HampshireLegal THE OFFICIAL JOURNAL OF THE HAMPSHIRE LAW SOCIETY
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MARCH 2022
Success from support Plus ■ HILS Annual Dinner ■ HILS Charity Quiz ■ HILS CPD Programme
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PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey
Contents 05
SALES DIRECTOR Karen Hall
2022
MEDIA No. 1886
10 Hampshire Law
PUBLISHED March 2022 © Benham Publishing Ltd.
11 Happenings
in Hampshire
12 Hampshire Law
Society presents the Annual Quiz 2022
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.
COVER INFORMATION Photo by RODNAE Productions from Pexels.
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Copy Deadlines For the June 2022 edition
Editorial Anyone wishing to submit editorial for publication in Hampshire Legal please contact Nicola Jennings before the copy deadline. administration@hampshirelawsociety.co.uk
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13th May 2022
Advertising Anyone wishing to advertise in Hampshire Legal please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com
Society Annual Dinner & Awards 2022
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DISCLAIMER The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.
Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
President’s Review
08 CPD Programme
STUDIO MANAGER Lee Finney
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.
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-Signatures E – risks and rewards for law firms
ews from your N Law Society Council Representative
Book Review
0 things to support 1 each other in the workplace
Follow us on social media @hampshirelawsoc https://www.linkedin.com/company/hampshireincorporated-law-society/ HAMPSHIRELEGAL | 3
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INTRODUCTION
President’s Review MARCH 2022
Mo Aldridge
W
ell two and a half months in and we have been extremely busy – which must be good news. Renewals were sent out for our annual membership and we have a discounted rate if you renew or sign up before 31 March 2022 so now is the time for action. I attended a Southern Area Association of Local Law Societies (SAALS) all day conference in January which was very informative and helpful. All the southern regional law societies are experiencing the same challenges that face HILS. It was a useful opportunity to share our knowledge and what things have worked and what things have not. Learning from each other’s victories and failures gives all of us an opportunity to grow and bring new ideas to the table. I have been very busy with some of our dedicated committee members planning events for the year. We are excited to be able to share dates for our upcoming Quiz which is always a well attended and extremely enjoyable evening – this is on Thursday 31 March 2022 at The Grand Café. We have also been able to book our speaker and date for our annual dinner, another extremely popular event and more details are contained on both the Quiz and Annual Dinner within this issue. I have been working hard on our social media engagement and have re-invigorated the HILS profiles on Facebook, LinkedIn and Twitter. Please look us up and connect. I would love for our members to become more involved and send me useful and interesting information so that I can share it across these mediums as we can reach a very wide audience this way.
Our lecture series goes from strength to strength and we are looking to broaden the topics covered from the ‘pure’ CPD driven lectures to covering solicitors accounts rules, secretarial work, PII, GDPR and more. Our big coup is that we have managed to agree with the President of the National Law Society to come to Hampshire for a visit. We will be putting on some ‘fireside’ chats with her where we hope we will be able to start conversations with Trainee Solicitors, Junior Lawyers, Senior Partners and everyone inbetween. We are looking at putting on 3 different events on the 03 May 2022 where there will be the opportunity to interact with her and other members of the Law Society to ask our questions and to engage with them as to what they do for us and what they can do for us as a profession. We hope you will be a part of this and join us at one of the events. Thank you to the committee who are all busy working hard to make the above happen and further planning for more events in the year. If you have any interest in joining the committee or any ideas for further items then please get in contact. ■
Mo Aldridge
President Hampshire Law Society
HAMPSHIRELEGAL | 5
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Land Farms and smallholdings, woodland, grazing and leisure land (including ponds, rivers and fishing lakes).
Local Knowledge - National Coverage
HLS CONTACTS
Hampshire Law Society Contacts The following is an up-to-date list of committee members’ names and addresses and the sub committees to which they belong
President Mo Aldridge Jasper Vincent 44 Queensway, Southampton SO14 3GT Tel: 023 8063 3225 maldridge@jaspervincent.com Vice President Tom Mitchell Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF Tel: 02380 820465 tom.mitchell@trethowans.com Deputy Vice President TBA Honorary Secretary Ian Robinson Churchers Solicitors 13-18 Kings Terrace, Portsmouth PO5 3AL Tel: 0239 288 2001 Fax: 0239 286 2831 irobinson@churchers.co.uk Honorary Treasurer Tom Mitchell Trethowans Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF Tel: 02380 820465 tom.mitchell@trethowans.com
Immediate Past President James Gleisner Law Society Council Member Adrienne Edgerley Harris Shentons Star Lane House Staple Gardens Winchester SO23 9AD adrienneedgerleyharris@gmail.com Administrator Nicola Jennings Tel: 023 8044 7022 administration@hampshirelawsociety.co.uk Complaints Tom Mitchell tom.mitchell@trethowans.com
Contentious Russell Evans russell.david@yahoo.co.uk Kevin Richardson Non Contentious Matthew Robbins PR (inc Social) Mo Aldridge (Chair) maldridge@jaspervincent.com Sarah Hallett Regulatory Adrienne Edgerley Harris (Chair) adrienneedgerleyharris@gmail.com Ian Robinson Sarah Huck
Education & Training Tom Mitchell Membership Sarah Coates
Follow us on Twitter @hampshirelawsoc Follow us on LinkedIn https://www.linkedin.com/ company/hampshireincorporated-law-society/
HAMPSHIRELEGAL | 7
CPD – TRAINING
CPD Programme 2022 W
e have successfully moved our CPD programme online and offered access to other free CPD from our providers, clients and local chambers etc. This has proved popular with many of you and is something we plan to continue to offer certainly in the short term. There are a number of other things in the pipeline including some more general legal updates and one day conferences (which will be face to face). If you can help in any way with speakers, topic suggestions or venue space, this all keeps out costs down and provides the opportunity to reduce our delegate rates. SDLT PART 2 Date: Tuesday 5 April 2022 Time: 1500-1630 Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker. There are three main topics: 1. Three case studies. One is based on an actual transaction for the purchase of five properties for less than £700,000 and involves the current rules on dilapidation, mixed-use and MDR. One is an extended version of a house purchase story I mentioned briefly a year ago. It raises issues over the higher (15%) SDLT rate and non-resident surcharge. The final study illustrates some current issues with mixed-use. 2. HMRC has issued a consultation on major changes to SDLT on mixed-use transactions and the reform of multiple dwellings relief (MDR). Even though we do not yet know what the changes will be, or when they will come into force, we can discuss a range of possibilities. The proposals aim to stop artificial claims, but they also shake up other rules. 3. A review of the latest SDLT cases. CONVEYANCING PART 2 Date: Tuesday 10 May 2022 Time: 1500-1630 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. Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.
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PROBATE LECTURE Date: Tuesday 17 May 2022 Time: 1500-1630 Kerry Morgan-Gould. Kerry is a Partner and Head of the Trusts & Estates Team at Ashfords LLP. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to contentious Court of Protection matters. LEGAL UPDATE: CHILDREN, MONEY & FAMILY LAW IN GENERAL Date: Tuesday 7 June 2022 Time: 1500-1630 HHJ Simmonds, former solicitor and member of the children panel – appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money. PROPERTY LECTURE Date: Tuesday 5 July 2022 Time: 1500-1630 Edward Denehan is recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.”He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land”. VENUE Unless otherwise notified all lectures take place on Zoom from 1500-1630. The programme will be updated once additional information received distributed via email and in the quarterly magazine. You can find more detail on each lecture on our website:
www.hampshirelawsociety.co.uk
CPD – TRAINING
FEES & BOOKING 1.5 hour lecture: £35.00 (Non-Member: £50.00). All lectures will take place via Zoom for the foreseeable future. The link will be provided in the days prior to the event. Handouts will be emailed prior to each lecture.
TERMS & CONDITIONS ■ A ll applications will receive a written confirmation of booking. ■ Payment can be made securely online or is required with the registration form. No places can be reserved without payment. ■ Booking is subject to availability of places. ■ Delegates may be substituted at any time with an appropriate additional payment for any non-members. ■ HILS accepts no responsibility for the views or opinions as expressed by the speakers, chairman or any other persons at the event. ■ HILS reserves the right to alter the venue, programme and the speakers at any time. ■ Claiming the member rate remains the responsibility of the claimant however HILS will ensure that you are charged the appropriate fee once membership status checked.
Your membership also entitles you to attend online seminars run by some of our neighbouring law societies – check the website for details.
Maternity Cover Burley Geach Solicitors Salary: Competitive Location: Petersfield/Liphook Application Email Address: nicola.mercer@burleygeach.co.uk Burley Geach Solicitors are looking for two experienced Residential Conveyancing Executives PQE 2 years +. One permanent position and one to cover a period of maternity leave. The successful applicants will be used to dealing with a busy caseload from inception to post completion, they will have secretarial support and general support from the wider conveyancing team but will largely work independently. Must have a proven track record of managing their own busy caseload to a high standard and references to support this will be required. ■
Private Client Solicitor Burley Geach Solicitors Position: Full-time Location: Flexible Burley Geach Solicitors LLP is a leading provider of legal services with offices in Hampshire and Surrey with an excellent reputation for delivering legal advice which is tailored to the individual needs of our clients. Our private client department is now seeking to appoint a further solicitor on a full-time basis. The position requires someone who works well independently but will contribute to and learn from being part of a team. The successful applicant should have 3+ years PQE and be able to deliver a full range of private client services to the firm’s clients including will drafting, probate and estate administration, inheritance tax planning and trusts, and lasting powers of attorney. On offer is a competitive package, a varied and interesting caseload and the autonomy to grow and develop that caseload. Where this involves more complex matters further training together with full support and guidance from the private client team will be provided. If you are interested in this position and share our commitment to providing personal, high quality legal services we would love to hear from you. Please send CVs to Nikki Mercer (nicola.mercer@ burleygeach.co.uk) or call on 01428 656011 for more information. ■
HAMPSHIRELEGAL | 9
HILS EVENT
Hampshire Law Society Annual Dinner & Awards 26th May 2022 | Hilton Hotel, Ageas Bowl, Hedge End
H
ampshire Law Society warmly invites members and their guests to the 2022 Annual Dinner & Awards, the leading black tie event in the local legal calendar, on Thursday, 26th May. This memorable evening will take place at the prestigious Hilton at the Ageas Bowl. The dinner will be held in the Ballroom, a sumptuous 3 course meal prior to the entertainment and presentation of the Legal Awards 2022. Following the dinner, we will award the winners of the 4 categories. Please get your nominations in by the 28 April. A quality after dinner speaker has been booked. Alan Chambers MBE is a British Polar Adventurer and Expedition Leader. Chambers planned and led Britain’s first unsupported team to walk from Canada to the Geographical North Pole. Following significant challenges, including the evacuation of team members, frostbite and hunger, the group raised the Union Jack on top of the world just before midnight on the 16th May 2000. The expedition lasted a gruelling 70 days. Even with meticulous planning, the unpredictable quickly reminded Alan and his team of their humanity. Alan’s team suffered near starvation and a dwindling fuel supply while trekking 500 miles against the worst weather in over a century. They completed what some said was impossible. Alan’s team suffered near starvation and a dwindling fuel supply while trekking 500 miles against the worst weather in over a century. They completed what some said was impossible.
The 2022 Dinner should provide an ideal opportunity to entertain guests and colleagues plus plenty of networking at this prestigious venue.
There will be fundraising and a raffle in aid of the President’s chosen charity Naomi House & Jacksplace Price: £50.00 per head | Table of 10: £475.00
Kindly sponsored by
The Annual Dinner is the most prestigious event in the Law Societies calendar so book your places now. Numbers are limited so don’t miss out and book today!
www.hampshirelawsociety.co.uk 10 | HAMPSHIRELEGAL
HAPPENINGS IN HAMPSHIRE
Capsticks awards star employees who put people first, do the right thing and are forward-thinking
Mediator Russell Evans judges Mediation Competition at IDRC A
fter nearly 2 years Online in the wake of the coronavirus pandemic mediator Russell Evans was again appointed to judge the Worshipful Company of Arbitrators Mediation Competition at the new International Dispute Resolution Centre. The competition took place between 21st and 23rd January 2022 and was eventually won by 39 Essex Chambers who beat Linklaters LLP in the grand final. The IDRC moved from its former premises in Fleet Street to its much grander premises in Paternoster Lane opposite St Pauls late in 2021.
Sarah Huck
O
n 9 December 2021, Capsticks held its annual “Star Awards” ceremony. The focus this year was to celebrate Capsticks’ refreshed strategy and values which will guide the firm until 2025.
Russell Evans who was recognised as a leading Dispute Resolution Expert by the Global 100 in 2021 was also named as UK Mediator of the Year. He has also been shortlisted for a further award in 2022. Russell has built up a national reputation in resolving highly emotive contentious probate, tolata, commercial and partnership disputes. He has acted for FTSE companies, government agencies, professional partnerships, national charities and a number of religious institutions including the Church of England. ■
Senior Partner Rachael Heenan and Managing Partner Martin Hamilton awarded over 100 members (out of more than double the nominations) for going above and beyond in demonstrating the values of: People first: How we treat clients and each other says everything about who we are. Decency, respect, fairness and inclusion are what we live by. Doing the right thing: We review all angles and challenge ourselves to do the right thing, even if the right thing isn’t easy. Forward thinking: We listen and proactively plan for what’s ahead, seeking new ideas and being thoughtful to the needs of the people we work with. The values reflect Capsticks’ identity and the organisations they work with, focussing on the support provided to each other during the past 18 months and how to continue to evolve to be even better. Capsticks’ and HILS’ own Sarah Huck received a Star Award for upholding the value of People first, alongside others who are also outstanding in delivering what is important to the firm and its clients.
Mediator Russell Evans with Nicola Cohen Chief Executive of the Academy of Experts.
Capsticks’ ceremony took the format of a chat show, which saw team members presenting the awards in the roles of Lady Gaga, Freddie Mercury and Dolly Parton to name a few. ■
HAMPSHIRELEGAL | 11
HILS EVENT
Hampshire Law Society presents the
Annual Quiz Thursday 31st March 2022 Grand Cafe South Western House, Southampton 6.30 for 7.00pm Join your colleagues and challenge your brain!
I
f you feel you want to prove you can beat your peers, then come along to the Hampshire Law Society charity quiz night. Teams of 6 which can be made up of colleagues or friends will compete against each other in 6 rounds of questions (which will not be on legal topics). Teams can be made up on the night if you are short on numbers.
Kindly sponsored by
The entry fee for each team of 6 is £80.00 (Or £14.00/hd). There will be prizes for the champion team and consolation for the losers. There will be spot rounds, a cash bar and a buffet included during the evening. The event which will be held at the Grand Cafe, South Western House is open to all. Please contact Nicola Jennings on 023 8044 7022 administration@hampshirelawsociety.co.uk
Any proceeds from the night will be donated to the President’s Charity, Naomi House & Jacksplace. 12 | HAMPSHIRELEGAL
HAPPENINGS IN HAMPSHIRE
Jamie Earley
T
rethowans’ corporate team in Southampton has assisted in a $1.4bn international deal involving special purpose acquisition company Trebia Acquisition Corp., which saw System1, LLC become a publicly listed company on the New York Stock Exchange under the ticker “SST”. The listing took place on 27 January 2022.
Trethowans involved in $1.4bn international deal Trethowans’ team, led by corporate senior associate, Jamie Earley, advised JDI & AFH on the English law aspects with respect to Protected.net’s involvement in the deal, in particular the share for share exchange arrangements as part of System1 and Protected.net combining with Trebia.
Immediately prior to the listing, System1 combined with UK entity Protected.net Group Limited, which develops and distributes security and privacy subscription products. Trethowans acted for JDI & AFH Limited, a new company formed on behalf of longstanding client Just Develop It, an investment firm that owned a majority stake in Protected.net Group.
“We always get a rush working on large scale transactions and this one was no different,” said Jamie. “As it was a complex, international transaction, we worked closely with US law firm Latham & Watkins LLP, who represented System1’s management, as well as Greenberg Glusker who represented our client on the US aspects of the deal. Through close cooperation, we were able to provide a consistent, joined-up approach and close this deal.”
JDI & AFH’s shareholders, along with System1 management, will maintain majority ownership in the listed entity. The transaction is the largest transaction that Trethowans’ corporate team has been involved in, to date.
Dan Richards of JDI & AFH commented on Trethowans: “We have worked with Jamie and the Trethowans’ team on many transactions and we value their timely advice, diligence and professionalism. This time was no different.” ■
Tom Barrett, Chris Phillips, Billy Thomas and Nick Baker HAMPSHIRELEGAL | 13
HAPPENINGS IN HAMPSHIRE
Five promotions for award winning Hampshire law firm C
hurchers Solicitors has today announced promotions for five staff based within their south coast offices. The award-winning law firm has seven offices across the south coast and is passionate about supporting new talent in the legal industry.
Jessica Measham from the wills & probate team in Cosham has been promoted to Partner, making her one of the youngest Partners in the firm’s 150 year history. Jessica joined the firm in 2012 as a paralegal, before commencing her solicitor’s training contract in 2013. Jessica graduated from the University of Southampton with a First Class Honours Degree in Law. Qualifying as a solicitor in 2015 she took up a seat in the Wills and Probate Department. In 2015, Jessica was awarded Isle of Wight Law Society Junior Lawyer of the Year, she has also qualified to become a full member of The Society of Trust and Estate Practitioners (STEP) in 2017. Louise Jack from the child law team in the Cosham office has been promoted to Associate. Louise joined the firm in September 2015 as a Trainee Solicitor. She qualified as a solicitor in 2017 and specialises in Children Act matters, and undertakes a wide variety of private and public law cases with an interest in advocacy. Louise is also an accredited member of The Law Society’s Children Law Panel. Emily Manley from the wills & probate team in Lee-onthe-Solent has also been promoted to Associate. Emily qualified in January 2016 after having spent 15 months of her training contract in the Wills and Probate department and has worked exclusively in this area of law ever since, she has also qualified to become a full member of The Society of Trust and Estate Practitioners (STEP).
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Maxwell Green from the commercial property team in Fareham has been promoted to Senior Solicitor. Maxwell studied law at Surrey University, graduating in 2009 and spent the beginning of his career at a Property Management company before taking up a training contract at a local law firm. He then joined Churchers in 2019 where he primarily deals with commercial property transactions, complex residential matters, lease extensions and equity release. Daniel Norris from the family team in Ryde has been promoted to Senior Solicitor. After joining Churchers as a trainee in November 2017, he qualified as a solicitor in November 2019. Daniel is now a very well respected member of the family team working with families and couples across the Isle of Wight. Churchers Solicitors, Managing Partner, Ian Robinson, said: “It is amazing to see how these talented solicitors have progressed since they first arrived at Churchers. Our aim is to support our team allowing them to grow and thrive in their chosen field of law. “The tenure and achievements of the Churchers team is a great testament to the firm but more importantly vital to the communities in which we operate.” ■
HAPPENINGS IN HAMPSHIRE
Clare Strachan
Anna Burdett
H
ampshire law firm Phillips Solicitors continues to grow from strength to strength by expanding its team with the recent appointment of Clare Strachan as a Legal Director in the Commercial Property Team, and Anna Burdett qualifying into the Employment Department after completing her Training Contract with Phillips. In March, Katy Gardener will join as the firm’s newly appointed Head of Marketing and Charlotte Botham will join as a Private Client Solicitor. Prior to joining Phillips, Clare Strachan practiced with Stevens & Bolton LLP in Guildford for seven years. She previously trained and practised in the City of London at leading international firms Olswang LLP and Nabarro LLP. Bringing with her a wealth of experience, Clare advises on a wide variety of commercial real estate transactions, including acquisitions, disposals, landlord and tenant matters and general asset management. She has acted for institutional investors, developers and significant corporate occupier clients, particularly in the retail and leisure, office and industrial sectors. Clare also has specialist experience acting for large corporate occupiers on their new site acquisitions and openings across the UK and advising leading owners and operators of advertising hoardings on their portfolio acquisitions, disposals and management. Anna Burdett has qualified into the Employment Law team this month, after completing her training contract with Phillips. Having graduated from Exeter University with a 2.1 in Law, Anna
Phillips Solicitors goes from strength to strength completed the Legal Practice Course (LPC) with distinction at the University of Law, Guildford, in 2019. Katy Gardener has previously worked as a marketing consultant for Phillips, presenting on marketing strategy and its online footprint. Katy’s previous marketing career was focused online with global marketing for the West End theatres. In her new role, Katy will work on all marketing opportunities including the, shortly to be launched, new Phillips’ brand and website, as well as sponsorship opportunities and press exposure. Charlotte Botham was a commercial property lawyer with city firms Pinsent Masons and CMS for 10 years before taking a career break to raise her children. She returned to private practice in 2019 as a private client solicitor in a local firm. Charlotte will enjoy a split practice at Phillips, across private client and commercial property work. Phillips partner Jack Gardener commented: “We are excited to be expanding our talent pool within Phillips; Clare, Anna, Katy and Charlotte are great assets to our firm, and will bring a further boost to the excellent calibre of staff we have at Phillips. They are all fantastic additions to our growing firm, and I am very much looking forward to working with them.” It seems that Phillips have a talent of holding on to their staff! They are proud to have celebrated some long services awards in the past few months, ranging from 20 through to 40 years! ■
Jasper Vincent open a new office in Holbury
J
asper Vincent are delighted to announce that they have opened a new office in Holbury that will serve the surrounding area of the New Forest and Waterside. The firm are very excited to make the move from Blackfield to the Holbury area and the new offices allow for further expansion over the coming years. This office will cover all the same key aspects of law that the wider firm offers but specifically Residential Conveyancing and Wills, Probate and Trust work. Edward Kennard is based at the Waterside office. Edward is a Solicitor and has a particular interest in Will disputes in addition to his more traditional Private Client work. Edward can be contacted at ekennard@jaspervincent.com.
Our new Waterside office contact details are: Jasper Vincent, Waterside, Unit 1 Chevron Business Park, Lime Kiln Lane, Holbury, Southampton, Hampshire, SO45 2QL. Telephone: 023 8089 0919. ‘We are thrilled to have moved in to new offices in the Waterside area, particularly after what has been a very hectic and stressful 24 months for everyone, it is wonderful to be based in bespoke offices and to be able to engage with a local client base’ – Mo Aldridge (Solicitor and Partner) ■
Mo Aldridge, one of the firm’s partners, will also be working out of this office, splitting her time between the Southampton and Waterside offices. Mo specialises in Commercial and Residential Conveyancing. HAMPSHIRELEGAL | 15
ARTICLE
E-Signatures – risks and rewards for law firms
T
he COVID-19 pandemic has given rise to a considerable increase in the use of e-signatures. Recently, the Execution of Documents Industry Working Group has published its Interim Report, which sets out best practice guidance that law firms can follow immediately. In this article, James Robins and Ivan Roots, who are specialists in professional risks, discuss some of the key points to consider when using e-signatures in legal practice. Authenticity, integrity & evidential weight E-signatures can take a number of forms, ranging from simply typing a name into a document or an email on the one hand to using sophisticated web-based e-signature platforms on the other. Other possibilities include using a finger and a touchscreen to write a name or pasting an electronic image of a signature onto a contract. These different forms of e-signature are not all equally secure and trustworthy, which will impact on their evidential weight if there is a dispute as to the authenticity or integrity of a document. Authenticity In this context, authenticity means: (a) is the person signing the document who they say they are?; (b) is the document accurately timed and dated; and (c) is it intended to have legal effect? For law firms, particularly those involved in high risk and high value transactions, digital e-signatures via e-signing platforms (such as DocuSign and Adobe Sign) will provide the greatest level of assurance that the signed document is authentic. The use of such a signing platform is recommended as best practice by the Industry Working Group. The Industry Working Group also recommend consideration of whether obtaining additional evidence to record the fact that the signatory is approving the document is necessary and/or appropriate. If the method of e-signing used could be considered less reliable or more susceptible to fraud, it will be important to consider what additional steps could be taken to safeguard the process. For example, the lawyer could make an appointment for a virtual meeting with the client for the specific purpose of signing the document live during the meeting using the e-signing technology. It will also be important to keep an audit trail of the process that was followed (and an old fashioned attendance note will be very useful here). This will help build an evidential case if the validity of the execution is challenged. Obtaining the written agreement of all relevant parties to use
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e-signatures at an early stage in any legal process will also assist if there is a dispute later as to whether there was an intention to execute a document using e-signatures. Integrity Integrity in this scenario means could the document have been tampered with either before or after signing? Again, a digital e-signature via an e-signing platform will offer the greatest level of assurance and provide a clear audit trail showing who signed the document, their email and IP address and the date and time of the signature, which the Industry Working Group cite as a reason for recommending their use. It will be very difficult for a signatory to successfully argue that they didn’t sign a document if the evidence shows it was signed from their computer, at their home, at a time they were there, though if a less secure method of e-signing is used, it will be important to take additional steps to record what was agreed to help build an evidential case if the validity of the execution is challenged. Practical recommendations for practitioners Client considerations Take care to ensure that the use of e-signatures, whilst speedy and convenient, does not result in any less care in ensuring that clients (especially less sophisticated clients) have been properly advised and fully understand the effects of the document they are signing. There will be some circumstances in which a face to face meeting with a client to ensure a complete understanding of the transaction before signature will be more appropriate, especially now this has become easier to do as the restrictions of the pandemic have been eased. Limitations on use Some documents still require a wet ink signature – one notable example being a will. Although the temporary legislation to allow for the remote execution and witnessing of wills which came into force during the early stages of the pandemic has been extended (it is now due to expire on 1 February 2024), the Government has decided not to allow the use of e-signatures of wills as part of this temporary legislation. It is also important to remember that some transactions have particular requirements (financing transactions for example require the use of a digital signature rather than a simple e-signature), and some authorities and registries, such as the Land Registry, have very specific requirements.
ARTICLE
In its 2019 report on e-signatures, the Law Commission concluded that the remote witnessing of other documents including deeds may not be permitted. However, the Industry Working Group suggests that certain types of e-signature may be used to sign a deed. If there is any uncertainty, very careful consideration should be given to use of e-signatures as there is a risk of invalidating the execution if the signature is not witnessed and attested properly. Consider whether a simple contract can be used instead of a deed, in order to make the execution process more straightforward. Build an evidential trail which could include instructing the witness to use the same device or wifi/internet server as the signatory so that you can check the IP address afterwards, or again an online or telephone meeting could be arranged and an attendance note taken.
agreement to use e-signatures at an early stage in the process will assist if there is a dispute later as to whether there was an intention to execute a document using e-signatures.
If a proposed signatory is a corporate entity, check that its constitutional documents do not prevent the use of e-signatures and that the individual signatory has authority to e-sign on the entity’s behalf. On the other hand, if the proposed signatory is a consumer or individual outside of a business context, it will be important to take appropriate steps to minimise any risk that the client does not understand the consequences of signing a document.
Plan ahead by identifying any risks and devising a plan for managing them. Advise the client of the same in order to mitigate against the potential exposure to a negligence claim if the transaction is subsequently challenged. Keep an audit trail, for example by saving a copy of the executed documents, the completion certificate if there is one, and any emails containing signing instructions so they can be found at a later date. Keep good file records and make attendance notes where appropriate. Finally, agree with the client and any third parties what the storage and retention arrangements will be. ■
How to manage the risks
Map out your process. There are a number of helpful resources to consider including several from the Law Society and a checklist produced by the Association of Corporate PSLs which sets out a non-exhaustive list of points to consider when arranging the electronic execution of corporate or commercial documents using an online platform. The Association of Professional Support Lawyers and London Property Support Lawyers Group has also produced a best practice guide for real estate transactions. Ensure that the signatories have been properly instructed on how to apply an e-signature.
Communicate. It is important to obtain the agreement of your client, the solicitor on the other side (if applicable) and any other stakeholders. As we have already said, obtaining written
James Robins (Partner) & Ivan Roots (Associate)
Naomi House & Jacksplace are our chosen Charity of the Year for 2022/2023
Jacksplace is the only hospice for young adults in the south of England. It is an environment perfectly suited to young adults and provides the independence, privacy and dignity they deserve. The hospice gives opportunities for the young adults to socialise and relax, whilst their complex medical needs are being met.
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Over the last three years, the average annual cost of delivering all the hospices’ plans and services is £8 million. The majority of the charity’s income comes from the generous donations of individuals, groups and companies. It is this dedicated fundraising that allows the hospices to offer its services free of charge and to continue to be there for families on good days, difficult days and last days. ■
aomi House & Jacksplace provide expert hospice care to life limited and life threatened children and young adults who have complex health care needs. Across the hospices, they support more than 550 families from central southern England. The hospices are there for the whole family and offer practical, emotional and spiritual support throughout their child’s life and after death. Naomi House nursing and medical staff provide specialist nursing care, enhancing short lives and helping families make the most of precious time with their children. In the hospice you will find a myriad of toys and games, a sensory room and spaces for music, art and messy play.
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HAMPSHIRELEGAL | 17
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Kingscourt School
Adventures await... Join us for a personal tour
kingscourt.org.uk 182 Five Heads Road, Catherington, PO8 9NJ 18 | HAMPSHIRELEGAL
Contact us to book: 02392 593 251 admissions@kingscourt.org.uk
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It is never too early to invest in your child’s education… I
t is never too early to invest in your child’s education. At Kingscourt School, young minds are inspired from the age of 2 years and 9 months in our Nursery setting to 11 years old at the top of our school. In amazing spaces, we combine outstanding teaching, with a love of the outdoors in an idyllic 25 acre countryside setting. At Kingscourt, they cherish childhood, and provide an excellent all round education. Kingscourt children are happy, confident, polite and resilient, prepared for the future challenges that lie ahead. Their commitment to small class sizes means no child gets lost, our incredible teaching team enables each child to flourish. Pupils consistently achieve significantly above the national average in well recognised National Progress tests. Kingscourt School benefits from being part of the Cognita Schools Group which currently has over 85 independent schools worldwide, with over 40 of these in the UK. 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. Its commitment is to ‘An Inspiring World of Education.’ Kingscourt knows that education isn’t just about great academic results. This Prep school works together with parents and the community to develop the potential of each and every child. Character education means every child develops a sense of wellbeing and self-belief. A fulfilling curriculum and exciting extracurricular activities helps build resilience, self-motivation, team work skills and a positive sense of achievement. These are essential building blocks for an enjoyable and rewarding preparatory education. The extra-curricular provision at Kingscourt is one of their many strengths, with opportunities for children to take part in a range of exciting and varied activities, from horse riding, sailing, dancing, instrumental lessons, cricket, netball, football, fencing, robotics, lego club, nature and craft clubs. There really is something for everyone within this dynamic programme, and children benefit from being able to experience brand new activities, as well as the chance to further develop skills in particular areas of strength.
At Kingscourt, they believe that every day is an Open Day, so to see for yourself what a Kingscourt education could do for your child, simply email admissions@kingscourt.org.uk or call 023 92 593 251 to make an appointment to see the school in action and a tour with their Head Teacher. ■
HAMPSHIRELEGAL | 19
REPORT
News from your Law Society Council Representative W
ith a few months of experience of attending Law Society meetings and speaking to staff there, I can tell you that there is a lot going on at The Law Society (TLS). The issue is that we don’t all hear about it. I will update you on the main pressing issues when they are released to me. I am finding my way around Chancery Lane, the numerous legal practice area committees and specialist committees with linked personnel, so I can take things up on your behalf. You are also welcome to email me on aedgerleyharris@shentons.co.uk if you have any questions. Engaging with us – a Hampshire President visit So, here’s some reassurance about helping you: those I have met from TLS are very mindful of the need to engage more with us, the members, and are enthusiastic about doing so. There is a policy in place to ensure you get the information you need when you need it and for bi-annual meetings to take place with local law societies. With this in mind, I have asked The President of The Law Society, I. Stephanie Boyce, to visit our area. I’m delighted to let you know that she has agreed to come to Hampshire to meet you. This will be in the afternoon and early evening of Tuesday, 3rd May. There will be more details in due course. Please hold the date.
Adrienne Edgerley Harris
Communication Key to better engagement between us and TLS is for TLS to have our current contact details. This sounds obvious. However, as the SRA holds your data, as opposed to TLS, it is not readily available for me and TLS to use and it would be most helpful if you could sign up to myLawSociety. Here is the link to register: www.lawsociety.org.uk/membership/ Responding to the SRA TLS has responded to two recent SRA consultations. The first is on the proposed closure of the Solicitors Indemnity Fund. The closure of SIF would mean that after the six-year run off cover that firms are required to have on closure, individual solicitors could be pursued for payment of any negligence losses. Whilst it might be easy to say, “my firm is not closing”, it may do so in the years to come after you have left or retired or it may merge with another organisation where the area of work you were doing is not taken on: you would then face potential personal liability. TLS has strongly opposed the closure of SIF planned for this September. The SRA’s conclusions will be published this Autumn – one hopes this will be before the planned closure date. You can read the full response on TLS website. The second consultation is on the fining powers of the SRA.
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The SRA proposed increasing their fining power from £2000 to £25,000. TLS has responded pointing out that the increased fees would exceed that which the Solicitors Disciplinary Tribunal can impose (and rarely does) and that the circumstances of the misdemeanour are relevant when considering a penalty. Again, the response can be read on the website. Criminal Legal Aid is also firmly on the Society’s agenda, following Sir Christopher Bellamy’s report recommending a minimum fee increase of 15%. Around 16 counties in 2021 had two or fewer duty solicitors aged under 35 – nearly double the number from three years before. We are waiting for the MOD’s response, which is due this March. Don’t forget, you can contact me on aedgerleyharris@ shentons.co.uk. ■
Adrienne Edgerley Harris To advertise in Hampshire Legal, please call Catherine McCarthy our Business Features Editor on 0151 236 4141 or email catherine@ benhampublishing.com.
20 | HAMPSHIRELEGAL
ADVERTISEMENT FEATURE
Steven Vallery DISCOVERING THE EMOTIONAL BENEFITS OF FINANCIAL ADVICE No two individuals share the same goals or ambitions. Each person is unique, with their own needs, targets and budgets. So when it comes to managing your money, building wealth, securing your future and, above all else, drawing up an effective plan for fulfilling your investment objectives, professional financial advice should be tailored to your unique specific needs. FEELING LESS ANXIOUS Having access to financial advice is strongly linked to feeling more secure and less anxious about money. According to the survey, around 3 in 5 people who have received financial advice report that they feel financially more secure and stable, compared with under half of those who have not received any advice.
Time to look at the “big picture” your background, and can help you adjust to whatever life has in store. Those people who have an ongoing relationship and receive regular financial advice are twice as likely to report feeling in control of their finances as people who do not. ■
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Managing Director S4 Financial Limited hello@s4financial.co.uk
Only 1 in 3 people who have received financial advice report feeling anxious about their household finances, compared with over 40% of those who haven’t. FEELING MORE CONFIDENT One of the key practical benefits of financial advice is that it gives you access to expertise on topics that are complex. This provides you with more confidence and increased peace of mind. People who have received financial advice report feeling three times more confident about their understanding of financial matters and products than those who haven’t. For example, areas that some people find confusing concern retirement planning and understanding their life insurance and critical illness options. Among those who have not received advice, around 1 in 4 people say they would not know where to start when it comes to the different options available to them. Among those who received advice, that number is fewer than 1 in 12. FEELING ABLE TO COPE IN A CRISIS The COVID-19 pandemic has left many people feeling less stable in their financial situation. 35% of those who have not received financial advice report feeling anxious about their finances, while 65% see the value in being more prepared for unpredictable events in life. Financial advice helps you prepare, plan and navigate any future shocks or crisis. And while you can experience the benefits of advice after just one meeting, it’s essential to receive ongoing advice over the long term as your situation and life goals change. This means your adviser gets to know you and HAMPSHIRELEGAL | 21
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MEONCROSS THE BEST SCHOOL FOR ME Leading Independent day school for boys and girls aged 2.5–16
At Meoncross School, we ensure each and every pupil has the individual attention they need to thrive and succeed both in and out of the classroom. Academic achievement is high, but so is our focus on wellbeing, as we know that happy children are achieving children. We nurture our pupils, and develop the characteristics and qualities we know they will need to build bright futures.
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We believe that at Meoncross, it should be all about ME – each individual child – YOUR child, what makes them unique and how we inspire, enthuse and guide them to be their best throughout their educational journey, and beyond... Please contact our Admissions team on 01329 666 017 or admissions@meoncross.co.uk to arrange a visit.
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All through excellence at Meoncross 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. It has been a very exciting and significant few months for Meoncross School; they been ranked 14th in The Times Parent Power Schools Guide for 2022, and have appointed a new Head, Bev Watts. Only the top 1,600 schools across the country feature in the guide, which is compiled based on examination results, and this accolade is a huge honour for Meoncross. They have been placed 14th in the ‘Top fee paying schools with little or no sixth form’ category. Their new Head, Bev Watts has worked in co-educational and single-sex independent schools for over 30 years. Bev joined Meoncross in 1997 as an IT teacher and Head of Department, and was promoted to Deputy Head-Pastoral in 2011. Bev continued to be a pivotal force on the Leadership Team, and embraced the responsibility of Safeguarding and Pastoral Care Lead for the whole school. Through her care and guidance, Bev has developed a school community which truly cares for one another and puts student well-being front and centre of all they do. The happiness of the students is fundamental to their academic success and their recent national ranking in ‘The Times Parent Power Guide’ for academic success is testament to this. Bev’s ambition for Meoncross, and her focus on the children’s happiness and success, continues to drive the school forward, enhancing Meoncross’ reputation as one of the leading schools in the region.
The success of consistently high exam results 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 and a holistic approach to well-being, which allows every student to realise their full potential. 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 those 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 a strong values-led approach to education with seven core values – Family, Adventure, Integrity, Resilience, Optimism, Achievement and Kindness. Meoncross School benefits from being part of the Cognita Schools Group which currently has over 85 independent schools worldwide, with over 40 of these in the UK. 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. Its commitment is to ‘An Inspiring World of Education.’ If you are considering schools for your child, whether it be Infant, Junior or Senior, we would encourage you to visit Meoncross to see what makes them the first choice school for so many families. ■
14 National Rank - The Sunday Times th
Top fee paying schools with little or no sixth form
HAMPSHIRELEGAL | 23
BOOK REVIEW
Simple Contract Law
Stripping English Law of Complexity
I
n his new book, Watson-Gandy has bravely done a complete about-turn on traditional dusty textbooks, writing an illustrated guide to English contract law that is fun to read, entertaining and succinct. Synopsis of Simple Contract Law: A brief introduction to English Contract Law:
This book provides an essential introduction to English contract law. Written by practising barrister and law professor, Mark Watson-Gandy, whose infectious enthusiasm for the subject permeates the text, the book simply explains all the core concepts and leading cases and what the most common terms and conditions actually do. Whether you are a law student, businessman or an international lawyer, you will find “Simple Contract Law” to be an easyto-read, concise, and informative first guide into the subject. Enlivened by the colourful back stories to the case law and with witty illustrations by Gordon Collett, this book is a welcome antidote to stale traditional contract law textbooks. “People don’t realise quite how important English contract law is for us all. English contract law has long been the preferred
choice of law for international contracts – often even where the parties or transaction has no connection to the UK. The UK legal services industry is worth £60 billion to the UK economy; the UK legal services market is the largest in Europe and second only globally to the USA. Three quarters of those using London’s commercial courts during litigation come from outside of the UK” explains the author. “I wanted to write something which would cut through the complexity, to give an accessible overview of the law. A quick and easy-to-read guide like this is long overdue.” Simple Contract Law: A brief introduction to English Contract Law is available now for £9.95 on Amazon: https://amzn.to/3kbb6Q4. ■ Professor Mark Watson-Gandy K.S.G is a practising barrister at Three Stone Chambers in Lincoln’s Inn and has appeared in high-profile cases in the UK and abroad. He is a Visiting Professor at the University of Westminster and at the University of Lorraine in France. He was made a Knight of the Order of St Gregory the Great in recognition of his work as a barrister and law professor in 2007. In 2020, he was appointed as one of the UK Ministry of Justice’s “Legal Services are Great Champions” to promote English legal services internationally.
How Legal Workflow Automation Can Improve Your Firm’s Operations
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egal administrative work is crucial to running a successful firm, but it’s something law firms can struggle with. For many law firm staff, the processes at their firm make admin time-consuming and tedious and can pull their focus from building the firm. That’s where task and workflow automation comes in. According to Clio’s 2020 Legal Trends Report, 84% of legal professionals believe they could better serve their clients by automating more aspects of their firm’s operations. We also found that firms using a combination of legal technology collected an average of $19,541 (£14,334 at the time of writing) more per lawyer than those that did not use legal workflow automation. Let’s look at three legal workflow automation tools that can save your firm hours:
simply have to start and stop a timer to record how long they spend on any one particular case or matter. From there, they can create detailed (and accurate) time and expense reports in minutes, which can save hours for fee-earners and those responsible for collating and billing for time. 3. Issuing Bills Speaking of billing, legal workflow automation can be a huge boon for legal firms here, too. Instead of manually collecting and applying the information needed to client invoices, automating the process can cut hours from end-of-month billing cycles. If you use software that syncs to your accounting system (Clio, for example, integrates with Xero, QuickBooks Online, Klyant, and Cashroom), you can save even more time and admin work on your processes.
1. Document Automation and Management Creating new documents from scratch can eat up a lot of law firm time. Document automation makes it easier for lawyers and other law firm staff to create new documents from existing templates, reduces the time to create a first draft, and speeds up contracting and communication processes.
By automating what can be automated, law firm staff can spend more time on high-value tasks. If you’re seeking to maintain a competitive edge in a crowded market, embracing legal workflow automation could be the exact thing you need to take your law firm to that next level.
2. Time Recording Time recording can often fall to the bottom of to-do lists—and items can get missed. With legal time recording software, users
To see how Clio helps with workflow automation, see clio.com/ uk/hampshire-home or, Hampshire Legal readers can take advantage of a 7-day free trial clio.com/uk/hampshire-free. ■
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ARTICLE
10 things to support each other in the workplace W
e all want to be happy at work and the good news is there are small, simple, everyday things we can do to support each other in the workplace that can make a difference to people’s wellbeing and productivity individually and collectively. Respect and civility It doesn’t matter how busy or stressed you are, you should always treat colleagues and juniors with respect, listening, saying please and thank you, sometimes picking up the phone rather than sending emails. Being respectful in the workplace benefits everyone, and the research supports this. Civility is contagious, so if leaders model this behaviour it will filter down to the rest of the organisation resulting in a happier, healthier, more motivated workforce. Have empathy and be kind Understand that everyone is dealing with a wide variety of issues at work and at home that you might know nothing about. Ask people how they are feeling, how they are coping with their workload, what you can do to help. When something goes wrong try to find out why in a sensitive way rather than blaming, and forgive people for their mistakes. We all make them! Kindness is contagious, frequent acts of kindness at every level in the workplace will lead to more engaged and connected staff. Praise and gratitude Give credit where credit is due, saying ‘well done’ or ‘thank you’ can make all a difference. This will help people feel truly valued and help prevent workplace related anxiety building which can occur when staff aren’t getting positive feedback from their colleagues or managers. Help others and work as a team We can all only achieve so much on our own, teamwork is vital to a happy and successful workplace. This might look like volunteering to help with a project if someone seems overwhelmed, offering to show someone how to do something technical, suggesting a five minute brainstorm to a colleague who seems to be at a dead end, or sometimes it might take the form of mentoring or reaching out to build a connection with someone. We all have unique skills that can help others, and it also benefits us to help other people, making us feel valued and giving us a sense of purpose.
Manage your email A lot of problems in the workplace can be traced back to email. Never write anything in an email that you wouldn’t shout across a crowded room. Stop and think before sending an email— avoid the knee jerk reaction, especially when angry, stressed or busy. You might want to send it to yourself or save in draft. When you come back without that strong emotion you might rethink about sending it. Provide regular catch-ups In our Life in the Law research into legal workplaces wellbeing we discovered that of a wide range of workplace measures available, from private health insurance to mental health training, regular catch-ups or appraisals were reported to be the most helpful. Having these in place helped to bolster confidence in personal development and reduce anxiety. If you are in a management role make these a priority. Look after yourself In order to be a productive, supportive and valued colleague, you need to look after yourself so you can be the best you can be at work. Make sure you get enough sleep, eat well, get outside every day, and get some exercise to stay happy and healthy to take on any challenges at work. Reach out to someone who is struggling Noticing if someone seems to be struggling and asking them if they are ok and want to talk may feel difficult but it is not necessary to be an expert in mental health to start a conversation of this nature. It’s important to remember that talking could make all the difference to your colleague’s mental health. Keep your eye out for any changes in someone, from mood to personal appearance, to performance at work – it could be a sign that they need help. Signpost to further support Remember that LawCare provides emotional support to all legal professionals, support staff and their concerned family members. Anyone working in the law can call our confidential helpline on 0800 279 6888, email us at support@lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk. ■
Encourage vulnerability In order to have a workplace that is truly psychologically safe, we need to encourage each other to be vulnerable, to admit when we are struggling, to ask for help, to acknowledge when we have made a mistake. We all need to play a role in facilitating more candid everyday conversations in the workplace. HAMPSHIRELEGAL | 25
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Are your money transfers safe? Cyber criminals have conveyancers in their sights, owing to the high value of money involved. We can help. Safeguard against fraud interception when sending money to other conveyancers, and ensure you’re mitigating risk with Lawyer Checker.
To find out how to protect your firm, visit lawyerchecker.co.uk today. 26 | HAMPSHIRELEGAL
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Protecting Transaction Funds Emily Haskey
T
here is no doubt, we are set to live with ongoing impact of COVID-19 for years to come. For the legal industry, the consequences of the pandemic have already reshaped the working environment. Law firms have wisely reevaluated processes and are employing new technologies to digitize workflows and manage remote communication. However, these changes have offered new opportunities for cyber criminals with altered working practices introducing potential vulnerabilities and therefore an increased risk of fraudulent activity. Criminals have gone online and have become more sophisticated and experienced than ever before, deliberately, and increasingly targeting conveyancing firms due to the regular large sums of money transferred on the completion of property purchases. As a result, since the start of the pandemic, there has been a rapid rise in scam alerts and fraud attempts. For example: in the past year, according to SRA data there has been a 27% increase overall, in scam alerts when comparing 2021 to 2020. In 2021, 91% of all scam alerts relate to some sort of impersonation. Email is a growing risk with 48% of all 2021 alerts related to fraudulent email activity compared with 21% in 2020. The repercussions of cyber fraud can be devastating for the client and law firm, so Lawyer Checker’s goal is to help organisations embed risk and compliance culture within their own practices. We believe firms need to adopt an ethos of awareness across the firm to mitigate the risk of fraud. Staff need to understand the risks and have an insight into what can go wrong, so every day processes can be updated in line with the dramatically increasing threat.
– By Emily Haskey, Operations Manager, Lawyer Checker, A Dye & Durham Solution Lawyer Checker’s service validates the destination details of the recipient bank account of the solicitor receiving funds for every property transaction quickly and easily. Lawyer Checker is a web-based solution and can be accessed from any location 24/7 at the click of a mouse, supplying an audit trail for law firms as well as ensuring due diligence by adhering to the SRA Code of Conduct for Solicitors (SCCS) 4.2 – to safeguard client money and assets. Lawyer Checker’s unique algorithm checks details against ten different databases in real time. It integrates with SRA scam alerts and safeguards transactions against human error and typos while also providing the most up to date information. All frequent and infrequent results are processed through the latest NatWest tracker to check bank account details. We have verified over 4000 accounts and reported back on incorrect details. Reports are low cost and can be attributed as a disbursement. Included are two searches: one which is usually completed at the start of the conveyancing process, plus a further check just before the funds are transferred. Lawyer Checker’s unique algorithm ensures there have been no new alerts during the interim. This is key with transaction times now taking longer and ensures the search is fully updated, making it easy and cost effective to mitigate risk of fraud during the transaction. The majority of our search results are returned within five minutes. For those that require further research (because of an infrequent or unknown result), we work to an SLA of four working hours, but these are often returned much faster, generally within the hour. PDF reports can easily be saved to the case file, removing the stress for conveyancers to demonstrate due diligence for auditing purposes.
We know that one of the main risks is criminals impersonating other law firms to obtain monies sent between purchasing and vendor parties. They can easily intercept phone calls, redirect and replace posted communication and hack into emails, with the objective of attempting to divert funds into their own accounts. It’s easy to miss the slight alteration of a single digit in a sender’s email address and suddenly a conveyancer has been supplied with a fraudster’s bank account details instead of the law firm they believed they were working with.
We also offer Consumer Bank Account Checker which, as its name suggests, validates the destination of funds for the sale of a property for customers. Covering most UK bank accounts and powered by Experian, this cost-effective check is another part of law firm’s armour against cyber criminals.
Although nothing is 100% guaranteed, defense strategies can be put in place to safeguard every transaction. Lawyer Checker was set up 11 years ago and now employs 28 staff who are experts in cybercrime prevention.
www.lawyerchecker.co.uk ■
Over the last 18 months we’ve seen a steady uplift, and 15 of the top 20 conveyancers are now using us. The question is: can your firm afford not to?
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ADVERTISEMENT FEATURE
A digital planning system – How will it impact conveyancing? H
aving been delayed from last year, the new Planning Bill is due to go before parliament this spring and is set to overhaul the entire planning system for the first time since 1947. The new plans will bring about significant changes, aiming to make the process more accessible and bring it into the modern age. Under the current planning legislation, it can take around five years for a standard residential housing development to go through the planning process, delaying the delivery of muchneeded housing for the country. The Government’s reforms to the planning system, proposed in its ‘Planning for the Future’ paper of 2020 aim to significantly reduce this timeframe, by cutting the red tape, creating a more streamlined planning process, and helping to speed up the rate of development in England. Among the proposals to help achieve this are plans to improve the digital infrastructure of the planning system, heralding a shift from a document-based approach to a digital one. But will these new reforms benefit homebuyers, and what impact will they have on the conveyancing process? Digital Innovation The new proposals will see a shift from lengthy, static planning documents and traditional paper-based consultations involving signs on lampposts to a modern, digital approach. The overall aim being to increase the speed and improve the quality of planning approval decisions. With intelligent data, interactive maps and resources, a new digital planning system could bring real benefits in terms of engagement with the planning process. This would facilitate greater accessibility for interested parties to review the plans and understand how they could affect them, helping them to better envision proposed changes to a local area. By making the process more accessible, interactive, and engaging, this will enable developers to reach and connect with more people. This, in turn will enable developers to craft and inform proposed changes to developments to ensure they tackle the concerns and can better meet the needs of the local community. What Could this Mean for Conveyancers and for Homebuyers? Alongside ordering an environmental search as part of the conveyancing due diligence process, many conveyancers are also opting to include a planning search within the standard suite of searches which they provide to clients. Helping to deliver the best advice and a thorough due diligence service. Planning search reports deliver insight into the changes to the local area and community in which people are planning to live, presenting the planning and development activity which is proposed or currently taking place, and that which has occurred over the past 10 years. By helping clients to understand the upcoming changes to the area surrounding their future home, this can help to ensure that their investment delivers upon expectations.
A planning report will include details of developments and applications, extensions and small new builds, change of use, lawful development certificates, and telecoms installations in the area of interest surrounding the property. It will also highlight possible planning and development constraints and major developments which may impact upon the homebuyer’s quiet enjoyment, plans and the potential future value of their property. Should a homebuyer wish to discover more about a particular development or planning proposal near to their new home after identifying it within their planning search report, the shift to a digital planning and consultation process will greatly benefit them in terms of the search for relevant information surrounding the proposed development. It also presents an opportunity for them to effectively engage with the process and to help shape the proposals. This in turn will benefit developers in terms of ensuring a development and any new facilities can deliver what matters and is required by both the existing community and those moving to the area. Facilitating more effective engagement through a digital consultation process can help to ensure that local development will make our towns and cities a better place for everyone. Planning Searches For relevance and improved usability, FCI’s planning searches use a dynamic search radius, dependent upon the location of the property, to help ensure that only those developments which are of relevance to the property are captured, thus allowing a manageable representation of planning applications for review by the homebuyer. Using a unique feature called FCICapture, FCI planning searches also seek to identify and proactively flag planning applications which, although recorded by the Local Planning Authority (LPA) as being outside of the search radius, on the ground have the potential to encroach within influencing distance of the property. This is particularly pertinent in the context of larger developments. These applications are then clearly highlighted within the report for further consideration and review as necessary by the purchaser. To find out more about FCI planning searches; FCI Planning and Premium Plus Planning which combines an assessment of the core environmental risks with an intuitive planning search, please visit: www.futureclimateinfo.com/planning ■ HAMPSHIRELEGAL | 29
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Poppy’s second chance at love P
oppy’s owner first contacted her local rehoming centre and said she needed to hand Poppy, a four year old Chihuahua cross, over to us as she had sadly recently been given a diagnosis that she had a terminal illness. She was advised to apply for a free Canine Care Card and nominate a Dog Guardian; someone she trusts to sign over the care of Poppy to Dogs Trust should she need it. She’d then be able to spend the most time possible with Poppy and feel reassured that she’d be given the best possible care at Dogs Trust when they could no longer be together. When Poppy’s Dog Guardian contacted us to advise that her owner was now receiving palliative care and that they needed to activate her Canine Care Card, Poppy was collected by Dogs Trust the very next day. After a vet and behavioural assessment we decided the best place for Poppy would be a loving foster home. We were able to advise the foster carers of all the information we’d been given by Poppy’s owner regarding her life, diet and routine to enable us to make this transitional period as stress-free as possible for Poppy. Within almost no time, we were able to find very affectionate Poppy a lovely new home for her second chance at love. Poppy’s story is one of many we come across at Dogs Trust.
Many owners are growing increasingly worried about gradually losing their independence or their health deteriorating. Dogs Trust want to offer owners peace of mind that we will be there at this difficult time to care for and rehome their four legged friends should the worst happen. Therefore we’re pleased to announce that we have extended our Canine Care Card service. Dogs Trust will care for your dog should you move into a care home, become seriously ill or pass away. For more information on our Canine Care Card service and how to register your dog please type in this link www.dogstrust.org.uk/ccc where you will find our online application form and more information on our free service. If you have any queries regarding the Canine Care Card please email CCC@dogstrust.org.uk or call 020 7837 0006 and we will be happy to help. ■
Who’ll keep her 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 their dog a second chance a life. At Dogs Trust, we never put down a healthy dog. We’ll care for them at one of our 21 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.
E-mail ccc@dogstrust.org.uk Or call 020 7837 0006
Or write to: FREEPOST DOGSTRUSTL (No stamp required) Please quote “334975” All information will be treated as strictly confidential. Service only available for residents of the UK, Ireland, Channel Islands & Isle of Man.
A dog is for life, not just for Christmas®
Registered charity numbers: 227523 & SC037843
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