Hampshire Legal Autumn 2019

LEGAL HAMPSHIRE

The Official Journal of THE HAMPSHIRE LAW SOCIETY

AUTUMN 2019

Could you have Imposter Syndrome? see page 18

Inside this issue:

HAMPSHIRE LAW SOCIETY

■ Well-Being ■ Conveyancing ■ Happenings in Hampshire ■ News

Contents PUBLISHER Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 0151 236 0440 Fax: admin@benhampublishing.com email: www.benhampublishing.com web:

Introduction

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Local News 6-11

Happenings In Hampshire

CPD – Training

ADVERTISING AND FEATURES EDITOR Anna Woodhams

12-13 Hampshire Law Society CPD Events

GRAPHIC DESIGNER John Barry

Social Events

ACCOUNTS Joanne Casey

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MEDIA NO. 1650

14-15 National Local Law Society Conference Report

Junior Lawyers Division

PUBLISHED

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November 2019

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LEGAL NOTICE

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20-21 Lady Hale & the Road to Democracy 23 Lawyers for Extinction Rebellion

DISCLAIMER The Hampshire Incorporated Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation.

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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 member 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.

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Email: bdo@hampshirelawsociety.co.uk Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

Email: anna@benhampublishing.com Tel: 0151 236 4141

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COVER INFORMATION Could you have Imposter Syndrome?

by Ann Charlton. See page 18

Members wishing to submit material please contact the Editor, Alison Plenderleith, before copy deadline.

Why Quill ticks all the boxes

Conveyancing

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

3rd February 2020 18th April 2020 2nd August 2020

Could you have Imposter Syndrome?

World Mental Health Day 2019 Dealing with stress

Articles

Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

Copy Deadlines

Thank you for your membership

Well-Being

© Benham Publishing.

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

Junior Lawyer of the year

Membership

© The Hampshire Incorporated Law Society Benham Publishing

Winter Spring Summer

Officers President’s Review

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poweredbypie Launches Document Portal to Enable Secure Exchange of Sensitive Client Data Eastleigh: Land of the Yimbys?

GCS Title Insurance – Comprehensively Simple Unoccupied Property Insurance – Prepare Your Home for When the Weather Turns

Legacies 34

Angus...

Finance 35

Financial Modelling – is it a benefit for clients

Notices 37

ANDREWS ON CIVIL PROCESSES

Notices 38

Notices

Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/

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Contacts

HAMPSHIRE LAW SOCIETY CONTACTS The following is an up-to-date list of committee members’ names and addresses and the sub committees to which they belong:

President

Business Development Officer

Mr J. Robertson

Alison Plenderleith

Email: jrobertson2006@hotmail.co.uk

Lanchet Cottage, Stuckton, Fordingbridge SP6 2HF Tel: 07429 523183 Email: bdo@hampshirelawsociety.co.uk

Deputy President Mr J. Gleisner Trethowans Botleigh Grange Business Park Hedge End Southampton SO30 2AF DX 154120 Southampton 48 Tel: 02380 820465 Email: james.gleisner@trethowans.com

Deputy Vice President Mrs M Aldridge Jasper Vincent 44 Queensway Southampton SO14 3GT Southampton Tel: 023 8063 3225 Email: maldridge@jaspervincent.com

Law Society Council Members Nick Gurney-Champion (Hampshire and Isle of Wight) Biscoes 67 Union Street Ryde Isle of Wight PO33 2LN Tel: 01983 615615 Email: ngc@biscoes-law.co.uk

Honorary Secretary

Razi Shah (North Hampshire)

Mr I. Robinson

Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel: 01753 860606 Fax: 01753 860620 Email: rshah@applebyshaw.com

Churchers Solicitors 13-18 Kings Terrace, Portsmouth PO5 3AL DX 2205 Portsmouth Tel: 0239 288 2001 Fax: 0239 286 2831 Email:irobinson@churchers.co.uk

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

Immediate Past President Miss K Colmer Email: kricolmer@hotmail.com

Administrator Nicola Jennings 92 Chessel Crescent Bitterne Southampton SO19 4BS DX 52766 Bitterne Tel: 023 8044 7022 Fax: 023 8044 7022 Email: administration@hampshirelawsociety.co.uk

Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc And LinkedIn https://www.linkedin.com/company/hampshire-incorporated-law-society/

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Complaints

James Gleisner james.gleisner@trethowans.com

Education & Training

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

Litigation & Disputes Resolution

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

Membership

Roderick Hursthouse Alison Plenderleith Deglan Rowe

Non Contentious

Matthew Robbins Simon Whipple Nick Gurney Champion

Publicity

Mo Aldridge (Chair) maldridge@jaspervincent.com Kristina Colmer Alison Plenderleith Nicola Jennings

Regulatory

Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Ian Robinson

Social

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

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

Introduction

President’s Review Autumn 2019 This is my last column as President. It has been an honour to serve the Society, particularly as President during the last 12 months, and we have seen both continuing and new successes during that time.

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e were delighted to host the Local Law Societies National Conference in Portsmouth in September. We heard some great speakers including Simon Davies, President of the Law Society and Dr Sarah Russell from Dementia UK, the Conference charity. Earlier in the year, Mo Aldridge, our Deputy Vice President organised some country and coastal walks and she hopes to do so again next year. Our education programmes continue to be well attended, indeed, they are often the gateway through which people become more involved with the Society.

If you were one of the 200+ members who attended our Annual Dinner and Awards in June you will recall the humorous and inspiring speech by Eddie the Eagle who sadly did not arrive by crashing through the roof on a pair of skis. His slight delay in joining us lead some to speculate that this stunt may have been in preparation.

I have thoroughly enjoyed some of the dinners I have attended on behalf of our Society, most recently the Basingstoke Law Society where I hope I filled the brief of giving an update on news from Chancery Lane but with humour!

Mo Aldridge and James Gleisner have led a sub-committee to review the way the Society works, take stock and present a new business plan for the next three years. The sub-committee is towards the end of that process and I am grateful to all those who have contributed.

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The legal profession is going through some uncertain times.

Indeed, it often feels as though this has become the new norm, not knowing what is coming around the corner. The latest challenge will be how the new SRA regulatory changes will affect the profession. We can certainly expect an impact for both practitioners and clients alike. It will have a significant impact on how non-reserved legal work is delivered and could amount to a throwing open of the doors to new entities that wish to provide legal services. The idea is that it will drive down costs to consumers still further but some practitioners may wonder where traditional law firms are going to be able to make savings to stay in the market. More information can be found on both the Law Society and SRA websites.

For those who are unable to make the AGM and dinner on 3 December I would like to record my thanks here, to the whole of the Committee for their support and hard work in the last 12 months. I would particularly like to thank Alison Plenderleith and Nicola Jennings for keeping the cogs turning and giving many important nudges along the way. Finally, I would like to wish the incoming President and new office holders all the very best for the future. ■

Joe Robertson President, Hampshire Law Society

AGM AND CHRISTMAS DINNER

Date: Tuesday 3 December 2019 Venue: Solent Hotel, Whiteley Time: 5.30 followed by dinner at 7.30 The 2019 AGM and dinner will take place at the Solent Hotel in Whiteley on 3 December 2019 The formalities of the evening will be followed by a short and lighthearted look at an appropriate topic from our sponsors Insight 6 and a three course seasonal dinner.

CX For Lawyers CX means Client Experience, and many law firms do not give this key aspect of business as much attention it requires.

Aimed at the firm level and at individual lawyers, Jim Smith of insight6 will explain what CX encompasses in terms of the whole Client Journey, what happens if it goes wrong, how you can get a sense of and measure your CX levels, and what the sector benchmark is. insight6 works with numerous Law

Firms across the region and countrywide to improve their measurement and deployment of CX standards, and carries out one of the largest surveys on this subject.

The after dinner speaker will be Nick Gallagher from the SBA We will also take this opportunity to welcome any newly qualified solicitors to the county, please mention this to anyone within your firm who may wish to attend.

The booking form for dinner can be requested from Nicola Jennings by email administration@hampshirelawsociety.co.uk or phone 023 8044 7022.

There is no charge for the AGM. Dinner is £35.00 per head.

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Happenings in Hampshire

Churchers Solicitors raise £4,000 for local children's cancer charities Over 60 Churchers employees and their families joined forces for colleague’s daughter in 20 mile route on Sunday 13th October to raise £4,000 for The Rainbow Trust and the Starfish ward (Portsmouth Hospitals Charity).

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ind and rain didn’t stop team Churchers running, cycling and walking the Hampshire route joining up the five law firm’s offices in Fareham, Cosham, Portsmouth, Gosport and Leeon-Solent.

The Rainbow Trust and Starfish ward (Portsmouth Hospitals Charity) were chosen to receive equal halves of all funds raised.

Both charities have helped Jessica and her family both practically and emotionally through the last six months.

The four-year-old daughter of one of Churchers partners, was diagnosed with lymphoblastic leukaemia back in March 2019.

Jessica was an inpatient for three months and still attends the Starfish Ward at QA in Cosham daily for intravenous antifungals

to treat infections in her kidneys, liver and spleen.

The Rainbow Trust offer an extra pair of hands to help Chris, Jessica’s father, by taking Jessica to appointments and looking after her two young siblings.

Chris Matthews is immensely grateful for everything both charities continue to do. He said "all the support makes life so much easier when you are trying to care for three children and work at the same time, they are more like family to us now".

Further information about both charities can be found at: https://www.porthosp.nhs.uk/get-involved/fundraising/about-us.htm https://www.rainbowcentre.org/ ■

Roz Makes Move to Donnelly & Elliott A legal specialist in Wills, Trusts and Probate has joined the team at Gosport law firm Donnelly & Elliott to head up its private client services.

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fter taking time to raise her four children, Roz Wyeth returned to work in 2002 by taking the position of legal secretary at Trethowans in Salisbury. Displaying an aptitude for managing legal cases, she was encouraged to study a degree with the Institute of Legal Executives.

‘It wasn’t something I had considered before, but I was enjoying the work, so it made sense,’ Roz recalls. ‘I like working with numbers, so I found the figure work involved in estate administration and probate very satisfying.’

‘I also love working with the elderly. When clients come to see me about their Wills with what they perceive to be a difficult or complicated problem and I am able to offer a straightforward solution, the look of relief on their faces makes you so happy you have been able to help.’

In 2013, Roz joined law firm Coffin Mew where she not only dealt with a caseload of wills, trust administration, probate and lasting powers of attorney, but also took responsibility for establishing and developing the firm’s Gosport office. After two years, she made the decision to

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live in Gosport and devote all her time to serving its local community.

‘I really enjoy living in Gosport. The people are friendly and welcoming, there are some beautiful parks and, of course, we have wonderful beaches. I have found it a very peaceful and happy place to live.’

Now Roz has made the move to renowned Gosport legal practice, Donnelly & Elliott, and is delighted to be heading up its Private Client department. ‘The thing I enjoy most about working for High Street law firms, is the close contact you have with the client. You know the road they live on, you often meet generations of the same family and you can offer a well-rounded, supportive service that is tailored to the individual.’

When not spending time with her four children and six grandchildren, Roz can be found at football matches cheering on Arsenal Football Club, a devotion she has inherited from her father. ■

Happenings in Hampshire

Glanvilles LLP's charity quiz night was a hit!

On Wednesday 6th November, Glanvilles held their annual charity quiz night in aid of Dementia Support, a local charity based in Chichester.

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ur quizmaster Lance Terry, partner in Glanville's Company Commercial team, was grateful for the wonderful generosity and support received to help us make the evening such a success. Due to an amazing raffle and the support from all 24 teams that attended, we are proud to announce the total figure raised was £1,600.

Sally Tabbner, Chief Executive at Dementia Support, said "The amount raised is fantastic and will be a great help towards our £1million Wayfinder Appeal, helping more families find their way to live well with dementia. Thank you to everyone that supported Glanvilles with their quiz night". ■

Newly qualified Solicitor for Jasper Vincent After many successful years in Business Development Karen Jones decided that Law was her calling.

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he had been fascinated with the legal system for a long time and decided to embark on a dramatic change of career. Karen joined the firm in 2017 and worked as an assistant and then a Trainee Solicitor to gain her qualifications and we are very proud that she was admitted to the roll on 01 October 2019. She achieved her qualifications at the University of Law in Guildford and also completed a Masters in Law whilst doing her LPC. Karen has stayed with the firm and is based in the Segensworth office within the Family Department where she assists Amanda Adamson in building the firm’s profile and reputation within this field.

Karen is a member of Resolution and has a deep

interest in mediation and is always keen to look for positive outcomes.

She is a well established member of the local community having lived in Fareham all her life. In her spare time Karen is a strong football supporter of her local youth team and can be regularly seen cheering on her son from the side lines. She is also a promoter for the football club of the RESPECT values for parents and players alike.

Jasper Vincent Solicitors would like to pass on their massive CONGRATULATIONS to Karen on qualifying and to praise her commitment and hard work in achieving her goal. We look forward to her continuing to work with us. ■

Trethowans trainees qualify as solicitors Trethowans is pleased to announce that their second year trainees have successfully qualified as solicitors after completing their training contract with the firm.

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ach of the qualified solicitors, Gerrard Tin, Zach Rooney and Kira McKane have also been offered and accepted full-time roles with the firm. The decision to retain all three trainees comes as the law firm prepares for continued growth in 2020 and beyond, having reported a significant increase in revenue earlier this year. It brings the number of employees at Trethowans to an impressive 246 partners and staff.

Gerrard will join the banking team based in Trethowans’ Bournemouth office and Zach will qualify into the commercial property team based in Trethowans’ Salisbury office. Kira will join the

employment team in Trethowans’ Southampton office.

The trio pass on the baton to four new trainees, who have joined the award-winning law firm in recent weeks.

Trethowans’ Managing Partner Chris Whiteley said: “The fact we’ve given all of our trainees permanent roles with the firm is proof that we’re positive about the future. Having the right team in place will allow us to build upon the strong growth we’ve already achieved.” ■

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Happenings in Hampshire

Emily Wins Property Prize

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An assistant in the property team of Portsmouth’s leading law firm has been named the recipient of a prestigious award for her studies at the University of Law.

t is a double celebration for aspiring lawyer Emily Watts, who since joining legal practice Verisona Law in 2017, has been studying part-time at the University of Law in Guildford. Not only is she celebrating her graduation from the professional learning centre’s LPC course, but she is doing so having been awarded the ‘Gateley Plc Prize for Excellence in Property Law’.

‘I was quite overwhelmed when I first heard the news,’ says Emily. ‘Studying such an intense course part time in addition to having a full time job has been very demanding so to be given an award in addition to my degree has been really exciting.’

Having studied languages at the University of Exeter, Emily began her career in 2012 with her first job as a legal secretary. Over the following five years she gained experience in law firms across Hampshire and Surrey, spent two years in London working for AIG Europe Limited, and began studying at the University of Law in 2015, being awarded a diploma after her two year conversion course.

After initially joining Verisona Law’s corporate and commercial team, Emily moved into the firm’s commercial property division in June 2018.

‘I enjoyed property work from the start, so was thoroughly enthused when it came to choosing options for my LPC,’ she explains. ‘I did both the mandatory Real Estate and elective Advanced Real Estate options, achieved marks of 84% and 89% respectively, so it feels like this is the area of law I was meant to practice.’

Emily’s name will now be inscribed on the prize board in the library at the university, and she is looking forward to the prize giving reception on 7th November.

‘We are really proud of Emily,’ says Verisona Law’s Managing Director, Sue Ball. ‘She has worked hard and shown a natural flair and talent for the work she does at the firm. She deserves her award and all the recognition that goes with it.’

‘I am so grateful to Verisona Law,’ says Emily. ‘The firm gave me time to study, a major contribution to the course fees and my colleagues have been so supportive.

There is no way I could have achieved what I have without the firms support.’ ■

Trethowans prepares for long-term growth with new trainees

Trethowans has taken on four new trainees, in a mark of its ambition for sustained, long-term growth.

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he four new trainees join Trethowans’ current trainees, who will be moving into their second year of training; making a total of seven trainees currently undertaking a twoyear training programme to qualify as solicitors.

Emily Thompson will begin her training contract with the personal injury team, working across the Poole and Salisbury offices. Also based in Salisbury will be William Pereira, who joins the commercial property team.

Meanwhile, Robert Oliver joins the corporate and commercial team in Southampton and Isabelle Morgan will begin her training with the family law team, also in Southampton.

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Trethowans’ Managing Partner Chris Whiteley said the appointment of four new trainees was evidence of the firm’s strength in the market and ambitions for the future.

He said: “We’re very much looking ahead to the long-term future of Trethowans and, without a doubt, having the right team is vital to our success. That’s why we’re working now to nurture the talent of tomorrow”.

Lucy Gleisner, Training Partner for Trethowans, added “We’re pleased to welcome our new trainees and have no doubt they’ll follow in the footsteps of their predecessors, who have gone on to great things within the firm.” ■

Happenings in Hampshire

Pictured: (L-R) Ben Ironmonger, Susan Davies and Olivia Dyer

Scott Bailey continues its strategy for growth Scott Bailey are pleased to announce three new appointments. Ben Ironmonger has joined their expanding company and commercial team enhancing the range of skills on offer to local businesses.

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ollowing a relocation, Ben Ironmonger joins Scott Bailey having previously been a partner at boutique commercial firm in Sheffield. He has wide experience in the fields of commercial and corporate law, having advised business and healthcare clients on both contentious and noncontentious matters. He also brings particular expertise in intellectual property and IT. Susan Davies has joined the Private Client department. She was previously a senior member of a West London firm and has a wealth of experience in all aspects of Wills, Trusts and Probate. Susan has a long connection with Lymington and, by joining Scott Bailey, has returned to her roots.

Olivia Dyer has specialised in family law for some 10 years and was previously working in Salisbury. She has particular experience in financial disputes arising from relationship breakdown. Olivia was born and brought up in the New Forest area and is delighted to be returning to the coast.

Nick Jutton, Senior Partner at Scott Bailey commented “The arrival of Ben, Susan and Olivia represents the next step in our ambitious expansion plans. Their appointment will both consolidate and add to the service we already offer to our clients whether individuals or commercial enterprises, big or small.” ■

Highest rankings for Moore Blatch in Chambers Recognition demonstrates quality of legal services across the firm Moore Blatch has gained widespread recognition in Chambers, the UK’s leading guide to the top lawyers and law firms in the UK.

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oore Blatch was recognised for 13 practice areas, all in the top 4 bands, as well as 21 individuals with many individuals rising up the rankings or being listed for the first time.

The Clinical negligence and Personal injury teams, praised for their “highly impressive track record” and “outstanding reputation”, were given the highest rankings in band 1.

Also recognised were Agriculture and rural affairs, Corporate M&A, Insolvency and restructuring, Professional negligence, Employment, Family/matrimonial, Real Estate, and Litigation.

21 Moore Blatch lawyers are listed as leaders in their field, with Anne Cassidy (Clinical negligence), Damian Horan (Personal injury), Debra Emery (Family and matrimonial), Tim Spring (Clinical negligence) and Trevor Sterling (Personal injury) all placed in the band 1. Ed Whittington,

the firm’s Managing partner, is listed as an ‘Eminent Practitioner’, described by the guide as a ‘highly influential lawyer’. Lawyers were praised by clients as being “brilliant” and “superb” with many commenting on how the lawyers are “very professional” as well as “personable and down to earth” and “supportive and empathetic”.

Ed Whittington, Managing partner, commented “Chambers rankings can be hard to achieve, so these results are testament to the quality of our people and the services we provide. They also demonstrate our commitment to understanding our client’s needs, and our focus on achieving the very best outcomes for them. I am delighted this been reflected in both the firm’s ranking and in the feedback we have received from our clients.” ■

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Happenings in Hampshire

Pictured: (L-R) James Elke, Maxwell Green, Leanne Gray, Dan Norris and Georgia Chandler.

Churchers growing team James Eke:

Leanne Gray:

We are very pleased to be welcoming James Eke to our growing Residential Property and New Build team as a Paralegal in the firm’s Fareham Office. His recruitment follows a period of continuous growth within the New Build department, James will be working closely alongside Karen King, Associate, within the New Build team.

James says “I’m excited to be offered this opportunity and am really looking forward to the challenges which lay ahead.”

Leanne began working in family law in 2007 where she commenced her training with the Chartered Institute of Legal Executives and subsequently qualified as a Graduate Member in 2012. After working in the Waterlooville and Southampton area, Leanne commenced employment with Churchers Solicitors in October 2019. Leanne is currently working towards qualifying as a Chartered Legal Executive.

Leanne deals with both private and public law child care matters.

Leanne’s work is supervised by senior members of the department.

Both Georgia Chandler and Dan Norris, who are currently trainee solicitors, will be admitted to the Roll on the 15th November as they will be fully qualified.

Maxwell Green: We are very pleased to be welcoming Maxwell Green to our growing Commercial Property team as a Solicitor in the firm’s Fareham Office.

His recruitment follows a period of strong continuous growth within the department.

Maxwell, qualified in 2017 and since qualifying has gained an abundance of knowledge in a range of commercial property transactions, complex residential matters, lease extensions and equity release.

Maxwell says “I’m excited to be taking the next step in my career within our well-established and fast-expanding Commercial Property Team. I am looking forward to the challenges which lay ahead.”

Ian Robinson, Managing Partner, comments “I am delighted to welcome Max to Churchers. He joins our expanding commercial property team which has a proven track in delivering high quality results”.

Dan Norris: “Training with Churchers has offered absolutely everything that I wanted - I’ve had the opportunity to train and learn under grew supervisors and I feel like I appreciate how a law firm really operates. I am thrilled to be joining the matrimonial team here where I will be specialising in a full range of family work - divorce, private children arrangements, financial arrangements and protective injunctions”.

Dan will be working in our Ryde office once qualified.

Georgia Chandler: “I am lucky to have received such a well structured and well rounded training contract. Post qualification I will remain in the Private Client team.”

Georgia will be working with Jess Measham in the Cosham office on qualification. ■

Larcomes leading the way in supporting staff and the community through counselling Janice Ward who is the Managing Partner for Portsmouth based solicitors Larcomes LLP has recently become involved in a pro bono initiative with local charity The Lifehouse.

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lthough for most of her professional career Janice has been working in business management and finance, she has always had an interest in people and has wanted to train and learn about counselling.

Being responsible for the wellbeing of thirty-five members of staff has ignited this passion and she is now beginning her final year and once completed Larcomes will have a qualified counsellor on site.

Janice believes that destigmatizing mental health and stress in the workplace needs to be at the forefront of all good business practice.

When she has completed this course, Janice will become a nationally accredited professional counsellor/psychotherapist. Undertaking this course will enable her to be able to offer concrete help and appropriate solutions to staff and to the wider community and will enable her to take

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an active role in assisting them to heal, where necessary and to reach their full potential.

Each year the firm gets heavily involved with a local charity of choice and this firm this year the firm are supporting The Lifehouse Charity based in Southsea in Portsmouth, which helps target immediate needs and issues surrounding homelessness and addiction and which serves hot food free to those in need. Janice felt that not only could the firm fund-raise and support the charity financially but that she could also offer her counselling skills to the Charity. This new Counselling service is being rolled-out by The Lifehouse as an opportunity for people to talk, in confidence, to a caring professional who will listen without judgment or discrimination.

Janice will be offering her counselling skills every Thursday afternoon from 3.30 onwards at the Centre. ■

HAMPSHIRE LAW SOCIETY

Hampshire Law Society

LEGAL AWARDS 2020

Presents

ANNUAL DINNER AND AWARDS 2020 Thursday 4 June 2020 Hilton Hotel at the Ageas Bowl, Hedge End

Hampshire Law Society warmly invites members and their guests to the 2020 Annual Dinner and Awards, the leading black tie event in the local legal calendar, on Thursday 4th June.

This memorable evening will take place at the prestigious Hilton at the Ageas Bowl. Pre-dinner drinks will be served followed by dinner in the Ballroom, a sumptuous 3 course meal prior to the entertainment and presentation of the Hampshire Legal Awards 2020.

Following the dinner, we will award the winners of the 4 categories. Lawyer of the year, Junior Lawyer of the year, Large firm of the year and Small firm of the year. Please get your nominations in by the 22 May. A quality after dinner speaker has been booked.

Mark “Billy” Billingham is a decorated war hero who took his years of battlefield experience to put contestants through their paces on Channel 4’s SAS Who Dares Wins.

He spent 27 years in the SAS during which time he received an MBE for leading a mission in Iraq to rescue a British hostage. He also won the Queen's Commendation for bravery after capturing an IRA sniper by using himself as bait.

Amongst a whole array of qualifications Billy is a certified Counter Terrorist Sniper Instructor and is qualified in Ski Mountaineering, Rock and ice climbing After his military career, Billy became a bodyguard and looked after people such as Brad Pitt, Angelina Jolie, Sir Michael Caine, Jude Law, Kate Moss, Russell Crowe and Tom Cruise.

If the 2019 event is anything to go by, the 2020 dinner should provide an ideal opportunity to entertain guests and colleagues plus plenty of networking at this prestigious venue. Further details on the awards will be emailed soon.

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

Price £55.00 per head

Junior Lawyers £35.00

Table of 10 £500.00

Kindly sponsored by

The Annual Dinner is the most prestigious event in the Law Societies calendar so book your places now.

Numbers are limited so don’t miss out and book today

CPD - Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Property Update Ian Quayle, lecturer for 13 years for CLT amongst others, will be presenting the following:

Private Client Professor Lesley King is Private Client Practice Head at the College of Law, Bloomsbury.

• Land Registration Issues - plans boundaries, notices and restrictions, adverse possession • Residential Leaseholds - ground rents, forfeiture, service charge and repair issues, proposals for reforms and the potential resurrection of commonhold • Searches, Enquiries and Client Inspection

Court of Protection Margaret Pine-Coffin, Pump Court Chambers is an experienced child care practitioner. She deals with all aspects of child care applications. Her specialisation is in cases involving serious injury to a child or children and where there may be a parallel criminal investigation.

Margaret has also appeared in the Court of Protection in cases concerning decisions about the welfare of the person involved.

Margaret represented the local authority in Re X, Y and Z [2014] COPLR 364

• What causes negligence claims in residential conveyancing • A review of key cases of 2019

Tuesday 21 January 2020

Tuesday 4 February 2020

Tuesday 21 April 2020

SDLT

Criminal Law Update

Family Law Update

Paul Clark has been a commercial property solicitor for over 40 years. He is an expert on many aspects of commercial property law and is a popular and engaging speaker.

28 April 2020

Details to be advised

May 2020

HHJ Simmonds former solicitor and member of the children panel - appointed as a DJ in 2010 as a DJ of the principal registry of the family division and transferred to the western circuit in November 2015. At the PRFD he undertook all forms of family work to include complex children and money.

Tuesday 2 June 2020

Unless otherwise notified all lectures take place at the Holiday Inn, Leigh Rd, Eastleigh SO50 9PG from 13.45 – 16.45.

There is free parking at the venue. The programme will be regularly updated once additional information received distributed via email and in the quarterly magazine.

You can find more detail on each lecture on our website www.hampshirelawsociety.co.uk administration@hampshirelawsociety.co.uk PRICING 1.5 hour lecture - £55.00 (Non Member £70.00) 3 hour lecture - £90.00 (Non Member £130)

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HAMPSHIRE LEGAL

CPD - Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Conveyancing Update 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 including local law societies, solicitors firms, local authorities and government departments. As a specialist speaker to property lawyers and property professionals, 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.

Tuesday 16 June 2020

Property lecture Edward Denehan is yet again recommended by Chambers and Partners (2015 Ed.) for Real Estate Litigation. “He is a very robust advocate, who has a good way of speaking in layman’s terms and is able to get his message across.” “He is pretty impressive when he is on his feet.”

He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.’

Tuesday 14 July 2020

Members can take advantage of our CPD Smart Scheme Book multiple places and receive greater discounts Book a total of 10 places and save a total of £180.00 against the individual booking fee

Total no of places booked

Price

Discount %

1-4

£90.00

NIL

5-9

£81.00

10%

10-19

£72.00

20%

20-30

£67.50

25%

30+

£63.00

30%

Terms and conditions • All applications will receive a written confirmation of booking • Payment 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 • Venues are checked for accessibility • 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 • Smart scheme is applicable to both individual and company bookings who are members of HILS • The smart scheme rate only applies at the time of booking and is not retrospective • Claiming the discounted rate remains the responsibility of the claimant however HILS will try to ensure that you are charged the appropriate fee once the required level of booking has been reached

HAMPSHIRE LAW SOCIETY

Visit the website for the booking form and full detail https://www.hampshirelawsociety.co.uk/cpd-and-training/ HAMPSHIRE LEGAL

13

Social Events

National Conference report Twenty local law societies were represented at the National Conference held in Portsmouth on the 19th-20th September.

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elcome drinks were held on HMS Warrior; a beautiful sunny evening played host to 50 guests who enjoyed exploring the ship and networking with colleagues, the Lord Mayor of Portsmouth and members of Hampshire Law Society.

The conference which was held at the Royal Maritime Club ran seamlessly with contributions from Simon Davis, the President of the Law Society, Law Care, the SBA and a fascinating talk from Moneypenny on how they have ensured a stimulating and caring work environment to minimise mental health issues. Rachel Tombs bought us up to date on social media platforms and encouraged us to take the time to make the most of what's on offer. Lunch was followed by an inspiring and emotional talk from our charity, Dementia UK. Break out sessions in the afternoon rounded off an excellent and informative day.

The after dinner speaker Simon Weston was no less inspiring as he spoke in an amusing but thought provoking way about the Falklands conflict and his lucky escape from more serious injury. â–

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Social Events

HAMPSHIRE LEGAL

15

Junior Lawyers Division (JLD)

Hampshire Law Society Annual Dinner & Awards 2019

Junior Lawyer of the year sponsored by Index Property Information Yasmin Curry, Trainee Solicitor at Blake Morgan

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asmin graduated from the University of Leicester in 2014 before undertaking the Legal Practice Course on a part-time basis alongside her role as a Commercial Real Estate Paralegal at Lester Aldridge. Yasmin graduated from the Legal Practice Course in 2016 with a distinction and began her Period of Recognised Training with Blake Morgan in 2017.

Yasmin is now a final year Trainee Solicitor based in Blake Morgan's Southampton office and has completed seats in the Corporate, Construction, Commercial Litigation and Private Client teams within the firm. On qualification Yasmin will be joining the Insolvency and Restructuring Team at Stevens & Bolton.

Louise Jack, Churchers

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ollowing her studies at Cardiff University and the University of Law, where she graduated with a distinction, Louise joined the firm in September 2015 as a Trainee Solicitor. Prior to this Louise worked as a Dive Instructor in Asia.

Louise qualified as a solicitor in 2017 and specialises in Children Act matters. She undertakes a wide variety of private and public law cases with an interest in advocacy. In her spare time Louise is a keen traveller and attempts to “tick off” as many countries as possible. As a dive instructor, many of her holidays are spent underwater. Outside of work she enjoys yoga, reading and spending time with friends.

India Jefferson Grant, Biscoes

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ndia joined Biscoes Mental Health and Capacity Department in 2018 and is a Chartered Legal Executive specialising in Mental Health Law. India is also a member of the Law Society’s Mental Health Accreditation Scheme.

India has a wealth of experience in assisting, advising and representing individuals detained under the MHA 1983 and is dedicated to her clients and putting their rights at the heart of their cases. India takes an individualistic approach to all of her cases and is able to provide advice and assistance in relation to various matters including the statutory criteria for detention under the MHA 1983, the legality of admission to hospital, consent to treatment provisions and aftercare provisions. She is also able to advise the Nearest Relatives of patients of their rights. India is a passionate advocate who will ensure her clients’ voices are heard in Tribunal Hearings, Hospital Managers Hearings, Care and Treatment Reviews, Care Programme Approach meetings and Section 117 aftercare meetings.

Outside of office life, India enjoys spending time with her friends and family, visiting new places across the globe and trying out new restaurants across the south coast.

Laura Towey, Trethowans

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aura is a solicitor in the Commercial Property Team in Southampton. She graduated from Durham University in 2010 with a first class honours degree and worked in-house for one of the country’s largest property service providers before joining Trethowans in 2014.

She advise clients on all types of commercial property transaction, including acquisitions, disposals and Landlord and Tenant matters.

She acts for a variety of clients including developers, pension schemes, corporations, investors, plcs, individuals and banks. She is also a member of the Southampton Property Association Laura is a daily gym user and enjoys long walks, great food, adventure holidays and driving her Triumph Herald around the Hampshire countryside. She volunteers for a mental heath support charity on a weekly basis and is the Chair of the firm’s Charities Committee.

Stacey Read Jasper Vincent

S

tacey is a Graduate Member of the Chartered Institute of Legal Executives having graduated in 2013. She is currently working towards her Fellowship status. Stacey started her legal career as a conveyancing secretary in 2005 before making the leap to a fee earning role in 2007. Stacey has many years of legal experience and knowledge of all areas of Residential Conveyancing.

She can assist with all aspects of Conveyancing including freehold and leasehold sales and purchases, remortgages, lease extensions and transfers of equity. Stacey also has previous experience within Private Client Law so is able to apply this when dealing with attorney and probate sales.

In her spare time, Stacey is an avid runner at her local park run and enjoys keeping fit. She also enjoys spending time with her two children and savouring the delights of gin tasting.

RUNNER UP: WINNER: 16

India Jefferson Grant, Biscoes

Yasmin Curry, Blake Morgan

HAMPSHIRE LEGAL

Membership

HAMPSHIRE LAW SOCIETY

Thank you for your membership I would like to thank you for your membership last year which will finish at the end of December This time of year is very busy and the whirlwind of life and business takes over and occasionally renewal of membership slips your mind and membership lapses. It’s not until later in the year that the oversight is noticed with some regret.

Would you like to avoid that happening? If yes, then please do not ignore your renewal letter which will be with you soon.

Membership in 2019 provided; • 200 new business referrals from the Society • Free editorial in the Society Magazine • Over 1,000 copies of our Magazine, featuring members’ articles, delivered to firms across the County • Free find a solicitor service • Regular enews updates with items of local and national interest • The most successful annual dinner to date • Opportunity to enter the prestigious legal awards • Improved press coverage • An extensive lecture programme with reduced rates for members. Attending just one session will practically pay for itself.

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

Type of membership

Rate

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

£80.00

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

£800.00

Educational Establishment

£800.00

Associate members

£50.00

Non practicing members and those not in private practice

£20.00

Associate Trainee Members

£15.00

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

£50.00

If you have any further questions please do not hesitate to get in touch with Nicola Jennings, our administrator on 223 8044 7022 or administration@hampshirelawsociety.co.uk ■ HAMPSHIRE LEGAL

17

Well-Being

Could you have Impostor Syndrome?

Do you feel like you’re not good enough?

Do you have a constant fear of ‘getting found out’ or making a mistake?

D

o you feel you don’t deserve your job or status? Then you could, Lawcare still at work after everyone has gone home or the caller who talks of going over and over something in their head. like many callers to the LawCare helpline, have Impostor Syndrome.

If you identify with some of the above and would like to talk, call the LawCare helpline on 0800 279 6888. The helpline is free, The term Imposter Syndrome was coined in 1978 by two clinical independent and confidential. psychologists, Pauline R. Clance and Suzanne A. Innes and originally recognised in high-achieving women, although it is now Tips for dealing with Imposter Syndrome understood to affect men and women in equal numbers. Whilst • Acknowledge your feelings psychologists are not in agreement about why the syndrome occurs, • Try to have a strong support system both in and outside of work – it can develop after experiencing constant criticism or a trauma in it’s okay to ask for help childhood. Those with ‘Type A’ personalities, often prevalent in • Trust yourself and your ability lawyers and other high achieving professions, often have Imposter • Give yourself credit for your accomplishments both in and out Syndrome. Characteristics of a Type A personality include those who of work are impatient, driven, a perfectionist, constantly feeling a sense of • Learn to take mistakes in your stride – everybody makes them urgency, and self-critical. These can all be very useful in the • Try to see yourself as ‘work in progress’ workplace but destructive in your private life.

• Realise it is ok to be ‘good enough’ – nobody is perfect.

There are four presenting symptom of Imposter Syndrome: Anxiety, www.lawcare.org.uk ■ Drive to Perfection, Self-Doubt and Fear of Failure.

Some examples of calls to the LawCare helpline with Imposter Syndrome that we have listened to include the caller still haunted by a client matter or court case from years ago, the caller who phones

Ann Charlton LawCare

World Mental Health Day 2019 Biscoes supported World Mental Health Day on Thursday 10 October 2019.

Fruit baskets and information on well-being/mental health were delivered to all 7 of Biscoes offices.

T

hroughout the day staff were given the opportunity to participate in a variety of activities, including 10 minute seated massages, racing colleagues on smoothie making bikes and a talk on mindfulness techniques by a hypnotherapist.

Debbie Brown, HR Manager, who was responsible for organising the day said “It is fantastic that Biscoes recognise the importance of raising awareness of mental health issues and putting these activities on for our employees is just one way of supporting them and opening up

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HAMPSHIRE LEGAL

opportunities to talk and give them ideas of how they can relieve stress.”

Alison Lee, Managing Director, commented “Looking after staff is vitally important and we were delighted to support this day, alongside the many benefits our employees already enjoy. We understand that the work we do can sometimes be stressful so for our employees to know they can talk to us if they are feeling stressed or unhappy and we will do what we can to support them is really important” ■

Well-Being

Dealing

with stress At Lawcare we know that life in the law can be challenging and sometimes things can get on top of you.

We’ve been supporting lawyers for 20 years and we’ve seen first hand the effects long hours, high billing targets, and a competitive work environment can have on lawyers, many of whom become stressed.

I

n addition to this we often see certain personality traits in lawyers: an analytical mind, impatience, extremely driven, perfectionism, a constant feeling a sense of urgency, and overly self-critical. These can all be very useful in the workplace but destructive in your private life.

Often lawyers find it hard to admit they are having a difficult time and not coping for fear of showing weakness or losing face at work.

It is important that both firms and individuals take action to manage stress before it becomes too much to deal with. Stress is a normal response to a demanding work environment but chronic stress increases the risk of addictive and damaging behaviour, of developing anxiety, depression and other mental and physical health problems.

What can firms do to create a mentally healthy workplace Depression, anxiety and stress are now the leading cause of sickness absence at work costing the UK economy over £70bn per year.

Lawyers were found to be the third most stressed profession in a Health & Safety Executive study.

The legal profession absolutely needs to make a shift towards a culture that better supports good mental health and wellbeing.

Senior managers need to take a leadership role on the issue of wellbeing. It is important to normalise discussions about mental health and wellbeing in the workplace, senior leaders should talk about their own experiences and how they overcame difficult situations. For many people the way they are treated at work and the behaviour and role-modelling of their managers makes an enormous difference to how they feel about themselves and their work. Senior leaders need to do more to train, support and mentor junior lawyers and help build their resilience.

Some firms choose to nominate wellbeing champions or train staff in mental health first aid.

These individuals are available to talk to staff about anything that is concerning them. It is crucial that these people are senior, visible people in the organisation who can correctly signpost staff in the direction of further support if needed. The value of providing emotional support to staff to individuals and to the business cannot be overstated.

Firms should also encourage staff to work healthy hours and keep track of their workloads as working long hours can lead to stress and reduce staff performance and morale. Staff

should be urged to take all their holiday and discouraged from working at weekends.

Evidence suggests that consistently working long hours will damage an individual’s health over time, as well as their home and social relationships. The legal profession needs to move with the times in offering more flexible working hours and arrangements.

Signs that you may be stressed • Trouble sleeping: A vicious circle: worries about work lead to lack of sleep, which makes it difficult to perform well at work.

• Physical changes: Headaches, skin complaints, frequent colds, aching muscles and digestive problems.

• Drinking and smoking: Turning to drinking and smoking to cope with the demands of work.

• Eating: Comfort eating or skipping meals.

• Mood swings: Feeling irritated and frustrated, angry one minute and feel fine the next.

• Panic attacks: These can happen suddenly, for no clear reason. It can mean feeling sick, short of breath, shaking, sweating and experiencing a sense of unreality.

What to do if you are feeling stressed • Talking your problems through makes a real difference and provides reassurance you are not alone. Call the safe, free, independent and confidential LawCare helpline on 0800 279 8888 for support and advice, and visit www.lawcare.org.uk for email support, webchat and tips on stress and wellbeing. LawCare also has a network of Peer Supporters, people who work in the legal profession who may have been through difficult times themselves and can offer one-to-one support, friendship and mentoring to helpline callers referred to them.

• Talk informally to a trusted colleague or your supervisor if you feel they might be helpful.

Refer to your diary notes of triggers for stress or aspects of work you are finding overwhelming.

• If you feel you can’t talk to anyone at work talk to a friend or family about how you are feeling.

• Make an appointment to see your GP. ■

by Elizabeth

Rimmer

LawCare

HAMPSHIRE LEGAL

19

Article

Lady Hale & the Road to Democracy A

I had the great pleasure of meeting Lady Hale at Southampton University in May 2019 at the conclusion of a Talk that I had initiated many months before.

She was as dignified as ever and spoke with authority, inspiration and hopeful anticipation to a packed auditorium of more than 450 souls.

Little did I realise at the time that this would be one more stepping stone on a momentous journey. As someone who has recently returned from the 3 Peaks and the summit of Ben Nevis shrouded in mist I have encountered many stepping stones although few with as much significance.

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s Lady Hale prepares to step down from her role as President of the Supreme Court at the end of this year, Winston Churchill in patriotic guise might have described it as ‘the Beginning of the End’ or perhaps more optimistically and prophetically as ‘the End of the Beginning’.

Lady Hale had previously described her judgment on Article 50 of the Treaty on European Union as something of an apex in her career and indeed as her ‘proudest moment’. In R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, which may seem like a distant memory, the Supreme Court ruled that the government could not activate the process of withdrawal from the EU without a vote in Parliament. It upheld the doctrine of parliamentary sovereignty which has long been regarded as one of the cornerstones of the British Constitution.

LADY HALE: MAN & WOMAN: THE PATH TO LEGAL EQUALITY At the Talk in May, Lady Hale focused on the path to female equality under the banner of ‘100 Years of Women in the Law’.

Is a woman a ‘person’? Such was the question posed to the courts at the turn of the 20th Century only to produce a somewhat perplexing answer. For evolutionists and linguists out there I will try not to confound your scientific or intellectual let alone moral aptitude. To our deep chagrin, however, in Bebb v The Law Society [1914] 1 Ch. 286 the Court of Appeal decided that a woman was not a ‘person’ within the meaning of Section 2 of the Solicitors Act 1843 as amended, despite the fact that Section 48 of that Act further provided that “every word importing the masculine gender only shall extend and be applied to a female as well as male” unless “there be something in the subject or context repugnant to such construction.”

In a masterstroke of paternalistic ‘victorian’

rationale Lord Cozens-Hardy M.R who gave the leading judgment denied women the ability to qualify as solicitors. In its aftermath on 13 April 2015 Deborah Orr at the Guardian newspaper more inceptively stated; “Gender bias – any identity bias – is a wanton waste of human potential.” Many at the time and most today would endorse and applaud this sentiment.

As it transpired The Great War which had witnessed a great upsurge in female industrial labour as well as more enlightened liberal thinking shortly thereafter came to society’s rescue, in the guise of the Sex Disqualification (Removal) Act 1919, removing this shameful legal impediment. Whilst Gwyneth Bebb married a solicitor she was sadly unable to realise her own dream of joining the profession dying in 1921 in the wake of childbirth complications.

At the turn of the 20th Century the courts confounded themselves with moral hoops, tightropes and some might even say the camel with the needle. Indeed the courts deliberated upon the question of what was described as ‘female frailty’. For many of us, however, the woman whether mother, partner or daughter is the most formidable and inspiring person in our home and society. Lady Hale bears out this hallmark in the patriotic spirit of our Boudican emblem which like the Supreme Court itself gazes out upon the hallowed halls of Parliament. 50% of solicitors are now female and this percentage is ever growing. As one recent newspaper related ‘The future is female.’

Lady Hale who was herself described by judicial colleagues as something of a ‘war horse’ has been a true pioneer and trailblazer. Not only was she the first woman to be appointed to the Law Commission but she is also the first female President of the Supreme Court. The motto

Article

on her coat of arms, as Baroness Hale of Richmond, translates from the latin as ‘Women are equal to everything’. Indeed she has spoken out tirelessly about the importance of diversity, equality, inclusion and fairness in the realms of a Democracy.

THE PRIME MINISTER, BREXIT & PROROGATION We have perhaps now reached a new pinnacle in the Supreme Court’s latest legal proclamation in R (Miller) v The Prime Minister [2019] UKSC 41 echoing certain sentiments and passages from our founding Magna Carta myth.

Lady Hale delivering the unanimous concurring judgment of the 11 presiding Justices advanced and upheld two fundamental constitutional principles namely Parliamentary Sovereignty and Executive Accountability stating: 39. “The courts have the responsibility of upholding the values and principles of our constitution and making them effective. It is their particular responsibility to determine the legal limits of the powers conferred on each branch of government, and to decide whether any exercise of power has transgressed those limits. The courts cannot shirk that responsibility merely on the ground that the question raised is political in tone or context.”

50. “A decision to prorogue Parliament…will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.”

55. “Let us remind ourselves of the foundations of our constitution.

We live in a representative democracy. The House of Commons exists because the people have elected its members… The Government exists because it has the confidence of the House of Commons. It has no democratic legitimacy other than that. This means that it is accountable to the House of Commons…for its actions… The first question, therefore, is whether the Prime Minister’s action had the effect of frustrating or preventing the constitutional role of Parliament in holding the Government to account.”

The Supreme Court decided in consequence that the Prime Minister’s decision to advise the Queen to prorogue (or as some have put it to silence) Parliament was unlawful because it had the effect of frustrating or preventing Parliament from carrying out its constitutional functions without reasonable justification.

Parliament phoenix like has now risen from the ashes to fight another day albeit emerging into a raging Brexit fuelled Tempest. As Shakespeare said in his immortal drama “What's past is prologue” or maybe ‘prorogation’ what comes is a “Brave new world”. The Tempest written in 1610/11 explores many themes including magic, betrayal and revenge. As timely storms blow in from across the Channel and the Atlantic it could be a play for today amidst ever increasing press revelations and election frenzy.

The law has come on leaps and bounds since Magna Carta in 1215 first proclaimed that “No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way,

nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land” and that “to no one will we sell, to no one will we deny or delay right or justice.” Gone now is the House of Lords marked by its privileged concept. The Supreme Court has risen in its place as a beacon and saviour of parliamentary democracy.

We live of course in the wake of a monumental constitutional battle between Parliament and the Prime Minister. Perhaps no longer a Battle of Britain but rather a Battle for Britain. There is no doubt that we live in challenging Times. There will be many challenges ahead. As a nation and legal fraternity I hope that we are strong enough to stand up to the task and raise our national emblem with pride. ■

by Russell

Evans

Mediator & Manager Resolve UK Mediation russell@resolveuk.co.uk

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HAMPSHIRE LEGAL

21

Computer says ‘yes’ With our innovative smart forms, you can monitor your clients’ progress in real-time.

You know the routine, you post off the inception forms and lo and behold the client sits on them. Well, now you have the power to speed up the process. Our online smart forms mean clients can complete forms from anywhere, on any device. You can even monitor their progress and ‘politely’ nudge them along.

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After all, the experience is everything.

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Article

Lawyers for Extinction Rebellion At lunchtime on Wednesday 9th October there was an unusual gathering outside the Royal Courts of Justice. Instead of the usual paparazzi interviewing the winners and losers in the courts, there was a solemn gathering of about thirty solicitors and barristers who held the formal launch of Lawyers for Extinction Rebellion.

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awyers for Extinction Rebellion are a brave little band of lawyers who are willing to ignore their weekly fee targets, and take the risk that becoming an activist for the climate will cost them their jobs.

These lawyers are worried about climate change, and they share Extinction Rebellion’s belief that non-violent direct action is the world’s best hope of persuading governments to take effective action to reduce greenhouse gas emissions. They have formed a small group who provide legal advice to Extinction Rebellion. They also instigated the Judicial Review which achieved a declaration that the order, made by the Metropolitan Police on 14th October, which banned any XR gatherings in London, was unlawful.

The initial public gathering of Lawyers for Extinction Rebellion was too low-key to attract any media attention. It was also deeply disappointing that no judges believe in XR strongly enough to stand outside the RCJ and declare their support. The most impressive, and most senior, speaker was Richard Lord QC. Although his specialism is in shipbuilding law, he has not forgotten the ideals which brought him into a legal career. He persuaded his audience that lawyers can do more than simply act as the hired tools of the organisations which promote the status quo.

Oil companies, and other organisations which generate a large carbon footprint, will continue to need legal representation, but other lawyers can support their opponents, possibly pro-bono, and present the courts with new arguments, which judges may be able to accept. In the past judges have created new torts, and the courts may yet recognize the tort of ecocide. Already, some XR protesters charged with obstructing the public highway have successfully argued that their actions were justifiable as a form of self-defence against the threat of global warming. Richard Lord inspired all who heard him that we can use our legal skills to contribute to the fight against climate change.

If you wish to support Lawyers for Extinction Rebellion, or simply find out more, look at https://www.lawyersforxr.com/ ■

by Simon

Whipple

Simon Whipple was president of Hampshire Law Society from 2013 to 2014. He retires from the HILS council at the AGM on 3rd December 2019

HAMPSHIRE LEGAL

23

Software

Software

Why Quill ticks all the boxes Our recently acquired Cyber Essentials accreditation is another tick in the growing list of reasons to use Quill’s software and outsourced support. The National Cyber Security Centre’s seal of approval means our infrastructure is recognised as robust and we’re committed to raising the security bar. Clients now have more incentive to choose their trusted full-service supplier.

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ut the rationale for designating Quill preferential provider status doesn’t end there. No other legal sector software and outsourcing house can boast the unique combination of Cyber Essentials endorsement along with:

Continually enhancing software Our Interactive Cloud case management, document management and legal accounts application is subject to an extensive development roadmap which is responsive to end users’ demands and agile enough to flex as marketplace priorities change. Law firms using Interactive are assured of having the optimum toolkit for complete practice management from accounting and AML checking to matter management and time recording.

With an absolute focus on compliance, all new and enhanced features are designed with regulatory guidelines at their core.

Essentially, we see our role as software provider to lighten the load where compliance is concerned. We liaise intently with regulators, keep abreast of ever-changing rules and develop our systems accordingly ahead of deadline.

Take the refined SRA Accounts Rules 2019. Although the rules themselves are simplified, being less prescriptive actually makes them more open to interpretation with higher risk of error. And the penalties for mistakes are just as severe. We’ve been introducing important changes to Interactive in line with the new rules, for example warning messages about transferring unbilled disbursements (rule 4.3) and narrative-only transactions (rule 2.2) to record monies paid directly from practice to third parties.

LSSA founder member We’ve had a close alliance with the UK industry body from its formation. We live and breathe its code of conduct, uphold high quality professional standards and take our accountability to safeguard clients’ best interests extremely seriously. In fact, we assign accountability such gravity that it’s literally in our brand.

Best Companies status If anything demonstrates what a great company Quill is to work for and do business with, it’s Best Companies official recognition.

Being a 1-star organisation indicates workplace engagement as an integral component of our success and growth. We look after our employees and they, in turn, look after our clients. It’s a winwin situation for everyone.

ILFM membership By fortifying our partnership with the ILFM, we’ve credited all of our cashiers, support team and trainers with paid-for-by-Quill membership as well as diploma studies for those at the early stage of their career progressing towards recognised legal cashiering qualifications. As the leading education authority and membership body for the sector, the ILFM is perfectly aligned with Quill, being industry specialists too.

Cashiering service provider We’re not exclusively a software house. We have a team of 60 experienced cashiers who offer outsourced legal accounting support in compliance with the stringent SRA Accounts Rules, CLC Accounts Code or Scottish Accounts Rules. Clients can choose from Pinpoint – complete with deep integration to Interactive – or Precision – remain using an existing accounts application whilst reaping the benefits of Pinpoint.

Payroll and typing outsourcing service provider With an extended range of outsourced services in the form of payroll and pension processing, and typing assistance, there really is no better logic for selecting Quill as the primary supplier for all back-office requirements.

The former – outsourced payroll – is delivered by our specialist payroll clerks who are fully conversant in the latest payroll and pension legislation, PAYE, RTI, AE, SSP, SMP, SPP and attachment of earnings amongst them. The latter – outsourced typing – is powered by the Document Direct team, enabling clients to dictate from anywhere and receive expertly typed-up documents within agreed timescales.

We’re setting out our stall like this because lawyers are sometimes surprised to learn the full extent of what Quill does.

We’re the one-and-only company who can make bold claims about supplying the complete behind-the-scenes framework to thrive in today’s challenging legal environment. We’re different and proud of it.

Why not take a closer look at our accreditations, awards, portfolio and history? Then get in touch with our friendly team to chat about the best blend of tools to optimise the performance of your practice. Please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910.■

Living Wage Employer Having voluntarily signed up to the Living Wage Foundation’s scheme, we calculate salaries for permanent, temporary, apprenticeship and contracted staff on the higher hourly Living Wage rate rather than the lower Minimum Wage. Our responsible leadership stance is a way of actively closing the gap between what people need to earn in order to live in society and the Minimum Wage as defined by government.

By Julian Bryan Managing Director, Quill

HAMPSHIRE LEGAL

25

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Yo ou’re in safe ou f hand ands with Do ocument me t Po Portal.

Document Po Por ortal. al A clever new add-on, only available e as part of Brighter Law. NjċĚƑ ¬ĚČƭƑĿƥNj Ŀƙ î ƥūƎ ƎƑĿūƑĿƥNj IJūƑ ŕîDž ǛƑŞƙȡ ƎƑūƥĚČƥĿŠij NjūƭƑ ČŕĿĚŠƥ îŠē ƥĺĚ ƑĚƎƭƥîƥĿūŠ of NjūƭƑ ċƭƙĿŠĚƙƙ Ŀƙ DŽĿƥîŕȦ ~ƭƑ ŕîƥĚƙƥ ƙĚƑDŽĿČĚ ƎƑūDŽĿēĚƙ î ƙĚČƭƑĚ ĚŠDŽĿƑūŠŞĚŠƥ IJūƑ ƥĺĚ ĚNJČĺîŠijĚ ūIJ ƙĚŠƙĿƥĿDŽĚ ČŕĿĚŠƥ ĿŠIJūƑŞîƥĿūŠ DžĺĿŕƙƥ ƙƥƑĚîŞŕĿŠĿŠij NjūƭƑ ƎƑūČĚƙƙĚƙ îŠē ĺĚŕƎĿŠij ƥū îDŽūĿē ēĚŕîNjƙ ĿŠ ƥĺĚ ƥƑîŠƙîČƥĿūŠȦ For a free, no obligation on demo email info@brighterlaw.co.uk

Conveyancing

poweredbypie Launches Document Portal to Enable Secure Exchange of Sensitive Client Data

12 September 2019: Search and software provider poweredbypie has announced the launch of Document Portal, a new solution for solicitors to enable the secure electronic exchange of all documentation within the conveyancing process.

B

y removing the need to ‘print and post’, Document Portal offers a simple, secure solution to speed-up the exchange of documentation between solicitors and clients.

Carole Ankers, chief product & technology officer, poweredbypie explains: “Document Portal is part of our Brighter Law suite of products. For many years, Brighter Law has allowed solicitors to streamline communication online, by managing new client interaction and providing instant quotations with the aim of increasing conversion rates.

“Following many months of research and development we have taken the time to understand the needs of solicitors and the challenges they face in the conveyancing process,” continues Ankers. “The result of this insight is Document Portal, which allows client documents to be stored, accessed and shared safely online, negating the need for physical copies. It is both simple to use and set-up and takes care of the technology needed to supply a secure 2 Factor Authentication for electronic document exchange, removing the delays associated with paper-based legal forms and mitigating the risks posed by email communications.

personal information. Document Portal removes this risk, providing secure 2 Factor Authentication to store and share legal documents which are accessible only to those with authorised access.”

Document Portal now enables law firms to create a document portfolio which includes intuitive, editable forms and digital signature facility provided by the leading eSignature brand DocuSign. Not only does this provide a secure, streamlined environment for client data, it also highlights to the client exactly what information needs to be filled-in, first time, every time. “ On 4 September 2019 the Law Commission set out a statement to end uncertainty and increase confidence in the use of electronic signatures https://www.lawcom.gov.uk/project/electronicexecution-of-documents/. Commercial and Common Law Commissioner, Stephen Lewis said: “Our report aims to provide an accessible statement of the law which makes it clear that an electronic signature can generally be used in place of a handwritten signature as long as the usual rules on signatures are met.”

Carole Ankers continues, “As a technical solutions provider and partner to law firms up and down the country, it’s our job to look at the issues that affect our clients and come up with solutions. We are very excited to launch our secure portal that enables solicitors to exchange sensitive documentation giving the law firm a real point of difference while inspiring confidence and trust.”

“As Cybersecurity continues to be one of the most serious threats facing the legal community, it is essential for firms to take a secure approach to the protection of sensitive client data. According to the SRA Risk Outlook 2018/19, in the first quarter of 2018 over 70% of all cybersecurity reports were For further information directly attributed to email modification fraud, www.poweredbypie.co.uk a sophisticated method of interception designed to capture client bank details and

please

HAMPSHIRE LEGAL

see:

27

Premium Plus Planning

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

Report Details Address:

Subject Site

Requested by:

Sample, Sample

Sample

Grid Refer erence: E: 123456 | N: 123456

Date:

Report Ref eference:

Report ID:

Sample

01/10/2019 115125

Profess essional Opinion 1.ENVIRONM ONMENTAL

No further reco ecommendations

2.FLOOD

PASS

PASS

Considera atio on(s):

2.03 Specialis st Advice

2.06 Check Flo ood History

3.GROUND D STABILITY

PASS

Considera atio on(s):

3.15 Consult Surveyor

4.ENERGY Y & INFRASTRUCTURE

PASS

5.PLANNING

NOTE

No further reco ecommendations

Next Step(s): ):

Applications Identi d fied

Telecom Appliication(s)

Air Quality Index: Some Polluted Areas (See 1.25)

This page should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated with the property. The results should be disclosed to clientt and/or lender and/or insurer as appropriate.

A ‘Pass’ is given if no pottential ential property specific risk has been identified.

A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, or if there are features nearby which some clients might consider could affect them.

A ‘Further Actio t n’ is given if there is a potte ential property specific risk and a further acttio ion is advised.

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

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

Planning X Report ort Details

X Subject Site

Address::

Requested by:

Sample, Sample

Sample

Grid Reference: erence:

Date:

E: 123456 6 | N: 123456

01/10/2019

Report Reference:

Report ID:

Sample

115138

X Planning ning Summary

Air Quality Index: Now available in FCI Premium searches 7

see section 1.03

11

see section 1.04

E Exten sions and New Builds

within 100 metres

D Developmen ts

within 750 metres

C Change of Use

within 100 metres

L Lawful Development Certificates

within 100 metres

T Telecoms

within 250 metres

U categorised Un

within 100 metres

P ning Restrictions Plan

within 250 metres

0 0 1 2

Identified

Regulated by RICS If you require assistance, sistance, please contact your Search Provider or alternatively contact FCI directly witth your Reportt ID. Tel: 01732 755 180 80 | Email: info@futureclimateinfo.com | Web: www.futureclimateinfo.com

-

see section 1.07

see section 1.08

see section 1.09

Conveyancing

Eastleigh: Land of the Yimbys?

A revolution is taking place in Hampshire. It’s a local council that is prioritising exceeding housing targets set by Government, setting itself against a neighbouring local authority and its local residents.

Pic: The planned housing zones near Eastleigh – Image courtesy of Action Against Destructive Development

E

astleigh Borough Council (EBC), whose territory includes the urban edge of Southampton and rural villages untouched by time, is shortly launching a local plan which aims to deliver 2000 more houses than the government has required of it.

The aptly-named Keith House, Leader of the Council wants to “foster growth and not manage decline” and sees housing as the key to bringing jobs to the area and council tax revenue to the coffers.

He represents a growing movement of “yimbys” or “yes in my backyard”. They are a counterpoint to the better known “nimbys” who are concerned about preserving heritage, the countryside and the status quo.

Under Pressure to Get Building This pro-development approach is a response by Local Authorities who are coming under ever stronger pressure to get more homes built or undergo extreme scrutiny of local plans to justify why they are failing to meet targets.

Currently, nationwide, the Government is seeking to get 300,000 homes a year built by 2025. For many councils this has catalysed them to engage better. Research by University College London showed 91% of councils are directly delivering housing and acting as developer or, at the minimum, offering loans. 44pc of councils also now have a separate housing company, with more than 30 established in the last two years alone.

The council’s original Local Plan 2011 to 2029 was submitted in July 2014 but had to be withdrawn after criticism from the Inspector who cited concerns over land supply and insufficient housing numbers.

Eastleigh now wants to build 14,580 homes by 2036 via funding through the public works board to acquire land, as well as snap up housing stock directly from developers as a means to speed up delivery.

Huge Opposition Inevitably, the Nimbys have drawn up their battle lines with the Yimbys. The new draft plan met with huge opposition when it was first revealed in December 2017. Some 800 people attended a meeting with the council to express their opposition to plans to build 5,200 new homes, shops, schools, open spaces and a new access road in the area to the north and east of Bishopstoke and Fair Oak. They protested that the plans had been pre-determined (not allowed); that it contradicted national planning guidelines in many important respects and that a new relief road to support the housing development was undeliverable, as Eastleigh Council had seriously underestimated the cost.

Hampshire County Council (the Highway Authority) also wrote to EBC to express concern at the lack of supporting evidence. Winchester City Council, which must give planning permission for any changes on a feeder road that lies within its boundary, also opposed the plan.

Undeterred, EBC approved the plans at which point, the mayor and deputy mayor of Eastleigh resigned and three councillors in the ruling Liberal Democrats switched to being independent.

Eastleigh Council is keen to stress that the countryside will be defended,

but wants to meet head on what it sees as the majority of objections in relation to transport infrastructure, schools and doctors surgeries and get them built before the houses do.

Stark Contrasts between Councils By summer of this year, the development proposals were still dividing planners for Eastleigh and neighbouring Winchester City Council (WCC).

A Statement of Common Ground was drawn up by each authority, but concerns still remain at WCC. They fear that by about “concreting over the boundary” with Eastleigh with 5000 new homes, it places the villages of Otterbourne, Compton and Shawford in the direct firing line.

These tranquil rural villages would be at first swamped with construction traffic passing through and then under daily siege from additional traffic and pollution heading to the M3 and impacting on safety walking to and from the school or shops.

WCC, which has a local plan, adopts a fundamentally different approach to development. Earlier this year, they threw out plans for 90 homes to be built in Otterbourne.

Development company Gladman first sought permission in August 2016, but withdrew the application in May 2017 after a long battle with residents, who filed a total of 315 objections.

The Eastleigh-Winchester border dispute throws into stark relief how divergent planning policies and philosophies can have clear knock-on impacts for communities.

It is clear that the planning rhetoric of government is changing. It recognises that it needs to get building or it will begin to lose voter support, especially among younger people wanting access to cheaper starter homes.

Time will tell whether Nimbys win battles or if, ultimately, Yimbys win the war.

Search wider for your client Your client could fall in love with the kerb appeal of a cottage in a place like Otterbourne. Yet they could be faced with a major development outside the village that could have a major impact on their future enjoyment of their home. Would you have spotted this in the traditional searches?

Future Climate Info has launched a new suite of Planning reports to help residential conveyancers to minimise this risk for their clients. Planning application data is pulled “live” from our data supplier at the request of each report, ensuring that the very latest available information is used to compile the product.

Using FCI’s unique intelligent FCICapture technology, we identify developments which, although lying outside of the search boundary, if completed may, in reality, extend within the area of interest around the subject property.

You can combine this unique approach to planning data with contaminated land, flood and ground stability checks in a single environmental report or order a separate planning search report.

For more information, contact us on 01732 750180 or email info@futureclimateinfo.com. ■

Pic: (Top) Open country near Shawford (Bottom) Protest group in Otterbourne, Courtesy of Hampshire Chronicle

HAMPSHIRE LEGAL

29

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Conveyancing

How digitisation is changing the future of home-buying Data in the 21st century has been described as the oil of the 18th century – an incredibly valuable resource with potential for immense rewards for those who learn how to extract and use it.

L

iving in a connected, digital economy means that we are increasingly reliant on data in order to function and evolve, so businesses and consumers alike have a part to play in shaping the role of digital information in our society.

conditions taking weeks if not months to be returned. It has therefore been prioritised for digitisation with a pilot scheme being launched across five Local Authorities as a first wave in 2018. The plan is that this will be rolled out across all Local Authorities in time.

The commercial value of data has already been recognised by the automotive industry, where mobile phone signals and GPS positioning have been used to reveal important information about driver behaviours. Monitoring of parking locations, destinations, mileage and speed, even the frequency of sudden braking feeds huge back-end systems that collate that data and package it to be resold.

The digital Local Land Charges Registry scheme aims to provide 24/7 access to data, which is free to view or access for reference. As with the automotive industry, there is scope for monetisation, such as the £15 fee already in place for official copies that can be saved, printed, and rerun for six months, a service that is particularly useful when checking whether any information has changed following a delayed or drawn-out transaction.

While that data can ostensibly help by keeping costs down for careful drivers, it remains to be seen whether it’s good news for all from a financial perspective. Where it should benefit everyone is in speeding up the insurance claims process for those involved in a road incident.

Similarly, house-buying is ripe with data and there is always appetite to streamline the process. Current estimates indicate that half of all UK house sales fall through before completion , so there is a clear need to improve the home-buying process and make the data that we have work for rather than against us.

The scheme has been universally acclaimed by those that are already participating and is due to roll out across a further 18 Local Authorities over the next 18 months. It’s hoped that all 326 Local Authorities within England will be offering digital LLC within 5 - 7 years.

The Land Registry’s initiative is a great showcase for the power of data and how it can be used to streamline processes, so how can we expand this across other areas of the market?

Could we imagine a future when holders of flood data, contaminated land data, or drainage and water information make these Information collected along the way details accessible through an online portal, includes personal data about buyers and attributed to every registered address and sellers as well as surveyor reports, summarised instantly for potential buyers significant property improvements and environmental data. While these records are (and their legal representatives) at the touch of a button and for a set fee? useful, managing the sheer volume of repetitive data associated with the houseIn other words, each property would come buying process is often cited as a major complete with its own set of data at the point cause of delay in transactions going of being offered for sale. Sound familiar? It’s through and even leading to ultimate failure. not entirely different to the abandoned Home Stakeholders from all quarters are keen to improve the process, and HM Land Registry is leading the charge with a wholesale review launched in 2017 to make home-buying simpler, faster and cheaper.

Information Packs of the mid-noughties, in fact. With the advances in digital technology and data management since then, perhaps it’s time to revisit the concept. ■

Local Authority data is often considered as one of the most troublesome areas, with searches into planning permissions, conservation areas, TPOs, smoke control zone conditions or light obstruction notice

By

Jonny Davey

Product Manager at Geodesys

HAMPSHIRE LEGAL

31

Conveyancing

GCS Title Insurance – Comprehensively Simple

Guaranteed Conveyancing Solutions (GCS) is recognised as a market leading provider of legal indemnity insurance (otherwise known as ‘title insurance’), for both ‘Residential’ and ‘Commercial’ properties.

A

ll our policies are comprehensively worded and the process of obtaining cover is fast and simple. There are 3 options when it comes to issuing legal indemnity insurance with GCS: ‘Online’, ‘Pack’ or ‘Bespoke’.

1) ‘GCS Online’ provides users with 24/7 access to their account where they can obtain quotes in seconds and issue policies in minutes.

All documentations are sent out electronically and immediately.

2) GCS Insurance ‘Pack’ is just as easy to use as our Online system.

The main difference is that documentation is not sent out electronically but instead, policies are in paper format and contained in logical order within the Pack itself.

3) Our ‘Bespoke’ service is available if you are unable to issue directly from our ‘Online’ or ‘Pack’ because the risk does not meet the relevant criteria or if the policy cover your client requires is not listed Online or in the Pack. Simply contact us for a quote – an experienced and friendly underwriter is always there to help.

Don’t worry – the choice is yours!

We understand that not all conveyancing professionals work the same way and that some prefer certain methods of obtaining legal indemnity cover for their clients over other methods.

At GCS, we have over 20,000 conveyancers that rely on our policies with every individual having the option to choose Online, Pack, Bespoke or ALL three methods in combination.

All services are FREE to use and non-obligatory – Online registration takes minutes and we post the insurance Pack first class the day it’s requested.

Don’t just take our word for it – here’s what our customers have to say: “I (personally) think GCS are brilliant. The self-issue packs are fabulous.� “The online service is simple, cost comparable to other insurers and very user friendly.� “Pack and bespoke arrangements always come back quickly and will provide reply within hours to enable matters to be dealt with efficiently�

Like what you hear? Join the thousands who come to us for their clients’ legal indemnity needs and find out why we’re trusted by over 20,000 conveyancing professionals.

Register for ‘GCS Online’ account today by visiting www.gcsonline.gcs-title.co.uk.

Request a GCS insurance ‘Pack’ today by visiting www.gcs-title.co.uk/orderpack.

For a ‘Bespoke’ quote, send an email to underwriters@gcs-title.co.uk. â–

We always go the extra smile Providing conveyancing professionals with the service they deserve! ;]-Ń´ bm7;lmb|‹ bmv†u-m1; =ou |‹r;v o= ruor;uা;v -m7 7;ˆ;Ń´orl;m|v &mubˆ-Ń´Ń´;7 1†v|ol;u v;uˆb1; $_; orাom |o _-ˆ; ‹o†u o‰m 7;7b1-|;7 †m7;u‰ub|;u †b1h u;vromv;vġ vr;;7‹ voŃ´Â†ŕŚžomv †ѴѴ‹ 1olru;_;mvbˆ; 1oˆ;uġ 1olr;ŕŚžŕŚžÂˆ; ru;lb†lv

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01435 868050

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32

HAMPSHIRE LEGAL

Bespoke

Conveyancing

Unoccupied Property Insurance – Prepare Your

Home for When the Weather Turns

At this time of year, we like to remind our clients that the colder months are approaching, and so they should be making preparations for their unoccupied property. This is in their best interests, as it will be going without the keen eye of a resident to pick up on anything out of place.

M

aintenance issues can arise, especially if the building is left vacant for a long period, without inspections taking place.

There are no inspection requirements with Unoccupied Direct, so this is perfectly fine with us, but visiting after a drastic change in weather, such as heavy rain or snow, can be worthwhile for peace of mind.

Our product has been developed with the client in mind, so many common requirements have been stripped back to a minimum.

Reducing such tasks allows them to focus on more important matters with the knowledge that the property is financially protected.

Certain clauses do exist within our policy to ensure that our clients have done all they can to prevent the cold weather from causing avoidable damage to the property. For example, during the period 1st November to 31st March each year, you must comply with one of the following: - If the entire main structure at the premises has the benefit of gas or oil fired central heating then this must be set to operate continuously (not timed) for 24 hours each day at no less then 12°C or 54°F

or - All water supplies in the main structure at the premises are to be turned off at the mains stopcock and the water system drained of all water Failing to do so could affect a claim if it leads to the pipes freezing and potentially bursting. Our insurance would no longer provide cover for loss or damage due to escape of water if you fail to comply.

However, if the terms of cover are met and a valid claim arises, remember that at Unoccupied Direct we have no excess for any type of claim.

We have put together a handy guide, which is free for all of our clients. It details information and tips for looking after an unoccupied home. Feel free to get in touch if you would like us to send some to your office - contact our team by calling 0800 015 2211 or email: enquiries@unoccupieddirect.co.uk.

All of our policy documents and more information regarding our product and services are available to view online at www.unoccupieddirect.co.uk. â–

Unoccupied Property Insurance

Protection for homes em mpty due to proba ate or the owner go oing into care Visit

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33

Legacies

Angus...

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

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

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

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

If you would like to request Canine Care Card forms that you can give out to your clients please call 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 334279

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

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

At Dogs Trust, we never put down a healthy dog. We’ll care for them at one of our 20 rehoming centres, located around the UK. One in every four of your clients has a canine companion. Naturally they’ll want to make provision for their faithful friend. And now you can help them at absolutely no cost. So contact us today for your FREE pack of Canine Care Card leaflets - and make a dog-lover happy.

Call

020 7837 0006

Or e-mail

today

ccc@dogstrust.org.uk

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

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

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

34

HAMPSHIRE LEGAL

Finance

Financial Modelling – is it a benefit for clients?

We are often asked what the starting point in the advice process is, the answer from us is simple, Financial or Cashflow modelling is key to any client achieving a good starting point.

W

e have been engaged in Financial modelling since 2004. Financial modelling, not only gives advisers the ability to understand a clients’ income and expenditure requirements, but also allows clients to understand how their portfolio integrates with their income and expenditure patterns. This is particularly important when clients are looking to understand how the advice they receive affects and integrates into their plans, whether this comes from investment growth, inheritance, tax efficiency or other additional variables.

Financial modelling allows clients to understand this through numerical and visual aids, it helps clients to make informed decisions on how they should proceed.

Of course building a Financial Model is not a one off event, if it is truly going to be utilised to its best effect it should be updated on a regular basis. This enables clients to understand whether they are on track, when everything is combined, to fulfil their goals and allow them to make informed decisions, e.g. can I retire early, can I buy a boat or a second home, if I do this how does it affect my plans e.g., do I need work for longer.

Financial modelling and monitoring provides a core tool to enrich advice and justly allows clients to mitigate the anxiety that they will run out of cash before they reach the end of their lives.

With just three key variables, pension and other income, investment values and expenditure requirements, the advisor and clients are able to monitor their position and can adjust for movements in any of them. The original long-term cashflow forecast for a client should set the basic parameters for the rest of their lives. These can be reaffirmed and tweaked annually depending on how much the clients have injected into their portfolio, how their performance has been whether it is positive or negative that year.

With the above said, one thing is certain from the very beginning: none of the figures will come out exactly as projected. Clients will overspend or underspend, investments will fluctuate and events such as deaths, divorce and illness will happen. Clients will also often live longer than they expect, so most projections should be long term – to at least age 100.

Spending the time initially to prepare the initial expenditure plan requires facts, based on actual figures for spending, and in our experience clients who are engaged in the process of building their financial model get far more out of the whole advice process. After all it is their model which reflects their goals, which you are working to achieve.

Advisers have a wealth of information and experience to draw upon which can be integrated into this process, this will help to construct realistic projections.

Then, year by year, advisers can monitor clients’ expenditure against their available inflows of income and capital. If a client is spending more or less than expected, this will impact on their investment planning, and they may need to adjust their spending, more importantly a client will need to understand this. As advisers we should be in a position to have those conversations with clients, as they may not even appreciate that this is the case, let alone appreciate what affect it may have. An overspending client might not be aware of the implications this can have on their objectives.

Financial modelling also helps in the process of a client establishing and understanding what level of investment risk they may need to consider. This may be very different for someone who designs a model which shows they would only need to achieve 3% investment growth, to someone who designs a

model but the only way they can achieve their desired outcome is if they achieve 8% pa investment growth. These are important considerations for a client to be aware of and if, after gaining that understanding, they decide to either accept the additional risk or change their goals at least it has come from a more informed position.

In our opinion advisers need to look beyond pure investment advice to achieve full financial planning as there is so much more required to achieve a client’s desired outcome. ■

Steven Vallery S4 Financial Limited – steven.vallery@s4financial.co.uk

HAMPSHIRE LEGAL

35

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Conveyancing can be complex and even more so when looking at commercial transactions.

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Notices

Burley Geach Solicitors -

Mackarness & Lunt

are seeking a

are seeking a

Residential Property Solicitor

CIVIL AND PROPERTY LITIGATION Solicitor/Legal Executive

PQE 4+ years Competitive salary & benefits package Location: Hampshire & Surrey Burley Geach Solicitors LLP, a leading provider of legal services in Hampshire and Surrey, is seeking an experienced residential property solicitor with a proven record of managing a busy residential property caseload.

The successful applicant will work independently with minimal supervision and be responsible for a full range of residential property matters, including high net worth clients, from inception to post completion. At commencement they will assume responsibility for an existing caseload which they will be encouraged to develop by building and maintaining appropriate contacts. The successful applicant will benefit from working as part of a strong property team consisting of fee earners and support staff which has an excellent reputation for delivering legal advice which is tailored to the individual needs of our clients. ■ If you are interested in this opportunity to join a long established firm providing a quality and personal service please send your CV to Angela Church at

PQE 3+ years Location: Hampshire CIVIL AND PROPERTY LITIGATION Solicitor/Legal Executive with 3+ years PQE sought to join our busy, well established High Street practice in Hampshire.

The successful candidate will be dealing with all aspects of civil and property litigation work and should have experience of managing a varied caseload.

Experience in other areas of law would be an advantage but is not essential.

You should be outgoing, positive and friendly. You will also have excellent communication and organisation skills and enjoy working as part of a team. You will be keen to generate work and build good relationships with clients, local contacts etc.

Salary is dependent upon experience and we offer various additional benefits as part of the remuneration package.

angela.church@burleygeach.co.uk

We will consider full time or part time applicants. ■

or by post to Burley Geach Solicitors LLP, 2 West Street, Haslemere, GU27 2AG.

To apply, please send your CV to

ThompsonC@macklunt.co.uk by 29th November 2019.

Burley Geach Solicitors are seeking a

Part Time Family Practitioner Minimum 3 years PQE Competitive salary & benefits package Location: Hampshire & Surrey Burley Geach Solicitors LLP is a leading provider of legal services in Hampshire & Surrey. Our well respected family department is seeking an experienced practitioner with a minimum 3 years PQE and a proven track record within family law for their office in Haslemere. They are looking for candidates who have an open and friendly approach with clients to undertake all aspects of private family law, financial remedy, divorce, children matters, prenuptial and cohabitation matters with an emphasis on finances.

Full Resolution membership is preferable. ■ Applications by way of CV to Angela Church at

angela.church@burleygeach.co.uk or by post to Burley Geach Solicitors LLP, 2 West Street, Haslemere, GU27 2AG.

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HAMPSHIRE LEGAL

Residential and Commercial Conveyancing Locum available for short term cover.

Ray Martin Decades of experience, flexible working arrangements, full or part weeks and no Agency fees. ■ Contact: Mobile - 07802 4283236 or email raymondearlmartin@gmail.com for Terms of Business and CV.

Locum available for Family / Matrimonial Work: Miss Vivien Manfield admitted 1981, Resolution Accredited Family Specialist January 2006 – January 2011, based in Winchester, has been doing locum assignments since 1993 and is available for full or part time assignments. ■ Tel: 01962 853930 or email vivienmanfield@yahoo.co.uk for more information and c.v.

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