council 07/03/2018 “Thank you for the excellent products you’ve supplied and for all your help.” Simon, Guildford Borough Council 26/02/2018 “Just a quick email to say the new signs look great! We are very happy with them.” Tatiana, Fairoak Estate 23/02/2018 Tell us how we can help. You can get in touch by either calling on 01483 861168, emailing us on printing@bluedotdisplay.com. ■

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HAMPSHIRE LEGAL

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Food

Samba Salad!

With summer in full swing, looking out over the dazzlingly blue Southampton water from our production kitchen in Hythe, you can’t help but be caught by the bright colours and vibrancy of the season.

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T

his rare and almost tropical weather has inspired me to create a Brazilian Menu, featuring bright, dynamic salads packed with flavour. Taking inspiration from ingredients abundant to Brazil such as sweet potato and black bean and using refreshing flavours of mango and avocado, balanced with a kick of chilli heat, they are the perfect accompaniment to our rich, zingy chimichurri prawn & salmon skewer or hot and spicy malagueta marinated pork.

Our Brazilian Barbeque is an excellent way to bring together family and friends; over food that not only tastes great, but it is a feast for the eyes. Let us create the relaxed atmosphere so you can spend your day enjoying your event – whatever that may be. We use our barbeque aromas; whilst savouring a refreshing chilled beer or, if you really want to feel like you’re on holiday in Brazil, a caipirinha – their national cocktail - to be enjoyed in the glorious sunshine. ■


Conveyancing

Local Searches – Just what is happening? I hear that all our searches can be ordered direct through HM Land Registry now, is that right? “No, it’s not. There are 321 Councils carrying out Local Land Charges Searches. Only one - Warwick - has gone live so far.” But the rest won’t be far behind, surely? “Another 7 are due to go live later this year, with the rest of phase 1 next year, that will mean only 9% of the country will be live by the end of 2019 if we consider the best case scenario.” So, 9% of Hampshire searches done the new way in 2019? “No, phase one is mostly in the midlands and the north. There are no Hampshire, Surrey, Dorset or Sussex Councils in that batch.” But the new way, when it comes, will be much better, wont it? I hear you can get all your searches at the click of a button. “I’m afraid you’ve heard wrong. Only the LLC1 (the single page on Registered Entries) part of the search will be online. The important CON29 (Enquiries on road adoptions, planning refusals, building regulations etc.) will not be included and will have to be obtained separately.”

So, where will I get this CON29 from? The 2 parts (LLC1 and CON29) cross reference all the way through, who will check that for me? The Council, as it does now? “None of the initial Councils going live have any intention at all to provide a CON29 service. The only way to get a combined LLC1 and CON29 search is via a regulated and fully insured personal search company.” I am acting in a conveyance where the lender insists on an Official Council Search, can I still get one? “Applying to the Council in that instance will get you an Official LLC1 only for £15 and you must source the rest of the information elsewhere. Therefore, the best way is to get a personal search company to provide an official HMLR LLC1 combined with a personal CON29 as part of your searches pack including your environmental and flooding reports. Don’t worry, your search company will do all the cross referencing for you and the complete document will be fully regulated and insured.” Andrew Prismall, M.D. HW Conveyancing Searches Chairman IPSA (search industry trade body) Director, Search Code Board member, HMLR External Advisory Board

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Health

Working outside office hours? It could greatly put your employees’ mental health at risk Photo: Sally Woolston

The legal and financial sectors are rapidly evolving into a fast-paced and increasingly digital world, and, as such, new ways of working (including hours outside of the nine-to-five) are more and more becoming the norm.

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ally Woolston, Business Development Manager at unoccupied property insurance specialist Unoccupied Direct, compiles recent figures from the new Global Benefits Forum Survey: • 89% of large law firms contractually oblige staff to be available outside of office hours • One in four employees (26%) in the legal sector believe their mental wellbeing is at risk by working outside office hours • 20% of employees in the legal sector believe working outside of office opening hours negatively affects their productivity Lack of downtime affects productivity With around 41% of multi-national law firms currently offering mental health resilience support for their employees (and a further 22% expecting to do so in the next decade), it’s clear that maintaining the wellbeing of staff is increasingly becoming a priority for the legal sector. However, this seems to be somewhat undermined by the fact that 89% of law firms still contractually oblige their employees to be available outside of working hours. The short-term gains of having employees available constantly could end up being

outweighed by the longer-term impacts of not allowing employees to fully ‘switch off’ from work. Retaining talent: long-term employees The pressure of long, irregular or on call type working hours can mean many employees have to blur the lines between their work and home lives, meaning firms could increasingly expect see a quick turnover rate. Many potential employees (81% of those surveyed) would be put off applying for jobs that have expectations to be on call outside of the usual working week. By contrast, 44% of HR directors at law firms say that this is an expected role at their company. As well as proving difficult to keep long-term staff, this disconnect could affect future talent acquisition too. Senior Vice UK President of Lockton, Chris Rofe, comments: “Many employers are ‘not walking the talk’ when it comes to work life balance. With employers spending millions on health and wellbeing initiatives, many are failing to acknowledge one of the biggest risks to their employees’ health and wellbeing. ■

Sally Woolston Business Development Manager


Wills Conveyancing and Probate

A family’s unexpected discovery changes the way the estate is distributed Where do you turn when a person has died without a valid Will and the family cannot tell you all the information needed to administer the deceased’s estate? Even when the family believe they can, do you execute the administration process, relying solely on the family testimony available at that point?

I

nvest countless hours in trying to establish the family and piece together a family tree? Or do you enlist a specialist to check the facts, because they might just uncover information that could change the facts of the case altogether? Elsie Wright’s case illustrates why instructing a professional genealogist to verify facts is always best practice. Elsie Wright was born in 1930 in Ilkley, West Yorkshire, and she married George Strong in 1966. Elsie and George never had any children and she passed away in a nursing home in 2012, two years after the death of her husband, without leaving a Will. With no children, Elsie’s two nephews, David and Robert, believed themselves to be the sole heirs entitled to their aunt’s estate. Their mother Helen, Elsie’s only sibling, had passed away many years ago. With such a simple family history, the solicitor assumed that the estate administration would be a straightforward matter, but, having a thorough approach to his work, he pursued clarification using Fraser and Fraser’s Family Tree Checker service. This service involves reviewing the existing documents, certificates and family tree, and checking the details against the available transcribed databases to provide an expert genealogical opinion on its accuracy. In this case, the story had only just begun. By 1960s standards, Elsie was an old bride at the age of 36, and this sparked the interest of our Case Manager. Further research delved into Elsie’s past and uncovered an unexpected discovery. Elsie was previously married at age 23, and that marriage had resulted in the birth of a son named David.

This was a revelation that could potentially change the way Elsie’s estate would be distributed. It was previously understood that Elsie had no children and her estate would be shared between her two nephews. The discovery led the search for heirs in a new direction. Our research proved that Elsie divorced her first husband, but what became of the child continued to be a mystery. Elsie’s son appeared to have lived with her for the first year of his life but then no record of him could be found. He had not been formally adopted, and this would mean that, having legally remained Elsie’s son, he would retain the right to inherit her entire estate. The search continued and revealed a well-kept family secret that would change the nephews’ entitlements to the estate. Although David had been raised by Elsie’s older sister Helen, he was not her biological child. The woman he knew as Aunt Elsie was, in fact, his biological and legal mother. Following Elsie’s divorce, and given the societal pressures of the time, Elsie had given her son David to be raised by her older sister, Helen. After careful research and expert handling, a case that was brought to us with seemingly clear beginnings could now be rightfully distributed. Family secrets, informal adoption, multiple marriages and a lack of research expertise can all play their part in making research more complex than it originally seems. Fraser and Fraser’s Family Tree Checker service gives you the chance to discuss the complexities of the case with us. We check for inconsistencies, gaps and question marks so that we can advise you on the best way forward.

GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS Phone: 020 7832 1430

I am a Solicitor

Email: info@fraserandfraser.co.uk

Looking ffor or Missing Beneficiaries Missing Beneficiary Insurance Certificates Will Search Missing Wi Will Insurance Industry Regulation International Bankrruptcy Search Asset Search Share V Vaaluations, Tra Transffers and Sales Probate Property Assistance

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Wills and Probate

Ollie and Scruffy Scruffy is a shy but playful Yorkshire Terrier who has always had his best friend Ollie, a 14-year-old Shih Tzu Cross, there for comfort and companionship. Their owner ensured the pair had all the love and attention they needed, but their world was turned upside down when their owner unexpectedly passed away.

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ortunately, Scruffy and Ollie’s owner had made provision for them with Dogs Trust, by registering for the Canine Care Card scheme. Dogs Trust had promised to take care of both of them should the worst happen, which is how they came into the care of Dogs Trust Loughborough. The Canine Care Card gives owners peace of mind, Dogs Trust will care for their beloved dogs and find them a new home. Ella Tonge, Supporter Relations Officer at Dogs Trust Loughborough, said: “Ollie had lived with her owner for ten years and Scruffy almost all his life so there’s no doubt they’ve gone through a lot of change recently and rely on each other for comfort. They’re absolutely inseparable! They will be a lovely addition to any family and we just hope they don’t have to wait too long for the comfy, cosy forever home with the loving new owners they deserve.”

One in every four of your clients has a canine companion. Naturally they’ll want to make provision for their faithful friend. And now you can help them at absolutely no cost by requesting a pack of Canine Care Card forms today. Your client simply returns a form to Dogs Trust and we issue them with a wallet-sized card, which acts in a similar way to an organ donor card and notifies people of their wishes for their dog. Once their dog arrives at one of our rehoming centres, they will be examined by our expert vets and cared for by our dedicated, trained staff. We will endeavour to find them a new owner whose lifestyle and experience match their needs. If for any reason they cannot be rehomed, rest assured Dogs Trust never puts down a healthy dog, so we will look after them for the rest of their lives. Request a Canine Care Card registration form now and help your client gain the peace of mind, knowing their dog will be cared for should anything happen to them. Please fill out the coupon, or alternatively call 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 333840.



Inheritance Tax

Death and Taxes. In July 2013 I wrote that “receipts from IHT increased by 7% to around £3 billion in 2011/12 It is a significant revenue source for the Treasury and destined to remain so for years to come”. How right I was. Receipts from IHT for 2017/18 alone are expected to come in at £5.3 billion, over 75% higher. It’s true that more people are dying than previously expected. The ONS suggests that by 2022 the population above state pension age will be 1.2% lower than previously assumed.

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3. Shares and share-related funds should be regarded as long term investments and should fit in with your Back in July 2013 the Nil Rate Band for an overall attitude to risk and your individual was £325,000. It still is. Surviving financial circumstances. spouses can now benefit from any unused Important information IHT threshold within the NRB and we have This article is for general information only the additional nil rate band for property and is not intended to be advice to any which increased to £125,000 last Friday. specific person. You are recommended to Broadly though the Government has a seek competent professional advice continued focus on tax avoidance and is before taking or refraining from taking any intent on increasing the amount of IHT action on the basis of the contents of this generated. publication. The FCA does not regulate tax There remains numerous ways to limit IHT advice so it is outside the investment such as spending everything, making protection rules of the Financial Services annual gifts to family or gifts out of and Markets Act and the Financial income. Outright gifts of capital can be Services Compensation Scheme. The made via trusts or directly to the recipients newsletter represents our understanding of but both involve the loss of access and law and HM Revenue & Customs practice control to the funds and not many of us as at 11th April 2018. can predict how much we can afford to This material is for the use of the intended give away. recipients only and may not be One solution is to make investments that reproduced, re-distributed or passed to qualify for Business Relief. Unlike gifts or any other person or publicised in whole or trust settlements BR investments fall in any part for any purpose. outside the estate after just two years The material is not intended for use despite the asset still being owned outside of the United Kingdom. The outright. As long as it is held for two years material is not directed at you if S4 it can be gifted at a later date with no IHT Financial Ltd is prohibited or restricted by consequences. A number also focus on any legislation or regulations within your capital preservation, aiming to deliver a jurisdiction. modest net annual return, protect against Issued in the UK by S4 Financial Limited inflation and preserve value. The proof is (reg. No. 05089919). Incorporated and in the pudding and in the case of one registered in England and Wales with such offering the investment objective has registered office at Unit A, Causeway been delivered every year since launch in Farm, Cricket Green, Hartley Wintney, 2007. Hampshire, RG27 8PS. Please Note 1. The value of tax reliefs depends on Nick Cole your individual circumstances. Tax Senior Consultant S4 Financial Limited laws can change. The Financial - 0127634932 – Conduct Authority does not regulate nick.cole@s4financial.co.uk tax advice. 2. The value of your investment and the income from it can go down as well as up and you may not get back the full amount you invested. Past performance is not a reliable indicator of future performance. he more significant factors though are rising house prices, tighter Government T policy and tougher HMRC enforcement.


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Notices

Downie and Gadban Solicitors and Notaries

PRIVATE CLIENT SOLICITOR

Dixon and Templeton LLP Solicitors

EXPERIENCED

COMMERCIAL LAWYER

Full-Time / Part-Time / Job-Share Private Client Solicitor now required for a well-regarded practice in Alton, Hampshire to take on a varied and interesting caseload.

EXPERIENCED

The Firm We are a small, but dynamic law firm with a rich heritage formed in 1905 in Alton, Hampshire. Our main office is at 100 High Street, Alton and we also have a small office in Guildford, Surrey.

The Roles We are High Street Solicitors still offering a personal and friendly service seeking to recruit: An experienced Commercial Lawyer to work in our Ringwood office and an experienced Private Client Lawyer to work in our Fordingbridge office. ■

The firm seeks to provide the quality of work and level of service usually associated with much larger firms to existing and discerning new clients. What sets us apart is our personal service – combining traditional values with a modern outlook we aim to offer our clients a professional and personal service, providing legal expertise which is both tailored to the individual needs of our clients and value for money. Many of our new clients come from recommendations or from families who have used Downie & Gadban for generations. The Role We are seeking a pro-active ambitious Private Client Solicitor to advise on Wills, Probate, Lasting Powers of Attorney, trusts and tax. The firm offers a competitive salary, partnership prospects and a good work-life balance. The Candidate You will be a qualified solicitor with a minimum of 4 years PQE; Solid background in a Private Client department;STEP qualification would be an advantage; Excellent client care skills;Outstanding communication skills; Able to work with minimum supervision. ■ Please apply by email to simon.acworth@downieandgadban.co.uk with a copy of your CV

MISSING WILLS Mr Keith Fuget North 81 Petworth Gardens, Lordshill, Southampton SO16 8EF DOB 11/04/1929 DOD 31/12/2017

Margaret Rose Ransome (Prev married name Bilboa or Cooper) 4 Caslake Close, New Milton (may have used 17 Park Road, Milford on Sea) DOB 22/01/1931

Berenice Lillian Randall 32 Sunningdale Gardens, Bitterne, Southampton DOB 19/09/1928 DOD 12/05/2018

LOCUM CONVEYANCING Ray Martin Solicitor admitted 1978 with 39 years experience of residential and commercial conveyancing . Locum since 2015 . Flexible hours and locations. ■ Tel: 07802428236 or email raymondearlmartin@gmail.com for cv and terms of business

34

HAMPSHIRE LEGAL

PRIVATE CLIENT LAWYER

Please apply with CV to Bill Templeton e-mail wst@dixon-templeton.com www.dixon-templeton.com

Biscoes Solicitors

EMPLOYMENT LAWYER VACANCY The Role An excellent opportunity has arisen for a qualified employment lawyer with at least 1 years' POE (or equivalent skills and experience) to work in the Commercial Department at our Portsmouth office. This role would suit a dedicated and driven employment lawyer who is passionate about employment law and who enjoys finding solutions to clients' problems. Your caseload will include a mix of both contentious and noncontentious matters working for both employers and employees. Main responsibilities • Drafting contracts of employment, employee handbooks, consultancy agreements, settlement agreements etc. • Advising on restrictive covenants and confidentiality agreements. • Advising on contentious work issues and settlement agreements. • Employment tribunal case preparation and representation for both claimants and respondents for all types of claims. • Business development activities including attending events, training and seminars. The Ideal Candidate A sound knowledge of employment law is essential along with strong academics, good interpersonal skills (both verbal and written), excellent client care and the ability to organise, prioritise, handle and take responsibility for a varied caseload. Salary & Benefits: Competitive depending on experience, 25 days holiday, contributory company pension, staff bonus scheme, healthcare cash back scheme and membership to Perkbox. This is a permanent position working 35 hours per week. Equal Opportunities We believe a diverse culture can bring specific skills and personalities and so promote equality and diversity and we are happy to discuss any reasonable adjustments individuals may require in the recruitment process, or once in post. Biscoes is committed to giving fair support to members of the Armed Forces Community. As such, Biscoes guarantee an interview for any Armed Forces member as long as they meet the requisite criteria set out in the job description. The scheme is not a guaranteed job for members of the Armed Forces Community, as selection procedures will ensure the best candidate for the job is appointed, based on the objective criteria of the role profile. Applications: By email to Sarah Godley, HR@biscoes-law.co.uk6 with CV and brief covering email. Closing date: Friday 6 July 2018


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