Hampshire Legal, Hampshire Law Society March 2020

HAMPSHIRE

LEGAL The Official Journal of THE HAMPSHIRE LAW SOCIETY

MARCH 2020

James Gleisner President Hampshire Law Society

Hampshire Law Society Dinner & Awards 2020 Professional Negligence

Inside this issue:

■ Education ■ Happenings in Hampshire ■ Well-being

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Contents 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

Page 05

05 President’s Review 08 HLS Contacts

ADVERTISING & FEATURES EDITOR Anna Woodhams DESIGN & PRODUCTION MANAGER Lee Finney

09 Happenings in

ACCOUNTS DIRECTOR Joanne Casey

Hampshire

MEDIA No. 1701

Page 11

PUBLISHED FEBRUARY 2020 © Benham Publishing Ltd. 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.

12 CPD – Training 13 SHJLD Committee 14 HLS Annual Quiz

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

Page 18

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.

16 Membership 18 Well-being

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

24 Hampshire Legal

COVER INFORMATION James Gleisner, President, Hampshire Law Society.

Awards 2020

Page 31

25 HLS Annual Dinner & Awards 2020

Copy Deadlines Spring Summer Autumn

31 Education

18th April 2020 2nd August 2020 31st October 2020

42 Notices

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/

HAMPSHIRE LEGAL 3

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Introduction

President’s Review March 2020

I

am excited to take the helm of Hampshire Law Society for 2020 and hope that I can build on the good work done by the past President.

I must start by thanking my predecessor, Joe Robertson, for his work and efforts this past year and I wish him well in his future endeavours, which include becoming a rising star in the political landscape. Best of luck for all going forward Joe. I cannot believe that I have already been President for just shy of two months, how time flies. The first couple of months as President have already been busy. Finalising the business plan with the assistance of Mo Aldridge, Vice President, and Ian Robinson, Secretary, was at the top of the agenda and I am pleased to say that the same has been passed to the committee for approval. Once this is signed off then Hampshire Law Society will have a defined path going forward for the next three years which I believe in strongly and I have confidence will be for the benefit of our local profession.

The legal landscape is an ever changing area and so with it Hampshire Law Society also has to change and adapt to be able to meet the needs of our members and remain a relevant and useful tool and aid for those that we represent. Whether it is making sure that any of our educational seminars are relevant and on topics which are important for the profession to holding events which will bring members face-to-face with other professions with whom they wish to connect, there are exciting times ahead. Who can also forget our annual quiz which will be upon us shortly and the annual dinner in June (more on this shortly!).

Steps have been taken as well to engage with the future of the profession in Hampshire. The local Universities have been contacted to see how Hampshire Law Society can facilitate and assist in bringing the young lawyers of the future into the profession. Whether this is by being a central hub for work experience and training contracts to be advertised; to putting on workshops where students will get to ask questions of those in the profession. This is something that I feel is important to ensure that Hampshire retains its brightest young stars of the future and that we give them all the assistance we can for them to enter into an exciting career as best prepared as they can be.

We maybe asking our members for their input and assistance in this regard going forward so keep your eyes peeled.

As part of my role I will also have the pleasure of attending some of our neighbouring local law society events and dinners.

This in itself is important to maintain relationships within the profession but also to share ideas as to what works in other areas and whether there is anything that other local law societies are doing that we are not and should consider, all for the benefit of our members.

On the topic of dinners, the Hampshire Law Society annual dinner, which is always a fantastic event, is on 4 June. A fantastic speaker has been lined up in Mark “Billie” Billingham who is a former SAS soldier and bodyguard to the stars.

Those of you who watch SAS Who Dares Wins will recognise Billie from the show and note his uncompromising ways. I am sure the stories he will have to tell will be captivating for all attending. The awards also make up an important part of the evening and I think it is important to celebrate just how good the legal profession is in Hampshire. I therefore urge everyone to consider whether there is anyone they can nominate for the awards in their firm or nominate the firm they work for. I will leave that there as further information regarding the dinner and awards will be advertised. See pages 24 & 25.

Finally, the year ahead promises to be an interesting one for the legal landscape, not only for Hampshire but nationally as to what the law in England and Wales will look like in a post Brexit world. I am writing this review maybe quite aptly, on the 31 January, the day we leave the EU and embark on a future which we will have to embrace without hesitation and fear. Change is inevitable, it is how you deal with it that will define your future. ■

James Gleisner

President, Hampshire Law Society

HAMPSHIRE LEGAL 5

President’s Review

An interview with the President of Hampshire Law Society – James Gleisner What prompted you to enter the law as a profession?

My initial career path was going to be in sports physiotherapy. At the age of 16 I really didn’t want to work for the NHS so looked for alternative career paths, of which law won.

his book and how he describes what he went through in his life, followed by the adversity he then faced when he left the special forces is truly an eye opener.

He is a local Hampshire guy as well which helps!

What person (if any) inspired you to become a lawyer?

What do you like to do in your spare time?

I cannot say I was inspired by any one person, certainly no one famous. I would probably put it down to my tutor at college and my lecturers whilst at University.

Mainly sports, watching or participating. I am a Southampton FC fan and a Houston Texans fan for those interested in American football.

What are the biggest professional challenges we are all going to face in the next 12 months?

I also go fishing and am captain of the St Cross cricket club men’s fifth team based in Winchester.

The law changes year on year in one way or another. One of the biggest challenges however, dare I say it, will be Brexit and how the current EU law that we have been governed by for many years is instilled into English and Welsh law going forward and whether some EU law is just abandoned.

Outside of sport reading, films and travelling.

On top of that you have the implementation of the new SQE course for people to qualify as a solicitor that will change the landscape of the legal industry.

What prompted you to become President?

A small amount of peer pressure from those on the committee!!

But primarily I would say the desire to try and change the perception and usefulness of the Society.

What is the one main issue you want to tackle during your tenure?

We have a fantastic legal industry in Hampshire that Hampshire Law Society should be able to represent better than we already do. Therefore engagement within the profession in Hampshire, whether individual lawyers or larger law firms to ensure that we work for our members and represent the industry as best as we can.

I am open to suggestions from any members reading this as to anything they would like us to consider as a change!

What are you most looking forward to in your role of President?

Representing the profession in Hampshire to other local law societies and gaining ideas from my peers in neighbouring counties as to what works for them Which public figure do you most admire and why?

This is a difficult question as there are more than one. However I would have to say someone like Ant Middleton, or anyone in our armed and special forces. To do what they do to keep us safe is always inspirational. Ant specifically because I have read

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What book did you last read?

I have just finished reading Broken Homes by Ben Aaronovitch.

It is the fourth book in a series of about eight at the moment, a series I would highly recommend.

What is your favourite film?

Top Gun. I am massively looking forward to the second one which is coming out this year!

What football team do you support?

Southampton FC (as above).

What three items would you have on your desert island?

As long as there was power on the island it would be my Xbox, TV (for the Xbox) and probably a good book or two. It might be a nice idea to get away from my phone and social media for a while!

What would you say to a youngster today, who was considering joining the legal profession?

Don’t! I am joking of course, I think the legal profession is a good one to work in, especially if you find the right firm or role in-house for you. I would just say explore all options open to you to get into the profession, I am a Legal Executive myself and this was a route unknown to me before I was in practice. Therefore explore, research and choose the right path and area of law for you. ■

President’s Review

President’s charity of the year

J

ames Gleisner, President, is delighted to announce that the president’s charity for 2020 is the Countess Mountbatten Hospice in West End, Southampton.

Countess Mountbatten Hospice supports people with life-limiting illnesses and their families. They serve the communities of Southampton and large parts of Hampshire including Eastleigh, Romsey, Winchester and the surrounding areas offering a wide range of services, providing physical, emotional, social, psychological and spiritual support. Their aim is to make sure patients and their families have access to skilled, compassionate and sensitive care in a place of their choice. Each year it costs over £6 million to provide this vital service. They receive a limited amount of NHS funding, so much of the cost of providing services each year is met through donations and voluntary funding.

On the website there are details of some of their fundraising activity for 2020. If you fancy running the Southampton Marathon and don’t have a place contact the hospice. The fundraising target is £250 for the full marathon https://cmhcharity.org.uk/events/ southampton-half-marathon-10k-run/ To learn more you can contact Rachel Rawlings on rachel.rawlings@ mountbatten.org.uk and phone number 023 8254 8805. If you would like to hold an event with the support of Hampshire Law Society to benefit this charity please contact Nicola on administration@hampshirelawsociety.co.uk ■

Law Society Diversity Access Scheme & Committees The Law Society Diversity Access Scheme re-opened Monday 17 February 2020. The award covers LPC funding, mentoring and work experience in a legal setting. 10 students receive the award. Please see link for further information: https://www.lawsociety.org.uk/law-careers/equality-and-diversity/diversity-access-scheme/ If you would like to provide funding, mentoring or work experience for a student, please email diversityaccessscheme@lawsociety.org.uk

Join our divisions My Law Society Create a free “My Law Society” account here: https://www.lawsociety.org.uk/log-in/ 1. Once you are in your My Law Society personal homepage click on ‘Special interests’ for Diversity and inclusion.

2. Click on ‘Diversity and Inclusion Divisions’ to select the Women’s Lawyers Division, Ethnic Minority Lawyers Division, LGBT+ Lawyers Division and Lawyers with Disabilities Division.

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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 James Gleisner Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: james.gleisner@trethowans.com Deputy President Mo Aldridge Jasper Vincent 44 Queensway, Southampton SO14 3GT Tel: 023 8063 3225 Email: maldridge@jaspervincent.com Deputy Vice President Toom Mitchell Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: tom.mitchell@trethowans.com Honorary Secretary Ian Robinson 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

Business Development Officer Alison Plenderleith Tel: 07429 523183 Email: bdo@hampshirelawsociety.co.uk Law Society Council Members Nick Gurney-Champion (Hampshire & Isle of Wight) Biscoes 67 Union Street, Ryde, Isle of Wight PO33 2LN Tel: 01983 615615 Email: ngc@biscoes-law.co.uk Razi Shah (North Hampshire) Appleby Shaw Trinity House, 15a Trinity Place, Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com

Non Contentious Matthew Robbins Simon Whipple Nick Gurney-Champion Publicity Mo Aldridge (Chair) maldridge@jaspervincent.com Kristina Colmer Alison Plenderleith Nicola Jennings Regulatory Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson

Administrator Nicola Jennings Tel: 023 8044 7022 Fax: 023 8044 7022 Email: administration@ hampshirelawsociety.co.uk

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

Complaints Mo Aldridge maldridge@jaspervincent.com

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

Honorary Treasurer Tom Mitchell Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: tom.mitchell@trethowans.com

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

Immediate Past President Joe Robertson Email: jrobertson2006@hotmail.co.uk

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

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Membership Roderick Hursthouse Alison Plenderleith

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

Happenings in Hampshire

Churchers News D

ue to Churchers’ continued growth and development, a new role in the Court of Protection team was created in July 2019. Aliesha Lasisi-Saveall joined the COP team as a Legal Assistant to assist with the increased work-load.

Glanvilles LLP have signed the Armed Forces Covenant!

A

t Glanvilles Solicitors we understand the challenges faced by Armed Forces Personnel and their families.

As a result, on 21st January 2020 Glanvilles signed the Armed Forces Covenant Pledge committing to honour the Armed Forces Covenant and support the Armed Forces Community.

Glanvilles have signed the covenant pledge to demonstrate that together we acknowledge and understand that those who serve or who have served in the armed forces, and their families, should be treated with fairness and respect in the communities, economy and society they serve with their lives. As a firm with many colleagues connected to the armed forces community, we wanted to demonstrate our support and very excited to announce our pledge to the Armed Forces Covenant.

In our Conveyancing, Private Client and Family departments, we offer a 10% military discount. In our Conveyancing department we specialise in Forces Help to Buy. Our goal is to assist and understand where possible the challenging roles, environment and commitment our armed forces and their families can face. ■

Jasper Vincent Solicitors – Make A Will Winner

J

asper Vincent Solicitors is extremely proud to have been nominated for the Countess Mountbatten Top Fundraiser Award in the Make a Will Month. Out of the 14 firms that took part in the scheme, 6 were nominated for this award and so we are even prouder to have been announced as the Winner at the Countess Mountbatten Awards Evening on 30 January 2020.

Aliesha Lasisi-Saveall – Legal Assistant to the COP team: “I was welcomed and made to feel like part of the team from the outset. My supervisor Lauren and my mentor Alanna have extensive expertise in Court of Protection matters so I am able to gain invaluable knowledge and experience every day.”

In addition to continued growth, Churchers have been supporting two trainee solicitors in their journey into the world of law.

Eliza Watts – Trainee Solicitor: “I am now four months into my Training Contract and thoroughly enjoying my seat in the matrimonial department. I am taking full advantage of all of the opportunities my team are offering me and I have learnt that there are far more complexities to consider in matrimonial law than I first envisaged. I find this area of law fascinating and the variety of work is really keeping me on my toes. I am particularly enjoying regular attendance in Court, sitting behind Counsel, and being able to have an input into all aspects of a matter to achieve the best possible outcome for our clients.”

Alys Taylor – Trainee Solicitor: “Starting my training contract was a steep learning curve and it has been really enjoyable. The partners have an open door policy so I have always felt comfortable asking any questions or asking for help if needed. The training has been in depth in both style and substance and I have learnt a huge amount.

Churchers as a firm have offered me such a lot of personal support and have welcomed me into the team in a lovely way.”

Jasper Vincent Solicitors are very happy and pleased to have been able to devote some of our resources to assisting this worthwhile local cause. We have supported the ‘Make a Will scheme’ for several years now and hope to continue to do so in the future. Jasper Vincent also take part in many other charitable schemes and events. ■

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Happenings in Hampshire

Hampshire law firms merge to strengthen market position

L

eading Hampshire law firms, Phillips Solicitors and Brain Chase Coles have merged. The combined firm is now known as Phillips Solicitors incorporating Brain Chase Coles. The firm will be based at the Phillips’ Town Gate offices in London Street, Basingstoke.

It is expected that colleagues currently based at the former Brain Chase Coles Haymarket House offices will have moved to Town Gate by the end of March.

Director Jack Gardener said: “The merger is an important step towards our goal of building the region’s strongest dynamic, fullservice law firm, whilst maintaining the traditional values that both firms were built on.”

He said clients will be able to better access a broad spectrum of legal expertise with a wider choice of fee earners, covering areas including: commercial and residential property, corporate and commercial, litigation and dispute resolution, family, wills and probate, estate planning, employment, insurance and education law.

Director Hayley Eachus said: “We’re excited to welcome our new colleagues to our Town Gate offices. The merger offers plenty of opportunities for further development and growth of our teams. The increased scale of the firm also means we continue to be a regional hub for employment in the legal sector, allowing us to better attract the talent we need to service our growing book of clients.”

Elizabeth Ford, who was a partner at Brain Chase Coles and is now a director at the new firm said: “There is a natural and positive cultural fit to both firms which is why the idea of a merger with Phillips felt right. The merger extends and broadens the scope of our combined practice to clients across the region, particularly in commercial and residential real estate, family and private client. We are looking forward to continuing to work with our existing clients and getting to know our new colleagues as we enter this next exciting stage of our history.” ■

Lawyer moves firms for the first time UK law firm Shoosmiths with 13 locations including Whiteley has expanded its award-winning real estate team with the appointment of Simon Foster as a partner who will work across the south.

Simon previously worked at Laytons Solicitors in Guildford for the entire 13 years of his career and established his name by building a property litigation practice from the ground up. He is recommended in both The Legal 500 and Chambers & Partners.

Simon has experience in handling proceedings before the County Court, High Court, First Tier Tribunal (Property Chamber), Upper Tribunal (Lands Chamber), in contentious property matters at non-statutory public inquiries and in supporting noncontentious property teams. His clients include household name residential developers, owners of commercial and residential property portfolios, retailers, charities, housing associations

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and major construction companies.

Nicholas Shepherd, partner said: “Simon Foster is bringing his hallmark energy and enthusiasm that made him a success at his previous firm to Shoosmiths. As a senior property litigation presence, we welcome Simon to our real estate team as our plans for growth continue.”

Simon Foster said: “The opportunity to join such a prestigious firm was one I grasped with both hands. I am very much looking forward to playing my part in further developing Shoosmiths’ large and renowned real estate practice in the south of England.” ■

Happenings in Hampshire

Moore Blatch recognised as one of the UK’s best law firms

Recognised in The Times Best Law Firms 2020

Mediators Russell Evans & Nicola Cohen at IDRC

Resolve UK Mediators Judge WCA Mediation Competition

S

enior Resolve UK Mediation mediators, Russell Evans & Robert Marcus, were appointed to judge the WCA Mediation Competition which took place at the International Dispute Resolution Centre in London between 24-26 January 2020.

Competitors included firms such as Linklaters as well as a number of London Chambers. Russell Evans has now judged and mediated at the competition since 2012. Russell Evans has also been invited to judge the International Vis Moot.

Resolve UK Mediation is now celebrating its 8th year as a Ministry of Justice approved civil and commercial Mediation Panel as well as a fully accredited member of the Civil Mediation Council. The Panel has conducted mediations for ftse companies, government agencies, premiership football clubs, world champion sportsmen and national charities as well as many under privileged.

Dr Richard Marks After another successful year of mediation which has included a number of partnership and commercial disputes, contentious probate & Tolata claims as well as a mediation involving the Titanic Papers, Resolve UK Mediation is proud to welcome on board its latest mediator Dr Richard Marks to strengthen the mediation provision of medical negligence and personal injury claims. Dr Marks is a consultant anaesthetist and former Council Member and Vice-President of the Royal College of Anaesthetists. In addition to acting as a College tutor and lecturer he has appeared on ITV Good Morning, Radio 4 and the World Service. He also has a wealth of professional management experience within the NHS and private Hospitals. ■

Katy Barber & Paul Kingsley

M

oore Blatch has been recognised by The Times in its prestigious Best Law Firms 2020 list – with a commendation for the firm’s Personal Injury and Clinical Negligence teams. This recognition comes after leading industry publication The Lawyer also cited Moore Blatch as a top UK law firm.

The Times’ peer-reviewed list also references two recent high profile cases from the Family Law and Clinical Negligence teams where Moore Blatch was successful on behalf of it clients. The first case is that of Claire Chipperfield, a midwife, who Katy Barber, Associate Solicitor in the Family Law team, successfully argued was entitled to 50 per cent of the £1 million house she had shared for years with her former boyfriend.

The second case references Paul Kingsley from the Clinical Negligence team who secured one of the highest ever UK clinical negligence payouts of £23 million for a girl whose birth had been mismanaged, leaving her with multiple injuries. Moore Blatch’s education specialist ensured the girl receives support at a special school after taking her case to an education panel tribunal.

Ed Whittington, Managing Partner, Moore Blatch, commented: “These cases demonstrate our commitment to providing first class legal services to our clients, helping individuals and businesses find their way through often complex and difficult situations, whether due to injury, family breakdown, or the myriad of issues that they face. To be recognised by our peers is a fantastic achievement for the firm, and testament to both the calibre of work we undertake and the expertise of our lawyers. I’m delighted that we’ve been recognised in The Times Best Law Firms listing.” ■

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CPD – Training

Hampshire Law Society – CPD Events

Visit our website for the booking form and full details www.hampshirelawsociety.co.uk/cpd-and-training/

Court of Protection

SDLT

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. There have been far more changes in the past few years to residential SDLT than to non-residential.

However, in most firms the purchase of a shop with one or two flats above it would be handled by a commercial conveyancer and yet, to calculate the correct tax, knowledge of residential surcharge and multiple dwellings relief is essential – plus (where a company is buying) the 15% higher rate and its exemptions.

Full details TBA.

Tuesday 21 April 2020

■ U pdate on deprivation of liberty ■ Inherent jurisdiction/COP – how far can the court go?

■ Some more about sexual relationships ■ Capacity to marry – new views on the meaning of marriage ■ Habitual residence ■ Medical treatment – the new guidance on applications ■ Fluctuating capacity ■ Appointment of welfare deputies ■ Property and affairs deputies – reporting provisions

Tuesday 28 April 2020

May 2020

■ B udget news ■ Guidance on “dwellings” and “grounds” ■ Multiple Dwellings Relief ■ The 3% surcharge (‘higher rates”) ■ The 15% charge on companies (“higher rate”) ■ Issues around multiple dwellings, surcharge and mixed-use ■ The problems of section 75A

Family Law Update

Conveyancing Update

Property Lecture

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.

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.

Richard has a reputation for delivering practical advice in an entertaining and engaging way.

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.”

Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

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 2 June 2020

Tuesday 16 June 2020

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 distributed via email.

You can find more detail on each lecture on our website: www.hampshirelawsociety.co.uk administration@hampshirelawsociety.co.uk – PRICING – 1.5 hour lecture: £55.00 (Non Member £70.00) 3 hour lecture: £90.00 (Non Member £130.00)

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Tuesday 14 July 2020

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.

Total No. of Places Booked

Price

Discount %

1–4

£90.00

Nil

5–9

£81.00

10%

10–19

£72.00

20%

20–30

£67.50

25%

30+

£63.00

30%

Junior Lawyers Division (JLD)

GDPR update

Summer 2020 Trethowans, Hedge End On 31 January 2020, the UK left the European Union, and has GDPR as we know it come to an end? In this seminar, Sarah Wheadon from Trethowans will help organisations understand what data protection looks like now.

The seminar will cover: ■ Any changes organisations and compliance officers need to make to their policies and procedures ■ The most recent GDPR cases from across the UK and Europe ■ The latest in compliance advice and inside tips To register your interest please contact Nicola on administration@hampshirelawsociety.co.uk

An overview of the Junior Lawyers Division What is the Junior Lawyers Division (JLD)?

The JLD is a group set up within the Law Society to provide junior lawyers with support, advice, information and networking opportunities at a national level, and represents the views of young lawyers through lobbying and campaigns both internationally and in the UK. In parallel to the National JLD, there are also a number of local groups which focus on the junior lawyers in their area. Each local group varies slightly in their membership, but most cater for qualified barristers, solicitors and Legal Executives up to 5 years PQE / call along with trainees, pupils, paralegals, and LPC / BPC student.

We organise regular local social, networking, and career and skill development events for our membership throughout the year. We also offer opportunities for junior lawyers to meet and interact with juniors in other non-legal professions in order to develop those all important networking skills and to forge ties with individuals at a similar level.

The South Hampshire Junior Lawyers Division (SHJLD) is the local group based in the South Hampshire area.

To keep up to date with our upcoming events and to participate in discussion with other members, please follow our LinkedIn page by searching SHJLD, follow us on Twitter and Instagram @theSHJLD, and/or join our group on Facebook. If you have any specific questions about the work of the committee, or are interested in working together with us, please do get in contact with us at committee.shjld@gmail.com

Who are the SHJLD? The SHJLD is run by a committee of local junior lawyers and generally caters to junior lawyers in Portsmouth, Fareham, Southampton, Winchester and surrounding areas, although many from further afield also attend our events.

Our membership year runs from October – September every year and attracts members from across the County. If you or any members of your firm would be interested in joining, please e-mail our secretary at membership.shjld@gmail.com

Your SHJLD Committee for 2019/2020 President Rebecca Munday Blake Morgan

Vice-President & Treasurer David Cribb Blake Morgan

Events Representative & Secretary Pascale Devlin Thrings

National JLD Representative Charlotte Allery Coffin Mew

Events & Social Representative Adam Hughes Paris Smith

Sponsorship Representative David Gregory Coffin Mew

Media & Communications Representative Lauren Piesley Shoosmiths

SHJLD Ball Representative Agnes Swiecka Blake Morgan

Upcoming Events

■ How to network session – Date TBC (March / April 2020) ■ The Annual SHJLD Ball at the Harbour Hotel – Friday 22 May 2020

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Care

Finding the perfect care home Michelle Newcombe – A Registered General Nurse (RGN) with over 33 years of experience in the delivery of both nursing care within the NHS and the management of large nursing homes within the Private Sector, with six years as a Regional Operations Manager of a large care group.

I

am fiercely passionate about ensuring that nursing care is of the very highest standard, is person-centred and that Staff act in the very best interest of the resident at all times to ensure the best quality of life is achieved.

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MN Care Consultancy was founded to provide unrivalled and independent support, guidance and help to those trying to find care for a loved one, or even themselves. I have extensive experience in the assessment of the quality of care being offered, resolving care issues and sourcing the most suitable homes on a case-by-case basis against a fine balance of Quality and Cost.

Let me give you the relief and peace of mind that, during these tough times, you will be in safe hands. So, if you think you could

benefit from a one-to-one discussion about any of the Services I can offer, please don’t hesitate to get in touch for an Initial Consultation; I’d be happy to hear from you.

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Short-term, respite and convalescent care Personal visits to assess care needs Reviewing and monitoring existing care arrangements Get in touch for a Free Initial Consultation.

Tailored consultancy to find your perfect care home In a crowded market, finding the right care home to suit your needs and budget can be a daunting experience and is a critical decision that can have long-lasting affects on both the resident and family. MN Care Consultancy was founded to provide unrivalled and independent support, guidance and help to those trying to find care for a loved one, or even themselves.

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www.mncareconsultancy.com HAMPSHIRE LEGAL 15

Membership

Thank you for your membership I would like to thank you for your membership which finished at the end of December.

This time of year is very busy and the whirlwind of life and business takes over and occasionally renewal of membership slips your mind and membership lapses. It’s not until later in the year that the oversight is noticed with some regret.

Would you like to avoid that happening? If yes, then please do not ignore your renewal letter which has been sent to you. Please request a further copy if required Membership in 2019 provided; ■ 200 new business referrals from the Society ■ Free editorial in the Society Magazine ■ Over 1,000 copies of our Magazine, featuring members’ articles, delivered to firms across the County ■ Free find a solicitor service ■ Regular e-news updates with items of local and national interest ■ The most successful annual dinner to date ■ Opportunity to enter the prestigious legal awards

■ Improved press coverage ■ An extensive lecture programme with reduced rates for members. Attending just one session will practically pay for itself.

■ Hampshire hosting a highly successful national conference which showcased the county nationally to other law societies The plans for 2020 are no less thrilling and include: ■ A gala dinner and awards ceremony at Hilton Ageas Bowl on 4th June ■ A focus on social media with a wish to improve our presence locally to the benefit of both our members and the Society as a whole ■ More focus on well-being and how to minimize mental health issues ■ More social/networking events including the quiz and family summer event Annual subscription rates represent excellent value for money particularly if you take out a corporate membership which covers all employees from the same firm without limit for only £800.00.

Type of Membership

Rate

Full Members (except those not in private practice and non-practising Ordinary members)

£80.00

Corporate Members (which will cover all eligible firm members without limit)

£800.00

Educational Establishment

£800.00

Associate Members

£50.00

Non-practicing Members and those not in private practice

£20.00

Associate Trainee Members

£15.00

Junior Lawyers who are not Student Members (to cover joint membership of JLD and HILS – £35 to JLD and £15 to HILS)

£50.00

For details on the different types of membership please visit www.hampshirelawsociety.co.uk If you have any further questions please do not hesitate to get in touch with Nicola Jennings, our Administrator on 223 8044 7022 or administration@hampshirelawsociety.co.uk 16 HAMPSHIRE LEGAL

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HAMPSHIRE LEGAL 17

Well-being

Hampshire Law Society Mental Health, Stress & Well-being Survey 2020 It is no surprise to those that work within the legal profession that it is generally considered and found to be one of the most stressful working environments. The HILS Committee have been investigating ways in which we can assist and support our members in this area. A key part of our approach is to understand to what extent the profession in our area reflects the national picture.

The Junior Lawyers Division over the last few years have been identifying issues around negative stress and mental ill-health amongst their members, and their annual survey has become something of a benchmark for the profession across the country. We want to reach out to our members and take a similar survey allowing us to compare our wellbeing with that of the profession nationally. The survey is only as useful and powerful as the number of responses and the amount of member engagement we get. We must remember that any responses received are those of our own friends, colleagues, employers and employees.

A similar survey from Bournemouth Law Society shows that 88% of those that responded (which was a significant number) have experienced stress, defined as being under too much emotional or mental pressure. Nearly one in five felt physical symptoms including feeling physically sick and or chest pains.

Most worryingly of all, 2% of those that responded to the survey had experienced suicidal thoughts.

There is some really useful feedback in the responses and more than half of those that responded were aware that their firm offered help, guidance and support in relation to mental health at work. Firms are taking specific steps such as offering confidential counselling, “buddy” systems and appointing mental health first aiders. Nevertheless, and perhaps unsurprisingly, the majority (60%) still feel that their firm could do more. This is not, after all, a problem that can simply be “cured”.

As a representative society, your committee are firmly of the view that we can also do more. It is our hope that the very act of carrying out the survey and publishing the results will create positive conversation on the subject and continue the campaign to destigmatise mental health issues.

Please look out for the survey which will be with you shortly – we appreciate your help in completing this. ■

Overwhelmed?

Mind racing? Can’t sleep?

Life in the law can be challenging and sometimes things can get on top of you. Talk to us – we’ve been there.

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awCare is an independent charity offering emotional support, information and training to the legal community in the UK and Ireland. We work to promote good mental health and wellbeing in legal workplaces and drive change in education, training and practice. We’ve been supporting legal professionals for over 20 years and no-one knows lawyers like we do.

Our free and confidential support service offers a safe place to talk without judgement. We’re here to help, with helpline calls, emails and webchats answered in confidence by trained staff and volunteers who have first-hand experience of working in the law. We also have a network of peer supporters, people who work in the legal profession who may have been through difficult times themselves and can offer one-to-one support, friendship and mentoring to helpline callers referred to them.

We have visited hundreds of legal workplaces over the years and we have listened to thousands of legal professionals tell us about the stress, anxiety and depression they are experiencing, which is often caused or exacerbated by a difficult working environment. Lack of support or supervision, an overly critical manager, being undermined after a career break, an unreasonably heavy workload, long hours and sleep deprivation are all very common issues.

Whether you’re a barrister feeling burnt out, a young trainee experiencing sexual harassment, a student struggling with the workload, support staff worrying about a mistake you’ve made, a senior lawyer feeling like you’re being pushed out – we’re here to listen.

We are here to help all branches of the legal profession: solicitors, barristers, barrister’s clerks, judges, legal executives, paralegals, trade mark attorneys, patent agents, costs lawyers and their staff and families. ■

For more information on what LawCare does, how we can support you in creating a mentally healthy workplace and for additional information, resources, fact sheets visit

www.lawcare.org.uk 18 HAMPSHIRE LEGAL

Well-being

Difficult lawyerclient relationships T

he lawyer-client relationship can be complex. The lawyer is there to listen, empathise and advise. Some lawyer-client relationships can be fairly straightforward such as purchase or sale of a property, making of a will or reviewing terms and conditions. However, some clients may be facing loss of liberty, employment, relationships or reputation. These are clients you may think about a lot, who require a lot of time on the phone or email, you may start to worry about them and they can sometimes become a burden.

A client like this is often looking for more than just a lawyer – and lawyers can often play the role of teacher, counsellor, doctor, parent, psychiatrist, Samaritan, or even magician! The bottom line is the client wants to be fixed legally and, although they may not know it, emotionally. Part one is your job, part two is not but it can be difficult to step back. Why? Because to be a good lawyer you do to a certain extent have to ‘crawl around in your client’s skin for a while and see the world through their eyes’. (Atticus Finch, in To Kill a Mocking Bird).

■ Before you meet the client prepare. Visualise the client in your mind. Spend a few minutes putting on your imaginary armour reminding yourself that you have boundaries.

■ If you are concerned a client may become aggressive or difficult make sure there is someone else around and that they know you anticipate a potentially tough time. Sit near the door.

■ Have some stock phrases rehearsed in your mind: – “I’m sorry I really can see how angry, sad, scared you are…I will do what I can for you as your lawyer but I am just not able to help with….” “I wonder if you have thought about seeing your GP, ringing someone?”

– “I wonder do you have anyone you can call when you feel like this?”

– If the client gets very upset, angry or overwrought give them breathing space.“I can see this is really tough, do you want to take a few minutes?” “ Would you like a glass of water?”

■ Give them the Samaritans number or any others that you think might be useful. Don’t give them your personal mobile.

■ Sometimes just stay silent and give them the space to rage, weep or have their moan.

■ Try to finish by summarising what you have heard and what you plan to do next.

The greatest gift you can give another human being is the purity of your attention. Never forget that you are there to listen, extract what will help the client in legal terms and, if necessary, suggest that they seek help from other sources. ■

The good news is this is a common dilemma; the bad news is that legal training leaves the lawyer ill-prepared. Here are a few tips:

Our new web-chat service is available online Monday 9.00am–1.00pm, Wednesday 1.00–5.30pm & Friday 9.00am–1.00pm.

Visit www.lawcare.org.uk

If you need emotional support call our helpline on 0800 279 6888 HAMPSHIRE LEGAL 19

Article

Domestic Abuse and Child Arrangements Orders

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ne case has recently caught the interest of legal journalists, that of JH and MF 2020] EWHC 86 (Fam) when Ms Justice Russell lambasted Judge Tolson and decided the judgment was flawed for a multiplicity of reasons.

The Mother had left and fled to a refuge due to the Father’s domestic abuse and it was two years after that the Father applied for a child arrangements order for their 4 year old child.

The Mother’s case was that the Father was aggressive, intimidating and that he was also controlling and emotionally abusive during the relationship. It is her case that she had been subjected to domestic abuse which included verbal abuse and that he had physically and sexually assaulted her while the child was present in their home.

The Judge should have had heed to Practice Direction 12J of the Family Proceedings Rules 2010 which says at part 5: “The court must, at all stages of the proceedings, and specifically at the First Hearing Dispute Resolution Appointment (‘FHDRA’), consider whether domestic abuse is raised as an issue, either by the parties or by Cafcass , and if so must – ■ identify at the earliest opportunity the factual and welfare issues involved; ■ consider the nature of any allegation, admission or evidence of domestic abuse, and the extent to which it would be likely to be relevant in deciding whether to make a child arrangements order and, if so, in what terms; ■ give directions to enable contested relevant factual and welfare issues to be tried as soon as possible and fairly; ■ ensure that where domestic abuse is admitted or proven, any child arrangements order in place protects the safety and wellbeing of the child and the parent with whom the child is living, and does not expose either of them to the risk of further harm; and ■ ensure that any interim child arrangements order (i.e. considered by the court before determination of the facts, and in the absence of admission) is only made having followed the guidance.

■ In particular, the court must be satisfied that any contact ordered with a parent who has perpetrated domestic abuse does not expose the child and/or other parent to the risk of harm and is in the best interests of the child.”

Here, this must have been relevant as a finding of fact hearing had been arranged when evidence was to be heard. What is so surprising here is that the Mother was not allowed to give evidence behind screens which she was entitled to request as a vulnerable witness. Instead she had to give evidence from Counsel’s bench where she was sitting near the Father and he then also gave evidence from there where he could discuss matters with his Mackenzie friend, there to assist as he was not legally represented. She must have been terrified and distressed and no wonder the Judge could barely hear her evidence and the tape recording did not record it all.

20 HAMPSHIRE LEGAL

The case has primarily been reported in the press as the Judge found the Father could not have raped her as she did not physically resist and the Judge seemed to be completely ignorant of the definitions of domestic abuse: ■ “domestic abuse” includes any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.

■ “coercive behaviour” means an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the victim The Appeal Judge agreed the trial Judge failed to apply these definitions, or at the very least, keep them in mind. The Judge did not accept the use of language or throwing objects was controlling and coercive behaviour, which is surprising although many Judges still seem to believe domestic abuse can only be from violence.

The Mother won her appeal against the decision of the Judge that there had not been domestic abuse but now faces the awful prospect of a retrial where she will have to give evidence again.

Let’s hope she is allowed to give her evidence from behind a screen or even better, by video link.

Another issue is that unfortunately abusers are seeking to see their children by accusing mothers of parental alienation.

‘Playing the parental alienation card is proving more powerful than any other in silencing the voices of women and children resisting contact with abusive men,’ said former family law barrister Dr Barnett in a recent study. https://www.independent.co.uk/news/uk/home-news/ domestic-abuse-parental-alienation-family-courts-brunelstudy-a9294726.html The issue of violence cannot be disregarded, the report states: “A 2016 study by Women’s Aid revealed the cases of 19 children in 12 families who were all intentionally killed by a parent who was also a known perpetrator of domestic abuse. All of the perpetrators were male and fathers to the children they killed and having contact.

The outcome of this report and the case of JH is that there must be better training of Judges to ensure they ascertain the truth and that victims are protected. ■

Wendy Hewstone

Managing Partner, Access Law Southampton

News

THE YEAR

2020 The year is now 2020 and for the first time we need to be particularly careful when using the date! If you would normally write a date as 02/01/20 then you need to think especially carefully about doing so.

As the year ends with a date that is also the start of a century, dates you use in the format above can be altered after the event i.e. 02/01/2000 or 02/01/2014, thus making it appear as though something happened potentially years before it actually did.

Insight Legal becomes a Strategic Partner of The Law Society

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nsight Legal Software is delighted to announce that following a period of assessment by the Law Society of England and Wales, it has become one of their strategic partners.

Partnership status means that the Law Society is satisfied that Insight Legal’s software can help law firms with performance and management challenges including compliance, productivity and efficiency. In reaching its decision, the Law Society also considered a number of partnership suitability criteria including cyber-security, equal opportunities/equality & diversity, data protection, GDPR and Corporate Social Responsibility.

Law Society president Simon Davis said: “I am pleased with our new partnership with Insight Legal – a leader in practice management software for solicitors. Their in-depth knowledge of the legal profession allows our members to benefit from their award-winning legal accounts, case management and practice management solutions”.

Brian Welsh, CEO of Insight Legal said: “Confirmation of this partnership is fantastic news and is a reward for the hard work and talent within our business. We have always tried to develop our software, and support our law firm clients in a way consistent with their best interests and also with our own Core Values. It is good for law firms in England & Wales that they are able to gain access to The Law Society Strategic Partners in market segments that are critical to effective functioning, including Practice Management”. ■

All someone needs to do is add some additional numbers to the end of the original date and it appears as though the date is completely different. To combat this always ensure that you write the date out in full this year on anything that you have to complete, that way it cannot be altered easily.

Always write the complete year as 2020 so that nobody can change what was intended. Please think about this, particularly when signing and dating anything of importance! ■

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HAMPSHIRE LEGAL 21

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22 HAMPSHIRE LEGAL

Article

Solicitors: are you ready for the changes to the SRA’s Code of Conduct?

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n 25 November 2019 the Code of Conduct in the SRA Handbook 2011 (the Code of Conduct 2011) will be replaced with two new codes of conduct – one for solicitors and one for regulated firms. Are you ready?

In this article, James Robins and Ivan Roots of Womble Bond Dickinson’s professional risks team take a high level look at the changes being implemented and the impact upon solicitors.

The Changes The 2011 Handbook is being replaced by the 2019 Handbook and the 10 mandatory principles have been cut down to 7 principles.

Legal professionals must act: ■ in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice ■ in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons ■ with independence ■ with honesty ■ with integrity ■ in a way that encourages equality, diversity and inclusion ■ in the best interests of each client In broad terms, the aim of the changes is a drive towards ethics based principles of practice, rather than adhering to a full set of black and white rules. The focus is now very much upon the behaviour of the individual, including a personal obligation to report breaches; the rules send a strong message that the solicitor will be personally accountable for any breaches.

What does this mean for you?

Solicitors will need to: ■ Review the 2019 Handbook (note that the current version on the SRA website is not final and may change before 25 November 2019).

■ Read the SRA enforcement strategy and linked ‘topic guides’ for a summary of the main mitigating and aggravating factors the SRA will take into account when considering cases.

■ Understand the personal obligation to report: – Solicitors must report a reasonable belief that there has been a ‘serious breach of the standards’ by your own behaviour, or that of other solicitors you work or deal with.

– The obligation to report extends to other legal services regulators such as CILEX. – Reports must be made promptly – early engagement with the SRA is key.

– Document anything which involves personal judgment, such as a decision not to report, or the timing of any report made, so that this can be justified to the SRA if necessary.

■ Read your firm’s social media policy. Be alive to issues such as client confidentiality when using social media.

Firms and In-house legal teams should: ■ Review internal policies and procedures, in particular whistleblowing and reporting breaches policies, so that they reflect the SRA’s enforcement strategy and the new obligation to report ’serious breaches’.

■ Ensure that members of the in-house legal teams are aware of their personal obligations in the new Handbook, the reporting expectations and the reporting procedure.

Comment The SRA has confirmed that the 2019 Handbook is designed to be more flexible, allowing “solicitors greater flexibility in how they work – making it easier for people to get help”.

However, with this flexibility comes increased risk as the focus by the SRA on the conduct of solicitors outside work as well as in practice will inevitably lead to an increase in prosecutions. There is a pattern of the SRA taking an extremely tough approach, with little room for second chances. In 2018 alone, the SDT ordered that 80 solicitors be struck off the roll. Indeed, the SRA is expecting a sharp increase in the number of cases referred to it in 2020, with the new requirement to report a ‘reasonable belief’ that there has been a serious breach.

The SRA is also anticipating a shift in the nature of cases being brought, with an expected increase in the number of sexual misconduct cases, those relating to the use of social media and cases concerning conduct outside of the professional arena.

Indeed, disciplinary decisions handed down since the SRA’s August 2017 Warning Notice illustrate the stance the SRA is likely to take in response to a perceived ‘threat’ to the solicitors’ brand.

For example, disciplinary action has been taken against solicitors for posting offensive anti-Semitic comments on Facebook, assaulting paramedics while intoxicated and posting ‘puerile’ comments on social media about cases being worked on.

Firms and individual solicitors can expect increased scrutiny, and more active engagement with the SRA. Those who fail to prepare for these changes are at risk of disciplinary action and unwelcome and damaging publicity. ■

James Robins & Ivan Roots Womble Bond Dickinson

HAMPSHIRE LEGAL 23

Awards

Hampshire Legal Awards 2020 N

ominations are now open for the Hampshire Law Society Legal Awards 2020. Firms and individuals from the Hampshire legal sector are invited to nominate their firm, themselves (don’t be shy!) or colleagues in one of five categories (see below for details). So if you work with a talented rising star or an inspirational leader or you consider your firm to be the best to work for then please let us know before 18 May. The nominations will be judged by an experienced panel, comprising leading figures from law and business with the winners being announced on 4 June 2020 at the Annual Dinner and awards ceremony at the Hilton Ageas Bowl.

This year there are the usual 4 categories plus one additional category The Client Service award Firm of the year – large (turnover above £12m annually) Firm of the year – small Lawyer of the year Junior lawyer of the year

All nominees will receive an acknowledgement and the opportunity for a photograph and short profile of themselves or their firm in the Spring or Summer issues of Hampshire Legal. Entries will be shortlisted if required and all unsuccessful entries will receive a consolation prize.

Judging criteria – new award Client service award – open initially to members only Nominate yourself for this award – max of 10 so first come first served, Insight 6 would complete a mystery shop over the next couple of months and the firm that comes out best, wins – a copy of the report will be available to you after the event.

Judging Criteria Lawyer of the Year More than 5 years PQE Judges will be looking for demonstrable evidence of most of the following

■ I nvolvement in interesting, challenging or new areas of law ■ A genuine interest in their clients ■ Excellent leadership qualities ■ Active engagement in their community through CSR activity or in a personal capacity ■ Personal and profitable successes for your firm ■ Involvement in and contribution to professional or other bodies ■ Support & inspiration to their colleagues ad how you impact on those round you

Junior Lawyer of the Year ■ Innovation

and involvement in interesting, challenging or new areas of practice including any specific cases of significance ■ Improving the profile of your firm and Hampshire as a centre for legal excellence ■ Evidence of professional development ■ Contribution to client relationships and business development ■ Contribution to the community including pro bono work ■ Evidence of best practice in client service, technical skills and leadership ■ Goals and/or targets you were most proud of achieving during the year, and why

Law Firm of the Year a) Large (Turnover £12m+) b) Small ■ T raining initiatives and accreditations received/ being worked towards (e.g. Conveyancing Quality Scheme) ■ G rowth in reputation ■ A ppreciation and recognition by clients ■ D edication to development of staff ■ C lient initiatives that you feel have set the firm apart from others ■ P ositive steps taken to ensure the wellbeing of your staff and measures taken to ensure equality, social mobility, diversity and inclusion in your firm?

■ I nitiatives to contribute towards environmental impact ■ C ontribution to the legal community including pro bono work

All entries must be completed on the official entry form The form is available from Nicola Jennings on administration@hampshirelawsociety.co.uk It is also available on our website 24 HAMPSHIRE LEGAL

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HAMPSHIRE LEGAL 25

Finance

Pension freedoms

– retirees now have a whole host of new options

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here is now much greater flexibility around how you take your benefits from Money Purchase Pension (Defined Contribution) schemes, which include Self-Invested Personal Pensions (SIPPs). Since the rules governing how pensions can be taken have been dramatically relaxed, more people are using pension freedoms to access their retirement savings, but the amount they are individually withdrawing has continued to fall, according to the latest data from HM Revenue & Customs (HMRC). Pension freedoms have given retirees considerable flexibility over how they draw an income or withdraw lump sums from their accumulated retirement savings. There is no doubt the pension freedoms have been hugely popular.

What are your retirement options to consider? Leave your pension pot untouched for now and take the money later It’s up to you when you take your money. You might have reached the normal retirement date under the scheme or received a pack from your pension provider, but that doesn’t mean you have to take the money now. If you delay taking your pension until a later date, your pot continues to grow tax-free, potentially providing more income once you access it. If you do not take your money, we can check the investments and charges under the contract.

Receive a guaranteed income (annuity) You can use your whole pension pot, or part of it, to buy an annuity. It typically gives you a regular and guaranteed income.

You can normally withdraw up to a quarter (25%) of your pot as a one-off tax-free lump sum, then convert the rest into an annuity, providing a taxable income for life. Some older policies may allow you to take more than 25% as tax-free cash – we can review this with your pension provider. There are different lifetime annuity options and features to choose from that affect how much income you would get.

Receive an adjustable income (flexi-access drawdown) With this option, you can normally take up to 25% (a quarter) of your pension pot, or the amount you allocate for drawdown, as a tax-free lump sum, then re-invest the rest into funds designed to provide you with a regular taxable income. You set the income you want, though this might be adjusted periodically depending on the performance of your investments. Unlike with a Lifetime annuity, your income isn’t guaranteed for life – so you need to manage your investments carefully.

Take cash in lump sums (uncrystallised funds pension lump sum (UFPLS)) How much of your money you take and when is up to you. You can use your existing pension pot to take cash as and when you need it and leave the rest untouched, where it can continue to grow tax-free. For each cash withdrawal, normally the first 25% (quarter) is tax-free, and the rest counts as taxable income. There might be charges each time you make a cash withdrawal and/or limits on how many withdrawals you can make each year. There are also tax implications to consider that we can discuss with you.

Cash in your whole pot in one go You can do this, but there are important things you need to think

26 HAMPSHIRE LEGAL

about. There are clear tax implications if you withdraw all of your money from a pension. Taking your whole pot as cash could mean you end up with a large tax bill – for most people, it will be more tax-efficient to use one of the other options. Cashing in your pension pot will also not give you a secure retirement income.

Mix your options You don’t have to choose one option. Instead, you can mix them over time or over your total pot when deciding how to access your pension. You can mix and match as you like, and take cash and income at different times to suit your needs. You can also keep saving into a pension if you wish, and get tax relief up to age 75.

Think carefully before making any choices The pension flexibilities may have given retirees more options, but they’re also very complicated, and it’s important to think carefully before making any choices that you can’t undo in the future. Withdrawing unsustainable sums from your pensions could also dramatically increase the risk of running out of money in your retirement. ■

Steven Vallery, S4 Financial Limited

Insurance

Lessons learnt by our PII Brokers & Client Managers in 2019

I

t’s no secret that the market has hardened, capacity is not what it used to be, and firms are finding it increasingly difficult to obtain competitive quotations. With this in mind, we thought we would share some of the key points that we learnt in 2019 in relation to the application process of your Professional Indemnity Insurance.

1. Complete your Proposal Form in good time. We suggest getting started 4 – 6 weeks in advance of your renewal date in order to give yourself the best chance at multiple options.

As the year goes on capacity dwindles and Insurers are not as hungry to write new business. This can often result in increased premiums and lack of Insurer options.

2. Choose your Broker wisely. You do not want to be limited to only one or two Insurers so it is key that you ask who they have access to, who they intend to approach and whether the Insurers they seek to obtain a quotation from are ‘A’ rated.

3. Work closely with your Broker, being open and honest about your firm and the work you undertake. An experienced Broker will work closely with you throughout the process, will understand the risk and know how to present it with clarity to an Insurer. This will ultimately result in less questions and confusion, making it a straightforward application. Poorly presented, it could lead to delays, subjectivities and even a decline. If this happens it is never easy to get the Insurer to review your application again.

4. Do not approach too many Brokers, especially if they have access to the same markets. This will mean insurers

are viewing your proposal form on numerous occasions from various sources, which may result in them not taking the risk seriously enough. if this happens, Insurers are not likely to prioritise your application. At Hera Indemnity we have the widest access to insurers therefore limiting the number of Brokers you would need to approach.

5. Provide as much information as you possibly can.

Insurers will typically ask for the following as standard; • Accounts for the last completed financial year, which matches the stated turnover within your Proposal. We often see conflicting Proposal Forms and Audited Accounts, this is sometimes due to declaring profit instead of turnover in error!

• Claim summaries no older than three months, covering the last six years • Any procedures or cyber insurance policies in place to mitigate cyber risk • For new firms, C.V.’s of key personnel, Cash Flow Forecast and a Business Plan 6. Highlight any material changes from previous years, give detailed explanations on any major claims and what remedial action has been undertaken to prevent a repeat of this claim.

7. Close-off any notifications on the claim summaries which are sometimes left open unnecessarily.

8. Check the policy wording to ensure you are aware of any exclusions and exactly what your policy will provide cover for. ■

John Kilmartin

Head of Marketing, Hera Indemnity

HAMPSHIRE LEGAL 27

Professional Negligence

Professional negligence and loss of chance Part 2

I

n Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 5 the claimant (Mr Arthur Watkins) was a retired miner suffering from vibration white finger (VWF) which is caused by excessive use of tools that vibrate. The condition can result in a reduction in grip strength and manual dexterity in the fingers. The National Coal Board was found to be negligent in not taking reasonable steps to reduce the risk of VWF. A government scheme was set up to provide compensation for VWF. The scheme provides for two types of compensation equivalent to general damages and special damages for personal injury. The special damages included a services award which was awarded if a claimant could not do six routine domestic tasks, for example gardening and DIY, because of VWF and required assistance to do them. There was a rebuttable presumption that the six routine tasks could not be done so that claimants qualified for a services award in addition to general damages unless there was concurrent medical evidence that the disability had another cause.

The professional negligence claim The claimant instructed the defendant, to pursue a claim for VWF and that claim ultimately fell within the scheme and the claimant was medically assessed as being entitled to general damages but also to the presumption in favour of the services award. After receiving a letter from the defendant dated 18 February 2003 advising of an offer of general damages of £9,478 in full and final settlement and asking for instructions the claimant had a telephone conversation with an employee of the defendant. He said he was happy with the general damages offer but that he did not want to pursue the claim for the services award. The claim was settled on that basis. Nearly five years later, in January 2008, the claimant saw a newspaper advertisement offering assistance to any ex-miner who may have had his VWF claim settled at an undervalue. As a result, the claimant instructed fresh solicitors and a professional negligence claim was made against the defendant in 2008, claiming that the firm’s negligent failure to give him competent legal advice deprived him of the chance to claim a services award. His estimated loss was £6,126.22 plus interest. The claimant died in 2014 and his daughter Mrs Jean Edwards continued the claim on behalf of his estate.

In the trial at the County Court in Leeds it was accepted that to succeed in the tort of negligence the claimant had to establish breach of duty, causation and loss. The trial judge found that there had been a negligent breach of duty and that causation was established. Thus, the advice given had been negligent and had the claimant received appropriate advice he would have pursued his services claim. However, there was new medical evidence (that did not apply the presumption) to the affect that claimant’s symptoms would have been insufficient to succeed on the services claim. The court therefore held the claimant had suffered no loss and dismissed the claim. The claimant successfully appealed to the Court of Appeal [2018] EWCA Civ 1299 and the defendant appealed to the Supreme Court. The issue for the Supreme Court was whether the further medical

28 HAMPSHIRE LEGAL

evidence should have been taken into account when assessing the prospects of success of the negligence claim.

The decision of the Supreme Court The Supreme Court unanimously dismissed the appeal (Lord Lloyd-Jones gave the lead judgment) and remitted the matter for an assessment of quantum. The claimant had established a loss of something of value, i.e. that his service claim had a real and substantial rather than merely a negligible prospect of success.

The medical evidence was not relevant to the issue of loss with Lord Lloyd-Jones holding that this retrospective evidence was ‘simply not relevant when constructing the counterfactual situation which would have arisen if Mr Watkins’ solicitors had fulfilled their duty to him’. The claimant had lost a chance of obtaining the service award.

Comment The judgment makes it clear the normal civil procedure rules (which would allow the retrospective evidence) do not apply to claims under the scheme with is supposed to fairly facilitate the handling a large number of claims. Many other claims under the scheme (and under other schemes) will now be settled.

The question is whether this principle that claims cannot be retrospectively reduced in value will apply to professional negligence claims generally. That could have serious implications for solicitors, legal executives and their indemnity insurers. This case should be contrasted Perry v Raley Solicitors [2019] UKSC 5 (see Hampshire Legal May 2019) a case involving the same scheme where the claimant was dishonest and had he been honest there would have been no loss of chance of obtaining the service award. In contrast the claimant in Edwards was honest and did lose that chance. ■

Simon Parsons HILS member

Article

The most common obstacles to a successful law firm sale T

he vast majority of law firms in the UK remain private client focused businesses with a local town presence.

They are typically owned and run by an aging equity partnership where the succession treadmill stopped years ago because society and the business of law began to evolve away from the traditional law firm model prevalent when many of these firms were originally established.

Consolidation in this market shows no signs of slowing down anytime soon with the main drivers for this continued activity being inadequate succession planning, the demographic of sub £2m turnover ownership, financial constraints, reforms to the legal services market, ever increasing professional indemnity premiums and the growing burden of regulated management.

Without internal succession or sale to an external party, the only way to retire is cessation and closure, which is usually a very expensive option with SRA risks attached. With this in mind, what should you do if you are thinking about your own exit plan?

For all the reported mergers in recent years, there have been many times more aborted discussions and it is useful to understand why these deals failed to happen because it is rarely due to a simple change of heart. Typically, it is because of poor planning, poor preparation or ponderous execution on the part of either buyer, seller or both. This is hardly surprising when one considers that the most common complaint we hear from independent practitioners is the amount of time they need to spend in compliance, practice management and reporting versus client needs and ‘being a solicitor’. Equally, sellers often fail to consider what the buyers will be looking for and take few if any steps to get their business into a stronger position prior to commencing talks. Add to this heavy workload the requirement to devise and execute an effective exit strategy and it is remarkable that anyone manages to begin implementing their retirement plans within a timeframe that makes a good outcome more likely.

have been reluctant to be proactive in their search because of the perceived risk of being seen to be ‘on the market’ and instead tend to wait for an approach from a competitor before looking into possibilities properly. This reluctance must be overcome if strength of negotiating position and the quality of outcome is important to the seller and the remaining staff.

The unintended consequence of the typical approach is that difficult questions get kicked down the road until they finally become unavoidable. Discussions break down after months of hourly time has vanished, the firm may be in a worse financial position than it was at the outset and you have returned to square one having lost six months.

Many of these risks can be mitigated by speaking with a professional intermediary who can provide guidance through the whole process alongside a sympathetic ear. Ortus Group has worked with many law firms across the UK to facilitate retirement plans for independent firms as well as assisting consolidators in growing their footprint. Managing Director, Colin White has written a white paper on mergers and acquisitions in the UK legal sector. ■

Colin White

Founder and Managing Director, Ortus Group

Another significant factor that could drastically improve quality of options and a benchmark against which to measure offers, is engaging with a wider market than just your local competitors; particularly out of area firms that may wish to operate within your current geographic location. Historically, many older solicitors

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Property Auctioneers

F

or over 30 years, Clive Emson Land & Property Auctioneers have been offering a bespoke auction service across the south of England, with some 40 auctions held across the region publicised in eight auction catalogues, which includes eight sales a year held at the Solent Hotel at Whiteley covering Hampshire and the Isle of Wight.

Sale by auction has long been a very popular method of sale for executors, mortgagees and statutory bodies keen to prove best value, with a significant number of people present at each auction sale to verify that each and every Lot is sold for the best possible price on sale day, and with the benefit of a speedy and defined timescale with an exchange of contracts on the fall of the Auctioneer’s gavel.

Run down and dilapidated properties are always an auction staple, while auction is also an excellent way of establishing the value of unique and unusual and difficult to value properties, and a sale by auction can also be a very effective means of settling family disputes in property matters.

Auctioneer and Regional Director, Rob Marchant, who is based at the firm’s Whiteley office commented: “Run down and dilapidated properties tend to be few and far between in this day and age where people are so much more conscious of the value of their homes and keep them maintained accordingly.

As in any walk of life where supply and demand are out of kilter, this means fierce competition when these opportunities become available. On so many occasions in the past, we have been able to achieve sale prices for this type of property significantly in excess of even the very best of estimates from private treaty

agents through the benefits of open and competitive bidding in the auction sale room. The number of potential buyers for ‘projects’ far outweighs the number of potential sellers, and a public auction being an open and transparent sale process gives all interested parties an opportunity to bid and compete for the right to buy”.

Rob further commented: “We have in the past settled so many disputes in respect of property value. Ultimately, any property is worth what people are prepared to pay rather than what we, the seller, or indeed any other property professionally thinks the value may be, though I am very pleased to report that more often than not a sale price in excess of our expectations can be achieved”.

Clive Emson Auctioneers will be holding eight further sales at the Solent Hotel in 2020 beginning on Friday 14 February, with further auctions on 25 March and 1 May, and then at regular dates throughout the year. ■

The Leading Independent Regional Land & Property Auctioneers Covering Southern England

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Catalogue available from 10th April. Entries close 6th April

Entries are continually invited. If you own a property or parcel of land which may be suitable for a sale by public auction, please call us for a no obligation appraisal. We also offer an *online auction service.

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Education

Where Opportunity Reigns

K

ing Edward VI School in Southampton has a wellestablished reputation for academic results, but also boasts enviable co-curricular facilities.

Naturally, promoting intellectual excellence and developing curious minds take precedence as one of the south coast’s leading secondary schools academically. Almost all students go on to higher education institutions, with over 80% attending Russell Group universities and an average of 10% taking up places at Oxford and Cambridge. However, academia is not the sole focus when it comes to these university applications.

Fostering a sense of personal worth in every pupil and equipping them with the practical skills to be successful in the wider world are also priorities.

To this end, co-curricular activities sit at the core of the school; over 50 clubs operate each term with everything from astronomy and beekeeping, to fencing and charities commission, often led by our Sixth Formers. The state-of-the-art Dobson Theatre sits at the heart of a dynamic creative arts programme. The impressive space not only acts as a hub for dramatic and musical activity (including Sixth Form productions and musicals devised entirely by the students), but is a forum for outside lecturers and student public speaking. The thirty-three acre Wellington Sports Ground supports budding athletes; former students have won medals at the Beijing, London, and Brazil Olympics, including gold for Iain Percy.

Older students in particular benefit from opportunities to travel to far-flung corners of the globe. Regular exchanges in North Carolina, Prague, Montpelier, and Salamanca sit alongside expeditions to remote areas in Nepal, Morocco, and Vietnam, scientific research excursions to locations such as the Galapagos, Iceland, and Indonesia, sports tours to India and Holland, and an annual volunteering project in South Africa.

Students from King Edward’s are found in all walks of life and combine academic achievement with the impressive communication and leadership skills they acquire through debating, captaining sports teams, directing a production, trekking over windswept moorland, or charity fundraising. It is through the co-curricular that candidates can showcase the depth of their academic passions to universities and potential employers, and, at KES, opportunity reigns supreme.

To take a tour of the site or attend one of our open events or taster days, contact the registrar via registrar@kes.hants.sch. uk or call 023 8079 9216. Visit www.kes.hants.sch.uk to find out more about life at King Edward’s. ■

Fulfil your potential

KING EDWARD VI SCHOOL SOUTHAMPTON

Founded 1553

Independent day school for ages 11 – 18

@kessouthampton

HAMPSHIRE LEGAL 31

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EVERY CHILD A CHAMPION

All-through excellence from Nursery to Year 11 Meoncross is a leading independent school for children aged 2.5 to 16 years. We pride ourselves on our small class sizes, outstanding teaching and educational provision and our strong focus on personalised learning and wellbeing. Students in both Lower and Upper Schools achieve well above national averages at all key stages.

Call 01329 666 017 to arrange your visit.

We look forward to welcoming you.

meoncross.co.uk Stubbington | Fareham 32 HAMPSHIRE LEGAL

Education

The vast majority of students leaving Meoncross at the end of Year 11, go on to study A Levels at some of the region’s most respected further education colleges. Many continue on to top UK universities including many in the Russell Group.

M

eoncross School is very proud to be a through school – enabling children to start their educational journey at 2.5 years, and continuing through until Year 11.

It really is the only school you will ever need.

Meoncross is a school that consistently achieves high academic results. This success is linked not only to small class sizes and highly trained and talented staff, but is also the result of the school’s strong focus on personalised learning, which allows every student to realise their full potential, regardless of ability. Whilst academic excellence is a top priority, they also passionately believe that emotional wellbeing and happiness are crucial to educational success.

Not only does the school place a great deal of emphasis on providing students with a robust and rigorous pastoral system, but there is also strong values-led approach to education with seven core values – Family, Adventure, Integrity, Resilience, Optimism, Achievement and Kindness. These values not only form the bedrock for school culture but also provide the framework for the V2V (Values to Virtues) Character Education programme. The aim at Meoncross School is that these seven core values become so deeply rooted within a child’s character that the corresponding virtues become an intrinsic part of each student’s personality.

Meoncross students constantly achieve GSCE results significantly above national averages at the end of Year 11. In their 2019 GCSE results:

Whilst the Meoncross School curriculum is based on the national framework for England, as an independent school they have the flexibility to their adapt programmes of study.

Meoncross strives to ensure learning and teaching includes best international educational practice to enable pupils to develop a global perspective. Through a focus on nurturing specific skills including creativity, critical thinking, problem solving and collaboration our aim is to prepare our pupils for the future global workplace with the attitudes and aptitudes that will be highly valued anywhere in the world.

■ 95% of all grades awarded were at 4+ compared to the national average of 67%.

■ 88% achieved a ‘strong pass’ at Grade 5+ in English Language, which is double the national average of 44%.

■ 72% achieved a ‘strong pass’ at Grade 5+ in Mathematics, which is significantly higher than the national average of 40%.

■ The lowest grade awarded to the vast majority of Meoncross students was Grade 4.

■ Over 1/3 of students attained Grade 7+.

Many elements of modern life mean that young children have fewer opportunities to develop the resilience and wellbeing vital to happiness and health. Evidence suggests that even a small improvement in wellbeing can help children and young people flourish emotionally, socially, physically and academically. It can even help decrease some mental health problems. This is why, at Meoncross, the wellbeing of students is at the heart of school life. It underpins the primary aim to deliver academic excellence and helps create happy, independent learners.

Meoncross School is part of the Cognita Education Group, which currently has over 40 UK independent and 30 international schools in South America, South East Asia and mainland Europe. The benefits of belonging to a highly successful international organisation cannot be underestimated in terms of the development of best global education practice, enhanced student opportunities, financial stability and the incredible level of educational expertise within the group. Whilst all Cognita schools operate with a high degree of autonomy, they all adopt the group’s core vision of academic excellence, character education and the development of global mindedness from around the world. ■

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Accounts

What does the Fifth Money Laundering Directive (5MLD) mean for solicitors?

In case you didn’t already know, 5MLD is due to come into effect on 10 January 2020. 5MLD will amend and strengthen the current Money Laundering Regulations (MLRs).

There is a danger that many firms will have overlooked 5MLD because their attention has been taken up by the implementation of the new SRA Standards and Regulations.

All firms – and individual solicitors, thanks to the new SRA rules – have a professional duty to comply with the AML regime if it applies to them.

Most SRA-regulated law firms (around 7,000) are already caught by the current MLRs. Having been disappointed by the profession’s apparent relaxed approach to AML, the SRA has set up an internal task force to target compliance with the MLRs. Statutory compliance with 5LD is not to be confused with the new SRA requirement to identify your client (Rule 8.1 of the Code of Conduct for Solicitors). That is a separate rule that applies to all work, regardless of whether it falls into the scope of the MLRs. It is an absolute minimum that all solicitors now have to follow.

(Yes, even litigators.)

5MLD is not as big a leap as the last overhaul in 2017. Here are the changes that will be most relevant to solicitors: 1. Expanding the requirement to conduct customer due diligence (CDD) on clients already known to you (e.g. when the client’s details change), and on companies and trusts (including proof of registration on mandatory beneficial ownership registers – the ‘PSC’ register at Companies House).

2. Additional due diligence requirements when dealing with high risk jurisdictions – including what is known as ‘super-enhanced due diligence’.

3. Reliable electronic verification systems are explicitly permitted to be used in CDD. 4. More certainty over PEPs – the government is required to give us information about the PEPworthy roles and positions.

5. Increasing transparency in beneficial ownership through expansion of the registration requirements for companies and trusts, and the availability for their inspection. This will include an obligation on solicitors to notify Companies House of any discrepancies between the official ‘PSC’ register and the information held by you.

But won’t Brexit mean that the EU’s AML regime becomes irrelevant?

Unlikely. We now know that 5MLD will be in force before the UK leaves the EU. Looking to the future, it is hard to envisage a scenario where the UK government does not at least keep in step with the EU’s rules on AML. In fact, the Sixth Money Laundering Directive (6MLD) is due to be implemented at the end of 2020. ■

A cautionary tale about reporting to the SRA A few weeks ago I received a panicked phone call from a solicitor’s firm. “We need your help. We have a problem,” said the Head of Compliance.

“We think one of our senior solicitors has done something really daft,” she continued, suddenly becoming uncharacteristically sheepish.

“Oh? In what way?” I replied, in my best attempt to elicit information through open questioning.

“Well…you’ll never believe this…it’s completely out of character, mind you…I don’t know what came over him really…”

Intriguing.

“He’s sent a witnessed document to the other side, which he simply can’t have executed properly because we – and the other side – know that the client is overseas at the moment. So they are suggesting that it has been falsely witnessed.”

Dramatic pause.

“What do we do?”

All this happened before the introduction of the SRA Standards and Regulations on 25 November 2019. Had the same happened now, the outcome might have been very different.

On the face of it, and without knowing the full facts, sending out a misleading document that purported to be witnessed could be an act of dishonesty. Dishonesty, if picked up by the regulators, will be taken very seriously as a breach of the SRA Principles and is more likely than not to result in a strike-off at the SDT.

time, solicitors are required to “report promptly…any facts or matters that you reasonably believe are capable of amounting to a serious breach…” (Para 7.7 of the Code of Conduct for Solicitors).

The words “promptly” and “capable of” are important here. They suggest that we should be making reports to the regulator before we have concluded our investigations.

The rules go on to say that we must “inform the SRA promptly of any facts or matters that you reasonably believe should be brought to its attention in order that it may investigate…” (Para 7.8 of the Code of Conduct for Solicitors).

“Should” is subjective, but clearly any suggestion of potential dishonesty is going to be caught.

Which means that the guilty party in our scenario would have, almost certainly, been reported by his firm, and thereafter subjected to a lengthy (and potentially costly) SRA investigation.

As it turns out, a fairly swift investigation showed that there was a completely innocent explanation. There was perhaps an element of recklessness and human error, but no intention to deceive. The other side accepted the explanation, and no harm was done.

Under the new rules, withholding a prompt pre-investigation report to the SRA would be much harder to defend. ■

Jonathon Bray Director

Jonathon Bray supports COLPs, COFAs and ABSs in risk and compliance.

The firm has a duty to report serious breaches to the SRA. However, as we all know, context is all. Facts matter. And to form a sensible conclusion about a person’s behaviour and whether something serious enough to report has in fact happened, one needs to conduct at least some investigation.

This is where the new reporting duties may cause some problems. For the first

HAMPSHIRE LEGAL 35

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Premium Plus Planning Environmental | Flood | Ground Stability | Energy & Infrastructure | Planning

 Report Details

 Subject Site

Address:

Requested by:

Sample, Sample

Sample

Grid Reference: E: 123456 | N: 123456

Date: 01/10/2019

Report Reference:

Report ID:

Sample

115125

 Professional Opinion 1.ENVIRONMENTAL

PASS

No further recommendations

2.FLOOD

PASS

Consideration(s): 2.03 Specialist Advice 2.06 Check Flood History

3.GROUND STABILITY

PASS

Consideration(s): 3.15 Consult Surveyor

4.ENERGY & INFRASTRUCTURE

PASS

No further recommendations

5.PLANNING

NOTE

Next Step(s): Applications Identified Telecom Application(s)

Air Quality Index: Some Polluted Areas (See 1.25) This page should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated with the property. The results should be disclosed to client and/or lender and/or insurer as appropriate.  A ‘Pass’ is given if no potential property specific risk has been identified.  A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, or if there are features nearby which some clients might consider could affect them.  A ‘Further Action’ is given if there is a potential property specific risk and a further action is advised.

In the event of a request to review the Professional Opinion based on additional information, or if there are any technical queries, the professional advisor who ordered the report should contact us at info@futureclimateinfo.com, or call us on 01732 755 180.

Regulated by RICS If you require assistance, please contact your Search Provider or alternatively contact FCI directly with your Report ID. Tel: 01732 755 180 | Email: info@futureclimateinfo.com | Web: www.futureclimateinfo.com

Planning  Report Details

 Subject Site

Address:

Requested by:

Sample, Sample

Sample

Grid Reference: E: 123456 | N: 123456

Date:

Report Reference:

Report ID:

Sample

115138

01/10/2019

 Planning Summary

Air Quality Index: Now available in FCI Premium searches 7

see section 1.03

11

see section 1.04

Extensions and New Builds

within 100 metres

Developments

within 750 metres

Change of Use

within 100 metres

Lawful Development Certificates

within 100 metres

Telecoms

within 250 metres

Uncategorised

within 100 metres

Planning Restrictions

within 250 metres

0 0 1 2

Identified

Regulated by RICS If you require assistance, please contact your Search Provider or alternatively contact FCI directly with your Report ID. Tel: 01732 755 180 | Email: info@futureclimateinfo.com | Web: www.futureclimateinfo.com

36 HAMPSHIRE LEGAL

-

see section 1.07

see section 1.08

see section 1.09

1.09

Conveyancing

Groundwater Flooding – The Delayed Deluge

T

he role of groundwater in providing secure water supplies and supporting a healthy surface water environment is vital. In recent years, England has experienced exceptional swings that have led from drought to groundwater flooding in as little as four months. This has been especially the case this winter in Hampshire, Dorset and Sussex as Tim Champney, Managing Director of Future Climate Info, reports.

What is Groundwater Flooding?

Groundwater is a general term that refers to any water found beneath the surface that fills pores or cracks in the underlying soil and rocks. It is most commonly found in low-lying areas underlain by aquifers, such as chalk or sandstone, or localised sands or river gravels in valley bottoms.

Because of its subterranean existence, it is not normally “seen”, emerging only in extreme circumstances. The mechanisms and drivers that create rising groundwater conditions are complex and vary locally. Because it can appear alongside river and surface flooding, it can often be confused as being the same thing when it isn’t.

Chalk represents the main aquifer risk, covering large areas of eastern and southern England. The Test and Meon River valleys in Hampshire and the Winterbournes in Dorset are important examples of this resource. The aquifer can measure hundreds of metres in depth in places. It is this that makes it such a precious store of water supplies for the populous south, but can also be a curse. Persistently wet winters, such as right now, mean that flood levels can be easily reached and could continue to flood well into spring.

What are the impacts of Groundwater Flooding?

Once flood water reaches the surface it will find its own often indiscriminate route. Some flows will follow usually dry valleys, or it could just seep out where the chalk meets a more impervious clay layer. As it travels to the surface, it can also ingress to basements, tunnels and sewer networks. Any cracks in pipes can then suffer severe water damage that can disrupt supplies or create potential effluent contamination. On new developments with sustainable drainage systems (SuDS), it can also interrupt and overload drains and ponds.

It is the severity and duration of groundwater flooding on property assets versus other types of flooding that is its distinctive hallmark. Locally, properties can be affected by fluctuating high levels of groundwater for many weeks, with no way of drying out.

A river or surface flood tends to be immediate, severe and then recede allowing for a quick response. Groundwater sometimes does not give that option. On farms, persistently high groundwater levels can strip soil nutrients and render whole fields redundant for weeks.

What is happening with Groundwater this winter?

Through Christmas and into New Year, groundwater levels in

southern England rose dramatically following heavy rainfall.

Given the accumulations from a wet autumn, levels have now reached notably or exceptionally high levels compared to the trend. Storms Ciara and Dennis have supercharged the situation in February and there are now extensive groundwater flooding warnings across Dorset and Hampshire.

Further rain on already highly responsive catchments may prolong the problems. In Hambledon, Hampshire the Environment Agency (EA) continues to advise property owners with basements to remain vigilant as further weather systems could raise water underneath houses.

With 5 months of consecutive above average rainfall in Hampshire, the EA and Flood Forecasting Centre (FFC) are predicting rises in groundwater levels will remain high with the threat of flooding likely for the rest of the winter. They monitor boreholes levels up to 60 days in advance, given the lag in flood incidents after rainfall events. Alerts can be provided to residents to take action and maintain resilience.

Identifying Groundwater Risks in Conveyancing Transactions Groundwater can be challenging to advise on as an environmental risk in property search due diligence. As a conveyancer, key things to ask your client to look out for include: ■ A local history of groundwater flooding – especially any evidence of damage and repair from 2000/01 and 2013-14 and, perhaps, right now.

■ Located on a permeable unconfined aquifer, river floodplains or low lying area ■ Has a basement or subterranean room (especially in London) ■ A nearby feature, like a local spring-fed ponds ■ An history of cellar pumping A More Forensic Risk Analysis Understanding groundwater risk is important as many insurance policies exclude groundwater as “local flooding”. The EA has a basic map of groundwater risk at 1km resolution, which is not good enough for property searches.

The Future Climate Info environmental search and flood search reports contain groundwater flood risk data at a 5m resolution. While this shows a far more granular level of detail, it is important to remember that geology and processes are complex and highly local.

Where a groundwater risk is highlighted, our flood data partners at JBA can then undertake a more forensic Flood Review.

They can also provide on–site assessments to identify flow paths, flood mechanisms and local ground conditions that may impact flooding.

For more information on Future Climate Info’s environmental risk reports with JBA’s unique Flood Review service, contact us on 01732 755 180 or email info@futureclimateinfo.com ■

HAMPSHIRE LEGAL 37

Conveyancing

Conveyancing in 2030

– looking to an electronic future As we enter a new decade, the Council for Licensed Conveyancers (CLC) is looking to the future.

Conveyancing 2030: A Discussion Paper, draws on discussions we have had with conveyancers, software developers, mortgage lenders, academics, entrepreneurs, HM Land Registry, the Ministry of Housing, Communities and Local Government and consumer groups.

The CLC has looked towards a world that is far enough away to be hard to predict in detail, but close enough in time to know that we need to start making preparations soon.

Conveyancing 2030 predicts the role of the conveyancer is undoubtedly going to change as much of the administrative side of the role becomes automated over the coming years.

I think many lawyers will be heartened by the prediction that there will be a greater focus on advisory work as the market changes and that it can be used to create a point of differentiation.

Conveyancers will bank both time and cost savings, to be reinvested in improving the quality of service, upgrading technology and ensuring cyber security.

The paper sees property lawyers focusing on advisory work where the quality of service – as rated by external comparison or feedback websites – will be decisive in where instructions go.

It finds that “as the role changes, property lawyers will need to invest in training and skills acquisition for themselves and their staff. Soft skills such as communication skills, listening skills, and empathy will become ever more important as the ability to build relationships becomes even more central.”

“Technology will radically improve transparency for consumers about what they are buying and the progress of their transaction.

Because of the Internet of Things, properties will maintain up-todate logbooks with little human intervention,” it says.

Upfront information about a property at the point of marketing – rather than waiting until later in the process for it – will be key to this.

The paper traces how the conveyancing process has and will continue to change, and highlights a range of questions that everyone involved – regulators, lawyers, estate agents, lenders, technologists and others – will have to grapple with to ensure that consumers benefit from it.

While the paper does not try to provide answers to all of the issues identified, it seeks to highlight areas the CLC believes will need consideration by regulators, those in conveyancing and the wider stakeholders who will affect and influence how conveyancing will develop.

Key questions for the industry include whether Government should mandate the move to electronic conveyancing, rather than wait for incremental change, whether the law firm model

38 HAMPSHIRE LEGAL

will need to evolve to survive, and the extent to which regulators might need to regulate technology in addition to lawyers.

Conveyancing 2030 stresses how central data will become, delivering a ‘single source of truth’ on a property. But what needs to change to ensure all parties can trust the data? Who will validate the information and who becomes responsible if that data is incorrect or something goes wrong?

While we can predict certain shifts in the market with confidence – in particular the inevitable move to electronic conveyancing – how they play out over the next decade remains uncertain.

With so much work going on to improve and reform the process, we think now is the right time to take a wider view on what this all means in the long term and how we can ensure that the home buying and selling process works best for consumers, service providers and ultimately the UK economy.

We do not claim to have all the answers but with change coming it is vital that we as a regulator and the community we regulate are thinking about how we make sure we are ready for what future developments may bring. I hope this report will fuel a discussion across the property industry and that conveyancers themselves will grasp the opportunity to shape their future.

The discussion paper explores six areas for future developments and readers are encouraged to join in developing the thinking and contribute to shaping what conveyancing may look like in 2030.

This is the beginning of a discussion and we hope that all conveyancers will want to be part of it. You can find the discussion paper on our website at https://bit. ly/2O7Oum6 and you can have your say by emailing Conveyancing2030@clc-uk.org or completing an online form at https://bit.ly/2S23x21 ■

Dame Janet Paraskeva

Chair, Council for Licensed Conveyancers (CLC)

Software

Making Tax Digital is forcing firms to review their outdated legal IT systems Y

ear one of Making Tax Digital ends this April. Firms may be using bridging software, provided by their IT supplier, to meet electronic VAT filing requirements. This solution was only ever a temporary measure. It does not deal with other elements of MTD like digital record keeping.

Entering year 2 after April, firms can face a financial penalty if HMRC considers a practice has not been making enough of an effort to comply with MTD. What does this mean for law firms?

Firms operating the oldest systems are most likely at risk of a penalty and may now consider their next steps. Software developers are investing in their current platforms, making them MTD-compliant.

A firm is advised to look at the whole of market and not just take the word of its existing supplier.

Firms invited by their supplier to upgrade are advised to; 1. Understand the time needed to plan for a new system The average time from an old system to new is 3-6 months – doing nothing is not an option.

2. What’s really on offer from the existing supplier?

Ask for a proposal of what the supplier’s deal is. What are the costs, is any ‘special offer’ time limited and what if you choose not to take up the offer?

3. Discuss within the firm your needs from any new IT software Don’t assume your existing supplier knows what’s best. There’s no point paying for great functionality that won’t be used.

4. Which developers offer a migration path from your existing system?

Find out about other suppliers with a good track record of migrating from your current system to theirs. With years of historical data, live matters and finance records, it’s inconceivable to re-enter data manually in exchange for successful migration.

5. How can I believe what a software company tells me?

Look for third party indicators, like awards or accreditations to support claims about the quality of product and service?

Finally, if you’re unsure about the questions or fearful of understanding the responses, seek advice from a legal IT expert. ■

Tim Smith

Technical Director at Insight Legal

190x136mm Making Tax Digital Ad 14/01/2020 16:45 Page 1

HAMPSHIRE LEGAL 39

Legacies

Angus...

At 16 years old, Angus the Jack Russell Terrier was the oldest resident at Dogs Trust Ilfracombe when he arrived after his owner sadly passed away. Thankfully his owner had signed up to Dog’s Trust’s Canine Care Card, a free service that aims to give owners peace of mind, knowing that Dogs Trust will look after their dog if the worst should happen. He has now been rehomed to the perfect family where he will spend his golden years!

Elise Watson, Rehoming Centre Manager at Dogs Trust Ilfracombe, said: “Many dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. However, the Canine Care Card scheme offers reassurance to dog owners, and also helps to ease the minds of friends and family during what is already a distressing time. But it means you can rest in the knowledge that your dog will be cared for after you die and just like Angus, will go on to find loving homes that are right for them.”

Canine Care Card holders receive a wallet-sized card which acts in a similar way to an organ donor card and notifies people of their wishes for their dogs, should anything happen to them.

Dogs Trust works hard to match every dog with a responsible, loving home. If for any reason a dog takes a while to be rehomed, owners can rest assured that Dogs Trust never puts a healthy dog to sleep and will care for them for the rest of their lives.

If you would like to request Canine Care Card forms that you can give out to your clients please call 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 334414. ■

Who’ll keep him happy when your client’s gone?

We will – as long as your client has a Canine Care Card. It’s a FREE service from Dogs Trust that guarantees a bereaved dog a home for life.

At Dogs Trust, we never put down a healthy dog. We’ll care for them at one of our 20 rehoming centres, located around the UK. 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. So contact us today for your FREE pack of Canine Care Card leaflets - and make a dog-lover happy.

Call

020 7837 0006

Or e-mail

today

ccc@dogstrust.org.uk

Or write to: Freepost RTJA-SRXG-AZUL, Dogs Trust, Clarissa Baldwin House, 17 Wakley Street, London EC1V 7RQ (no stamp required) Please quote “334362”. All information will be treated as strictly confidential.

This service is currently only available for residents of the UK, Ireland, Channel Islands & the Isle of Man

www.dogstrust.org.uk Registered Charity Numbers: 227523 & SC037843

40 HAMPSHIRE LEGAL

Book Review

The Oxford Handbook of Fiduciary Law ‘A LAW UNTO ITSELF’: A SINGLE SOURCE OF GUIDANCE ON FIDUCIARY PRINCIPLES An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’, and Mediator.

O

ver an extremely wide spectrum of law – almost endless in fact you will encounter matters to which principles of fiduciary law must inevitably apply. The very word ‘fiduciary’ refers of course to – if you’ll pardon the expression – money! It’s obvious then, that fiduciary principles operate across both public and private law, from the highest levels of government and corporate activity, to everyday business matters and personal relationships in which financial issues loom large.

As pointed out by the erudite editors of this stunning new Handbook from the Oxford University Press, ‘fiduciary principles have become the subject of front-page news, high stakes litigation and vigorous political debate.’ Indeed, such principles ‘govern the workaday relationships that shape our daily lives.’

But should fiduciary law, which spans all legal disciplines, be regarded as a discipline in itself? The answer, as many might agree, should be a resounding ‘yes’, hence the timely publication of ‘The Oxford Handbook of Fiduciary Law.’ The idea for such a handbook apparently sprang from a conference at Harvard Law School in November 2017 at which the Handbook’s fifty-three contributors foregathered to discuss the theme of ‘Fiduciary Law: Charting the Field.’ Tribute here has been duly paid by Professor Tamara Frankel who introduced the notion that ‘fiduciary law should be understood as a cohesive field of study.’

The Handbook ‘arrives at an opportune moment,’ say the editors, ‘for the study and practice of fiduciary law’ having as its purpose, the provision of ‘a single source to which readers can turn for guidance on fiduciary principles across a host of substantive fields, jurisdictions and epochs.’

It’s further stressed that in its ‘breadth and depth of coverage’ produced by ‘a community of scholars,’ the Handbook ‘stands alone as ‘a uniquely authoritative guide to the current state of the law and scholarship in (this) field.’ Charting fiduciary law as a field, however, does require an understanding of why the law designates certain relationships as ‘fiduciary’, whether factbased (i.e. standards) or status-based (i.e. rules).

The Handbook’s forty-eight articles cover an amazingly broad range of topics. Coverage, for example, includes such areas as principles and duties, including duty of loyalty and duty of care.

Part III of the Handbook examines fiduciary law across history and across legal systems, including English Common Law, Canon law, Roman Law, Classical Islamic Law, Classical Jewish Law, Chinese, Indian and Japanese law and a lot more. There’s much to contemplate here.

Of particular interest to practitioners (on either side of the Atlantic) is the Handbook’s Part IV in which the focus shifts to the future of fiduciary law and theory, including the economics of fiduciary law, its philosophy, its social and moral norms and ultimately, ‘new frontiers in both private and public fiduciary law.’

Clearly, the transatlantic orientation of this Handbook effectively broadens its scope and there can scarcely be a lawyer or legal scholar anywhere who wouldn’t benefit by acquiring it.

The date of publication of this hardback edition is cited as at 27th May 2019. ■ Edited By Evan J Criddle, Paul B. Miller & Robert H Sitkoff ISBN: 978 0 19063 410 0 Oxford University Press www.oup.com

By Elizabeth Taylor & Phillip Taylor MBE of Richmond Green Chambers

HAMPSHIRE LEGAL 41

Notices

Burley Geach Solicitors LLP are seeking a

Burley Geach Solicitors LLP are seeking a

Residential Property Solicitor

Part-Time Family Practitioner

PQE 4+ years Competitive salary & benefits package

Minimum 3 years PQE Competitive salary & benefits package

Burley Geach Solicitors LLP, a leading provider of legal services in Hampshire and Surrey, is seeking an experienced residential property solicitor with a proven record of managing a busy residential property caseload.

Burley Geach Solicitors LLP is a leading provider of legal services in Hampshire & Surrey. Our well respected family department is seeking an experienced practitioner with a minimum 3 years PQE and a proven track record within family law for their office in Haslemere. They are looking for candidates who have an open and friendly approach with clients to undertake all aspects of private family law, financial remedy, divorce, children matters, pre-nuptial and cohabitation matters with an emphasis on finances. Full Resolution membership is preferable.

The successful applicant will work independently with minimal supervision and be responsible for a full range of residential property matters, including high net worth clients, from inception to post completion. At commencement they will assume responsibility for an existing caseload which they will encouraged to develop by building and maintaining appropriate contacts. The successful applicant will benefit from working as part of a strong property team consisting of fee earners and support staff which has an excellent reputation for delivering legal advice which is tailored to the individual needs of our clients.

If you are interested in this opportunity to join a long established firm providing a quality and personal service please send your CV to Angela Church at angela.church@ burleygeach.co.uk or by post to Burley Geach Solicitors LLP, 2 West Street, Haslemere, GU27 2AG.

Missing Wills Missing Will Original wills prepared and retained in May 2008 by Mr Ian Nelson of Nelson Nichols, 36a London Road, North End Portsmouth PO2 0LN. SRA have no details of this firm or where original wills went.

Missing Will Richard Babington Clark 13 Court Royal Mews, Banister Park Southampton SO15 2TU DOB 06/04/1974. DOD 05/12/2019.

Missing Will Anthony Ronald Berry 162 Manners Road, Southsea PO4 QBG (Prev 3 Rowlands Castle, Horndean)

Applications by way of CV to Angela Church at angela. church@burleygeach.co.uk or by post to Burley Geach Solicitors LLP, 2 West Street, Haslemere, GU27 2AG.

AWD Legal Services Ltd are seeking a

Residential Property Conveyancer/Solicitor PQE 3+ years Competitive salary & bonus scheme AWD Law, a leading Hampshire Law Firm, are seeking an experienced residential property solicitor with a proven record of managing a busy residential property caseload to head the Conveyancing Department The successful applicant will work independently with minimal supervision and be responsible for a full range of residential property matters, including high net worth clients, from inception to post completion. They will be encouraged to develop a new caseload by building and maintaining appropriate local contacts. The successful applicant will benefit from working as part of a strong, established firm, which has an excellent reputation for delivering expert legal advice which tailored to the individual needs of our clients.

If you are interested in this fantastic opportunity to develop and run your own department please forward your CV by email to pawl@awdlaw.co.uk or send by post to AWD Law, 4 The Potteries, Wickham Road, Fareham, Hampshire, PO16 7ET.

Locum available for Family / Matrimonial Work Miss Vivien Manfield, Solicitor Admitted 1981, Resolution Accredited Family Specialist January 2006 – January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for short term assignments. Tel: 01962 853930 or email vivienmanfield@yahoo.co.uk for more information and CV.

42 HAMPSHIRE LEGAL

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