Hampshire Legal June 2022

HampshireLegal THE OFFICIAL JOURNAL OF THE HAMPSHIRE LAW SOCIETY

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JUNE 2022

Working together, sharing rewards Plus

HILS Annual Dinner 2022

National insurance contributions increase – what does it mean for you?

Preparing for a better future with the Big Report

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PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 05 President’s Review 08 CPD Programme

15

SALES DIRECTOR Karen Hall

2022 & Notices

STUDIO MANAGER Lee Finney

10 Happenings

MEDIA No. 1887

in Hampshire

PUBLISHED June 2022 © Benham Publishing Ltd.

14 Council Member

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 Media. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

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

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members 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.

Update

15 Loneliness 16 The Annual Dinner 20 National insurance 16 20

25 Planning for worse case scenario

COVER INFORMATION Photo by Fauxels on Pexels.com.

26 Charity scheme

calls on Hampshire solicitors to support humanitarian efforts

Copy Deadlines 31st August 2022

27 Preparing for a

For the September 2022 edition

Editorial Anyone wishing to submit editorial for publication in Hampshire Legal please contact Nicola Jennings before the copy deadline. administration@hampshirelawsociety.co.uk

23 No Fault Divorce 24 Junior Lawyers Division

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

Advertising Anyone wishing to advertise in Hampshire Legal please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com

contributions increase – what does it mean for you?

better future with the Big Report

23

28 Book Review

Follow us on social media @hampshirelawsoc https://www.linkedin.com/company/hampshireincorporated-law-society/ HAMPSHIRELEGAL | 3

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INTRODUCTION

President’s Review JUNE 2022

Mo Aldridge

W

hat a fantastic few months it has been!

The Committee have continued to work tirelessly on promoting HILS, engaging new committee members and organising events.

The 3 main events which have taken place since our last magazine – The Quiz, The Law Society Presidential Visit and the HILS Annual Dinner.

The Quiz took place on 31 March 2022 at The Grand Café in Southampton. It was a very good turnout and a nicely competitive affair. The food was excellent and a good time was had by all. We also raised over £200 for our charity – Jacksplace so well done and thank you to everyone that supported this event.

The Law Society Presidential Visit was on 03 May 2022 and involved seminars at Farnborough Sixth Form College, Winchester University and Southampton University. The events were open to everyone and anyone and each contained an insightful speech in to the challenges faced by people who want to enter the legal profession and the work that the National Law Society is undertaking to try and facilitate better and easier access. All 3 locations were well attended and some very useful interchanges of ideas took place.

to the magician to the photo booth to the limerick competition and raffle. I am delighted that we were able to raise £1,250.00 for our charity – Jacksplace and just as delighted that everyone seems to have had a fantastic evening. It truly was a pleasure to see everyone back out there in person, all dressed up and having a good time. Thank you to everyone that helped make it a memorable event for all the right reasons.

I continue to work hard on our social media engagement and am pleased to say we are seeing very positive results particularly on Linked In. Please do connect and share with others in the legal fields so we can reach a wide and varied audience.

Once again I thank the committee who all volunteer and are busy working hard to plan for more events in the year. If you have any interest in joining the committee or any ideas for other types of events, lectures or seminars then please get in touch. ■

Mo Aldridge

President Hampshire Law Society

Finally the HILS Annual Dinner which was held on Thursday 26 May 2022 at The Hilton Ageas Bowl.

We had an amazing speaker – Ann Daniels who is a polar explorer and expeditionist and her stories were both awe-inspiring and shocking in equal measure. The evening was sponsored by Barclays, Index Property Information and No.18 Chambers and we are exceptionally grateful to them for their support and attendance. It was a wonderful evening with much hilarity from the heads and tails game HAMPSHIRELEGAL | 5

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auctions@cliveemson.co.uk cliveemson.co.uk 0345 8500333

Upcoming Auctions

ENTRIES INVITED For Our Land & Property Auctions

We are continually inviting entries for our auctions which are scheduled throughout the year.

We are only an email, call, or click away • • •

auctions@cliveemson.co.uk cliveemson.co.uk 0345 8500333

28 July

Closing Date for Entries: Tuesday 05 July

21 September

If you would like to arrange a no obligation auction appraisal please do not hesitate to contact us or complete our online form at:

Closing Date for Entries: Tuesday 30 August

www.cliveemson.co.uk/selling/

Closing Date for Entries: Monday 10 October

02 November

Case Study The well-known Gosport Solicitors, Donnelly & Elliott, kindly instructed us for our May ’22 auction on the sale of a dilapidated two-bedroom, flat-fronted terraced house in Fawcett Road, Southsea.

The property had been left to a charity by the deceased former owner and was in a very poor state of repair.

A formal valuation had been undertaken on behalf of the charity, by a local surveyor, to advise the beneficiaries on the level for the confidential auction reserve, which was then set at £100,000.

The property was duly marketed with a published Guide Price of £100,000 PLUS and significant interest was achieved.

Come auction day there were 34 bids for the Lot, which was eventually sold under the hammer, for £159,000. The exceptional final sale price was of course achieved in an open and transparent manner, with any and all prospective buyers having had full opportunity to bid and with the market fully tested.

Both the probate solicitor and the beneficiary were left content in the knowledge that the very best possible price had been achieved, and with an immediate exchange and a completion set for 20 working days later, the sale was achieved within a speedy and defined timescale.

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Local Knowledge - National Coverage

HLS 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 Mo Aldridge Jasper Vincent 44 Queensway, Southampton SO14 3GT Tel: 023 8063 3225 maldridge@jaspervincent.com Vice President Tom Mitchell Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF Tel: 02380 820465 tom.mitchell@trethowans.com Deputy Vice President TBA Honorary Secretary Ian Robinson irobinson@hotmail.co.uk Honorary Treasurer Tom Mitchell Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF Tel: 02380 820465 tom.mitchell@trethowans.com

Immediate Past President James Gleisner Law Society Council Member Adrienne Edgerley Harris Shentons Star Lane House Staple Gardens Winchester SO23 9AD adrienneedgerleyharris@gmail.com Administrator Nicola Jennings Tel: 023 8044 7022 administration@hampshirelawsociety.co.uk Complaints Tom Mitchell tom.mitchell@trethowans.com Education & Training Tom Mitchell Kirsten Wickham Nicola Jennings Membership Sarah Coates Harriet Olway Clare Tindale

Contentious Russell Evans russell.david@yahoo.co.uk Kevin Richardson Non Contentious Matthew Robbins Mo Aldridge PR (inc Social) Mo Aldridge (Chair) maldridge@jaspervincent.com Sarah Hallett Eliza Watts Regulatory Adrienne Edgerley Harris (Chair) adrienneedgerleyharris@gmail.com Ian Robinson Sarah Huck

Follow us on Twitter @hampshirelawsoc Follow us on LinkedIn https://www.linkedin.com/ company/hampshireincorporated-law-society/

HAMPSHIRELEGAL | 7

CPD – TRAINING

CPD Programme 2022 W

e have successfully moved our CPD programme online and offered access to other free CPD from our providers, clients and local chambers etc. This has proved popular with many of you and is something we plan to continue to offer certainly in the short term.

There are a number of other things in the pipeline including some more general legal updates and one day conferences (which will be face to face). If you can help in any way with speakers, topic suggestions or venue space, this all keeps out costs down and provides the opportunity to reduce our delegate rates.

LEGAL UPDATE: CHILDREN, MONEY & FAMILY LAW IN GENERAL Date: Tuesday 7 June 2022 Time: 1500-1630 HHJ 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.

I n light of Re K and K where are we now on finding of fact hearings?

Case management in light of K and K Legal Update PROPERTY LECTURE Date: Tuesday 5 July 2022 Time: 1500-1630 Edward Denehan is 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”.

ommercial Rent (Coronavirus) Act 2022 C Waiver of forfeiture Tenant’s repairing obligations Claims under section 84(2) of the Law of Property Act 1925 Surrender of Leases

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VENUE Unless otherwise notified all lectures take place on Zoom from 1500-1630.

The programme will be 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 FEES & BOOKING 1.5 hour lecture: £35.00 (Non-Member: £50.00).

All lectures will take place via Zoom for the foreseeable future. The link will be provided in the days prior to the event. Handouts will be emailed prior to each lecture.

TERMS & CONDITIONS A ll applications will receive a written confirmation of booking.

Payment can be made securely online or is required with the registration form. No places can be reserved without payment.

Booking is subject to availability of places.

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

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.

Claiming the member rate remains the responsibility of the claimant however HILS will ensure that you are charged the appropriate fee once membership status checked.

Your membership also entitles you to attend online seminars run by some of our neighbouring law societies – check the website for details.

NOTICES

Family Solicitor (Maternity Leave) Salary: Competitive

Location: Petersfield

Burley Geach Solicitors are looking for an experienced Family Solicitor PQE 3 years+ to cover a period of maternity leave at our office in Petersfield, Hampshire.

Candidates will be expected to demonstrate a proven track record within family law and have an open and friendly approach with clients. Full Resolution membership is preferable.

The work consists of all aspects of private family law, financial remedy, divorce, children matters, pre-nuptial and cohabitation matters with an emphasis on finances.

You will work independently but will be expected to contribute to, promote and develop the family team to ensure the continued success of this department.

Application Email Address: nicola.mercer@burleygeach.co.uk.

Missing Wills Michael John Filmer DOB: 4/3/1940.DOD 6/5/2020.

The Old House, Milking Lane, Leaves Green, Keston BR2 6DS (although he lived in Biggin Hill he travelled to Hampshire a lot and may have a Will in Hampshire).

Peter David Hawkins DOB 1/9/1953. DOD 11/1/2022.

Flat 3, 36B Wyndham Road, Salisbury SP1 3AB. Audrey Winifred Brown DOB 8/1/1933.

1 St Helena Way, Porchester, Fareham PO16 8NY.

Anticipated Social Events for HILS 2022 JULY

OCTOBER

Scavenger Hunt Rounders Match

Bowling Halloween Bake Off

JULY/AUGUST

NOVEMBER

Family Walks

Decoupage Evening

SEPTEMBER Legal Walk

Want to feature in Hampshire Legal?

Work Experience Student looking for some work experience in a law firm or solicitor office for a week in July in Southampton or around. I recently completed a King & Wood Mallesons virtual law experience program, “Global Introduction to Law Program”, focussing on commercial law. I plan to take Law A-level (alongside History and Politics) and I am particularly interested in criminal and family law.

For my work experience, I would be happy to shadow someone for a week, and I would also love to help out where I can.

Please contact administration@hampshirelawsociety. co.uk for copy of CV.

To advertise in Hampshire Legal, please call Catherine McCarthy our Business Features Editor on 0151 236 4141 or email catherine@ benhampublishing.com.

HAMPSHIRELEGAL | 9

HAPPENINGS IN HAMPSHIRE

Biscoes Solicitors shortlisted for four PETA Apprenticeship Awards

B

iscoes were over the moon to hear that their apprentices and mentor have been recognised for their great achievements and have been shortlisted for the following Awards:

Chloe Freshney ■ ■ ■ ■

Gemma Dudman

Sarah Godley

I CT Apprentice of the year – Chloe Freshney Rising Star Award – Gemma Dudman Mentor of the Year Award – Sarah Godley Best Apprenticeship Employer Award (SME – Under 250 employees)

Biscoes currently have 6 apprentices with another couple more to sign up to apprenticeship courses in June and September this year.

Biscoes apprentices recently supported National Apprenticeship Week and joined the Shaping Portsmouth Apprenticeship Bus around Portsmouth.

Alison Lee, Managing Director of Biscoes commented, “We are delighted to be shortlisted for these awards. Apprentices are changing our business everyday, and we strive to create an excellent apprentice experience and dedicate a lot of time and effort into developing our apprentices with great results.”

Debbie Brown, HR Manager added, “We are keen to show that apprenticeships can be undertaken at any age, any stage of a career and at different levels within the business. We are really looking forward to the PETA awards ceremony on the evening of 24 June 2022.” ■

Hampshire-based Parker Bullen promotes four of their legal eagles to Equity Partners

L

ocal law firm Parker Bullen has promoted four members of staff to Equity Partner as from 1st May.

Suzanne Foster, Jason Evans and Tom Bessant have been promoted from Partner to Equity Partner, whilst Ashley Partridge has scaled the ranks to Equity Partner from his previous position as an Associate.

Suzanne is Head of Family and Relationships providing first class advice in all matters of family law, with a particular specialism in supporting families in the Military.

Jason was recruited by the firm in March 2021 to head up the new Romsey office. He, too, deals with family law, specialising in divorce cases involving business interests and complex issues.

Tom looks after clients in the property sector. With 10 years of expertise and a residential and commercial property owner himself, he is uniquely placed to share his insight and knowledge.

And finally, Ashley, a qualified Chartered Legal Executive and Chartered Tax Adviser, is Head of Wills, Probate and Estate Planning, with a specific interest in advising on tax and estate planning.

Gareth Horner, Managing Partner, comments: “We are extremely fortunate to have such legal giants in the making. Each one of these lawyers has their own strengths and specialisms, with which they have built up excellent working relationships both with their clients and their colleagues.” ■

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HAPPENINGS IN HAMPSHIRE

Spring successes for Churchers Solicitors across the South

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merger, promotions and an outstanding individual performance have been among the highlights of Spring 2022 for Churchers Solicitors.

At the end of March Churchers announced its merger with Isle of Wight law firm RJR Solicitors further cementing its legal presence on the Island.

The merger increases and enhances its commercial property and company commercial services, as well as strengthening the family and wills, probate and estate planning teams.

Both Churchers and RJR Solicitors have a similar ethos of delivering legal series to the community from accessible locations. The merger strengthens both firms in providing services in areas of law which neither were previously able to provide Isle of Wight residents. This includes litigation and employment to RJR clients and commercial to Churchers clients. Both firms are long established and the merger addresses possible succession issues in the future to ensure a continued presence on the Island.

Andrew Bryan, Churchers Solicitors Managing Partner, said: “We have always had a strong legal team based on the Isle of Wight and now that has got even stronger. This merger gives the Island community access to a plethora of legal services from well established and respected law firms – all accessible locally.”

The merger grows the Churchers presence on the Island to six offices based in Ryde, Cowes, Freshwater, Newport and Shanklin – as well as the five existing offices in Hampshire.

Spoffort Medal Award for Jess Measham Newly-promoted Wills and Probate Partner Jess Measham achieved an incredible individual success when she was awarded the Spoffort Medal by the Chartered Institute of Taxation.

Jess recently became a Chartered Tax Advisor – the highest level of tax qualification in the UK – after completing her studies for the Chartered Tax Advisor courses and exams while maintaining a significant caseload.

Given the time commitment required for this qualification, and the extremely difficult circumstances created by the pandemic at the time, this in itself was an impressive feat. But in addition Jess was awarded the Spoffort Medal for the highest result in the country in her advanced technical paper on inheritance tax, trust and estates by The Chartered Institute of Taxation.

All of the Churchers family is extremely proud of this incredible achievement by Jess, which demonstrates not only her fantastic academic and technical skills but her true dedication to the firm and her chosen field.

Promotions Across The Firm In addition to her exceptional performance in her Chartered Tax Advisor exams, Jess was also promoted to Partner, making her one of the youngest Partners in the 150-year history of the company.

Jess joined the firm in 2012 as a paralegal, before commencing her solicitor’s training contract in 2013. Jessica graduated from the University of Southampton with a First Class Honours Degree in Law. Qualifying as a solicitor in 2015 she took up a seat in the Wills and Probate Department.

Other promotions at Churchers this Spring include: Louise Jack from the child law team in the Cosham office has been promoted to Associate. Louise joined the firm in September 2015 as a Trainee Solicitor. She qualified as a solicitor in 2017 and specialises in Children Act matters, and undertakes a wide variety of private and public law cases with an interest in advocacy. Louise is also an accredited member of The Law Society’s Children Law Panel.

Emily Manley from the wills and probate team in Lee-on-the-Solent has also been promoted to Associate. Emily qualified in January 2016 after having spent 15 months of her training contract in the Wills and Probate department and has worked exclusively in this area of law ever since, she has also qualified to become a full member of The Society of Trust and Estate Practitioners (STEP).

Maxwell Green from the commercial property team in Fareham has been promoted to Senior Solicitor. Maxwell studied law at Surrey University, graduating in 2009 and spent the beginning of his career at a Property Management company before taking up a training contract at a local law firm. He then joined Churchers in 2019 where he primarily deals with commercial property transactions, complex residential matters, lease extensions and equity release.

Daniel Norris from the family team in Ryde has been promoted to Senior Solicitor. After joining Churchers as a trainee in November 2017, he qualified as a solicitor in November 2019.

Daniel is now a very well-respected member of the family team working with families and couples across the Isle of Wight.

Managing Partner Andrew Bryan said: “It is amazing to see how these talented solicitors have progressed since they first arrived at Churchers. Our aim is to support our team allowing them to grow and thrive in their chosen field of law.”

“The tenure and achievements of the Churchers team is a great testament to the firm but more importantly vital to the communities in which we operate.” ■ HAMPSHIRELEGAL | 11

HAPPENINGS IN HAMPSHIRE

Trethowans raises nearly £2,000 for Abby’s Heroes

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team of seven runners from Trethowans have raised almost £2,000 for Abby’s Heroes, a charity in the city that supports children, teenagers, young adults and their families when diagnosed with cancer.

The team joined more than 8,000 people, who took part in the ABP Southampton marathon on Sunday 24 April and were competing over a range of distances.

Richard Thomas, trainee solicitor at the firm, ran a full marathon whilst James Kidner, commercial property partner, ran the half marathon.

Five other members of Trethowans’ team entered the 10k: Elizabeth Ryall (partner and head of commercial recoveries), Charlotte Everett (archive assistant), Amy Dashwood (legal secretary), Nikki Gowers (HR advisor) and Maxine Nutting (commercial litigation solicitor).

The team trained hard for the day, putting in an impressive performance to complete all their races and smashing their £1,200 fundraising target.

Mike Watson, Trethowans’ managing partner, said: “We have a strong CSR culture in our firm and always try to give back to charities in the local communities we thrive in.

“The impact on family members when a child or young adult is diagnosed with cancer is physically, financially and emotionally devastating before, during and after treatment. That’s why Abby’s Heroes work supporting affected individuals in the city and beyond is vitally important.

“I’d like to congratulate our team of runners, who have done extraordinarily well to raise such a large amount of money, as well as everybody who donated.”

Abby’s Heroes supports people under the care of the Piam Brown / Teenagers and Young Adults wards at Southampton General Hospital with a range of practical measures and programmes. Its mission is to offer financial and practical help and, importantly, the opportunity to make lasting memories for the children, young adults and their families. ■

Trio of new lawyers join ‘Times Best Law Firm’ Trethowans

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rethowans has continued its growth with the appointment of three new lawyers to its offices in Southampton and Winchester.

In Southampton, the firm welcomed senior associate Kate Marsh to its private client team and chartered legal executive Juliette Moule to its personal injury team. Meanwhile, in Winchester, associate solicitor Zoe Minton joined the family law team.

Kate Marsh joins the firm with 19 years’ experience working with highly regarded private client teams in London, Salisbury and Devon. Her wealth of expertise covers wills, powers of attorney, probate and estate administration, inheritance tax and estate planning, advance decisions, court of protection applications and trust advice.

In the personal injury team, Juliette Moule will assist senior members of the team with complex catastrophic cases, including brain injuries, spinal injuries, amputee cases and severe orthopaedic injuries.

Finally, associate Zoe Minton has worked successfully in family law for over 10 years, specialising in all aspects of relationship breakdown, including divorce, financial disputes and arrangements for children.

As well as being a member The Law Society’s Family Law Accreditation Panel, Zoe also has expertise in matters relating to domestic abuse, injunctions and complex children disputes.

Mike Watson, Managing Partner at Trethowans, said: “We wish Kate, Juliette and Zoe a very warm welcome to Trethowans, it is great to have them on board in Southampton and Winchester.

Their expertise will strengthen our ambitions in the region, as we look to continue growing our teams through internal promotions and external hires in the coming months.”

Trethowans was recently named in The Times Best Law Firms 2022. It has been offering legal services to businesses and individuals in the south for over 150 years with offices in Southampton, Winchester, Salisbury, Bournemouth and Poole. ■

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HAPPENINGS IN HAMPSHIRE

A hat trick of promotions at Warner Goodman LLP H

ampshire based law firm Warner Goodman are proud and loud about internally promoting and recognising the value of their staff.

Two New Associates Sabrina Skerritt and Robyn Finnegan have both shown talent, commitment and passion towards their careers at Warner Goodman and, as a result, have been promoted to Associates.

Alex Savage

Sabrina Skerritt

Robyn Finnegan

Sabrina has thrived since joining the Residential Property Team in Portsmouth in 2015 and continues to go from strength to strength. In 2017 the firm awarded sponsorship to Sabrina to support her through her Graduate Fast Track diploma with the Chartered Institute of Legal Executives (CILEx), which due to hard work and dedication, she completed within a year. Sabrina has been involved in many of the firm’s initiatives over the years and is passionate about maintaining and developing the outstanding reputation of the firm. Sabrina now leads a team in the Fareham office and provides excellent conveyancing services to her clients, which is attested to through her glowing reviews and client feedback. A thoroughly well-deserved promotion to Associate.

Robyn, having joined in 2020, has quickly made a name for herself within the Family Law sector from the Southampton Office. Having joined just as the pandemic hit, Robyn has shown her commitment to Warner Goodman, their vision, in addition to her ongoing career development, by reacting positively to the changing circumstances and providing excellent client care and results for her clients, in difficult times.

Robyn is a “Warner Goodman person” and the promotion is great recognition of her efforts for the firm and as well as her career growth.

Promotion to Partner Alexandra (Alex) Savage joined the firm in 2012 as a Trainee Solicitor in the Commercial Property Team. She successfully completed her training contract, including spending 21 months out of her 24 months training in the firm’s Property department.

She qualified as a Solicitor in April 2014 and remained with the Commercial Property team in Portsmouth.

In May 2015, Alex was promoted to Associate status in recognition of her hard work and dedication to the firm. Since then she has gone on to win the national LawNet Young Lawyer of the Year Award, which is a testament to her talents and has since, continued to develop her experience and expertise. Alex has built up a fantastic portfolio as a specialist commercial property lawyer, leading on a hybrid of both residential and commercial transactions for corporate clients, focusing predominately on acquisitions and disposals of investment properties, including buy to let properties and houses in multiple occupation. Fast forward to 2022, Alex is being promoted to Partner in recognition of the excellent progress that she has made and the leadership, skills and fantastic results that she provides for her clients. She has firmly made her mark within the business by developing her skills, in particular with HMO work, and is a great asset to the firm.

Managing Partner Andy commented “I am thrilled to announce these internal promotions, both Sabrina and Robyn are enthusiastic lawyers who are on the rise and a great enhancement to the selection of talent here at Warner Goodman.

Having Alex join us, as now a Partner is absolutely delightful and I am so pleased that she has pledged her future career to Warner Goodman. It is inspiring to see the evolution from when Alex first joined us as a trainee, to then see her flourishing within each chapter of her career as a lawyer. She is now a leader of the firm, helping to guide us forward to continue to provide excellence in Legal Services to our clients, in a world that demands that we continue to innovate and support our client’s changing needs. I am proud to know that Warner Goodman is a place where determined people can learn, grow, are supported, be sponsored and establish themselves as leaders in their areas of expertise, as Alex has, and as Sabrina and Robyn are now doing. We pride ourselves upon supporting, and rewarding hard work, which we respond to accordingly, by giving our employees the recognition and advancements they deserve.” ■

HAMPSHIRELEGAL | 13

REPORT

Council Member Update May 2022 Adrienne Edgerley Harris 18 May online meeting with The Law Society On Wednesday, 18th May you can speak with the President and colleagues at The Law Society via an online Town hall meeting from 4.30-6.30pm. If you would like to attend, please contact Elinor Westgate on Elinor.Westgate-Louttit@lawsociety.org.uk.

Topics include a proposal to increase the practising certificate fee and a discussion of the current position on criminal legal aid.

Submit any questions you have asap to Elinor.

Criminal legal aid There is a government consultation (to 7 June) on fee uplifts: https://consult.justice.gov.uk/digital-communications/ criminal-legal-aid-independent-review-response/supporting_ documents/clairgovernmentresponseconultation.pdf

T

here’s lots going on at The Law Society (TLS) and around Hampshire and the Isle of Wight. Here are a few items that I hope will be of interest to you.

President’s Tour to Hampshire & IOW The President of TLS, I. Stephanie Boyce, was the keynote speaker at a very enjoyable AGM and dinner on the IOW in March, followed by a meeting the next day for local solicitors.

On 3rd May, the President delivered her inspirational talk “Dare to Dream” to students and solicitors in Farnborough, Winchester and Southampton covering the barriers she has – and continues to – break down.

Students wanted to know more about new qualification routes and how to obtain work experience. I was pleased to welcome so many and to meet in-house solicitors.

Solicitors working in-house are encouraged to join the Hampshire and IOW Law Society: you have a unique perspective on legal practice – please contact me or Nicola Jennings, the HILS administrator, for details (administrator@ hampshirelawsociety.org.uk).

Many thanks to HILS and the IOW Law Society for supporting these events.

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Rather hidden is the news that the increase for solicitors’ fees is 9% (written in the separate Impact assessment), despite the Bellamy Report’s recommendation of a minimum uplift of 15%. Even if you haven’t the stamina to plough through 106 consultation questions (these are listed at page 88 onwards), you can send in your comments – to CriminalLegalAidConsult@justice.gov.uk.

The Law Society has webinars on its website explaining the position. Also, please let your local MP know about the challenges criminal defence solicitors face: TLS lobbies government at senior level and we need to garner support locally.

Staying on the roll The SRA is proposing an annual charge to remain on the roll, due it says to legal changes on how personal data is handled.

The consultation proposes restoring the annual keeping of the roll exercise from April 2023 with the reintroduction of an associated administration fee of £30-£40 initially (it may increase later). It closes on 20 May 2022. Here is the consultation: https://www.sra.org.uk/sra/news/press/keeping-roll-2022/. ■ Contact me with questions and concerns – I will be pleased to hear from you: Adrienne Edgerley Harris aedgerleyharris@shentons.co.uk 01962 844544

ARTICLE

Loneliness H

umans are hard-wired to connect – we are tribal and social animals. We are biologically programmed to need other humans, and a feeling of belonging and connection drives our happiness. Despite this many of us will know what it’s like to be lonely, especially after living through two years of reduced social interaction.

Loneliness arises from either a lack of social relationships or a lack of close emotional bonds with those we have relationships with. It can occur because we work from home and don’t interact with colleagues often or have the time to pursue social connection, we live alone and rarely see others, or it may be that we just don’t have the quality of connection in our everyday lives, we don’t have people we feel close to or share values with.

Connection exists between people when they feel seen, heard and valued, when they can give and receive without judgement and when they derive sustenance and strength from that relationship.

Many lawyers have contacted LawCare feeling disconnected from work, their teams and their manager. Although increased use of technology has brought people virtually closer, it has reduced the opportunities for face-to-face communication and instilled a sense of psychological loneliness. No screen interaction can ever equal the connections made in real time and space.

Whilst it is normal to occasionally feel lonely, long-term loneliness is associated with an increased risk of certain mental health problems, including depression, anxiety and increased stress. People with strong social relationships are 50 percent less likely to die prematurely than those with weak social relationships.

As Professor Brene Brown says “A deep sense of love and belonging is an irresistible need of all people. We are biologically, cognitively, physically, and spiritually wired to love, to be loved, and to belong. When those needs are not met, we don’t function as we were meant to. We may think we want money, power, fame, beauty, eternal youth or a new car, but at the root of most of these desires is a need to belong, to be accepted, to connect with others and to be loved”.

Loneliness in the workplace Most of us spend more time working than doing anything else, particularly in the legal profession where long hours are endemic allowing little time for family and friends. If you are lonely at work and feel isolated from others either physically or emotionally it can adversely affect job performance, job satisfaction, creativity and work engagement. You are more likely to be off work regularly, to leave for another job, and it may also lead to problems at home. If someone is lonely at work it can also negatively affect their colleagues and the organisation as a whole. Loneliness cost UK businesses an estimated £2.5 billion each year pre-pandemic. Research conducted by Gallup the consulting firm found that employees with close and best friends in the workplace are more engaged in work, which results in high-quality work and greater employee well-being.

Who is most at risk of loneliness?

Men are often lonelier than women. A report from Cigna insurance company in the US revealed that nearly two-thirds of men (63%) felt lonelier when compared to women as men were more likely to spend time socialising with colleagues but tended to hide their true selves at work which made them feel lonely.

Men have been found to be more reluctant admitting being lonely than women due to the social stigma associated with it in some cultures.

Entry-level employees and senior executives were found to be the loneliest. Leaders such as Tim Cook the CEO at Apple reported feeling lonely despite being surrounded by thousands of employees.

What employers can do ■C heck in regularly. Managers should check in regularly, little and often works best, and informal chats are as important as work conversations. Ask how people are and how they are managing their workload. Make sure employees are looking after themselves. Ask them about their lives outside of work. In our Life in the Law research into legal workplaces wellbeing we discovered that of a wide range of workplace measures available, from private health insurance to mental health training, regular catch-ups or appraisals were reported to be the most helpful.

■ Pay attention to vulnerable groups. Juniors will often need more support, and are less likely to have a comfortable home working set-up, with those in flat shares or living with their parents often having to work from their bedroom.

■ Build a culture of connection and community. Look for meaningful ways to increase connection/interaction at work and meet employees’ psychological needs of social exchange. Brainstorms, informal tea-breaks, weekly catch ups, team days, peer support/mentoring programmes can all be useful here.

■ Encourage people back to the workplace. Incentivise and encourage people to spend at least some time in the workplace interacting with others, even if the majority of their work is carried out at home.

■ Ensure a work/life balance is possible. Encourage everyone to work sensible hours – staff will take cues from how leaders behave. Take full lunch breaks; rest and recuperate after busy periods; avoid working at weekends; take annual leave entitlement. Make sure teams are well resourced in order to make this happen.

If you are feeling lonely, LawCare can help.

We’ve been providing emotional support to legal professionals, support staff and concerned family members for 25 years. You can call our confidential helpline on 0800 279 6888, email us at support@ lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk. We offer free peer support to those working in the law via our network of around 90 peer supporters, all of whom work in or have worked in the law. ■ HAMPSHIRELEGAL | 15

EVENTS

The Annual Dinner – The Hilton Ageas Bowl Thursday 26 May 2022

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ell, the Annual Dinner has now taken place – our first for 3 years and what an occasion it was. We had over 150 attendees, amazing sponsorship from Barclays, Index Property Information and No.18 Chambers allowed for there to be a magician, a photo booth, astonishing photographs from the speaker’s expeditions, a limerick competition and fantastic decorations and atmosphere.

This memorable evening was at the prestigious Hilton at the Ageas Bowl in their Ballroom and we had a sumptuous 3 course meal alongside all the other entertainments and then the presentation of the 2022 Legal Awards and a raffle to raise funds for our charity – Jacksplace.

Jacksplace is the only hospice for young adults in the South of England. It is an environment perfectly suited to their needs and provides the independence, privacy and dignity they deserve. The hospice gives opportunities for the young adults to socialise and relax, whilst their complex medical needs are being met. Jacksplace is linked with Naomi House and between them they provide hospice care for children between 0 and around 30 years of age. It costs £7.2million per year to run the centres and they receive less than 10% of their funding from the Government. Currently they are supporting around 1200 families and so it is with great pleasure that HILS hope to support them this year both in events they are running and in raising money at our own functions.

We were also privileged to have an after dinner speaker: Ann Daniels – a Polar Explorer and Motivational Speaker. She is the first woman in history, along with teammate Caroline Hamilton, to reach the North Pole and the South Pole as members of an all-women team. She is among the very few people in the world who have walked to both the North and South Geographical poles. Her polar expedition career started in 1996. Although she had no previous outdoor experience and was a mother of 18-month-old triplets, she beat off over 200 other women on a tough Dartmoor selection weekend to join the first team of the McVities Penguin Polar Relay. She has led three major scientific expeditions on the Arctic Ocean, working with scientists to better understand the problems facing the fragile Ocean environment and her achievements have been recognised and 16 | HAMPSHIRELEGAL

rewarded by many including: The Guinness Book of Records, The Pride of Britain Awards and The Women of the Year Awards.

Her talk was both inspirational and scary, particularly when detailing her encounters with a polar bear, she was animated and engaging and everyone agreed it was a wonderful finale to the speeches and toasts.

Following the above we had the 2022 Legal Awards. Very well done to all who were nominated and of course our Runners Up and Winners set out below: WINNER Medium Firm of the Year

Phillips Solicitors

RUNNER UP Medium Firm of the Year

Downie & Gadban

WINNER Lawyer of the Year

Jack Gardener, Phillips Solicitors

RUNNER UP Lawyer of the Year

Jessica Measham

WINNER Junior Lawyer of the Year

Annie Hodjat, Dutton Gregory

RUNNER UP Junior Lawyer of the Year

Daniel Norris, Churchers Solicitors

We were extremely lucky to have some very generous raffle prizes donated and we finished on a high with these being drawn. We raised an amazing £822.00 for our charity which Jasper Vincent Solicitors kindly made up to £1,000.00. Index Property Information then thoughtfully donated a further £250.00 so in all we were able to give Jacksplace £1,250.00 from the evening. A brilliant effort by everyone to raise money for a very worthy and local charity for which they were very grateful.

The evening concluded with some relaxed social time and mingling. All in all it was a very well attended and fun evening and we hope that everyone will attend next year and bring all their friend and colleagues. ■

EVENTS

HAMPSHIRELEGAL | 17

XXXXXXXXXXXX

HELP YOUR CLIENT TO PROTECT THEIR INTERESTS, NOW AND IN THE FUTURE Informing homebuyers of the hazards arising from climate change that could affect their future property.

dyedurhamuk.com/about-us 18 | HAMPSHIRELEGAL

ADVERTISEMENT FEATURE

New report helps homebuyers look into the future to better prepare for extreme weather hazards

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ye & Durham’s leading Climate Report provides conveyancers and homebuyers with environmental risk insights up to 2080.

change and more people become engaged and understand how this is likely to affect their property in the future, then they can act accordingly.”

Following its market debut in April, Dye & Durham is celebrating the 1,000th order of its Climate Report, which helps conveyancing professionals inform homebuyers of the hazards arising from climate change – both today and until 2080.

Dye & Durham’s new Climate Report is an industry leader, combining soil erosion data from the team’s award-winning National Ground Risk Model (NGRM), data from Bristol University’s flood experts, Fathom, plus wind climate projections sourced from UK CP18 (Met Office).

The Climate Report aims to help conveyancers protect their clients’ interests by informing homebuyers about their exposure to climate-related hazards both now and well into the future.

The facts: A pproximately 4,000 properties are at substantial risk from coastal erosion across Great Britain, expected to reach 23,000 in the next 80 years.

There will be an increase of over half a million properties at high exposure of soil subsidence between now and the 2080s.

The number of households at substantial risk of flooding in the U.K. is set to rise by 24% over the next 30 years.

36,000 U.K. properties will be exposed to extreme winds by 2070.

Dye & Durham has been delivering climate-related modelling and intelligence to financial institutions and insurers since 2020 to help inform risk assessment and investment criteria.

This includes helping residential property conveyancers and homebuyers assess the impacts of climate change, including flood risk, coastal and soil erosion and extreme winds.

The data enables modelling for individual properties on flood exposure, coastal erosion, extreme wind and soil subsidence that encompasses the next 60 years. The report covers both physical hazards and delves into how extreme climate conditions – like excessive high winds and torrential rainfall – will affect properties over time.

The report incorporates two emission scenarios, a Medium and High Emission Scenario. The Medium Emissions Scenario is equivalent to 2.4°C global warming by 2100s. The High Emissions Scenario is equivalent to 4.3°C global warming by 2100s. Information is presented in a visual report that’s easy to understand and can be passed directly onto the homebuyer.

“Just as mortgage lenders are looking at the impacts of climate change, forward-thinking conveyancers are now choosing to offer this intelligence to homebuyers, giving them hands-on access for their properties to the very insights that lenders are using to inform investment decisions,” Backhouse adds.

The development of the Climate Report has been led by Dye & Durham’s Head of Science, Dr. Tim Farewell, one of the U.K.’s leading academics on the interaction between geohazards and the built environment, and in collaboration with expert geologists, geospatial data experts and law firm customers.

“As an organisation, we are committed to presenting best-inclass data in a clear, concise way for all parties involved in property transactions to enable homebuyers to make informed decisions not just in the short term but for many years to come.

By helping them understand their future exposure to the hazards posed by our changing climate, resilience to these growing threats can be increased.”

“In conveyancing, there is a tendency to look backwards to determine risk levels. It’s time to start using insight and data to look forward,” says Tom Backhouse, Dye & Durham’s Director of Insight & Data. “If we can increase awareness of climate

The new Climate Report is available now through Dye & Durham and leading resellers. To learn more or to obtain a free sample Climate Report, email Insight-sales@dyedurham.com or visit https://dyedurham.com/insight-data-risks/.

HAMPSHIRELEGAL | 19

ARTICLE

National insurance contributions increase – what does it mean for you?

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n his Spring Statement on 23rd March, Rishi Sunak confirmed that the government will press ahead with its decision to use National Insurance Contributions (NICs) as a tax to help raise £36bn to fund the costs of the NHS, health and social care, referred to as the ‘Health and Social Care Levy’. Under the change, employers and employees will each be taxed an additional 1.25 percentage points. The rule change will come into effect on 6 April 2022, at the start of the new tax year.

However, it was also announced that the annual National Insurance Primary Threshold and Lower Profits Limit will increase from £9,880 to £12,570, aligning it with the income tax personal allowance from July, being the earliest date that will allow all payroll software developers and employers to update their systems and implement changes. The government argues that a typical employee will now be saving over £330 in the year from July and about 70% of NICs payers will pay less NICs, even after accounting for the introduction of the Levy.

These measures come at a time when businesses and employees are struggling with ongoing rises in the cost of living, an energy costs crisis and projected increases in inflation to above 10% in the next three months.

Employers and employees currently pay Class 1 National Insurance; based on how much an employee earns. The rate is 13.8% for employers, while employees pay 12% of their earnings, up to £50,000 a year. Anything earned over this amount is taxed at 2%.

March’s addition An additional layer has been added which means the thresholds for paying National Insurance Contributions have increased from £9,880 to £12,570. It is thought that 70 per cent of people will pay less NI in July 2022 than they did in March 2022. That means that anyone earning around £37,000 or less may not feel the pinch from the hated NI increase from July onwards, but the top-earning third of workers will pay more.

What might the long-term effects be?

As an employer, looking ahead, you may need to cut back on other spending to fund the change and the new rules could impact employee benefits. This could lead to difficulties in recruitment and retention.

Employers will have to contend with issues around staff retention and a national shortage of labour, coupled with the implications of Brexit and right to work checks which make employing nonUK passport holders increasingly complex.

Taking into account that it is not just employees who pay National Insurance but also employers, this tax increase could be translated into the form of lower wages or higher prices that may not be sustainable for small businesses in the long term. SMEs generate 50% of GDP and 60% of private sector employment; the economic recovery relies on small business to bounce back. Timing is everything and an immediate rise could dampen down the recovery.

THE NEW RULES EXPLAINED

HOW CAN YOU PREPARE FOR THE CHANGE?

The 1.25 % increase by itself As every business knows, National Insurance Contribution is a tax paid by employers and employees on earnings. It is automatically deducted from workers’ pay via the pay as you earn (PAYE) tax code and goes straight to HM Revenues and Customs (HMRC).

Review remuneration and consider communications SMEs should review their remuneration packages in light of these proposed changes and look for ways to minimise the effects of the proposed cost increases. It may be that the changes only affect most of your employees negatively for two months.

20 | HAMPSHIRELEGAL

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Are you going to leave pay as it stands with the effect that your employee will receive less pay after tax or can you increase pay or pay a bonus to cover the loss?

You may want to explain to employees that their take home pay may be less as a result of the change and then it may improve in July. Otherwise you may have to field a lot of queries on pay day in April.

Accounting One of the most important ways to prepare for any change is to make sure you have a strong understanding of your current financial position, working out what the additional cost to your business will be.

If the costs are going to be significant, you could consider passing the costs on to your customers by increasing prices.

Keep an eye on what your suppliers are going to do too as they may be passing the costs on to you.

Look at ways of reducing other costs Flexible working policies give employers an opportunity to reduce building overheads and have the advantage of allowing employees to reduce their commuting costs. Those who commute by car will be grateful for the saving in fuel costs and time and others commuting by train will get welcome respite from the everincreasing ticket prices and occasionally unreliable service.

During Covid-19 lockdowns, working from home has in many instances become the norm and these can harvest the rewards by using hybrid working policies to get the best of both worlds for employers and employees. ■

Jacqueline Kendal Phillips

Re-examine your employer pension contribution Salary sacrifice schemes effectively cut salary and paying money into, for example, a pension, which is free of both income tax and national insurance might be an option.

If you offer your employees a salary sacrifice scheme for pension contributions, then they may choose to reduce their National Insurance bill by accepting a reduction in salary and asking you to pay the difference directly into their pension. It depends on their finances, but this is a good way to reduce the amount both you and your employee pays on national insurance.

How Legal Workflow Automation Can Improve Your Firm’s Operations

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egal administrative work is crucial to running a successful firm, but it’s something law firms can struggle with. For many law firm staff, the processes at their firm make admin time-consuming and tedious and can pull their focus from building the firm. That’s where task and workflow automation comes in.

According to Clio’s 2020 Legal Trends Report, 84% of legal professionals believe they could better serve their clients by automating more aspects of their firm’s operations. We also found that firms using a combination of legal technology collected an average of $19,541 (£14,334 at the time of writing) more per lawyer than those that did not use legal workflow automation.

Let’s look at three legal workflow automation tools that can save your firm hours:

simply have to start and stop a timer to record how long they spend on any one particular case or matter. From there, they can create detailed (and accurate) time and expense reports in minutes, which can save hours for fee-earners and those responsible for collating and billing for time.

3. Issuing Bills Speaking of billing, legal workflow automation can be a huge boon for legal firms here, too. Instead of manually collecting and applying the information needed to client invoices, automating the process can cut hours from end-of-month billing cycles. If you use software that syncs to your accounting system (Clio, for example, integrates with Xero, QuickBooks Online, Klyant, and Cashroom), you can save even more time and admin work on your processes.

1. Document Automation and Management Creating new documents from scratch can eat up a lot of law firm time. Document automation makes it easier for lawyers and other law firm staff to create new documents from existing templates, reduces the time to create a first draft, and speeds up contracting and communication processes.

By automating what can be automated, law firm staff can spend more time on high-value tasks. If you’re seeking to maintain a competitive edge in a crowded market, embracing legal workflow automation could be the exact thing you need to take your law firm to that next level.

2. Time Recording Time recording can often fall to the bottom of to-do lists—and items can get missed. With legal time recording software, users

To see how Clio helps with workflow automation, see clio.com/ uk/hampshire-home or, Hampshire Legal readers can take advantage of a 7-day free trial clio.com/uk/hampshire-free. ■ HAMPSHIRELEGAL | 21

ADVERTISEMENT FEATURE

Time to look at the “big picture” DISCOVERING THE EMOTIONAL BENEFITS OF FINANCIAL ADVICE No two individuals share the same goals or ambitions. Each person is unique, with their own needs, targets and budgets.

So when it comes to managing your money, building wealth, securing your future and, above all else, drawing up an effective plan for fulfilling your investment objectives, professional financial advice should be tailored to your unique specific needs.

FEELING LESS ANXIOUS Having access to financial advice is strongly linked to feeling more secure and less anxious about money. According to the survey, around 3 in 5 people who have received financial advice report that they feel financially more secure and stable, compared with under half of those who have not received any advice.

Only 1 in 3 people who have received financial advice report feeling anxious about their household finances, compared with over 40% of those who haven’t.

FEELING MORE CONFIDENT One of the key practical benefits of financial advice is that it gives you access to expertise on topics that are complex.

This provides you with more confidence and increased peace of mind. People who have received financial advice report feeling three times more confident about their understanding of financial matters and products than those who haven’t.

For example, areas that some people find confusing concern retirement planning and understanding their life insurance and critical illness options. Among those who have not received advice, around 1 in 4 people say they would not know where to start when it comes to the different options available to them.

Among those who received advice, that number is fewer than 1 in 12.

FEELING ABLE TO COPE IN A CRISIS The COVID-19 pandemic has left many people feeling less stable in their financial situation. 35% of those who have not received financial advice report feeling anxious about their finances, while 65% see the value in being more prepared for unpredictable events in life.

Financial advice helps you prepare, plan and navigate any future shocks or crisis. And while you can experience the benefits of advice after just one meeting, it’s essential to receive ongoing advice over the long term as your situation and life goals change. This means your adviser gets to know you and 22 | HAMPSHIRELEGAL

Steven Vallery your background, and can help you adjust to whatever life has in store. Those people who have an ongoing relationship and receive regular financial advice are twice as likely to report feeling in control of their finances as people who do not. ■

Steven Vallery

Managing Director S4 Financial Limited hello@s4financial.co.uk

ARTICLE

No Fault Divorce D

id you know that on 6th April 2022 the law relating to divorce was updated? Fault will no longer be a basis for divorce and this marks the biggest change to the divorce law since the Matrimonial Causes Act 1973. The aim is to achieve an easier process, and that it will encourage divorcing couples to maintain a more amicable relationship, especially for their children.

Reasons for a divorce Previously, to apply for a divorce an applicant would have to prove that the marriage has irretrievably broken down by relying on one of five grounds. The five grounds were unreasonable behaviour, adultery, being separated for more than two years (with agreement), being separated for more than five years (without agreement) or desertion. An application for divorce will no longer need to rely on one of the five grounds and instead the applicant must only provide a statement confirming that the marriage has irretrievably broken down. As the most common ground cited for a divorce previously was unreasonable behaviour, it is hoped that the avoidance of blame will allow couples to work together throughout the process.

Contesting a divorce As an application for a divorce will no longer be based on fault, the reasons for an application can no longer be contested. This should make the application process less stressful for those applying and, given that the divorce is one of the most stressful life events, this is a very positive change. A spouse will still be able to contest an application for a divorce on the grounds of the validity of the marriage.

before applying for a Final Order (previously known as a Decree Absolute). As a result, couples should expect to wait a minimum of 6 months after an application is made before the divorce can be made final. In exceptional circumstances, the courts will have the power to expedite the process. Given that this is a long process, it is important to take legal advice early and to ensure that the financial aspects are settled at the right point. The rules for serving a respondent have also been updated and it is important to comply with these.

We are here to help For many years, Resolution has campaigned for no fault divorce. As a member of Resolution, Elizabeth Taylor, a solicitor and accredited family mediator, is particularly pleased that this has been introduced and recognises the positive impact that this will have on the welfare of the whole family.

Disclaimer This article is current at the date of publication set out above and is for reference purposes only. It does not constitute legal advice and should not be relied on as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action. ■

Elizabeth Taylor Phillips

Joint applications Previously, only one spouse could apply for a divorce. Under the new divorce law, an application can be submitted solely or jointly.

This should encourage couples to continue to work collaboratively, which is especially important if children are involved.

Timescale After applying for a divorce, couples will now be required to wait a minimum of 20 weeks before gaining a Conditional Order (previously known as a Decree Nisi), and a further 6 weeks HAMPSHIRELEGAL | 23

JUNIOR LAWYERS DIVISION

Following our successful cocktail master class, the South Hampshire Junior Lawyers are excited to confirm three future events coming soon! Details below: 9 June 2022: Skybar Summer Drinks Sponsored by College Chambers ■R evolution roof top bar Southampton (28A Bedford Pl, Southampton SO15 2DB), Arrival from 6:30pm; ■P rice: Free to members, £5.00 for non-members; ■F ree drinks and canapes for attendees; ■R SVP by emailing committee.shjld@gmail.com or online at www.shjld.co.uk.

1 July 2022: Summer Party We are pleased to confirm our summer party will be held at Kutis Brasserie in the chandelier bar and waterfront view terrace for which details will follow in due course. Make sure you save the date!

If you would like to be added to our mailing list to be kept up to date on future events, you can contact us via our website or email us at: committee.shjld@gmail.com). ■ 24 | HAMPSHIRELEGAL

ARTICLE

W

e often like to think of ourselves as invincible. A lot of the time we are. I am constantly amazed by what business owners manage to achieve whilst also balancing the never-ending challenges of running a business.

Sadly, sometimes life events can bring a halt to our best laid plans. I recently helped a family friend through a very difficult situation which I wanted to share so that you can ensure you have the relevant plans in place for you, your business and your family.

Background My family friend was happily married with three children. Her husband was a one third shareholder in a professional service company. He was in his early 40s and was diagnosed with terminal cancer. Very sadly, he died six months later.

I became involved, after his death, and it was clear that little planning (which was not that unsurprising given his age) had been put in place. This left his wife and children in a difficult situation.

There was no life insurance in place, and by the time he received his diagnosis, it was too late to get any insurance in place. There was also no provision in any of the company’s constitutional documents as to what happened with the shares.

As a result, my contact was left with a large mortgage to pay, three children to support and minimal income as she, at the time, was retraining.

Given that most business owners are growing their business ultimately for their family’s benefit, I wanted to set out some of the points which you may want to consider.

1. Set out a clear process in the articles of association or shareholders’ agreement as to what will happen on the death of a shareholder 2. Consider whether a cross option agreement may be suitable for your business model 3. Ensure you have adequate life assurance in place for you and your spouse/ civil partner 4. Make sure you have a Will in place and that it is up to date 5. Consider having a lasting power of attorney for both financial and health matters 6. Consider what the effect on your business would be if you were unable to work for a prolonged period or were to die I highly recommend that you do spend to time to consider these points and discuss them with your fellow shareholders and family. ■

Planning for worse case scenario

Jack Gardener Phillips

HAMPSHIRELEGAL | 25

CHARITY

Charity scheme calls on Hampshire solicitors to support humanitarian efforts

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national charity willwriting scheme is once again looking for help as it looks to support demand for humanitarian efforts in the UK and around the world.

Charities are facing another difficult year arising from the cost-of-living crisis and the war in Ukraine, with services already stretched to the limit to meet increasing demand.

Running every November, Will Aid supports nine of the UK’s most-loved charities thanks to the generous support of its partner law firms, who waive fees in return for a voluntary donation to Will Aid. The charity scheme has so far raised more than £22million for ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF and Trocaire since its launch in 1988.

Peter de Vena Franks, campaign director for Will Aid, said: “Charities have faced an incredibly turbulent time in the wake of the coronavirus pandemic, and their services continue to be desperately needed.

“Solicitors across the UK helped our charities immensely during last year’s campaign, raising hundreds of thousands of pounds to support good causes.

26 | HAMPSHIRELEGAL

“Donating your time to Will Aid directly helps improve the lives of vulnerable people in the UK and around the world and highlights your firm’s commitment to community.

“We have seen thousands of enquiries from people in the South East and it would be fantastic to see more firms from Hampshire sign up and help transform the lives of those in need.”

The suggested donation for people using a Will Aid solicitor is £100 for a basic will, or £180 for a pair of mirror wills.

All solicitors who sign up to Will Aid are supported by its awardwinning PR team, who are on hand to help promote law firms’ involvement with the local and national press to drive new clients – many of whom return for additional services on top of their basic will.

Celebrity supporters of the campaign include TV show host Graham Norton, Academy Award-winning actress Dame Judi Dench and ITV journalist Robert Peston, while the campaign has regularly been highlighted by financial guru Martin Lewis.

To sign up to Will Aid 2022 or express you interest, visit via Will Aid’s website, or contact the team directly, who will be happy to answer your questions. ■ www.willaid.org.uk/solicitors 0300 0300 013

CHARITY

Preparing for a better future with the Big Report A

s we emerge from the pandemic, with the knockon economic and personal effects still very much in evidence, The Solicitors’ Charity has been pleased to publish its Support for Solicitors: Big Report for 2021.

Some fascinating trends and statistics emerged from the report’s overview of the support we provided for solicitors in England and Wales during times of need or hardship last year.

A total £1,024,218 was awarded by The Solicitors’ Charity in support of clients last year and the Big Report reveals where this money went and who it helped.

It shows that the charity’s support has become more tailored to the individual client, with 34% being spent on one-off awards, alongside the daily living allowances that we provide and the support from our partners that we fund. These focussed awards can make a huge difference to our clients’ lives. Among the one-off help, we have purchased such things as specialised wheelchairs, physio equipment, domestic boilers and other household essentials.

We work closely with expert partner organisations to make sure solicitors get the support that they need. In 2021, the funding we provided to LawCare www.lawcare.org.uk helped them support 342 solicitors with their mental health and wellbeing.

Another 17 solicitors in need of career counselling were referred to Renovo www.renovo.uk.com and 43 clients were given financial and debt advice.

The Big Report’s findings show that for the first time in five years, more men asked for support than women – 54% of the new clients we helped in 2021 were male. This is encouraging in a year when we will be supporting partners as they encourage more men in the profession to speak up about their mental health.

Alongside the awards we make, our experienced and skilled casework team are there to listen and support clients, signposting them to other sources of help where that is necessary.

I take heart that The Solicitors’ Charity has provided help for solicitors in need of support through difficult times. We have learnt a great deal in the last few years and will reflect on what that means for how we do more for more people as we carry out a strategic review in 2022.

Of course, we couldn’t do any of this without the extraordinary support we receive from law firms who share their unclaimed client balances with us. If your firm could also donate unclaimed balances please click here for more information.

And remember, we are just a call away should you, or any of your colleagues, need us. If you need financial, emotional or practical support, just call 020 8772 1733 or visit our website to get help. ■

Nick Gallagher

CEO, The Solicitors’ Charity

More people under the age of 60 (7 in 10 of new applicants) were supported by The Solicitors’ Charity in 2021 compared to 2020, and last year also saw the majority of new clients (54%) identify as Asian, black or from another minority ethnic group. I believe this is a result of our efforts to reach ever more diverse audiences.

HAMPSHIRELEGAL | 27

BOOK REVIEW

Simple Contract Law

Articles of Association

Stripping English Law of Complexity

Guidance and Precedents

I

n his new book, WatsonGandy has bravely done a complete about-turn on traditional dusty textbooks, writing an illustrated guide to English contract law that is fun to read, entertaining and succinct.

Synopsis of Simple Contract Law: A brief introduction to English Contract Law:

This book provides an essential introduction to English contract law. Written by practising barrister and law professor, Mark WatsonGandy, whose infectious enthusiasm for the subject permeates the text, the book simply explains all the core concepts and leading cases and what the most common terms and conditions actually do. Whether you are a law student, businessman or an international lawyer, you will find “Simple Contract Law” to be an easy-to-read, concise, and informative first guide into the subject. Enlivened by the colourful back stories to the case law and with witty illustrations by Gordon Collett, this book is a welcome antidote to stale traditional contract law textbooks.

“People don’t realise quite how important English contract law is for us all. English contract law has long been the preferred choice of law for international contracts – often even where the parties or transaction has no connection to the UK. The UK legal services industry is worth £60 billion to the UK economy; the UK legal services market is the largest in Europe and second only globally to the USA. Three quarters of those using London’s commercial courts during litigation come from outside of the UK” explains the author. “I wanted to write something which would cut through the complexity, to give an accessible overview of the law. A quick and easy-to-read guide like this is long overdue.”

Simple Contract Law: A brief introduction to English Contract Law is available now for £9.95 on Amazon: https://amzn.to/3kbb6Q4. ■ Professor Mark Watson-Gandy K.S.G is a practising barrister at Three Stone Chambers in Lincoln’s Inn and has appeared in high-profile cases in the UK and abroad. He is a Visiting Professor at the University of Westminster and at the University of Lorraine in France. He was made a Knight of the Order of St Gregory the Great in recognition of his work as a barrister and law professor in 2007. In 2020, he was appointed as one of the UK Ministry of Justice’s “Legal Services are Great Champions” to promote English legal services internationally.

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s the author, Richard Bishop, says in his introduction, “the development of modern company law and the ability for ordinary people to incorporate a company was driven by the industrial revolution” from the 1840s.

Practitioners have all come a long way since then, care of massive statutory provisions. Today, nearly four million companies incorporated in the UK allow their constitution or company rule book to be dictated by the standard Articles of Association.

This new book from Bloomsbury Professional Law has been constructed “to aid professional advisers, directors and shareholders make better decisions about any company’s constitution.” We were most impressed with the way in which the book is structured to follow the articles logically with useful examples in a blocked format to make the points stand out.

Depending on what you might be looking for, the author reviews the following areas: the background to the articles of association, the Company Law Act 2006, business structures and their needs; reviews of the case law (without too many cases cited) and the implications for amending the articles of association; a detailed analysis of the default articles of association proscribed in The Companies (Model Articles) Regulations 2008 Table A; and a practical guide to drafting articles of association, real life examples and discussions on why companies should adapt Table A to suit specific company requirements.

One splendid innovation which is becoming commonplace now is the facility to download precedents with instructions set out at the beginning of the work. There is also a licence agreement which is relatively straightforward to follow. The facility dispenses with the CD which has become obsolete for many new laptops by using the website to download what you may need for your practice. In the book, the precedents start from page 261 onwards which is approximately half-way through the book.

We are confident that solicitors and accountants are presented here with the tools they need to offer sound advice to their clients on how articles may impact on the company. The key remains with what the author calls “clever drafting” on how the constitution of a company can be amended to provide clear provisions to suit its strategic position. It will always depend on the specific needs of the client, and these needs are well catered for in this book.

And for those clients who may wish to consider changing the constitution of their own company, Richard Bishop’s book is full of practical examples. He covers the do’s and don’ts of drafting very pragmatically, and offers illustrations and full procedures for trustees, family investment and property companies providing guidelines for minority shareholders, investors, and directors.

Indeed, it is a superior work which gets the right balance between detail and the practical requirements of the client. ■

BOOK REVIEW

Housing Possession Duty Desk ‘The practical guide that is so much more’ – an essential purchase for post-pandemic Britain Housing Possession Duty Desk – A Practical Guide By Simon Mullings and Sue James. An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator.

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ousing repossession is quite obviously one of the prime causes of homelessness, the human consequences of which are not only horrific, but also – ironically enough – very expensive, particularly for local authorities in ways that are too numerous and complex to be listed here.

Housing law, predictably, is a continually evolving discipline which, for advisers in this area, has become increasingly complex. Fortunately, the Legal Action Group (LAG), the access to justice charity, has come to the rescue – particularly of those threatened with repossession – with clear and authoritative texts on the subject, the best known of which is ‘Defending Possession Proceedings’, which has become the definitive guide to this area of law.

But for those who provide beleaguered tenants or mortgagees with timely and pertinent advice – under strained circumstances and in a large hurry (like 20 minutes before a hearing) – LAG has produced a new title: ‘Housing Possession Duty Desk’, supported by Therium Access.

This new and certainly indispensable guide is aimed at ‘those on the frontline of defending possession proceedings’, namely duty advisers, whether new or experienced, who are ‘faced with the challenge of keeping a roof over peoples’ heads,’ usually at the very door of the court.

The publication of this book is undeniably timely in the time of pandemic and its aftermath, when threats of repossession are reaching record levels. Writing in the foreword, Knowles J points out that ‘there are many, many thousands of possession cases,’ adding that ‘It is too easy to create a conveyor belt, to base assumptions on inferences.’

‘In a fairer system’, write authors Sue James and Simon Mullings, ‘this book might not need to exist.’ In the meantime, tenants and borrowers need help, which is amply provided with erudition and precision in this book, which – in the words of Knowles J – is so much more than a practical guide.

Rather, it is an essential reference, not only for duty advisers, but barristers, solicitors, legal professionals and indeed anyone representing a tenant or mortgagee facing repossession in these difficult times. ■ Legal Action Group – The access to justice charity www.lag.org.uk

Family Law leaves the EU A summary guide for Practitioners

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n appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator.

This new guide from the Family Law imprint of LexisNexis is most welcome at a time when so much confusion reigns in the world caused by the coronavirus pandemic. Any practitioner who is faced with trying to understand where we will be with family law matters on leaving the European Union on the last day of 2020 will be relieved to read this innovative sort work from Professor David Hodson OBE. We welcome the important additional section on public child law written by Maria Murphy for those specialists involved with local authorities.

We feel that this short paperback will be highly relevant to all family law practitioners as a quick accessible guide to the law and practice which will apply on the UK’s final departure from the EU on 31 December 2020. The government has indicated that the UK will not be party to any further EU laws from January 2021, instead relying on existing international laws such as the Hague Convention, to which we will be a party in our own right.

There will also be new provisions to cover issues of national law, where previously EU law existed. Inevitably, some court procedures will need to change once the final break with Europe has taken place. This invaluable title gives us an overview of the legal position and the practical issues which are judged to arise in all areas of family law, including the preparatory steps which lawyers should take in readiness for departure, to advise clients as effectively as possible in the future.

The key topics cover the main substantive family law areas depending on what you are looking for: the governing laws; divorce; financial aspects including remedies; the Hague Convention 2007; the Lugano Convention; private children law; public children law; domestic violence; the service and the taking of evidence, Alternative Dispute Resolution (ADR), and legal aid; and potential areas of EU/UK future co-operation in the post-Brexit era.

When we woke up early on that morning of Friday 24th June 2016, many of us were looking at a most uncertain future.

Hodson’s “Family Law Leaves the EU” bridges an important gap for family law practitioners as we grapple with the post Brexit era whilst fighting a world pandemic. Thank you.

Family Law leaves the EU: A summary guide for Practitioners is available now from www.lexisnexis.co.uk. ■

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