Hampshire Legal March 2024

risk for solicitors

PUBLISHER

Ian Fletcher

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Tel: 0151 236 4141

Fax: 0151 236 0440

Email: admin@benhampublishing.com

Web: www.benhampublishing.com

ACCOUNTS DIRECTOR

Joanne Casey

SALES DIRECTOR

Karen Hall

STUDIO MANAGER

John Barry

MEDIA No.

2047

PUBLISHED

March 2024 © Benham Publishing Ltd.

LEGAL NOTICE

© Benham Publishing Limited.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Media. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

DISCLAIMER

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

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

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

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Iam honoured and daunted in equal measures to now be President of Hampshire Incorporated Law Society (“HILS”).

Mo Aldridge, the outgoing President, has done so much over the last two years to promote HILS and to enhance the connection with our members, for example through social media. She has also connected with universities and as such with students who are just beginning their potential careers in law.

Having worked closely with her for a number of years I have nothing but admiration and respect for what she has done and what she continues to do and thankfully she will remain a major part of the HILS committee as past President. I certainly have big shoes to fill.

With the help of the committee I will do my best to continue the good work already done on behalf of HILS. A special thanks to Mo (who is now Honorary Secretary), Kevin Richardson (Vice President), Nicola Jennings (administrator), Rachel Tombs (marketing) and Ian Robinson (committee member but also a former President, Honorary Secretary and Treasurer).

It is important to build upon the connections made with local universities and engage with students to show them that HILS is relevant and can help the current crop of students through their careers in law. Additionally given the many ways of entering the legal profession we must continue to adapt and evolve.

I firmly believe HILS is of benefit to you, its members. We have lectures, webinars and seminars which we are endeavouring to ensure are relevant and of benefit. We also have a variety of more social and/or networking events such as the quiz, annual dinner, senior partners lunch, bowling evenings, decoupage evening (which I personally really enjoyed last autumn but mum’s the word!) and more.

We strive to be representative of our members which is far easier with two way engagement so we really appreciate you attending events as well as hearing from you. After all, we are here to represent you and support you at a local level. Hopefully we can all help each other.

President’s Review

MARCH 2024

Each President has their own ideas and what he or she may focus on. As I have already mentioned I want to carry on with the sterling work done by Mo. I would like to see membership grow and if not more importantly more active engagement with our members and the latter clearly takes work on our part as the committee.

However, this also takes some effort on your part as members by reaching out to us. We really do want to hear from you whether it be with ideas for lectures or other events or with concerns or questions you may have with which we might be able to help or support you.

I am fortunate that I will be able to attend some events which will be held by other local law societies. Whilst no doubt being enjoyable on a personal level, these are also good ways of keeping good links with these other local law societies and sharing knowledge and quite possibly finding better ways of doing what we’re trying to do

HILS has been lucky to have had support over the years from many great sponsors without which we would not be able to run all the events. In particular we’d like to thank Andrew Prismall of HW Conveyancing Searches for his ongoing support.

I am looking forward to the year ahead and doing what I can to help HILS and our members. I hope it is a good year for you all. ■

Tom Mitchell President Hampshire Law Society

Tom Mitchell

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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

Hampshire Law Society are looking for new Committee Members.

If you would like to join us please contact our administrator Nicola Jennings.  The committee meet every other month either via zoom or at an office.

It is normally a Tuesday at 5.45pm. We would love to welcome you to our Committee.

Contentious

Russell Evans (Chair) russell.david@yahoo.co.uk

Kevin Richardson

Michelle Hurst

Vicky Chivers

President

Tom Mitchell Trethowans

Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF

Tel: 02380 820465 tom.mitchell@trethowans.com

Vice President

Kevin Richardson

Biscoes

Kingston Crescent, Portsmouth PO2 8AQ

Tel: 02392 660261 krichardson@biscoes-law.co.uk

Honorary Secretary

Mo Aldridge

Jasper Vincent

44 Queensway, Southampton SO14 3GT

Tel: 023 8063 3225

maldridge@jaspervincent.com

Honorary Treasurer

Kevin Richardson

Biscoes

Kingston Crescent, Portsmouth PO2 8AQ

Tel: 02392 660261

krichardson@biscoes-law.co.uk

Immediate Past President

Mo Aldridge

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

Kevin Richardson krichardson@biscoes-law.co.uk

Education & Training

Tom Mitchell (Chair) tom.mitchell@trethowans.com

Mo Aldridge

Theresa Mills

Rachel Tombs

Nicola Jennings

Membership

Eliza Dowker (Chair) edowker@churchers.co.uk

Tebo Sebitlo

Naomi Taylor

Rachel Tombs

Non Contentious

Mo Aldridge (Chair) maldridge@jaspervincent.com

Matthew Robbins

Tom Mitchell

PR (inc Social)

Ian Robinson (Chair) irobinson@hotmail.co.uk

Mo Aldridge

Tom Mitchell

Harry Dancer

Rachel Tombs

Regulatory

Adrienne Edgerley Harris (Chair) adrienneedgerleyharris@gmail.com

kevin Richardson

Sarah Hallett

Giles Hall

James Saddler

Follow us on Twitter @hampshirelawsoc

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CPD Programme 2024

PROBATE UPDATE

Tuesday 12 March 2024 | 3.15-4.45pm Via Zoom

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.

Devilishly Devious – why things are not always as they seem …

With the assistance of case study that will be provided in advance, Kerry will guide delegates through a fictional case study that will touch on:

Inventory and Account applications, Executor/Trustee removal

The Self-Dealing rule Witnesses, documents and credibility

DIVERSITY IN RECRUITMENT

Tuesday 19 March 2024 | 12.30-1.30pm Via Zoom

Rachel Atkinson, The People Choreographer® Rachel specialises in supporting organisations to help their people work with passion and purpose and help create places that people want to be a part of.

Equity, Diversity, and Inclusion are at the heart of the service that Rachel provides.

Rachel has over 20 years’ experience in Human Resources and Senior Leadership roles, but as a non-traditionalist, prefers to refer to herself as a People Choreographer.

In this session we will explore:

• The business case for building diverse workforces

• Guidance on writing inclusive Job Descriptions and Adverts

• Best practice on shortlisting candidates

• Interviews and assessments – how to diversify the process, and make accessible to get the very best from your candidates

• From offer to first day on the job – keep your preferred candidate engaged to prevent counter offers and make them feel like they belong, before they start!

CONVEYANCING

Thursday 11 April 2024 | 3.00-4.30pm Via Zoom

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 (Cont.)

The Leasehold and Freehold Reform Bill is the most significant piece of property legislation in a generation. In addition, the Building Safety Act continues to cause major problems. Topics covered include:

• Changes to the Fire Safety Order 2005;

• Building Safety Act 2022 and registration of higher-risk buildings;

• Building Safety Act 2022 and Leaseholder protections;

• Building Safety Act 2022 changes to leasehold extensions;

• Mortgage Company requirements;

• Recent case law;

• The Renters (Reform) Bill and the abolition of assured shorthold tenancies;

• Ground Rent Issues including case law on solicitors liability;

• Law Society guidance on climate change;

• The Leasehold and Freehold Reform Bill: changes to lease extensions, ground rents, service charges, estate charges, rentcharges and leasehold houses.

UNCONSCIOUS BIAS

Tuesday 23 April 2024 | 12.30-1.30pm Via Zoom

Rachel Atkinson, The People Choreographer® Rachel specialises in supporting organisations to help their people work with passion and purpose and help create places that people want to be a part of.

Equity, Diversity, and Inclusion are at the heart of the service that Rachel provides.

Rachel has over 20 years’ experience in Human Resources and Senior Leadership roles, but as a non-traditionalist, prefers to refer to herself as a People Choreographer.

Bullet Points tba

FAMILY CHILDREN

Tuesday 30 April 2024 | 3-4.30pm Via Zoom

No 18 Chambers Details TBA.

BUILDING THE PERFECT LEGAL BUSINESS

Thursday 09 May 2024 | 12-2pm Via Zoom

Simon McCrum qualified as a Commercial Litigation solicitor in 1990 at Pannone. His role gradually evolved into a marketing and management role.

CPD Programme 2024 (Cont.)

BUILDING THE PERFECT LEGAL BUSINESS (Cont.)

Simon is the author of the best-selling books, “The Perfect Legal Business” and “The Perfect Lawyer” .

Give your business a boost for the New Year

It’s never too early to start performing better as a business, but New Year is a great time to boost your firm and all the people in it.

It may be surprising though to see where the focus that I recommend should be.

Lots of firms try to give their business a boost by getting a new website, starting new marketing campaigns, hiring new people, opening new offices, or offering new areas of work.

I would do none of these – at least not until I had got the core business firing all cylinders and not until all the low-hanging fruit had been gathered in.

There is a lot of easy, sustainable money to be made – and it’s not just all profit, it’s all cash.

The question I’ll be looking at, therefore is whether your law firm is a successful firm of solicitors or a successful legal business.

FAMILY FINANCE

Tuesday 11 June 2024 | 3.00-4.30pm Via Zoom

No 18 Chambers

Details TBA.

CONVEYANCING

Thursday 20 June 2024 | 3.00-4.30pm Via Zoom

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.

ADDITIONAL INFORMATION

The programme will be updated once additional information is received from speakers. Information will be distributed via email and in the quarterly magazine.

You can find more detail on each lecture on our website: www.hampshirelawsociety.co.uk

PRICING

ZOOM: 1.5 hour lecture = £35.00 (Non Member £50.00)

LIVE: 3 hour lecture= £90.00 (Non Member £130.00)

For Zoom Lectures the link will be provided in the days prior to the event Handouts will be emailed prior to each lecture

TERMS & CONDITIONS

 All 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 live and online seminars run by some of our neighbouring law societies –check the website for details.

Qualified Lawyers Transfer Scheme (QLTS) admission deadline

Lawyers from other jurisdictions that have QTLS MCT and have passed the SQE2 only have until 31 March 2024 (inclusive) to apply for admission as a solicitor. This includes those who took SQE2 in October and will get results on 20 February.

Those who have failed the SQE2, or not taken it at all, will have to restart their SQE qualification route.

https://www.sra.org.uk/become-solicitor/qualified-lawyers/qlts/ 

PRESENTS

ANNUAL QUIZ THE

If you want to prove you can beat your peers, prove you can’t, have a laugh or just enjoy some good company and a great evening, then come along to the Hampshire Law Society charity quiz night.

Teams of 6 which can be made up of colleagues, family 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.

Any

Tuesday 16 April 2024

The Concorde Stoneham Lane, Eastleigh 6.30 for 7.00pm

The entry fees (which include meal) are: Early Bird Special £95.00 for a team of 6 £16.00 per person (if booked and paid before 31st March 2024) Thereafter £105.00 for a team of 6 or £18.00 per person

There will be spot rounds, a cash bar and a buffet included during the evening.

The event which will be held at the Concorde, Eastleigh is open to all.

Please contact Nicola Jennings on:

T: 023 8044 7022 or E: administration@hampshirelawsociety.co.uk

An honorary fellowship from the University of Winchester

Jon Whettingsteel, Partner and head of the family department at Dutton Gregory Solicitors received an honorary fellowship from the University of Winchester. This was in recognition of the support Jon and Dutton Gregory have provided to students in their law department, and in helping develop the future of the legal profession. Over the last year Dutton Gregory have offered students from the University work experience, mock interviews, open days, and the opportunity to get involved with their events and build connections in the legal industry.

Jon was in illustrious company, with BBC journalist and Mastermind presenter Clive Myrie and Lord Mark Price CVO, the former Managing Director of Waitrose and Minister of State for Trade and Investment amongst others whom were awarded honorary fellowships with the class of 2023

Jon said, ‘this was a huge privilege. When I started working with the University of Winchester I never thought I would be honoured with a fellowship, and I am so grateful. I am very lucky that Dutton Gregory has allowed me to follow my passion in helping grow the lawyers of tomorrow. It is a testament to the University and the students that they always get involved in the events that we arrange. There are some very talented students coming out of the University, and they are going to be fantastic lawyers. I am really excited about continuing to build the link with Dutton Gregory and the University of Winchester, and what we can achieve in the future.

Hampshire Law Society 2024 Annual Dinner & Awards

10 May - 6:30pm - 11:00pm

Macdonald Botley Park Hotel, Winchester Road, Southampton SO32 2UA

Hampshire Law Society warmly invites members and their guests to the 2024 Annual Dinner and Awards, the leading black tie event in the local legal calendar, on Friday 10th May. This memorable evening will take place at the prestigious MacDonald Botley Park Hotel. The dinner will be held in the Ballroom, a sumptuous 3 course meal prior to the entertainment and presentation of the Legal Awards 2024.

The 2024 dinner should provide an ideal opportunity to entertain guests and colleagues plus plenty of networking at this prestigious venue.

Following the dinner, we will award the winners of the 4 categories. Please get your nominations in by the 10 April.

Early Bird Ticket (prior to 10 April) Individual £50 (£55 after)

Table of 10 £475.00 (£525 after)

There will be fundraising and a raffle in aid of the President’s chosen charity

Kindly sponsored by:

Clarke & Son Solicitors announces new marketing leadership and talent development initiatives.

Clarke & Son Solicitors, a leading Basingstoke law firm, welcomes Alex Young as Marketing & Business Development Manager. Alex takes responsibility for our efforts to grow our client base and strengthen our existing relationships.

Alex brings with him a wealth of strategic expertise and experience in digital marketing, aligning perfectly with our firm’s dedication to excellence and innovation. Eager to support both our clients and our business, we are confident in the positive impact he will make as we continue to grow.

We are also proud to share that Amrit Sangha and Maisie Williams will be transitioning into trainee roles starting in April 2024. Having joined Clarke & Son Solicitors as paralegals in 2023, both Amrit and Maisie have shown great dedication to the profession and a strong desire to contribute to our success. Now approaching April, their hard work pays off as they start the next phase of their careers with us.

We recognise their commitment and are thrilled to support their growth within the firm. This transition recognises their capabilities and underscores our dedication to nurturing talent from within. 

National firm Enable Law is going from strength to strength in Hampshire. The firm has recently bolstered its team on the ground with personal injury and clinical negligence heavyweight Darren O’Sullivan who joined as a Partner from Novum, to grow the firm’s presence on the Isle of Wight. Darren has over 22 years of experience supporting injured clients bring successful claims and put their lives back together.

Enable Law Grows its Hampshire Team with Senior Hires

Another recent senior hire is Annabelle Vaughan who has joined Enable Law as a Partner at the firm’s Southampton Mental Capacity team. Annabelle who joined from Knights PLC has particular expertise in helping those with complex needs, who lack the mental capacity to make decisions for themselves, to navigate the management of their finances. Annabelle is a Court of Protection deputy and acts as an attorney and professional trustee safeguarding the interests of those unable to represent themselves.

In addition to that the firm was recently joined by Partner, Sarah Palmer, formerly of the Children’s Legal Practice, who has been tasked with developing the firm’s education offering. Sarah previously successfully built a significant practice in education law and has come across to Enable Law with members of her former team. Sarah and her team are based out of Enable Law’s Southampton office making it the firm’s base for developing their education team out of.

Alison McClure, Head of the firm’s Southampton office said “ We are thrilled to welcome Darren, Sarah and Annabelle to Enable Law,” Their wealth of experience and collaborative approach will strengthen our existing teams. The recent additions to our Hampshire team reinforces our position as a preeminent player in providing legal advice and support to those that need it the most. 

L-R: Maisie Williams, Amrit Sangha and Alex Young

Lucy Gleisner

Trethowans are celebrating being shortlisted in no less than four categories in the Solent Deals Awards 2024, run by The Business Magazine.

Independent judges worked alongside The Business Magazine’s core panel to assess multiple entries across all 13 categories.

21 March 2024 will see this year’s awards ceremony return to the Hilton at the Utilita Bowl at a glittering event where the winners will be announced.

As always, the room will be filled with all the biggest names in the region, representing talent from across the Solent region’s corporate finance sector.

Trethowans in Winchester have recently seen two new joiners and senior level promotions.

Leyla Whitlingum has joined as Head of Private Client in Winchester. Her expertise includes all areas of private client law including trust creation and the administration of complex estates as well as contentious probate, where she has acted in Will disputes and Inheritance Act claims.

Charlotte West-Withers has joined the Agricultural & Rural Property team as a Senior Associate. Charlotte returns to Trethowans having previously undertaken her training at the firm. She has experience in acting in a wide range of matters for large rural landholdings, high net-worth individuals and institutional landowners, mainly in relation to farms and landed estates.

Trethowans has also celebrated the success of two of its team members with promotions for Laura Bell and Lorna Secker. Laura Bell was promoted to Partner in the Family team in October, she is a collaborative practitioner and mediator, advising clients on resolving issues arising out of separation.

Trethowans shortlisted in four categories at the Solent Deals Awards 2024

Trethowans are shortlisted in:

• Law Firm of the Year

• Large Deal of the Year - Just Develop It’s acquisition of the entire issued share capital of Total Security

• Mid Deal of the Year - Jimmy’s Iced Coffee sale to Britvic Soft Drinks

• Lawyer of the Year – Lucy Gleisner, Partner & Head of Corporate

Commenting on being shortlisted, Partner Lucy Gleisner said, “We are really proud to have been shortlisted in these categories. They recognise some of the fantastic and hard work that has been carried out by the whole team at Trethowans. It’s been a busy year and we will look forward to the awards ceremony in March.” 

Trethowans growth in Winchester continues as it celebrates new joiners

and promotions

Lorna Secker has taken over the role of Head of Residential Property in Winchester. Lorna has extensive local knowledge of Winchester and its surrounding areas and deals with all aspects of residential property work including sales and purchases, transfers of equity, new builds and remortgages.

Emma Wilders-Pratt, Head of the Winchester office at Trethowans, said: “We’re pleased to welcome Leyla and Charlotte to our Winchester team. Since the office launched in 2021 we have seen a headcount growth of 37%, and we are still looking to recruit further into the office. I would also like to congratulate Laura and Lorna on their promotions.

It has been an exciting year for Trethowans, which saw us recognised by Chambers as a leading firm for private wealth and high value residential work. We have also become the Strategic Partner for the Theatre Royal Winchester. After such a successful year, we look forward to seeing what 2024 has to bring.” 

Southampton legal practice invited to the House of Lords for Green Skills

The founding partners of AL-HQ Law & More believe that all businesses have a responsibility towards the people and the planet, and every sector can learn how to get started or build up the necessary skills, training and knowledge to take practical action. Since setting up in 2021 they have been inspired through faith-based learning to provide an innovative and flexible practice which can enable them to not only deliver a different type of legal service but also support the next generation of lawyers and work alongside and within existing law firms, eliminating barriers to knowledge sharing whilst respecting individual business interests.

The invitation to the House of Lords bought together participants of the Green Skills in Business programme by Small Business Britain and Oxford Brookes Business School to celebrate completion of the course and to continue raising awareness of the importance of implementing sustainability for all businesses.

Syed Aminul Hoque, founding partner, financial planner and director of finance said “At the end of the day it has to be about the people, whether it is our client, our neighbour, our business colleague or our family member, each person has a need that should be meet with purpose and humanity in mind. Treating others as more than numbers or transactions, is vital for a brighter and stronger future. At AL-HQ Law & More the very foundation of our faith-inspired services is based on being able to cater for every need, from our free community legal surgeries right up to premium level support through specialist expert advisors on more complex cases”.

The Southampton firm was recently awarded Boutique Firm of The Year at the industry leading international STEP Private Client Awards for its inclusive approach competing against submissions from 29 countries and they were highly commended at the British Wills & Probate Awards for Innovation and Transformation of the Year for including digital legal solutions last year. Prior to this, in 2022, AL-HQ Law & More were awarded Will-writing Firm of the South and Community and Charity Champions at the British Wills and Probate Awards. Specialising in estate planning is just the start for them as the focus is on building from that to lifelong legal support through

a growing network of specialist and like-minded advisors. Being a niche provider for Islamic Wills and Sharia-compliant services has given them a global audience. The founders also assist local law firms and both partners have consultant roles with other leading organisations and law firms in addition to managing their own practice. The firm has conducted a number of workshops on the topic of Islamic Wills to assist local delivery for the Southern region and have found clients are reaching them from all corners of the county and country.

Yasmin Hoque, fellow founding partner, solicitor and director of legal said “Completion of the Green Skills course supports our existing approach to Net Zero and community initiatives, we are inspired to share our Muslim faith in the workplace and beyond to help provide accurate expert advice and benefit others with our authentic approach to legal matters with a foundation that aims to be truly soul-enriching, we hope to help eliminate fears and negative experiences around legal services. We want to make justice accessible to all by empowering the community and every business to also take a deeper dive behind the scenes to deliver excellent client services with meaningful impact and positive outcomes.”

In 2024, AL-HQ Law & More launched their in-person pro bono initiative in the form of a fortnightly pop-up and drop-in Community Legal Surgery where it is all about coffee, cake and law. It is a legal roadshow with an informal setting to provide supervised and free legal advice, bringing together students of law and legal professionals to work together. Developing opportunities for law students from all universities across the Hampshire region and beyond and connecting them to a diverse range of legal professionals means a truly unique and independent platform to get involved with for the benefit of enhancing talent within legal industry and showcasing excellence of service to the local communities. The firm are Law students and lawyers can get in touch to find out more by completing the contact form on the website (www.alhqlaw.com) 

Scott Bailey LLP Announces the Opening of a Lyndhurst Branch, Strengthening Its New Forest Presence

Scott Bailey is excited to unveil its latest expansion with the launch of a new branch in Lyndhurst, marking a significant enhancement of its services across the New Forest area. This strategic move is designed to bolster the firm’s commitment to serving the local community more effectively and to support its ongoing growth trajector.

The establishment of the Lyndhurst branch is hot on the heels of a momentous year for Scott Bailey, highlighted by the achievement of winning New Forest Business of the Year Award in 2023. This new venture is a testament to the firm’s enduring dedication to excellence and its commitment to provide award-winning legal services to a broader clientele throughout Hampshire and beyond.

James Burford, Partner and Head of Conveyancing at Scott Bailey, expressed his enthusiasm for the expansion: “The opening of our Lyndhurst branch is a milestone in our firm’s journey. It not only signifies our growth but also our unwavering commitment to providing exceptional legal services. We are

Bthrilled to enhance our capabilities with a new office in Lyndhurst, and will continue delivering the high standard of service our clients have come to expect from us. It is indeed a very exciting time for Scott Bailey.”

The Lyndhurst branch is poised to play a crucial role in Scott Bailey’s mission to offer comprehensive legal support to both personal and business clients. With a team of industryleading lawyers, the firm is well-equipped to address a wide array of legal needs, ensuring that clients receive expert advice and personalised service.

Scott Bailey remains dedicated to its growth strategy, aiming to enrich its team and service offerings continually. The firm’s expansion into Lyndhurst underscores its commitment to accessibility and excellence in legal services, reinforcing its position as a trusted name in the legal community.

If you’d like more information on Scott Bailey and its services, or to seek expert legal advice, you are encouraged to contact them directly, or simply visit their website. Join Scott Bailey in embracing this new chapter as they continue to set the benchmark for legal excellence in the New Forest and beyond.

iscoes is proud to announce three internal promotions, rewarding dedication, hard work, and success. These individuals have demonstrated exceptional commitment to their roles, showcasing their drive and achievements within the company. This recognition not only celebrates their accomplishments but also reflects Biscoes ambitious strategy for growth across a number of key practices in Hampshire & the Isle of Wight and the willingness to promote leadership roles to young and ambitious leaders who share the firms continued focus on delivering an exceptional service to its clients and its vision to provide ‘Great Service, Every Client, Every Time’.

Promotions for three of Biscoes Solicitors.

Marissa Purnell was promoted on 2nd January 2024 and has become an Associate Solicitor in our Residential Property department. Marissa joined Biscoes in 2017 and qualified as a Solicitor in 2019 following her training contract with the firm.

Luke Brown joined Biscoes in February 2018 and started a training contract not long after qualifying as a Solicitor in 2020. As of the 1st of March 2024, Luke will be promoted to Associate Solicitor in Biscoes Employment department.

Josh Gallop joined Biscoes in 2018 where he completed his training contract. As of the 1st of March 2024, Josh will be promoted to Associate Solicitor in Biscoes Residential Property department in their Newport, Isle of Wight office. 

L-R Marissa Purnell, Luke Brown & Josh Gallop

Biscoes Solicitors acquire Hudsons Solicitors

Biscoes Legal Services Ltd (‘Biscoes Solicitors’) acquired the family-run law firm Hudson Solicitors in January 2024.

Hudsons Solicitors was setup set up in 2011 by Jonathan Hudson who alongside his sister Mary Hudson built their business to provide friendly, professional advice to local people from a local Fareham office. Their approach is based on getting to know their clients, understanding their concerns and objectives, and taking the best possible care of them at every stage.

The merger of the two firms will see the ever-growing Biscoes Solicitors acquire a new office base in Fareham, adding to its six offices in Hampshire and the Isle of Wight.

Alongside Hudson’s current Inheritance Protection service, the office will be offering a wider range of legal services, assisting everyone from business clients to individuals, families, and members of the Armed Forces.

The acquisition marks a crucial strategic move for Biscoes Solicitors, building on its previous mergers with Gurney Champion & Co and Heyes Samuel in Ryde in 2018 and Wheelers Solicitors in Newport, Isle of Wight in 2021.

Biscoes’ Managing Director, Alison Lee says: ‘We are delighted to be able to add the expertise of the Hudsons team to our inheritance protection team and to now offer all of Biscoes legal services in other areas to the present and former clients of Hudsons Solicitors. We will continue to operate from the office in Fareham but will now be offering a full range of legal services to any clients who want to see one of our experts there.’ 

Biscoes Solicitors is turning 170!

Biscoes is proud to be celebrating its 170th birthday in 2024. Established in 1854, Biscoes has provided legal services to clients across Hampshire and the Isle of Wight for more than a century. Over the years, the firm has become a well-known legal name in the areas it serves, offering a wide range of services to individuals and businesses.

Starting as Cousins Burbidge and Connor, the firm merged with Lyndhurst Groves and Biscoe Smith Heather and Bellinger in 1995 becoming Biscoes Cousins Groves, finally adopting the name Biscoes in 2000. Over the last 170 years, Biscoes has merged and taken over more than 10 firms across Hampshire

and the Isle of Wight. The firm has adapted to the changing circumstances by adopting new technologies and working practices. This has enabled it to provide its clients with the same high-quality legal services it has always been known for.

As Biscoes looks forward to the future, it remains committed to its core value of Great Service, Every Client, Every Time. The firm’s team of dedicated lawyers and support staff are always on hand to provide expert advice and guidance to clients, whatever their needs may be. With its rich history and commitment to excellence, Biscoes will continue thriving for many years to come. 

Annabel Robbins – Climbing Mount Kilimanjaro

Having only joined the Biscoes’ Newport office as a Legal Assistant in the Conveyancing Team at the beginning of October, by the end of the month, Annabel Robbins was climbing to heights of 5750m on Kilimanjaro in Tanzania to raise money for the Earl Mountbatten Hospice and raise awareness of Zoe’s Law.

At temperatures of around -10 degrees Celsius at the top of the mountain and 28 degrees in the rain forest at the foot, Kilimanjaro is considered by many to be a tougher challenge than trekking to Everest Base Camp (5364m) due to the lack of time allowance for the body to acclimatise to such a change in altitude.

Annabel was supporting Andrew Tapsell of Cherry Godfrey Finance and Charlie Panayi of Red Squirrel Property Shop who tragically lost his sister to skin cancer at the age of 26 in 2020,

leaving behind a young family. The Earl Mountbatten Hospice helped Zoe and helps to support other individuals with end-of-life care whilst continuing to support their grieving families.

Zoe’s Law is a campaign that was established due to the failure of professionals to test a mole removed from Zoe, which could have prevented her from losing her life. The petition aims to get the testing of all removed moles to be a legal requirement, hopefully saving lives in the future. Please watch the video to hear Zoe’s story and then join us in signing the petition, both available on Annabel’s fundraising page at https://linktr.ee/ annabelrobbins. 

Solicitor Qualifies at Lester Aldridge via New SQE Route

Lester Aldridge is delighted to announce that Isabel De La Haye has qualified as a solicitor in the firm’s Healthcare team. Isabel’s achievement is particularly noteworthy as she is the first individual at Lester Aldridge to qualify through the newly introduced Solicitors Qualifying Examination (SQE) route.

Isabel qualified after successfully passing both stages of the SQE and completing the qualifying work experience. The SQE route to qualification is a relatively new pathway for aspiring solicitors in England and Wales, designed to ensure that individuals possess the necessary skills and knowledge to practice law effectively.

Having joined Lester Aldridge as a legal assistant in February 2021, Isabel began to study for the SQE at the same time. Before commencing her legal training, Isabel was the managing director of a successful regulated care company for 10 years. She passed the challenging SQE1 and SQE2 exams in 2021 and 2022 with outstanding results. Notably, only 53% of candidates in the first round of SQE1 exams passed, making Isabel’s accomplishment truly commendable. In January 2024, she completed her qualifying work experience and was admitted to the roll, qualifying as a solicitor.

Isabel said: “The SQE process has been a test of my legal knowledge and skills as well as my resilience, self-belief and determination. The SQE exams are appropriately challenging but were made easier to navigate after completing a preparation course, having an excellent mentor and the support of an incredible

study group. I would like to thank Laura Guntrip and the rest of the Healthcare team, Grant Esterhuizen, and the wider Corporate & Commercial Group for their support and encouragement during my studies. I look forward to furthering my career within the firm.”

Laura Guntrip, Partner & Head of the Healthcare team, said: “We are delighted that Isabel has qualified as a solicitor. She has a strong work ethic and all the skills and attributes needed to excel in her new role. I would like to wish Isabel continued success in her role as a newly qualified solicitor as she continues her legal career with us.” 

Lester Aldridge advises on investment in Mar-Key Group by Private Equity House Alcuin Capital Partners

Leading South Coast law firm Lester Aldridge has advised the founders of Mar-key Group on an investment by Alcuin Capital Partners to support the group’s UK growth plans and international expansion led by CEO Ben Scroggie.

The Mar-key Group offers design and manufacturing and provides temporary structures for major sporting events, including Royal Ascot and The Open, as well as for customers such as Tesco and the National Grid.

The LA team was led by corporate partners Grant Esterhuizen and Dean Drew, with support from colleagues Danielle Slater, Gerard Chalkly-Maber, Edward O’Brien, Philippa Broughton, and Adam Corcoran.

Corporate finance and financial modelling support was provided by RSM, led by Clodagh Tunney. The company has also benefitted from pre-sale preparation and ongoing transaction support from Adam Godden of 2525 Limited.

Ben Scroggie said, “This transaction was a new experience for the Mar-key team. We were delighted to have the experienced and professional LA team advising and guiding us through the process to a smooth and successful completion.”

Grant Esterhuizen said, “Congratulations to Ben and his team and to all those involved in this transaction. We look forward to the exciting prospect of the Mar-key Group growing and developing its business in the years ahead.” 

Spotlight on Corporate Firm

Lester Aldridge Earns Double Nomination at HealthInvestor Awards 2024

Lester Aldridge, a leading law firm renowned for its excellence in the healthcare sector, is proud to announce its nomination in two esteemed categories at the highly anticipated HealthInvestor Awards 2024.

The HealthInvestor Awards are an annual celebration of excellence, innovation, and achievement in the healthcare sector, recognising the outstanding contributions made by organisations and individuals in driving progress and delivering exceptional services.

With over 30 years of experience in the sector, the Lester Aldridge Healthcare team is nationally recognised for their expertise and unique wealth of health and social care knowledge. The firm has been nominated for two prestigious categories: Legal Advisor of the Year (Private Sector): This category acknowledges the firm’s unparalleled expertise and commitment to providing top-tier legal advice and support within the healthcare industry. Lester Aldridge’s dedication to understanding the unique challenges facing healthcare providers and its ability to deliver tailored legal solutions have positioned it as a trusted partner for clients seeking expert guidance in this complex field.

Transactional Services Provider of the Year: This nomination underscores Lester Aldridge’s excellence in delivering transactional services that drive success and innovation within the healthcare sector. The firm’s comprehensive approach and industry knowledge have facilitated transformative transactions that propel the industry forward, from mergers and acquisitions to strategic partnerships and investments.

“We are honoured to be recognised as finalists in two categories at the prestigious HealthInvestor Awards 2024,” said Laura Guntrip, Partner & Head of Healthcare at Lester Aldridge. “These nominations are a testament to our team’s hard work, dedication, and expertise in delivering exceptional service and value to our clients in the healthcare sector. We remain committed to driving positive change and innovation in the industry, and we are grateful for the opportunity to be considered among the industry’s best.”

The winners of the HealthInvestor Awards 2024 will be announced at a prestigious ceremony on 5th June at Grosvenor House Hotel, London, where leading organisations and individuals from across the healthcare sector will come together to celebrate excellence and achievement. 

Training contracts at Lester Aldridge – Apply now!

At Lester Aldridge, we see our trainee solicitors as future leaders of the business. Many of our current partners and lawyers qualified with LA through our training contract programme. Our two-year training contract is designed to support you on your journey to qualification as a solicitor and help you gain the experience you need to become a trusted business adviser and a technically proficient lawyer.

Applications for training contracts starting in 2026 at Lester Aldridge are open until 17th May 2024. Training consists of four six-month seats in various contentious and non-contentious teams. You’ll be

able to work with high-profile commercial clients, high-net-worth private clients and exceptional lawyers.

Lester Aldridge is a full-service law firm advising commercial organisations and private individuals on a regional, national and international scale, from offices in London, Southampton and Bournemouth. The firm’s core practice areas are real estate, dispute resolution, private client, commercial services, and banking & finance.

To apply or for more information, please visit our website at www. lesteraldridge.com/training-contracts. 

Laura Guntrip

How Boundless went from a Start Up to an SME with support from Phillips Law

Profile

Phillips Law caught up with Cathy Moseley who runs Boundless Activated Snacking. As the ‘Kernel’ she has taken the business from a start up which she set up in 2017, to an SME which secured a six-figure investment last year.

Boundless sells activated, gut friendly snacks that are packed full of nutrients and fibre. It uses a trademarked F.A.B method (flood, activate, bake) to create its products which involves flooding the natural ingredients in salt water to kick-start germination. This is followed by the activation stage which draws out the bitter phytic acid in nuts, seeds or grains and is completed with the ingredients baking at a low temperature to retain nutrients and make the end-product easier to digest.

The full range includes four variants of nuts & seeds and fours variants of chips is distributed across the likes of Sainsburys, Asda, Lidl, John Lewis, Holland & Barret and over 2000 independents nationwide.

The Challenge for Boundless

Cathy explained that people running start-ups are time poor and often treading in water they don’t understand, so it’s vital to have someone who has your back in multiple legal areas. As a small business, these can range from shareholder agreements, employment, investor agreements, supplier agreements, fundraising rounds, EMI options and commercial advice.

Cathy came across Phillips via an introduction to Jack Gardener from a barrister. She said “it was a minefield finding someone who could cover us under one Umbrella, until we found Phillips”.

Cathy’s Experience with Phillips Law

• Transparency

The onboarding with Phillips felt very honest. The integrity of what was to be expected was worth its weight in gold.

• Communication

Interaction with Phillips has always been second to none. There has never been a time when I couldn’t get hold of Jack or someone at Phillips. Jack chases me, more than me chasing him. The service at Phillips makes you and your business feel very important.

With Phillips your experience is personal. When you work with a Magic Circle firm you pay for it, but you don’t get the personal touch, which is fundamental in growing a business. Phillips provides magic circle service with a personal touch at a cost which is affordable.

• Quality of service provided.

Phillips provide solid advice; they know what they’re talking about. Trust is fundamentally important. I’ve never received anything I didn’t understand. Never felt embarrassed that I don’t understand the legal jargon. I always understand what I’m being told, and I feel respected.

Cathy ended the conversation by saying “Don’t fix what isn’t broken, don’t let efficiencies get in the way of the personal touch”.

Conclusion

If you are a small business owner, it is vital to have a trusted legal partner at your side to see you through the highs and lows of running a business. 

Cathy Moseley, ‘The Kernel’ of Boundless

Phillips Law Acts On The Grant of The New AA Headquarters At Plant, Basingstoke

Phillips Law is delighted to have advised Mactaggart Family & Partners and Longstock Capital Limited on a multimillion-pound agreement for lease with The AA to move their headquarters to Plant in Basingstoke. The AA will be taking over 41,000 sq ft of office space on two floors of the building for a term of 15 years. The agreement, which exchanged in January 2024, was led by Partner Clare Strachan with assistance from Sophie Darwish and Sam Alvis.

Plant, previously called Mountbatten House, is an iconic Grade II listed building in Basingstoke with renowned listed gardens. It is currently being redeveloped to provide c.150,000 sq ft of modern office space, with The AA being the first corporate occupier to exchange a pre-let agreement at the building.

The transaction involved complex negotiations and working towards an ambitious timeframe, as exchange had to be simultaneous with the exchange of the AA’s agreement to surrender the lease of their existing headquarters at Fanum House with Basingstoke and Deane Borough Council.

The Agreement for Lease is conditional both on the landlord’s Cat A works and the tenant’s Cat B fit out works, with tailored drafting required to deal with various commercial arrangements negotiated between the parties including on the appointment and tender process for the Cat B works, agreed contribution costs and mechanisms for tenant variations and extras.

Phillips Law worked closely with Hugo Denée and Tristan De Souza of Longstock Capital Limited who issued instructions on the transaction, the team at Circle Developments who are project managing the redevelopment works and with Charles Russell Speechlys LLP who supported on the construction aspects of the project, led by Partner Fiona Edmond. The AA was represented by Womble Bond Dickinson.

Clare Strachan, Partner at Phillips Law said:

“It has been a pleasure to act on this high profile letting for Mactaggart Family & Partners and Longstock Capital Limited and achieve the parties’ tight deadline. It is especially rewarding when we are instructed on a project from pre-let phase through to completion and, with Plant being on our doorstep, we have been able to tangibly see the redevelopment take shape since our first site visit nearly two years ago. The modern and innovative office space our client is creating is brilliant for the Basingstoke corporate occupier market and we look forward to working with them on the subsequent pre-lets as buoyant occupier interest in the building intensifies.”

Hugo Denée, Director at Longstock Capital said:

“Thank you to Clare and the team at Phillips Law who did a fantastic job and worked incredibly diligently to bring together a transaction with lots of moving parts. They provided clear and concise legal advice whilst exercising pragmatism and offering commercially workable solutions as negotiations became increasingly complex.

The AA are a fantastic pre let for our Grade II listed office refurbishment. An agreement for lease for 15 years shows commitment to the town and demonstrates that major occupiers are willing to take long term commitments in well designed and ESG compliant office space. We look forward to welcoming the AA to their new headquarters later this year and working with the Phillips team on the remaining pre-lets.” 

Secondary Victims and the impact of the Supreme Court decision in Paul v Royal Wolverhampton NHS Trust [2024] UKSC1

I have worked for over 20 years as a specialist claimant clinical negligence solicitor, helping those who have been seriously injured to obtain the compensation they deserve and need, to try to rebuild their lives. These individuals are known as primary victims. If they can show that they have been injured by a third party’s negligence, they are entitled to claim compensation for their injuries and consequence financial losses.

However, we know from our clients that serious injury does not just impact the injured individual. It can have a significant and devastating effect on their family as well.

As a general rule, the law only allows the injured person to recover compensation, and not their loved ones, even though they have also been affected by the negligence. Family members cannot claim compensation for the distress and upset caused by seeing their relative suffer, even if the stress of having to care for their relative leads to them developing a mental illness themselves. Neither can a family member claim for loss of earnings due to having to take time off work to care for their relative. (There are other ways that the latter can be compensated through the injured person’s claim, but the relative cannot bring a claim in their own right).

There are though a few very narrow exceptions to this rule. The first is the statutory right to a bereavement award and a claim for loss of dependency through the Fatal Accidents Act 1976. This applies to a defined and discreet class of family members.

The second is the ability (or otherwise), to claim for psychiatric injury caused by the trauma of witnessing serious injury (or threat of serious injury) or the death of a loved one. This is known as a secondary victim claim.

What is a Secondary Victim?

A secondary victim is someone who is not injured themselves, but witnesses injury (or threat of serious injury) to someone else (in this context as a consequence of a third party’s negligence). To bring a claim they must be able to establish that the negligent third party owed them a direct duty of care, as well as the injured party. This duty of care is established by showing both foreseeability of psychiatric harm and a proximity between the secondary victim and the defendant.

Secondary victim claims were traditionally brought by close family members (such as parents) in the wake of accidents causing sudden death or serious injury. The tests for secondary victim claims have been the subject of much judicial debate over the past 40 years or so.

The Case Law pre Paul

Following the Hillsborough disaster in 1989, there were a number of cases brought by different groups of people, which resulted in what became known as the Alcock Criteria, which were to be applied to secondary victim claims. In order to be able to bring a successful claim, the individual had to show:

1. They had close ties of love and affection with the primary victim;

2. They were close to the incident in time and space (present at the event or involved in the immediate aftermath)

3. They had perceived the death/injury/immediate aftermath with their own senses.

4. They had suffered a recognisable psychiatric injury, caused by the Defendant’s negligence

5. The psychiatric injury was caused by nervous shock as a result of a sudden perception of the death of, or risk of injury to, the primary victim.

6. It was reasonably foreseeable that they would suffer a psychiatric injury

In Alcock v Chief Constable of South Yorkshire Police, several family members of people killed in the crush tried to bring claims for injuries to their mental health as a result of seeing their loved ones in the morgue or seeing the crush on television, knowing their loved ones were there. This case failed because they had not perceived the death/injury/immediate aftermath with their own senses. In Frost v Chief Constable of South Yorkshire Police, a number of police officers who were present at the stadium, sought to recover compensation for the psychiatric illness they suffered as a result. This claim also failed because they were unable to satisfy the requirement of having a close tie of love and affection to any of those killed or physically injured.

Since then, the law on secondary victim claims has developed incrementally. Issues have arisen in relation to what counts as the “immediate aftermath”, whether the psychiatric injury was caused by “nervous shock” or as a result of a “sudden perception” of the death of, or risk of injury to, a loved one and indeed, what the “event” or accident should refer to if the negligence occurred some time before the injury was caused.

Secondary victims in a medical setting

In my field of work as a clinical negligence lawyer, I have considered and pursued secondary victim claims in a medical negligence context. This has arisen where a failure to diagnose or correctly treat a patient, has led to their unexpected deterioration, and sometimes death, and been witnessed by a close family member. That family member then goes on to suffer from PTSD for example, as a consequence of the events that they have witnessed.

The case law in a medical negligence setting has however been less clear, with what might be considered similar circumstances resulting in different outcomes. Two examples are given below.

In Taylor v Somerset Health Authority, the claimant’s husband suffered a heart attack at work as a result of the Health Authority’s failure to diagnose and treat serious heart disease. The Claimant was taken to see her husband’s body in the morgue shortly after and developed psychiatric illness. The claimant lost because the failure to diagnose and subsequent progression of heart disease did not meet the requirement for “some external traumatic, event in the nature of an accident

Kym Provan

or violent happening” and that in any event, the sight of her husband’s body in the morgue, was not the “immediate aftermath”.

In North Glamorgan NHS Trust v Walters, the Claimant’s son was misdiagnosed. As a result he became acutely unwell a few weeks later and the Claimant witnessed him suffer a number of seizures and progressive deteriorations over the course of two days leading to his death. The Claimant suffered psychiatric illness as a consequence. The claim succeeded and the court found that the Claimant’s drawn out experience of a number of unexpected and shocking scenarios could be characterised as a sudden and shocking event.

A tragically common example of secondary victim claims in a clinical negligence setting that I have dealt with, is in the case of the unexpected death of a newborn baby on the neonatal unit, as a consequence of negligent medical treatment. In these circumstances often both parents are present and exposed to the trauma of the whole situation and it is sadly not unusual for them to develop psychiatric conditions such as PTSD, anxiety or depression, as a direct consequence. Until very recently, we would have robustly pursued secondary victim claims for both parents and expected to succeed in recovering compensation for their injuries.

However, much more recently, the Defendants to clinical negligence claims have declined to admit liability for secondary victim claims in a medical negligence context, pending the outcome of the Supreme Court ruling in the case of Paul v Royal Wolverhampton NHS Trust. The Judgement was handed down on 11 January 2024.

Paul v Royal Wolverhampton NHS Trust

The judgement in Paul actually considers three separate secondary victim claims brought in a clinical negligence context. The Supreme Court took the opportunity to review the law on secondary victims more widely and gave a ruling pertaining not only to claims made in a medical negligence setting, but on the control mechanisms and criteria that should be applied more generally.

The three cases considered in the Paul judgment all involved relatives of people who had illnesses that were negligently missed by their treating doctors, which caused their deaths. In Paul, two young daughters saw their father die of a heart attack in the street. In Polmear, the parents of a little girl witnessed her collapse and unsuccessful attempts to resuscitate her. In Purchase, the mother of a young woman found her daughter lying on her bed, still warm but not breathing and staring at the ceiling. She tried to resuscitate her, but this wasn’t successful. She found a voicemail of her daughter’s dying breaths on her phone, made 5 minutes earlier.

All three cases failed. The Supreme Court went through the previous case law in some considerable detail. They concluded that an essential feature of a secondary victim claim, was that the Claimant had to be able to show that they were present at an “accident” (or immediate aftermath) in the traditional meaning of the word. An “accident” is defined as being an unexpected and unintended event which causes injury (or a risk of injury) by violent external means to one or more primary victims. The court found that a misdiagnosis or failure to provide the correct treatment for a pre-existing medical condition, could not fulfil this requirement and that the claims therefore could not succeed. The case of Walters (above) was found to be wrongly decided on this basis.

The Supreme Court also clarified a number of additional points arising from secondary victim claims in the wider personal injury claim context. In order to successfully pursue a claim, the Claimant will have to show:

1. There was an accident which caused injury or risk of injury by violent external means to one or more primary victims

2. The accident was due to the Defendant’s negligence (the negligence may be some time earlier)

3. They had close ties of love and affection with the primary victim;

4. They were close to the accident in time and space (present at the event or involved in the immediate aftermath)

5. They had perceived the death/injury/immediate aftermath with their own senses.

6. They have suffered a recognisable psychiatric injury

7. Their psychiatric injury was caused by witnessing the accident (or immediate aftermath) and the injury/threat of serious injury/death suffered by the primary victim

8. It was reasonably foreseeable that they would suffer a psychiatric injury as a result of witnessing the accident and injury of the primary victim.

In the context of medical negligence claims, the Supreme Court indicated that it was difficult to conceive of a scenario in a clinical treatment setting, which would fulfil the need for there to be an “accident”. It then went further to give a view on the circumstances in which a doctor owes a duty of care to third parties who are not their patient as follows:

“Common to all cases of this kind, however, is a fundamental question about the nature of the doctor’s role and the purposes for which medical care is provided to a patient. We are not able to accept that the responsibilities of a medical practitioner, and the purposes for which care is provided, extend to protecting members of the patient’s close family from exposure to the traumatic experience of witnessing the death or manifestation of disease or injury in their relative. To impose such a responsibility on hospitals and doctors would go beyond what, in the current state of our society, is reasonably regarded as the nature and scope of their role.”

The Supreme Court’s decision is binding on all other courts, and it overrides a lot of previous decisions that were more helpful to claimants. The upshot is that bringing a true secondary victim claim in a medical negligence setting is going to be extremely difficult, and claimants are going to find it extremely difficult to find a lawyer who is willing to take the case forward on a Conditional Fee basis.

The immediate impact of Paul and beyond

We have already had to inform a number of clients, largely fathers in the context of a neonatal death claim, that their claim should be discontinued as a result of the ruling in Paul. In cases where the baby has died because of negligence during the labour itself, there is an argument that the mother is a primary victim and should therefore be able to claim for all of her physical and psychological injuries on a standard basis. Trying to explain to a grieving family how this is a fair and just application of the law is difficult to say the very least.

Furthermore, if the baby has died because of poor neonatal care, the ruling in Paul means that it is unlikely that either parent can bring a claim for their genuine psychiatric injuries. Yet further uncertainties exist if the baby required specialist neonatal care because of mistakes made during the labour, and then further mistakes were made in the neonatal unit which lead to the baby’s death. I would argue that this is all a continuation of the consequences of the mistakes made during labour, but it is an issue ripe for satellite litigation.

Despite trying to simplify the criteria for when a secondary victim claim can be brought and when it cannot, the decision in Paul may well in fact lead to further court cases. I foresee future litigation seeking to define what constitutes an ‘accident’ in a medical setting, and where the limits of “primary” and “secondary” victim lie, particularly in a maternity setting. 

By Kym Provan Enable Law

The brave new world of AI: Managing risk for solicitors

Not a day passes without the media discussing AI and in particular, the generative AI tool ChatGPT. Clearly the technology has the potential to bring significant benefits to legal practices but what about the risks? James Robins and Ivan Roots of Womble Bond Dickinson, who are specialists in defending professional negligence claims, look at the potential areas of risk if using AI and the implications it may have for your PI insurance.

ChatGPT

Less commonly known by its full name, Chat Generative Pretrained Transformer is a language model chatbot developed by OpenAI. Chatbots are not new, your bank has been using one for a decade. ChatGPT goes vastly further however, and is able to draft emails, create text summaries and even generate advice. The ChatGPT user simply inputs source data and a command to generate new output which the Court of Appeal’s Lord Justice Birss, called “jolly useful” for time-strapped legal professionals.

These benefits are not without significant risk and Insurers have been slow to release guidance on the use of GPT. Insurers are nervous about AI because if fee earners are delivering ChatGPT generated advice to clients, several key risks arise:

Content errors

ChatGPT output can look convincingly credible even when it is inaccurate. It has been known to produce entirely fictional legal citations. The onus is on the fee earner to carefully check AIgenerated content with the same degree of care they would give to a trainee solicitor’s work before being sent to a client.

The client’s best interests

AI is not capable of critical thinking, nor can it make a judgment call on the best course of action for a client. It cannot act according to a client’s values and personal goals, so it cannot alone act in the best interests of the client.

Data security

When source data is entered into ChatGPT, OpenAI servers store that data. Once captured, the data cannot be withdrawn so it is not a safe place to input client data or sensitive case information.

Action points

As a bare minimum, legal practitioners should:

• Only use AI-generated output as a starting point for document sifting, research and first drafts.

• Train staff on its limitations and risks.

• Provide guidelines on responsible use.

• Consider obtaining cyber insurance to cover attacks or data breaches which have been facilitated by the use of AI generative tech.

• Speak to their insurers or brokers to understand how PI claims involving generative AI will be covered. 

Insurance

James Robins Partner

Ivan Roots Associate Professional Risks

Image by Robs on Unsplash.com

5 changes to make to your legal website to attract more enquiries

If you are a lawyer, barrister, mediator or other legal industry expert, your website is a vital link to potential clients. All too often however, this crucial foundation to your marketing is ignored once it is in place.

To ensure it performs well in searches and that it keeps readers engaged, it is crucial to make changes and updates regularly. We look at five areas to focus on.

1. PAGE EXPERIENCE

It is essential that users can easily move around your site and that pages are linked in an obvious way. Over time, the layout of your site may need looking at, as more content is added and your business’s priorities change.

Check that your home page is still relevant and focusing on the right areas of your practice and that every page you have added has a clear call to action and an easily clickable contact link. Pages that people will want to access regularly, such as pricing and lawyer profiles, should be simple to find.

2. CONTENT

One of the best ways to rank well in searches is to ensure good quality, bespoke content is being added regularly. Make sure that your content is well organised, so that visitors to your site can browse by category, and that you have a regular schedule for adding more. Older content should be updated to ensure it is still accurate and relevant.

Google has confirmed the importance of great content, with a clear and easy to use website boosting the power of this, saying: “While page experience is important, Google still seeks to rank pages with the best information overall, even if the page experience is subpar. Great page experience doesn’t override having great page content. However, in cases where there are many pages that may be similar in relevance, page experience can be much more important for visibility in Search.”

3. CONSIDER A NEW DESIGN

A new website design will instantly refresh your brand and gives you the opportunity to consider exactly how you want your business to be portrayed. More than giving an obvious better client experience however, it also means that you can ensure that

your site loads quickly, is mobile-friendly and is optimised for search engines, all points that will push your organisation higher in search results.

New design does not mean you need entirely new content, it is a simple way of changing the appearance and speed of your website while retaining the content you have been building.

4.INCLUDE VIDEOS

Videos are a great way to reach clients, allowing your key personnel to speak directly to them to address their concerns and demonstrate how they can solve their problems. People like to connect to other people, rather than simply a faceless firm, and seeing your lawyers speaking will really help to get across your firm’s personality.

It can also demonstrate your expertise, show that you are friendly and approachable and help to build trust with potential clients. You can add a video to your home page and service pages explaining what you do, and you could also consider videos explaining issues of concern to clients, such as the importance of having a Will or how child arrangements are dealt with by the legal system.

5. TESTIMONIALS

Research has shown that when people see impactful testimonials, they are more likely to choose the brand mentioned. Make sure you add to your testimonials regularly and that they are easy to find. You can add one or two to relevant pages so that potential clients can see what you have done for people in similar situations and envisage what you can do to help them. You can also categorise your testimonials so that clients can see what people have said about your lawyers in a particular area of expertise.

CONTACT US

Maximising the efficiency of your website so that it attracts your ideal client is important. At Orion Legal Marketing we can make sure every aspect of your site is right, from branding and design to unique content. 

Spotlight on the Committee

Work

Firm: Shentons Solicitors

Area of Expertise:

Regulation and compliance

Committee Member

Adrienne Edgerley Harris

Work

Firm: Biscoes Solicitors

Vice President HILS

Michelle Hurst

What attracted you to work in the law:

when I was about 14, reading that a notice saying “ trespassers will be prosecuted” was completely wrong; I learnt that trespass is a civil, not a criminal offence, for which you could be fined, but certainly not prosecuted. What is the most amusing / intriguing incident which has taken place on a case you have acted on:

This was a trading standards prosecution, where the client was accused of selling items underweight to a named person. I was able to show that the person who actually purchased the items was not the person named in the charge at all- but his wife, so one of the key elements of the contract had not been made out and the case was dismissed. No one will ever know now whether the vegetables sold were underweight!

What is your biggest career achievement:

Being the Head of Regulatory Policy for the Law Society during the changes brought about by the separation of regulation and representation. I enjoyed the fast pace and excitement of being part of a new structure.

What is your favourite part about being a member of HILS: the friendship and ability to share work and personal experiences with colleagues. I’m on the HILS Committee and value the ability to speak about Law Society Council matters and seek advice from fellow Committee members.

Why do you think HILS is important:

it is the voice of its members locally , providing a vital link with The Law Society.

Personal

Who inspires you:

Ranulph Fiennes, the explorer, for his achievements of course and his tenacity in the face of adversity. His wife must be included, as she was so much a part of his expeditions and, as company, she took her Jack Russell, called Bothie, after which our own JR is named.

What was the last book you read:

Arnhem Umbrella, Major Digby Tatham Warter DSO, by Neil Thornton. It’s about the man known for walking around the battlefield under extreme fire from the German army, with an umbrella for “protection,” during the British attempt in the Second World War to secure the bridge at Arnhem. (The film of that name showed him holding a furled umbrella behind his back going on to the bridge to attempt a ceasefire. But was it him?)

What is your favourite film:

A Room with a View, a wonderful, engaging story about a couple who fall in love in Florence and an Aunt who interferes. In addition to views of Florence, which I love, the story is much enhanced by the acting of Helena Bonham-Carter.

What is the next place on your travel bucket list:

My husband Gavin and I will be travelling around Italy and Sicily later this year, including visiting Pompei and Herculaneum. Explosions permitting, we hope to walk the craters of the two volcanoes, Vesuvius and Etna.

Name one item you cannot live without and why: the radio- despite its ability to be very irritating on occasion (apparently you can turn it off!)- it provides company on lone car journeys and a choice of programmes from the very silly and entertaining to informative- oh and the shipping forecast, which I adore for its soothing and reassuring note (unless you are in a storm at sea of course).

What is your favourite quote:

I saw this years ago, written in mosaic on the entrance step to a shop in Bath: A man without colour in his life is like a day without the sun. it encourages me through the grey of winter towards nature coming to colourful life again in the spring.

Area of Expertise: Childcare and Adoption

What attracted you to work in the law:

My mother was a secretary in the family department throughout my childhood so I spend a lot of time around lawyers and offices. When I started studying the law as a mature student, it just ‘clicked’.

What is the most amusing / intriguing incident which has taken place on a case you have acted on:

Because the subject matter of our cases is so heavy, it’s important to try to find levity where we can. It would be indiscreet to name any specific incidents but my colleagues, both in my firm and not, keep me going every day.

What is your biggest career achievement:

Being promoted to Deputy Head of Department in April 2022.

What is your favourite part about being a member of HILS: I have really enjoyed attending the committee meetings, meeting people from different areas of law and feeling as though my input is valued.

Why do you think HILS is important:

The law is an ever-changing beast, as is the society we live in, and it’s important that there is diversity not only in the workplace and in life in general, but also in committees like HILS. It’s important to me to be part of that change, enabling people from all backgrounds to become successful in their chosen field and finding ways to assist with that.

Personal

Who inspires you:

Professionally, my many colleagues, who push me to be a better lawyer, a good person, and who make me laugh on a daily basis. Personally, those who historically have stood up and made a difference in the face of ignorance and adversity, such as Rosa Parks, Malala Yousafzai, Emmeline Pankhurst and the late, great, Maya Angelou.

What was the last book you read: Something shamefully trashy – I love escapism!

What is your favourite film: Dirty Dancing, or Big.

What is the next place on your travel bucket list: So many! At the moment, Thailand and Finland (not in the same trip)

Name one item you cannot live without and why: My SPF 50 face cream, because I’m terrified of sun damage.

What is your favourite quote:

“I figure if a girl wants to be a legend, she should just go ahead and be one.” – Calamity Jane

ADRIENNE EDGERLEY HARRIS, Council MemberYOUR VOICE AT THE LAW SOCIETY

Council Members Report February 2024

Since I last wrote, there have been Council meetings in December 2023 and January 2024.

Key matters discussed included:

1. Size of Council: proposals are being considered to reduce the size of Council from its current 97 seats. When I was elected to the Hampshire and IOW seat two years ago, the boundaries had been changed and our area become the South Constituency, incorporating the North Hampshire seat into Hampshire and the Isle of Wight.

Council members have several concerns about further reduction, including that it would result in a challenge to represent a larger constituency; more work for those who remained; a possible danger of not being able to attract some categories of people, (such as younger people, younger parents, and early-to-mid career solicitors) and not ensuring diversity of representation. If you have any comments, please let me know.

2. Expenses and Allowances: travel and other HMRC allowable expenses can be claimed by Council Members. They are elected to their positions, which carry certain responsibilities. Until recently, elected representatives were also offered an allowance. Whilst it had no defined purpose, the small sum offered, offset trivial expenses such as parking or payments with no receipt and other unrecoverable items. It would also help towards lost income from taking leave to attend meetings – albeit the sum involved did not attempt to equate with earnings. The allowance has now been withdrawn. I am on a Working Party looking at what this payment is really for and whether it – or something else- ought to be reinstated. One view is that an allowance, or honorarium, is a recognition of effort and time put in to the role, which is often considerable. It seems the payment is likely to be deemed taxable income by HMRC. TLS does not want Council Members to be considered employees, with the impact of tax and other employment benefits, as opposed to being volunteers. On the other hand, there is a serious risk that the lack of an allowance might impede diversity on Council and inhibit full participation in the role. I’d be glad to hear your views.

3. Axiom Ince: this is being covered in the legal press and in the media. TLS is actively monitoring the situation, noting that it is constrained from interfering with the regulatory side of things which are now in the SRA’s domain. The involvement of the LSB will assist with this, although the President has expressed concern about the LSB extending in this way as it needs to focus on its core objectives. The clear worry is that the £33m losses from its collapse will not be covered by the Compensation Fund and that the profession will be asked by the SRA to contribute.

4. Criminal Legal Aid: there has been a welcome outcome to TLS’s judicial review, challenging the Government’s refusal to increase Criminal legal aid rates to the minimum amount of 15% recommended back in 2021. The Government must now review the level of payments. TLS is actively watching developments.

5. Carey Street: some of you will be aware that TLS owns a property, 60 Carey Street, around the corner from the main Law Society buildings in Chancery Lane. Its primary purpose is as a residence for the President. It also acts as a less conspicuous venue for hosting delicate meetings, such as with ministers and dignitaries (the “soft power” argument). It is a listed building and requires repair. Since covid, it has been underutilised. Council Members are being asked to vote on whether to keep it. If sold, alternative accommodation for the President would be purchased with some of the proceeds. The local council will only allow limited works to be carried out to enhance the interior, assist accessibility and extend its planning use. One section of Council considers there is a financial benefit in selling it and that such a building does not reflect a modern profession. Another sector is concerned about the use to which the sale funds might be put; that it is a valuable asset, unlikely to be replaced by something as significant; and recognising that owning an historic building is not in itself a reason for disposal. Further, whilst expenditure on repairs is needed, it has considerable soft power value. With commercial activity in Chancery Lane increasing, many areas of Carey Street might be adapted to benefit members and others. What is your view?

6. CILEX regulation: CILEX has consulted its members on its request to be regulated by the SRA. TLS has concerns about the proposals from CILEX and from the SRA. The latter says it will regulate solicitors and parts of the legal executive community separately, with some shared areas- enforcement, investigation and governance arrangements. TLS has responded to both bodies, noting that the proposals could risk consumer confusion and lead to a loss of confidence in the SRA’s regulatory capacity. There is no evidence to support the SRA’s proposals (such as a suggested increase in access to justice); it will be acting outside its corporate objects and regulatory remit and the proposal suggests a false equivalence between two distinct groups of professionals, creating confusion for the consumer. Many legal executives and solicitors work alongside each other in harmony, under the current system of separate regulation. I’d welcome your take on the proposals.

The matter will be brought back to Council to debate in due course and once the two bodies have published their responses to their consultations. TLS is also keeping in touch with the LSB, the oversight regulator. ■

Adrienne Edgerley Harris aedgerleyharris@shentons.co.uk 01962 844544

Adrienne Edgerley Harris

Heppenstalls

Heppenstalls Solicitors are seeking a

Head of Conveyancing:

We are looking for an experienced and highly motivated conveyancer practicing as a Solicitor, Legal Executive or Licensed Conveyancer, with at least 5+ years of experience and a proven track record of supervision and development as this is not a training role. To head up a conveyancing team that has both experienced support staff and staff that are highly motivated but in need of training and mentoring.

Heppenstalls offer a professional, yet down to earth environment where traditional values meet modern application. We are growing and expanding our business which will be able to offer many avenues for progression and innovation. As a family first law firm we are mindful of the needs of a work life balance and do what we can to manage that while also achieving the high standards we set ourselves.

Location:

TBC

Role Description:

Manage own caseload and supervise/develop a team

Be motivated and enthusiastic to thrive in a busy environment

Have great customer care and maintain good relationships with stake holders

Identify new client and referral partners and other beneficial relationships

Benefits

• Competitive pay

• On-site parking

• Christmas shut down

• Flexible working opportunities

• Engaging and supportive environment

If this opportunity sounds of interest to you, please make an application and submit your CV. Your application will be dealt with in the strictest of confidence.

Please apply with a CV and Covering to jonathan.stokes@heppenstalls.co.uk 

Missing Wills

Brian George Sessions

DOB 18/09/1932 DOD 07/09/2023

Address –

57 Park Lane, Bedhampton, Havant, Hampshire PO9 3HQ

Beryl Patricia Renel

DOB – 18/03/1934 DOD – 04/08/2023

Address –Honeysuckle Cottage, 2c Sky End Lane, Hordle, Lymington SO41 0HG

Esme Mary Kidd

DOB – 18/05/1921

Address –

Braishfield Lodge East, Braishfield SO51 0PS

Alan William Rice

Just Family Law

Specialist Family PQE 3+ years

Location:

TBC

We are a bespoke family law firm seeking to recruit a specialist family lawyer with a minimum of 3 years pqe.

This is an excellent opportunity for a commercially astute team player who is able to work independently and handle a varied caseload of private family matters alongside a contribution to the marketing and development of the firm.

We can offer remote home working and both full time or part time roles will be considered

Our main office is in Hampshire however we represent clients throughout the SouthEast, nationally and internationally.

This position could also suit a locum in the interim with a view to the position becoming a permanent team member.

We are dedicated to excellence of client care and staff support.”

Contact email : joannehouston@just-family-law.com or call on 01962 217640 

DOB – 31/05/1932 DOD – 15/12/2022

Address –

28 Whitefield Road, New Milton

William Alistair Dyson

DOB – 26/09/1918 DOD – 13/10/2009

Address –

93 Howards Grove, Shirley, Southampton SO15 5PR

Betty Meriel Winter (Memory)

DOB – 18/02/1940 DOD – 12/01/2006

Address –

22 Gratton Close, Sutton Scotney, Winchester

The Solicitors’ Charity partners with Pennysmart, the Money Advice Specialists, for Solicitors in Need.

• The Solicitors’ Charity is now able to offer more support to solicitors struggling with low income, financial hardship or problem debt.

• Clients can get access to free budgeting, benefits and regulated debt advice.

• On-going support with achieving financial goals now offered through dedicated caseworkers.

The Solicitors’ Charity is pleased to announce a significant expansion in its support initiatives for solicitors with the introduction of an impactful partnership with Pennysmart.

This collaboration extends the charity’s current offering, giving solicitors the unique advantage of ongoing expert caseworker support from Pennysmart. This represents a substantial enhancement in the charity’s ability to provide tailored and continuous assistance, ensuring solicitors have a dedicated resource to effectively manage their finances over the long term.

Pennysmart provides free-to-client, impartial, confidential money, and debt advice either by telephone and/or digitally, dependent on the client’s needs.

In addition to its new financial support partnership, The Solicitors’ Charity continues to provide a multifaceted range of support, addressing various aspects of solicitors’ well-being, professional development, and personal challenges.

The Solicitors’ Charity’s CEO, Nick Gallagher said: “I’m pleased to be able to provide solicitors with an additional level of support through Pennysmart. This collaboration will serve as a lifeline for numerous solicitors seeking financial guidance, offering them the tools to regain control of their finances. Pennysmart is not only offering expertise on a range of financial topics, it is also providing one to one support to assist clients in achieving their money management goals. Implementing a plan can be easier when that support is in place and someone is in your corner.”

This strategic partnership is great news for the legal profession, offering solicitors throughout England and Wales access to a comprehensive range of financial support and expert debt advice.

Jayne Bellis, CEO of Pennysmart, expressed enthusiasm about the collaboration with The Solicitors’ Charity, stating: “We are delighted to partner with The Solicitors’ Charity to extend our services to solicitors in need. Our advisory services aim to empower clients in achieving financial resilience by optimising income, minimising expenses, and navigating debt-related challenges through access to effective debt solutions.”

If you, or a solicitor you know, needs support, get in touch with The Solicitors’ Charity today. Find out more about the charity by visiting www.thesolicitorscharity.org.

The Solicitors’ Charity has been supporting solicitors in times of need or crisis since 1858.

When times are hard, we provide practical, emotional and financial support to help people get back on track. We aim to make a permanent and positive impact on the lives of the people that we help. We may have been known by a few different names in our history (The Solicitors’ Benevolent Association and SBA being the most recent) but our purpose has never changed.

Find out more about The Solicitors’ Charity by visiting https:// thesolicitorscharity.org/. 

Nick Gallagher

The Solicitors’ Charity CEO

The Solicitors’ Charity CEO, Nick Gallagher.

Sufficiently Serious Breach? The Court Of Appeal Issue Landmark Decision Regarding Procurement Challenges

What is a sufficiently serious breach? We explain the landmark ruling in Braceurself Limited v NHS England. The primary question for the Court of Appeal in this case was whether, as a matter of principle, the lower court’s finding that, but for the Respondent’s breach, the Appellant would have been awarded the contract was decisive on the question of sufficient seriousness.

BACKGROUND

In February 2019, NHS England completed a nationwide procurement for the provision of Orthodontic Services in East Hampshire. The Appellant, Braceurself Limited, was the incumbent provider and one of two bidders for a Lot, which comprised a seven-year contract worth £32.7 million over its whole lifetime.

The Appellant’s bid was unsuccessful; the Lot was awarded to a company known as PAL in the proceedings.

One of the numerous criticisms made of the marking of the Appellant’s bid concerned accessibility of premises. The specific point centred on the evaluators’ assumption that a stairclimber –which the Appellant had included in its bid as a means of access to the first floor – was a form of fixed stairlift, when it was in fact a rather more flexible piece of equipment. The High Court judge accepted the submission that a manifest error had been made in the Respondent’s assessment of accessibility (because of the factual misunderstanding about the nature of the stair climber) and that this impacted on its score.

The judge then embarked on a consideration of the various factors relevant to the assessment of whether or not the breach / manifest error was sufficiently serious to justify an award of damages (or “Francovich damages”), a concept originating in European Law.

The Appellant’s argument before the High Court was the same as the argument pursued on appeal, namely that the individual breach altered the outcome of the competition (because, but for the breach, the Appellant would have been awarded the contract) and therefore the Appellant argued that this automatically meant that the breach was sufficiently serious to warrant an award of damages.

The first instance judge found the manifest error not to be sufficiently serious for a number of reasons which can be summarised as follows:

• It was a single breach in a very close competition;

• The misreading by the Respondent was at the excusable end of the spectrum and was a misunderstanding;

• The breach was inadvertent;

• The procurement itself was carefully planned.

THE APPEAL

Francovich Damages / Sufficiently Serious

There were three main issues before the Court of Appeal:

• In considering whether the breach is ‘sufficiently serious’ for the purposes of Francovich damages, is the finding that, but for the breach, the contract would have been awarded to the Appellant, decisive?

The Court of Appeal concluded that the answer was ‘no’ – the effect of the breach is not and cannot be determinative of the issue as to whether the breach itself was sufficiently serious to attract an award of damages.

• Whether the Francovich balancing exercise meant it was sufficiently serious without more, such as culpability, excusability, absence of good faith etc.

The Court of Appeal concluded that the judge was right in the approach that he adopted and that he carried out the balancing exercise correctly. The Court of Appeal considered that, even before the judge came on to deal with the Francovich issue, the scene was already set for the critical conflict in the case: between the consequences of the failure, and the numerous positive findings that the judge made about the evaluation and the inadvertent nature of the error.

• Whether the principle of effectiveness required a remedy, the judge having found there to be a manifest error and that the contract should have been awarded to the Appellant, but having also denied the award of damages to the Appellant.

The Court of Appeal confirmed in this case that the principle of effectiveness had no further or separate role to play. The Court of Appeal considered that the principle of effectiveness is concerned with whether or not there is a proper remedial process, and that it does not provide a guarantee of success; neither does it create an entitlement where otherwise there is none.

Manifest Error

The Court of Appeal went further in this appeal, and made a rare reversal of a finding of fact in respect of the judgment in the lower court concerning the manifest error. Based on the evidence which the Court of Appeal confirmed that the judge failed to take into account, they concluded that it was more likely than not that the scores would have been left unchanged, and the correct bidder was therefore awarded the contract.

The Court of Appeal therefore reversed the finding of liability in any event meaning that, strictly, they did not need to consider the ‘sufficiently serious’ arguments, but the fact that they did address these first addresses the importance of the guidance handed down by them to practitioners in the field.

The full judgment can be found here.

https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/39

INHS England was represented by Sarah Whittle (Legal Director) and Daniel Taylor (Associate), who instructed Fenella Morris KC and Benjamin Tankel of 39 Essex Chambers. 

The Rising Problem of Coastal Erosion

Wherever you are in Hampshire, you can never be that far from the coast, and even those of you in the north of the County will have dealings with it at some point.

Ihave read and seen an awful lot on the rising problem of coastal erosion. Even the diehard climate change cynic will have to accept that storms are more prevalent, and tides are rising as our planet is going though a warming period.

What caused the warming and what can be done are debates for another article, and there have been very many as we all know. But I saw one the other day that put things in a different light.

Basically, the angle was – “WE (Great Britain) ARE ISLANDS, THE PLANET IS WARMING SO TIDES WILL RISE, OUR COASTLINES WILL SUFFER – GET OVER IT!”

It was a completely new and refreshing view for me.

The article, I must credit to Nigel Richardson, Daily Telegraph.

Two very interesting points came to mind, both concerning coastal defence projects. As someone who lives very near the coast, I applaud the work going on to protect Southsea from flooding by sea, but all actions have a consequence.

1. Protect yourselves form Development and unprotect yourself from flooding by sea.

There are some lovely examples of people getting together to protect their neighbourhoods form being ruined by development. Just down the way in Sussex, the beautiful Witterings have been

saved by the locals buying shares in the land to prevent to the postwar spread of holiday camps.

But such actions mean there will be no funding for coastal protection. No properties at risk of damage equals no coastal defences, a low “benefit:cost ratio”.

So, there may be no buildings to ruin your view of the sea, but that sea will keep getting nearer.

2. Protect one part of the coast, only to kick the problem down the road (or coast).

The action of erosion, by breaking cliffs into rubble and shingle, actually helps protect areas down the way. All that new shingle finds its way to protect the next area to be attacked by the sea.

In Clamping, Sussex, one farmer has accepted his lands fate, losing 9 acres of land to the sea so far, and refers to a map from 1606 showing the coastline 300 metres south of its current position. Embracing the change instead, he is behind a 160km long rewilding project utilising the now marshland. 

Andrew Prismall Managing Director of HW Conveyancing Searches

The Concrete defences breached at Climping Beach

LEAP and WillSuite launch new end-to-end digital solution for estate planning and management

LEAP, the global provider of legal practice management software, and WillSuite, the estate planning innovator, have joined forces to launch LEAP Estates, an end-to-end digital solution for estate management, probate and lifetime planning professionals.

LEAP Estates is a specialist practice productivity solution that equips Private Client practitioners with the tools they need to manage matters on a single platform. Previously, many departments had to use multiple applications for practice management, wills, LPA applications, trusts and probate applications. However, the new solution from LEAP and WillSuite provides a single location for all these functions, improving and simplifying both the practitioner and client experience.

The mission of LEAP Estates is to continually elevate the provision of private client service through innovative technology. Both based in Nottingham and benefiting from the city’s booming technology scene, the two pioneers of legal cloud technology have developed LEAP Estates to support practitioners navigate the changing legal technology landscape. The solution benefits from the shared knowledge, development capabilities and operational resources from both businesses, which is essential in delivering highly effective software with estate management, probate and lifetime planning professionals in mind.

As a specialised division, LEAP Estates offers intuitive information and processes that can be shared with clients, facilitating dynamic and proactive estate planning. LEAP Estates users will also have access to the software provider’s extensive content library, including new recent additions for Private Client practitioners.

One recent addition to the content library is a document that provides hyperlinks to all the legacy settings on social media. This document is designed to be shared to clients. It offers advice on how to enable legacy settings on platforms like Twitter, Facebook, and Instagram for individuals considering their legacy and making a will.

“Estate planning and Private Client practice probably evolve more rapidly than any other area of law, because it responds to how we live our lives today,” says Craig Matthews, CEO of LEAP Estates. “As a society our attitudes to estate planning are changing, with healthier and younger people considering lifetime planning. Each new generation brings a different asset portfolio, and family structures now vary, impacting wills and probate services. Assets have also evolved, with elements like cryptocurrency, NFTs and digital banking now playing a role. We’ve developed LEAP Estates to support Private Client practitioners in meeting the evolving needs of individuals in their lifetime planning.”

LEAP Estates also includes key functionality for will writing, available through WillSuite. This includes mirroring across wills and LPAs, as well as LPA copying. The will writing software provider works in partnership with the Institute of Professional Will Writers and The Society of Will Writers, with over 3,500 wills and 2,500 LPAs drafted on the WillSuite platform each week.

Seb Shakh, founder and CEO of WillSuite comments, “Since inception in 2015, WillSuite has grown from strength to strength. Our software is now firmly a market-leader, and simplifying the delivery of Private Client work for thousands across the profession is what we do best. This collaboration with LEAP is the next logical step in our journey and pairing our expertise with the world’s largest legal tech platform ensures we can deliver even greater advancements and efficiencies within the sector together through a single integrated solution.”

LEAP Estates can sit within a specialist private firm or a department of a firm. It is also available to accountants offering lifetime planning and probate services, will writers, estate planners and IFAs. For more information, please visit www.leapestates.co.uk 

About LEAP Estates

LEAP Estates occupies a unique position in the legal software market, providing specialist software for probate solicitors and estate planners. With powerful features and functionality, the innovative solution provides everything you need to manage your client’s wills, LPAs and estates efficiently, including case management, accounting, document assembly and management, will building and legal publishing assets in one integrated cloud solution.

For more information, please visit www.leap.co.uk.

About WillSuite

WillSuite offers cloud-based software that simplifies the process of drafting Wills, LPAs, and other documents for Will drafters, Financial advisers, Solicitors, and Estate planners. With innovation at its core, WillSuite aids efficiency, minimising errors, and improving client service and has allowed practitioners to generate over 600,000 Wills and 1 million documents since inception in 2015. Partnered with The Society of Will Writers and the Institute of Professional Willwriters, WillSuite includes document automation tools delivering up to date content and clauses written in plain English, seamless integrations, and improved client communication via custom workflows and automated branded channels. Learn more at https://willsuite.co.uk/contact.

Seb Shakh, founder and CEO of WillSuite and Craig Matthews, CEO of LEAP Estates

From intake to invoice: How to extract full value from your legal tech investments

You may manage a legal practice, might be a clientfacing fee-earner, or you may keep the back office running smoothly. Whatever your role in your firm, you’re busy and your time is precious.

Technology has a big role to play in unlocking efficiencies for law firms and there are any number of options on the market. But how can firms maximise the impact these innovations offer?

The best way is to bring together disparate systems onto a single platform, enabling streamlined operations, efficiency gains, and risk reduction. From practice management to conveyancing, due diligence, company formations, legal accounting, and document management, the firms who can access all these tools seamlessly from a single place will give themselves a distinct advantage in productivity.

Imagine having access to a range of products and services in one location, accessible with a single login. This level of integration eliminates the time-consuming task of navigating through multiple applications and managing several suppliers.

The impact? Removing administrative bottlenecks and reclaiming precious fee-earning time.

The Future of Legal Tech

Dye & Durham’s new Unity® Global Platform is a nextgeneration solution that introduces an array of new applications and features—all accessible in a single, userfriendly platform. Think of Unity® Global Platform as your single destination for everything you need to run a thriving legal practice, including:

• Practice & case management including legal accounting and billing

• Client Onboarding with full KYC/AML, Source of Funds, and integrated TA6 property information forms

• Due diligence searches

• Conveyancing workflow & data

• Automated forms, document creation & management

• Calendaring, task management, and time tracking

• And more

All of these essential applications are easily accessible by logging in at dyedurham.co.uk.

Step into the future of legal tech — and make sure you are getting the full return on your technology investment — with Unity® Global Platform.

Visit https://dyedurham.co.uk/unity-global-platform/to learn more or contact our team for an introductory discussion at salesteamuk@dyedurham.com 

In today’s dynamic landscape of education, milestones hold significance beyond mere benchmarks; they symbolise evolution and growth.

As we reflect upon the achievements of Stroud School and King Edward VI School, there is a palpable sense of anticipation. Central to this anticipation is the notable success of the Head’s Recommendation initiative, introduced in the Autumn Term of 2022. This unique route into Hampshire’s leading Independent senior school has meant Stroud children and families have a guaranteed place at the senior school for 2024 entry, without the risk and anxiety associated with the external examination route. The outcomes are striking as both schools have announced an impressive 68% of pupils have demonstrated the appropriate academic potential and have become the first cohort to be awarded a Head’s Recommendation.

Mr Parkers says “We know that Stroud provides young people not only with the academic grounding to allow them to thrive at KES, but also the wider character skills which are so important in the 21st century. By introducing a new Head’s Recommendation route for Stroud families,

we have made a huge step forward in celebrating and building upon the unique ties which bind our schools, and which have proven such a benefit to pupils and staff in both schools for the past decade”.

Yet, the excitement does not cease there—amidst this wave of success, Stroud School proudly announced its new identity: King Edward VI Preparatory (KES Prep), effective from September 2024. By embracing the name King Edward VI Preparatory, the school heralds a unified journey from preparatory to senior levels, reaffirming its dedication to delivering an exceptional education.

The Head’s Recommendation scheme and academic success at Stroud this Spring sets the tone perfectly for a future in building a truly exceptional 3-18 offering for families across Hampshire.

As the schools embark upon this new chapter, Stroud and KES are delighted to introduce the Create Your Story campaign—a celebration of the diverse passions and love of learning within their community. Through 70 authentic narratives from Stroud children, KES pupils, and dedicated staff, they cordially invite you to delve into the true essence of the schools. 

Create Your Story with Stroud & King Edward VI School

Discover the Key Trends Shaping the Legal Profession in 2024 with Clio

Clio the leading global provider of cloud-based legal technology, revealed the key trends shaping the future for lawyers in the Legal Trends Report. For solicitors, it is crucial to stay ahead of these trends to remain competitive and thrive. The report provides insights to help your firm grow from finance optimisation to AI integration.

KEY TRENDS FOR 2024 FROM THE LEGAL TRENDS REPORT:

Steady Growth and Collections

Law firms are experiencing steady growth, with increased utilisation, realisation and collection rates. On average, solicitors are working over 40% more cases and billing 70% more compared to 2016. However, collections have room for improvement; quick payment collection is crucial for success.

Online Payments

Implementing online payment options can significantly improve collection rates. According to the Legal Trends Report, firms using Clio Payments get paid twice as fast. Clio Payments, a secure payment solution, enables clients to make convenient online payments, resulting in faster collection times.

Cash Flow Management

“Lockup” measures the time it takes to receive payments for services rendered. The median lockup period is 97 days, indicating that firms have performed work that has yet to be billed

or collected. Cloud-based legal practice management software like Clio can automate administrative tasks and reduce lockup times.

Client Payment Delays

Both solicitors and clients share responsibility for payment delays. 41% of solicitors say clients don’t pay on time, and 24% said too many don’t pay at all.

However, clients tell a different story; 15% say they never received a bill, and 28% say they waited a noticeably long time to receive their bill. Strategies such as encouraging electronic payments and investing in AI-enabled payment systems can reduce friction and expedite payments.

AI and the Future of Law

AI-powered tools are already impacting law firms, making operations more efficient and competitive. Despite some hesitancy, lawyers are increasingly interested in adopting AI technology to enhance the quality of legal services and improve decision-making—71% of legal professionals who want to use AI plan to do so within the next year.

Want to learn more? Read the full Legal Trends Report now and embrace the future of law. Visit clio.com/uk/LTR. ■

Migrant Support Handbook

LEGAL ACTION GROUP

The access to justice charity

By Shu Shin Luh and Connor Johnston

AN INDISPENSABLE HANDBOOK FOR SPECIALISTS IN IMMIGRATION LAW, YET ACCESSIBLE TO ALL INTERESTED READERS

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

Is there a new law text out there that is more topical than this? Not to mention more vital than this? Probably not -- although many may well argue the point. It is indisputable, however, that mass migration, whether legal or illegal, has become an international problem, particularly for the UK -- and in the view of many -- it is a problem that is well-nigh insoluble.

It is fair to say, however, that immigration lawyers in particular -- as well as anyone involved in, or committed to, achieving viable solutions to the problems inherent in migrant support -- will welcome the publication of this book by the Legal Action Group.

Authors Shu Shin Luh and Connor Johnston have noted that the book (conceived some six years ago) was painstakingly researched and written to ‘replace the irreplaceable’ “Support For AsylumSeekers” by Sue Willman and Steve Knaffer QC, published by LAG in 2009. It is sobering to recall how much and how quickly and relentlessly the world has changed since then -- making the problem of asylum seekers ever more acute.

The publication of this book is therefore all the timelier. And certainly, the almost insoluble complexity of its subject matter is reflected in its more than 1,2000 pages of scholarly and thorough research presented (in the tradition of the LAG) in a clear, accessible style; accessible, that is, not only to lawyers, but to anyone interested in, or involved with, this detailed and certainly controversial and difficult subject, which has occasioned so much debate.

With its focus on the welfare and legal rights of migrants, the book provides in-depth coverage of, for example, housing and welfare, benefits, NHS access and provision and social services, as well as support for failed asylum seekers with reference to special cases; notably unaccompanied children and -- most heart-rending of all -the victims of human trafficking.

This is a handbook you could almost call encyclopaedic. Certainly, it offers specialists in this wide-ranging and many-faceted and complex area of law, a gateway to further research. Note that the first 150 or so pages contain tables of cases... statutes... statutory instruments... immigration rules... and a table of European and international legislation. Also, for a volume its size, it is remarkably easy to navigate, containing as it does, copious footnotes, a detailed table of contents and an even more minutely detailed index of at least 115 pages. A handy handbook? Absolutely.

As immigration -- both legal and illegal -- will undoubtedly emerge as a prime issue during elections and beyond, this scholarly yet eminently readable volume will prove indispensable, not only to practitioners, but to anyone interested in the wide-ranging issues inherent in this undeniably difficult area of law. ■

Charging Orders On Land Practice and Precedents 2nd Edition

By Cecily Crampin and Michael Ransom and members of Falcon Chambers

CHARGING ORDERS ON A DEBTOR’S PROPERTY: CLEAR, AUTHORITATIVE AND PRACTICAL ADVICE FROM FALCON CHAMBERS

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator

“ Charging Orders on Land” has now arrived as a second edition from Falcon Chambers for 2024 -- an event which will certainly be welcomed by counsel embroiled in the specifics of charging orders, which, more often than not, present special problems. What we have here is a highly specialised and quite narrow area of law in which attention to minute detail is all too often imperative. The precedents at the back of the book are of great assistance to those involved in drafting orders.

Fortunately for practitioners and judges dealing with the challenge of changing orders, this distinguished text published by Wildy, Simmonds & Hill, presents up to date and authoritative help in what is now regarded as the definitive work on the subject.

Editors Cecily Crampin and Michael Ransom are assisted by nine contributors from Falcon Chambers, known as the set which specialises in land law and landlord and tenant work. Practitioners seeking guidance from this new and updated edition can be confident that they are in good hands. For example, there’s a new chapter on insolvency regimes, plus the inclusion of new CPR procedures and precedents.

This then, is an ample and detailed compendium of practical advice and guidance on ‘the enforcement of money judgements by means of obtaining a charging order.’ Initially, this may sound straightforward, except that all too often it isn’t, as any number of complications can occur within the various stages of enforcement on which there is a special chapter. Also read the chapter on priorities and problems and note the specialist advice on sanctions, tenanted property, overseas entities and much more, including the new chapter on corporate and personal insolvency.

Certainly the book can be depended upon to explain or clarify the various -- and seemingly endless -- snags and contingencies that frequently occur within this particular category of law, including (probably the most frequent of all) the cases which come under the heading of ‘Personal Circumstances: the family home’ which typically is balanced against the claims of the judgment debtor’s spouse... or possibly former, or divorcing spouse... or ‘any children who live in the property to be shared.’

It is also carefully pointed out that sometimes in such cases, the charging order can be withheld, or the interest of one party, for example, can be transferred to the other. Small wonder then that, in the opinion of quite a few practitioners, the concept of the charging order all too often presents a serious impediment to selling a house and clogging up the already stretched housing market.

Considering the often complicated and sometimes controversial area of law, it is reassuring for the busy practitioners that this comprehensive and carefully researched legal text is easy to navigate. The table of contents is almost minutely detailed, and the extensive appendices offer more than 100 pages of statutory material and precedents -- an invaluable resource which will be of special interest to counsel charged with drafting orders. Also note the tables of cases, statutes, and statutory instruments, plus tables of European conventions and other material.

Any practitioner involved in this highly specialised area will find this comprehensive and carefully researched legal text well-nigh indispensable. ■

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