27 minute read
Education
Where Opportunity Reigns
King 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 SOUTHAMPTO N
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 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.
Meoncross students constantly achieve GSCE results significantly above national averages at the end of Year 11. In their 2019 GCSE results:
■ 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+.
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.
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.
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.
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. ■
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.
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 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.
Premium Plus Planning Environmental | Flood | Ground Stability | Energy & Infrastructure | Planning
Report Details
Subject Site
Address: Sample, Sample
Grid Reference: E: 123456 | N: 123456
Report Reference: Sample
Requested by: Sample
Date: 01/10/2019
Report ID: 115125
Professional Opinion 1.ENVIRONMENTAL No further recommendations PASS
2.FLOOD Consideration(s): 2.03 Specialist Advice 2.06 Check Flood History
3.GROUND STABILITY Consideration(s): 3.15 Consult Surveyor
4.ENERGY & INFRASTRUCTURE No further recommendations
5.PLANNING Next Step(s): Applications Identified Telecom Application(s) PASS
PASS
PASS
NOTE 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
Address: Sample, Sample
Grid Reference: E: 123456 | N: 123456
Report Reference: Sample Requested by: Sample
Date: 01/10/2019
Report ID: 115138
Planning Summary
Extensions and New Builds
Developments
Change of Use
Certificates Lawful Development
Telecoms
Uncategorised
Subject Site
Air Quality Index: Now available in FCI Premium searches
7 within 100 metres
11 within 750 metres
0 within 100 metres
within 100 metres 0
within 250 metres 1
within 100 metres 2
within 250 metres Identified see section 1.03
Groundwater Flooding – The Delayed Deluge
The 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 ■
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.
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)
Making Tax Digital is forcing firms to review their outdated legal IT systems
Year 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.
190x136mm Making Tax Digital Ad 14/01/2020 16:45 Page 1 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
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.
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
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.
Over 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