Hampshire Legal May 2019

LEGAL HAMPSHIRE

The Official Journal of THE HAMPSHIRE LAW SOCIETY

MAY 2019

S A V E T H E D A T E : 19-20 September

The National Local Law Society Conference 2019

Inside this issue:

■ Finance ■ Cyber Security ■ Happenings in Hampshire

HAMPSHIRE LAW SOCIETY

Practice act mana nagement & acc counts software

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

Introduction

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Officers President’s Review

Local News 6-14

Happenings In Hampshire

Training

ADVERTISING AND FEATURES EDITOR Anna Woodhams

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GRAPHIC DESIGNER John Barry

Hampshire Law Society CPD Events

Social Events

ACCOUNTS Joanne Casey

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MEDIA NO. 1648

16-17 Legal Awards 2019

Articles

PUBLISHED

18-19 Professional negligence

May 2019

and loss of chance, WHAT IS THE FUTURE FOR ADR?

© The Hampshire Incorporated Law Society Benham Publishing

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LEGAL NOTICE

Marketing

© Benham Publishing.

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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.

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Firms that shape their company culture create better client experiences, increase staff loyalty and enjoy greater business success

Conveyancing 25

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

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

Flood searches more important than ever due to climate change “Save Time with GCS Online” How Millennials are reshaping the conveyancing sector

Software

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

Solving the back office puzzle

Finance 29

What might 2019 have in store for the SIPP market?

Cyber Security 31

COVER INFORMATION HMS Warrior, Portsmouth

Developments in Digital Conveyancing

Wills and Probate 32

A call to all Will Writer’s

Book Review

Copy Deadlines Summer Autumn Winter

31st July 2019 31st October 2019 3rd February 2020

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THE SECRET BARRISTER Stories of the Law and How It’s Broken

Notices 34

Notices

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

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

Hampshire Law Society is focussing on improving its presence on Social Media Please follow us on Twitter @hampshirelawsoc

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

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 Miss M Aldridge Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2005 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

PR

Joe Robertson (Chair) jrobertson@jaspervincent.com Simon Whipple James Gleisner

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

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

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

Introduction

President’s Review Spring 2019

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Hampshire Law Society is looking forward to its Annual Dinner on 6 June at the Ageas Bowl Hilton with guest speaker Eddie the Eagle.

here is still a last opportunity to book tickets direct with Nicola Jennings (contact details opposite) at a cost of £50 pp or £475 for a table of 10. The venue has taken on an unexpected relevance as we welcome the Cricket World Cup 2019 to England. Indeed, England will be playing a World Cup game against the West Indies at the Ageas Bowl one week after the dinner. We hope that local MP and Sports Minister Mims Davies will be able to join us.

The chosen charity for the Annual Dinner will be Dementia UK Admiral Nurses of which there are number based here in Hampshire. Admiral Nurses are employed in various settings, most frequently in the community with the NHS, and support families looking after a loved one facing dementia. By supporting family carers who often find themselves very unprepared for the role they are about to undertake, Admiral Nurses are able to help people live at home for longer and reduce unnecessary and stressful hospital admissions. Every penny raised will go towards helping those nurses do their job locally. More information about Admiral Nursing can be found on Dementia UK’s website: www.dementia.uk.org

This is something that has been a priority for a number of us on the Committee for some time and I am pleased that we have been able to make progress. I will report back on the outcomes of the first forum in these pages.

Another issue we discussed with David Greene, and Relationship Manager, Bhavni Fowler, was better engagement with the legal profession and in particular, with in house lawyers where a growing proportion of solicitors now work. This is another area in which we hope to work with the Law Society in the coming months.

I hope to see as many of you as possible at the Annual Dinner in a few weeks’ time! ■

Joe Robertson President, Hampshire Law Society

Looking back over the last few months, Nick Gurney-Champion and I took the opportunity to meet with Deputy Vice President of the Law Society, David Greene. We discussed a number of issues facing our organisations and the wider legal profession and identified some key areas where we might benefit from collaboration. One such area we discussed was Diversity and Inclusion and I am delighted to report that we will be joining the Law Society in the first Diversity and Inclusion forum at Blake Morgan in Southampton on 11 June.

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Happenings in Hampshire

Hampshire Law SocietyEdinburgh Conference Hampshire Law Society will host a Conference on Scottish/ English legal issues in Edinburgh on 20 /21/22 March 2020.

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he Conference Programme will include two half days of talks on cross border issues which affect those English Lawyers who occasionally deal in Scottish Legal issues including the following • Introduction to the differences between the Scottish and English Legal Systems • Cross border issues relating to Mental Capacity • The differences between Probate and Conveyancing in the two countries • We will also hear an update on the Law of Covenants

Our speakers will include: • Rob Weatherley - Barrister • Richard Frimstond - Solicitor Russell-Cooke • Sandra Mcdonald - (former Scottish Public Guardian) • Colin Reid - Professor of Law @ Dundee University • Carol Hope - Solicitor Murray Beith Murray WS in Edinburgh.

Other Activities: We will arrange a tour of the Scottish Senior Courts (Court of Session) and a tour of the Scottish Parliament at Holyrood. The non-legal programme for your partners will include a walking tour of historic and literary Edinburgh, and a choice of visits to the

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Royal Yacht Britannia, Edinburgh Zoo, Edinburgh Castle and the Scottish National Gallery The Conference Dinner will take place on Saturday 21 March 2020, we will invite members of the Edinburgh District Law Society to attend and speak so that you will get an opportunity to compare notes with your Scottish brethren.

The cost for attending the conference at the two daily sessions together with Lunch and attendance at the Conference Dinner will be in the region of £200 with an additional guest at the Conference Dinner at £30.00 Rates have been secured at Holiday Inn Edinburgh at the charge of £95.00 per night including breakfast for a double room and £85.00 per night for single occupancy of a double room.

Direct flights are available from Southampton Airport to Edinburgh Airport by Flybe. Delegates will make their own arrangements for travel.

More details are available on request from Ellen White: reception@harrisco.uk 01425 638288 Anthony Harris Anthony@harrisco.uk or Simon Whipple simon@harrisco.uk ■

Happenings in Hampshire

Hampshire Law Society is delighted to be hosting the National Local Law Society Conference in 2019 It will take place in Portsmouth on the 19 – 20 September

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or more than 800 years Portsmouth has been at the centre of the UK’s military shipbuilding industry. The city was given its first royal charter by King Richard I but grew as a naval base during the reign of Henry VII and then by his successor Henry VIII, who is regarded as the founder of the modern British navy.

It is still home to almost two-thirds of the Royal Navy’s surface ships.

Portsmouth Historic Dockyard houses some of the rarest ships and relics in the world including the Mary Rose, Henry VIII’s flagship which sunk in 1545 and was famously raised from the seabed of the Solent in 1982, HMS Victory, Lord Nelson’s flagship at the Battle of Trafalgar and HMS Warrior, Queen Victoria’s magnificent warship and the first iron hulled warship built in 1860.

It will come as no surprise that Hampshire Law Society is keen to make the most of Portsmouth’s waterfront setting, embracing its maritime history and proposes to hold the 2019 conference in this vibrant city

which has undergone somewhat of a renaissance in recent years.

Opening drinks & canapes will be held within the historic dockyard, on HMS Warrior. The conference will be held at the Royal Maritime Club located just 200m from Portsmouth Historical Dockyard and within easy walking distance of both Portsmouth Harbour railway station and Gunwharf Quays outlet shopping centre where the iconic 170m tall Spinnaker Tower is located. There is good priced accommodation available at the Club or alternatively a Premier Inn is just next door.

Subsidised parking is provided in the dockyard carpark opposite the venue.

The Gala Dinner will be held either at the Royal Maritime Club or at one of the other renowned venues within the Historic Dockyard depending on the level of sponsorship received. We are delighted to have secured Simon Weston as our after dinner speaker well known for his heroic actions and motivational style. ■

SAVE THE DATE!

On Thursday 19 and Friday 20 September Hampshire Law Society is delighted to host

the National Local Law Society Conference 2019 Royal Maritime Club, Portsmouth 19 September – Welcome drinks on board HMS Warrior 20 September – Conference followed by Gala Dinner The President of the Society Simon Davis will be in attendance.

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The after-dinner speaker will be the inspirational Simon Weston

Full details to follow soon

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Happenings in Hampshire

Promotions at Churchers Churchers Solicitors is a Hampshire and Isle of Wight based law firm, with six offices across the county, in Portsmouth, Fareham, Cosham, Gosport, Lee On The Solent and Ryde.

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aving gained the Hampshire Incorporated Law Society Awards 2018 – Small Law Firm of the Year, Churchers has already seen some great success in the past year. This success has led to three staff promotions within their Portsmouth and Cosham offices.

In our Portsmouth office, Leesa Clemow, specialist Family lawyer, has continuously contributed to the overall business development in her 21 years with Churchers, and has become a newly appointed Partner of the firm, Leesa comments ‘It is an honour to be promoted to Partner, and I am looking forward the future’. In addition, Sarah Hallett, has been promoted to Senior Solicitor.

Having joined the firm in 2013 as a trainee, and qualifying in 2015, Sarah now undertakes all aspects of work within the Criminal Department.

Managing Partner Ian Robinson comments ‘2018 was a great year for Churchers with various achievements. I’m delighted to have given promotions to these very talented members of staff and look forward to the future development of the firm’.

At our Cosham office, Clare Duffy, a member of the Child Law team, has been promoted to an Associate position. Clare joined Churchers in 2013, having qualified as a solicitor in 2006, and has shown great dedication to the firm in recent years, Clare comments ‘Churchers continues to encourage me to strive for my best. I’m thankful to be given an Associate position, and look forward to see what the future holds’.

Here's to another fantastic year at Churchers Solicitors! ■

Paris Smith presents Murray Parish Trust and Southampton Hospital Charity with cheque for over £23,500 Regional law firm Paris Smith LLP has cemented its year of fundraising for the Murray Parish Trust in partnership with Southampton Hospital Charity by presenting a cheque for £23,564.

Pic Left to right: Dr Jane Bayreuther, Vicky O’Flaherty (Southampton Hospital Charity), Sam Robson (Murray Parish Trust), Nick Vaughan and Claire Merritt from Paris Smith

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not only our team, but also the generosity shown by clients and associates who attended some of our events last year.

Key activities which focused staff efforts included the Great South Run, a teddy bears picnic and dress down day, sponsored cycles, a sporting dinner, 200 year gala dinner client event at O2 Guildhall at which Sarah Parish was a speaker, plus much more.

“I’m very proud of what we’ve achieved for such an important cause in the region but one which will benefit youngsters far and wide. To have played a part in making the dream of Sarah Parish and James Murray come to life is very rewarding for the whole firm.”

he firm embarked on a series of fundraising efforts in celebration of its 200th anniversary raising vital funds for its charity of the year, through staff and client events.

James Murray co-founder of The Murray Parish Trust said: “Paris Smith continues to lead the charge when it comes to supporting the MPT, proving time and time again that corporate social Nick Vaughan, senior partner at Paris Smith said: “Our choice of a responsibility really pays.” ■ charity to fundraise for during such a landmark year for the firm was incredibly important and I am delighted with the efforts from

The money raised contributed to the Trust reaching its £2 million target to create a state of the art Children’s Emergency and Trauma Department at University Hospital Southampton.

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Happenings in Hampshire

Trethowans announces senior appointment in response to demand for private client services in Salisbury Chris Pemberton has been appointed as a partner by leading regional law firm Trethowans. The private client specialist will be based in Salisbury, following high levels of demand for Trethowans’ services in the city.

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hris has extensive experience in all areas of private client work, including the administration of estates and probate, setting up trusts, tax planning, drafting wills, and powers of attorney.

He said: “I’m thrilled to be taking up this senior post in Salisbury. Much of my work centres on the administration of estates belonging to farmers and landowners - and there is certainly a great deal of demand for this in Wiltshire.

“Having already had the chance to meet my new colleagues here, I have great confidence we will continue to provide a service that is second-to-none for our clients.”

Chris also works with families, advising on trusts for those who have learning difficulties - and is included on Mencap’s panel of recommended advisers. He is a registered trust and estate practitioner with STEP and has been recognised in the Legal 500 publication.

Chris Whiteley, managing partner of Trethowans, added: “In Salisbury, our reputation is attracting some wonderful legal talent - and Chris Pemberton is an excellent addition to our superb team here.

“We’re delighted he has decided to join us during this period of growth for Trethowans in the city. I have no doubt his leadership skills and experience will prove invaluable to our team and to our private clients.” ■

Rural Property team grows at Moore Blatch: Anita Symington appointed as Consultant Anita Symington has joined Moore Blatch as a consultant in the rural property team.

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former Chief Legal Adviser to the Country Landowners Association (CLA) and partner specialising in farms and estates for over 30 years.

Having Anita, who specialises in these areas, join our team further strengthens our ability to provide informed and specialist legal advice that is directly relevant to today’s agricultural businesses.”

Anita advises on all aspects of agricultural law, in particular sales and purchases of rural land and estates, agricultural tenancies, diversification enterprises, wind energy projects and the implications of Brexit.

Anita Symington commented: “The Moore Blatch team have a strong reputation for their knowledge of the countryside plus an understanding of the intricacies of handling all matters related to rural land and estates. I’m pleased to be joining their ranks.”

Anita also advises on succession planning, sporting rights, filming location agreements, estate audits, agricultural property relief and agricultural secured lending.

Anita currently sits on the CLA Legal and Property Rights Committee and has close contacts in the National Farmers Union (NFU), Tenant Farmers Association (TFA) and the Central Association of Agricultural Valuers (CAAV). She has also written and lectured on subjects related to rural property and has been named as a leader in several guides.

Sarah Jordan, head of rural property at Moore Blatch commented: “Government figures report that 62% of farmers are diversifying. As businesses seek to meet new financial challenges as well as take advantage of new opportunities on offer, so the agricultural landscape is changing. Brexit uncertainty poses an additional set of challenges.

Anita is based in Moore Blatch’s London office, and works with clients throughout the UK. HAMPSHIRE LEGAL

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Happenings in Hampshire

Amy Johnson joins Larcomes LLP A

Amy has experience representing and advising clients within a wide spectrum of litigation areas. She is currently involved with assisting David Sumner in various aspects of litigation including; Landlord and Tenant claims, Employment claims and Coownership Disputes. Amy also assists David Before joining Larcomes LLP, Amy worked Sumner with non-litigious work including as part of a Legal Services team within a Settlement Agreements, Commercial Local Authority assisting with Child Care proceedings. Amy then went on to work with Conveyancing, Environmental Law and several private law firms based in Hampshire drafting various contracts and advice notes on a wide range of subjects. and London. Amy’s work has covered a Amy is a member of the Law Society Junior wide range of topics including Marine Law Lawyers Division. with a focus on cargo loss and salvage claims, noise induced hearing loss claims and Landlord and Tenant Law. my graduated with honours in Law with International Studies from the University of Surrey in 2012 and then went on to undertake her Legal Practice Course at De Montfort University in Leicester which she completed in 2016 whilst working full time.

Amy joined Larcomes LLP in 2017 as a Trainee Solicitor within the Commercial Department and qualified as a Solicitor in March 2019.

Vision and values of Paris Smith attracts top talent Helen Brown, a H partner with Manchester and Cheshire firm, Slater Heelis, has joined Paris Smith's Commercial Dispute Resolution team, acting for regional and national businesses across a range of sectors.

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elen said: “It is important for me to be part of a firm that shares my aspirations and values.” Experienced solicitors Alison Jones and Tamsin Simmonds have joined the firm as Associates specialising in Commercial Property. Both have joined Paris Smith having worked for London firms.

Dispute Resolution paralegal, Alex Cooper, has elected to start a new career in the legal profession following seven very successful years in the asset finance industry where he worked for both a funder and as an independent broker. Alex was awarded the LeasingWorld Next Generation Award in 2016.

Paris Smith, has also been joined by a senior planning officer from Winchester City Council. Jane Rarok has worked in local authority development management for over 18 years and has significant experience and expertise in urban and rural planning with a particular specialism in planning within National Parks.

Peter Taylor, managing partner at Paris Smith, said: “It never fails to give one an extra spring in one’s step when highly talented people come to work with you who share the firm's vision, values and clear sense of purpose” ■

Happenings in Hampshire

Solicitors make Easter Donation Members of staff at T Gosport legal practice, Donnelly & Elliott Solicitors, have collected over 200 chocolate eggs for distribution amongst those less fortunate over the Easter holidays.

he receptionist of renowned Gosport law firm, Donnelly & Elliott, has coordinated a charity drive amongst the firm’s clients, associates and staff to gather an impressive collection of chocolate eggs for Hampshire County Council to pass on to children this Easter.

food banks throughout the year. We have become a well-known point in the community for people to make donations.’

‘We are very grateful to Donnelly & Elliott for collecting and donated so many Easter Eggs for children across Gosport, Fareham and Havant, whose families are struggling to afford them, who have suffered harm or neglect, or have been exposed to violence at home,’ says Kirstyn.

Louise Warner, who has worked for the firm for 19 years, managed the project with colleague Sharon Hall, and made the donation through Kirstyn Knowles, a Team ‘The donations go directly to the parents to Manager for the council’s Children Services give to their children as if they had bought department. them themselves, but we know that ‘We started collecting in March and are so Donnelly & Elliott has given generously to help and support these families and we grateful for the generosity and kindness of thank all the firm’s clients and staff for this all those who donated,’ says Louise. ‘This very kind act. It truly makes a difference.’ ■ is the second year we have asked for Easter Eggs in addition to our Christmas appeal and regular collections for local

The Test Valley Business Awards 2019 The Test Valley Business A Awards 2019 have launched! The awards are a competition comprising a number of award categories for businesses in the Test Valley area, and are a great opportunity to promote your business.

s gold sponsors of the awards this year, Parker Bullen will be judging the Small Business of the Year Award, a category which is open to any business employing up to 15 people. We are excited to start reading applications and meeting with all the nominees in the category. In judging the award, we will be looking at the nominees’ focus on quality customer service, the recent successes and future challenges of the nominees and whether the nominees are achieving their targets. We will then compile our shortlist and shortlisted nominees will be able to attend the Gala Awards Dinner in September.

• Innovation & Technology Award; • New Business of the Year Award; • Marketing Excellence Award; • Businesswoman of the Year Award; and • Employer of the Year Award.

If you would like to nominate your business for any of the award categories, you can do so by going to www.tvbawards.org.uk/enter/.

You can enter as many categories as you wish and need to include around 200-250 words about your business. Entries can be made until midnight 13 May 2019 and it is free to enter. We look forward to meeting you as part of the judging process, and Good Luck!■

Other categories now open for nominations include: HAMPSHIRE LEGAL

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Happenings in Hampshire

It pays to retain quality staff T

Retaining quality talent is crucial to business success. And that is the experience of Phillips Solicitors which over the past year has celebrated a number of milestones for long serving employees.

Prior to joining the Phillips, Gill had a very varied career where she gained valuable experience. This ranged from working for one of the 20 th Century’s leading evolutionary She joins a long list of employees who have had biologist, when she was assistant to Professor Ernst Mayr at the Museum of significant work anniversaries, including office Comparative Zoology at Harvard University, manager/receptionist Sheila Garrett, who in in Massachusetts to working as a personnel March celebrated her 20 th anniversary at the adviser at MCA DiscoVision, in California, firm. Prior to that her co-worker Theresa Dawe which is part of entertainment giant MCA. celebrated 30 years working for Phillips, while She also worked as a Legal Assistant at a Zoe Baxter, who is a director and head of the global law firm Clyde & Co in London.

Residential Property team reached her 25 th year, Alex Hooker, who is PA to Director Describing Gill as the “Matriarch of the House,” Jonathan Pender and legal assistant Jakki Lonie Phillips’ senior director Howard Gardener both reached 30 years. particularly praised her for taking responsibility he latest is Gill Brown whose silver anniversary was marked by a lunchtime gathering of directors and colleagues at the firm’s Town Gate offices in London Street.

Gill, who is a director at the firm and head of the Employment Law team said: “We’ve been very fortunate at Phillips to have so many loyal staff stay with us for so many years. It makes us feel like we are part of a large family.”

“Long serving employees often represent significant value to a business. When someone has worked for your business for a number of years they would have acquired knowledge and relationships crucial to the continued success of the business.”

“I think one of the reasons why we have so many colleagues who have stayed with us for a long time is because they feel their hard work is recognised by the firm. When people feel appreciated they are more likely to stay working for a business. This is in part because we at Phillips foster healthy communications between all levels of employees.”

The firm, established 33 years ago, has grown since Gill joined it as a newly qualified solicitor in 1994

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in training staff, which is in addition to her work as an Employment Law specialist.

“What you have done in encouraging young people and staff and nurturing their careers is second to non and they should thank you for that.”

“You have also kept us all on the straight and narrow by maintaining our training standards that are regularly updated alongside the first rate work you do as a solicitor for individuals and businesses that have employment law issues - all of these things are a remarkable achievement.”

Delighted with a beautiful gold locket presented to her by Howard, Gill said: “I don’t know where the last 25 years have gone – time has certainly whizzed by. I think this is in part because of the great colleagues I work with and wide variety of work I deal with at Phillips.”

To find out more about Phillips Solicitors and its range of legal services please visit www.phillips-law.co.uk/. ■

Happenings in Hampshire

Pic: Left to right: Tim Boughton, Olly Church, Paula Al-Yousif, Peter Taylor, Tim Rushmere

Lawyers call up military experience to build resilience H

Regional law firm Paris Smith LLP has brought in military veterans with huge experience of recovery from mental illness and challenges, to enable staff to develop their mental resilience.

The firm which has offices in Southampton and Winchester has a strong focus on the wellbeing of its staff.

aving introduced a number of initiatives in recent years to support the physical wellbeing of the members of the firm, Paris Smith has launched a new mental resilience and health programme to further support its staff’s wellbeing..

The firm has engaged The Eleos Partnership, a team of three military veterans, Tim Boughton, Olly Church and Tim Rushmere, who draw on their personal insights of their individual recovery journeys and experiences in Northern Ireland, Bosnia, Iraq and Afghanistan. Each has overcome life changing mental and physical scars of battle. As part of their mental resilience programme, they share the strategies which they have each developed, which are shown to apply equally to the corporate and professional workplace as well as the military environment.

Peter Taylor said: “The launch of this programme reflects how highly we as a firm and individuals, regard the mental health of our team. National research reveals that nearly half of people living with a mental health issue hide it from their colleagues/employer. Statistics also show that over half the workplaces in the country have no mental health support even though workplace stress accounts for a significant proportion of sickness days.”

He added: “I subscribe to the philosophy that a trouble shared is a trouble halved. My

grandfather taught me a wise lesson that showing vulnerability is a sign of strength rather than weakness. Although I personally have no fear in showing vulnerability, I want all our staff to feel able to be themselves and authentic. It is important to me that they have the confidence to approach a trained mental health first aider in the office if the need arises without fear. I want them to know how to manage any stressful situations, and to strengthen their resilience and wellbeing. Being able to recognise the signs in colleagues and knowing how to offer support is part and parcel of an effective team.”

A Commando Pilot for 19 years, Tim Boughton, said at the launch: “It’s vital to remember that no one is invincible. We train our bodies to be fit but do we train our minds to be fit too? We need to apply the same approach to both. We’re living in an age where we are faced with so much negativity in the news and on social media, and are constantly given the opportunity to compare ourselves to others. It’s how you deal with it that is crucial. We’re aware people can be resilient in appearance but there will be stress under the surface.

The firm plans to further its commitment to wellbeing and mental health by offering further similar workshops and a wellbeing week in September. ■ HAMPSHIRE LEGAL

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Happenings in Hampshire

Metamorph Law

acquires Verisona Law V

Pic: Sue Ball

Leading Hampshire legal practice, Verisona Law, with offices in Portsmouth, Waterlooville and Gosport, the latter trading as Donnelly & Elliott, has joined Metamorph Law.

erisona Law strengthens and enhances Metamorph Law’s existing South Coast offering by bringing additional expertise in commercial matters, a strong commercial property practice bolstered by the firm’s recent acquisition of Donnelly & Elliott, and well-regarded, community focused teams in matrimonial and family law, residential conveyancing, litigation and wills, trusts and probate.

Sue Ball, Managing Director of Verisona Law, will join Metamorph Law’s management team, working closely with other offices within the group, including the existing Southampton branch which will now trade under the Verisona Law brand.

Metamorph Group MD, Alan Webb, commented:‘The acquisition of Verisona Law adds further depth and quality to our operations and brings some of the leading legal teams in the area into our business.

It adds a respected local brand to our stable and fits perfectly with our strategy to grow as a single business with multiple brands.’

Sue Ball commented: ‘We are very proud that Metamorph Law has seen such potential in all we have built and achieved over the past decade. Though there will be no difference in terms of our client service, being part of the group strengthens all Verisona Law has to offer and ensures a bright future for both our clients and highly valued staff.’

Adam Corcoran, Managing Director of Donnelly & Elliott, commented: ‘With support, expertise and experience from new colleagues across the UK, we now have greater resources to access opportunities and growth like never before.

It feels like we are at the start of a very exciting and prosperous journey.’ ■

Paris Smith appoints first apprentice as new marketing assistant G Pic: Georgina Carr

Paris Smith LLP has cemented the success of its apprenticeship programme by appointing Georgina Carr as Marketing Assistant following a successful 12-month business administration apprenticeship at the firm’s Southampton office.

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eorgina became the firm’s first ever apprentice in March 2018, after graduating from Barton Peveril College in Eastleigh with a level three diploma in business studies achieving double distinction.

clients alike, and enabled us to hire somebody who is already embedded in the team.”

Since then, she has played a vital role in supporting Paris Smith’s marketing team.

Georgina added: “I am delighted to become a permanent member of the team here at Paris Smith, and look forward to applying everything I learned during my apprenticeship to my new role.”

Helen Freeston, Marketing Director at Paris Smith, said: “We are delighted to offer Georgina a permanent position. She has made the most of every opportunity given to her and become an integral part of our team over the last 12 months.

Georgina’s apprenticeship was delivered

by Southampton-based training provider Boom Training Ltd, which specialises in office-based apprenticeships for all ages across Hampshire, Surrey, Berkshire and Dorset.

“The apprenticeship scheme has been invaluable for everyone. It has allowed Georgina to learn on the job and build important relationships with staff and

Following the success of Georgina’s apprenticeship, Paris Smith has committed to taking on further apprentices in the future. ■

Training

HAMPSHIRE LAW SOCIETY – CPD EVENTS Family Law Update

Conveyancing Update

DJ 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.

• Legal update, children and money • When contact isn’t working, tips & traps • Other topical issues

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 4 June 2019

Tuesday 18 June 2019

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 16 July 2019

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)

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 Terms and conditions

Total no of places booked

Price

Discount %

• All applications will receive a written confirmation of booking

1-4

£90.00

NIL

• Payment is required with the registration form. No places can be reserved without payment

5-9

£81.00

10%

• Booking is subject to availability of places

10-19

£72.00

20%

• Delegates may be substituted at any time with an appropriate additional payment for any non-members

20-30

£67.50

25%

• Venues are checked for accessibility

30+

£63.00

30%

• 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

HAMPSHIRE LAW SOCIETY

• 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 LEGAL

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Social Events

Hampshire Law Society

LEGAL AWARDS 2019

Hampshire Legal Awards 2019 Nominations are now open for the Hampshire Law Society Legal Awards 2019 Firms and individuals from the Hampshire legal sector are invited to nominate their firm, themselves (don’t be shy!) or colleagues in one of four categories (see below for details).

So if you work with a talented rising star or an inspirational leader or you consider your firm to be the best to work for then please let us know before 30 May The nominations will be judged by an experienced panel of judges, comprising of leading figures from law, business and academia with the winners being announced on 6 June 2019 at the Annual Dinner and awards ceremony at the Hilton Ageas Bowl,

As usual there are 4 categories Firm of the year – large (15 or more partners) Firm of the year – small Lawyer of the year Junior lawyer of the year All nominees will receive an acknowledgement and the opportunity for a photograph and short profile of themselves or their firm in the Spring or Summer issues of Hampshire Legal. Entries will be shortlisted if required and all unsuccessful entries will receive a consolation prize.

JUDGING CRITERIA Solicitor of the Year: More than 5 years PQE

Judges will be looking for • Involvement in interesting, demonstrable evidence of one or challenging or new areas of law more of the following: • Dedication to your clients • Support for the profession which may include non-fee earning work/activities • Contribution to the community including pro bono work

Junior Solicitor of the Year:

• Excellent standards of work • Dedication to the role and profession • Professional development • Contribution to client relationships and business development • Contribution to the community including pro bono work

Law Firm of the Year: a) Large(15 or more partners) b) Small

• Training initiatives and accreditations received/being worked towards (e.g.

Conveyancing Quality Scheme) • Growth in reputation • Appreciation and recognition by clients • Dedication to development and welfare of staff • Client initiatives that you feel have set the firm apart from others • Contribution to the legal community • Recognition received from other firms • Contribution to the community including pro bono work

ALL ENTRIES MUST BE COMPLETED ON THE OFFICIAL ENTRY FORM THE FORM IS AVAILABLE FROM NICOLA JENNINGS ON administration@hampshirelawsociety.co.uk IT IS ALSO AVAILABLE ON THE WEBSITE

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HAMPSHIRE LEGAL

HAMPSHIRE LAW SOCIETY

Hampshire Law Society

LEGAL AWARDS 2019

Presents

ANNUAL DINNER AND AWARDS 2019 Thursday 6 June 2019 Hilton Hotel at the Ageas Bowl, Hedge End

Hampshire Law Society warmly invites members and their guests to the 2019 Annual Dinner and Awards, the leading black tie event in the local legal calendar, on Thursday, 6th June.

This memorable evening will take place at the prestigious Hilton at the Ageas Bowl. Pre-dinner drinks will be served with the opportunity to do some beer tasting from a local micro brewery and Hampshire food producers.

This will be followed by dinner in the Ballroom, a sumptuous 3 course meal prior to the entertainment and presentation of the Legal Awards 2019.

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

A quality after dinner speaker has been booked.

Eddie ‘The Eagle’ Edwards is Great Britain’s first Olympic Ski Jumper.

Eddie was ranked 55th in the world which qualified him as the only GB applicant for the 1988 Winter Olympics in Calgary. With the UK firmly backing the plasterer from Gloucestershire, Eddie took to the slopes followed by a whirlwind of international press and media. Eddie competed in the 70m and 90m jump events, but unfortunately came last in both events.

Although he did not win an Olympic medal, he did win a place in the hearts of spectators all around the globe. This was ultimately due to his lack of success, but more importantly his pure determination and ‘have a go’ attitude.

The estimated time for carriages is 11.00pm

If the 2018 event is anything to go by, the 2019 dinner should provide an ideal opportunity to entertainguests and colleagues plus plenty of networking at this prestigious venue.

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

Price £50.00 per head Table of 10 £475.00 Kindly sponsored by

Articles

Professional negligence and loss of chance, Pic: Simon Parsons

The defendant solicitors admitted professional negligence at the door of the County Court but denied that that negligence had caused the loss of chance.

Loss of chance in English law.

Loss of chance is an aspect of causation which arises in the law of contract and in the law of tort. It concerns a breach of contract or a negligent breach of duty which causes a claimant to lose the chance of gaining a benefit and/or to avoid a loss. The usual remedy is damages to compensate for the claimant’s loss of chance although in contract restitution is also a remedy. The principle has a long history, for example in the law of contract it has been applied in respect of a lost chance to take part in the final stage of a beauty contest (Chaplin v Hicks [1911] 2 KB 786) and more recently in the law of tort in respect of a lost of a chance to negotiate better terms in a property transaction (in the leading case of Allied Maples Group v Simmons [1995] 1WLR 1602).

The most recent decision on the principle is that of the Supreme Court which concerns professional negligence and loss of chance.

In Perry v Raleys Solicitors [2019] UKSC 5 the claimant was a retired miner suffering from vibration white finger (VWF) which is caused by excessive use of tools that vibrate. The condition can result in a reduction in grip strength and manual dexterity in the fingers. The National Coal Board was found to be negligent in not taking reasonable steps to reduce the risk of VWF. A government scheme was set up to provide compensation for VWF. The scheme provided two types of compensation equivalent to general damages and special damages for personal injury. The special damages included a services award which was awarded if a claimant could not do six routine domestic tasks, for example gardening and DIY, because of VWF and required assistance to do them. If a medical interview confirmed this then the claimant became entitled to a rebuttable presumption that they qualified for a services award in addition to general damages. The scheme provided for relatively light-touch checks for services award claims.

The professional negligence claim.

The claimant instructed Raleys, to pursue a claim for VWF and that claim ultimately fell within the scheme and the claimant was medically assessed as being entitled to general damages but also to the rebuttable presumption in favour of the services award. In a settlement the claimant settled for general damages of £11,600 but he did not make a claim for a services award within the set time limit. The claimant made a professional negligence claim against Raleys in February 2009, claiming that the firm’s negligent failure to give him competent legal advice deprived him of the chance to claim a services award. His estimated loss was £17,300.17 plus interest.

The defendant solicitors admitted professional negligence at the door of the County Court but denied that that negligence had caused the loss of chance. The claim was dismissed by the trial judge as he found that the VWF from which the claimant was

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Articles

suffering when he settled his claim had not caused him any significant disability in performing any of the six tasks without assistance, sufficient to have enabled him to make an honest claim for a services award. The claimant’s assertion that he was unable to perform the six domestic tasks because of VWF was undermined by his medical records, which revealed he had made no complaint of lack of manual dexterity and by photographs of him fishing which he said he had to give that up due to the lack of dexterity. When cross examined on these disparities the claimant was unable to give a credible explanation. The claimant was dishonest. The judge also found that the evidence from the claimant’s family lacked sufficient credibility to rescue the claimant from his difficulties, and that the medical evidence, while supportive of his case, was insufficient to swing the balance in the claimant’s favour. This means that the professional negligence did not cause a loss of chance because the claimant would not have obtained the services award even if he had received competent legal advice. With that advice the claimant would not have pursued a claim for the services award.

The Court of Appeal in 2017 allowed the claimant’s appeal ([2017] EWCA Civ 314) because the judge had got the law on loss of chance wrong as he should not have conducted a trial within a trial when considering whether, on the balance of probabilities, the claimant suffered from a disability significant enough to bring an honest services award claim. That amounted to a determination as to whether the claimant would have succeeded in his services award claim against the government.

That was not an issue for the loss of chance claim but rather for the lost services award claim against the government. The issue for the trial was whether the defendants had caused the loss of chance of applying for the services award not whether the claim would have succeeded. In contrast to the trial judge, the Court of Appeal found that the claimant, with competent legal advice, could and would have brought a services award claim and that it would have had an 80% chance of success if brought. Thus, the defendants had caused the loss of chance. The claimant was awarded damages of £14.556, plus interest at 8%. The policy behind the decision was that it was too easy for negligent solicitors and their indemnity insurers to raise huge obstacles against claimants by effectively requiring them to prove in a loss of chance claim that they would have succeeded in making a claim against a third party. This was very difficult for claimants especially unsophisticated ones such as the claimant. The defendants appealed to the Supreme Court.

as they will be advised not to make a claim if the true facts cannot give rise to a successful claim. The courts presume that claimants only make honest claims and will not reward dishonest claimants such as the claimant in Perry.

Conclusion.

The decision of the Supreme Court is important for defendant solicitors and legal executives and their professional indemnity insurers because by requiring the claimants in loss of chance claims to prove they would have pursued the lost claim if properly advised because the claim would have been honest and successful means that there will be less claims for loss of chance. Thus, there will be less claims for professional negligence and professional indemnity insurance premiums will not rise as a result of dishonest claims. Dishonest claimants should not be rewarded even if they have been failed by their professional advisors. ■

Simon Parsons HILS member

The decision of the Supreme Court.

The Supreme Court allowed the defendants’ appeal and reinstated the judgment of the trial judge describing it as a ‘detailed and lucid reserved judgment’. Lord Briggs gave the judgment with which the other four justices agreed. The Supreme Court held it was lawful for the trial judge to carry out a trial within a trial to ascertain whether the claimant would have brought an honest claim for the services award even if that involved him proving he would have succeeded in making a successful claim against the government. The claimant had to prove this on the balance of probabilities and the trial was an appropriate venue for evaluating that issue. The trial judge was also right to impose a condition that the claimant’s claim had to be an honest one because claimants need to be honest in personal injury claims HAMPSHIRE LEGAL

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Articles

WHAT IS THE FUTURE FOR ADR? Photo: James Robins

I

Photo: Ivan Roots

As is well known in the profession, there is increasing pressure from the judiciary for parties to litigation to consider ADR as an alternative to the cost and delay of formal proceedings.

n early December 2018 a working group of the Civil Justice Council published its ADR and Civil Justice Final Report which makes recommendations about ADR following the working group's review of the ways in which ADR is currently positioned within the civil justice system in England and Wales. In this article, we take a brief look at what ADR is, why it is used and the report's recommendations for the way forward.

What is ADR? ADR is often perceived to be simply shorthand for mediation but in fact it encompasses a range of different methods of resolving disputes such as:  Negotiation and round table meetings.  Conciliations and ombudsmen.  Judicial or private early neutral evaluation.  Arbitration.  Online dispute resolution.

Why is ADR used?

There are a number of reasons why ADR should be explored and, if appropriate, used.

Firstly, if used early enough, it can resolve disputes more quickly and cheaply than formal dispute processes.

Secondly, in terms of commercial benefits, using ADR might actually save a business relationship, because "talking through" your differences and settling early may mean you are more willing to work together again.

Also you may be contractually obliged to use ADR in the event of a dispute arising.

Thirdly, many pre-action protocols require the parties to consider ADR. For example, the Pre-Action Protocol for Professional Negligence Claims requires a claimant to state in its Letter of Claim whether it wishes to refer the dispute to adjudication and parties are also required to consider ADR more generally.

Finally, the courts look favourably on the use of ADR and a failure to address or seriously consider ADR may have cost consequences even if a party succeeds in court. At the end of the trial, there may be costs arguments on the basis that one or more parties unreasonably refused to take part in ADR. This approach has been affirmed by two Court of Appeal decisions in recent years: PGF II SA v OMFS Company 1 Limited [2013] EWCA (Civ) 1288 and Thakkar v Patel [2017] EWCA Civ 117.

In PGF, the Court of Appeal held that silence in the face of an offer to mediate was, save in exceptional circumstances, unreasonable conduct meriting a costs sanction. This was the case even though an outright refusal to mediate might have been justified.

Similarly, the Court of Appeal reaffirmed in Thakkar that a failure to engage in ADR will have costs consequences. In that case, the defendant was ordered to pay 75% of the claimant's costs of the claim even though the claimant failed to better the defendant's (withdrawn) offer.

What does the report say should happen next?

The report advocates "a forum for continuing liaison between Judges, ADR professionals and other stakeholders to progress ADR's contribution and its place within a rapidly changing civil justice world".

It also highlights the need:  To raise awareness about ADR – in law, in the professions, and even in the general public.

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 To increase the availability of ADR – not only in terms of funding and logistics, but also in terms of quality and regulation of the professionals involved, and  To encourage the use of ADR – by both the government and the courts.

The suggestions for raising awareness about ADR include more coordination between different areas of ADR (eg civil, workplace, community) to provide "a single voice of mediation", settling up a website as a central point of information about ADR with demonstration videos on how different forms of ADR work, and pushing to get references to ADR into broadcast and social media.

On increasing ADR availability, the conclusions include ensuring that judges are sufficiently available for judicial early neutral evaluation, seeing the small claims mediation scheme being fully resourced, considering emulating the regulatory approach for the Family Mediation Council, and promoting standards for online dispute resolution.

To encourage the use of ADR through the courts and government, the suggestions include a review of how the courts treat those who fail to try ADR, having court documents that express a presumption that ADR should be attempted, the claimant's claim document and also possibly the defendant's defence document including a requirement to certify attempts to contact the other party and settle and earlier as well as more stringent encouragement of ADR in case management.

How might this change the ADR landscape?

While the report states that "the Rules and the case law have to date been too generous to those who ignore ADR and in our unanimous view under-estimate the potential benefits of ADR", it also expressly states "we do not support the introduction of blanket compulsion in the sense of an administrative requirement that proof of ADR activity has to be provided as a precondition of any particular step".

As such, there is no drastic change recommended to compel parties to try ADR. That said, it is clear that the working group is concerned about the current state of play and considers that ADR needs to be given a boost, with a harder look taken at those who ignore ADR. The move towards a "presumption" that ADR should be attempted together with the costs consequences for failure to mediate is likely to mean that we can expect more claims will be diverted away from judicial determination.

Whilst it will take time for the report to be reviewed and discussed, and for resultant steps to be determined and undertaken, it is clear that ADR will become a more prominent feature of the litigation landscape in the future and parties will struggle to justify not engaging in any form of ADR process. ■

James Robins (Partner) & Ivan Roots (Associate) Womble Bond Dickinson (UK) LLP

Marketing

Firms that shape their company culture create better client experiences, increase staff loyalty and enjoy greater business success As 2019 gathers speed, smart solicitors’ firms are exploring new ways to take their business above and beyond client expectations. Simply providing good quality legal services used to tick all the boxes when it came to the attraction and retention of a strong client base.

W

hilst clearly this remains a vital component of your success, the traditionally linear client journey has been replaced with a more circular, customer-led process – more like a flywheel than a funnel. The momentum of that flywheel comes largely from the client experience.

Memories are made of this Creating a memorable connection with your clients is about more than just finding the practical end solution to their legal issues. Yes, they’ll be satisfied if you help them win compensation or settle a dispute at work, but if the experience of working with your firm along the way is remarkable that’s when they’ll recommend you to others - and return in future themselves.

So, how do you create a client experience that sets you apart from your competitors? Demonstrate what makes your firm unique! Every firm has an individual blend of skills, experience, personalities, principles and philosophies that forms the culture in which they work and informs the inimitable way in which they communicate with clients.

Getting to know you You’re solicitors dealing with complex cases and different characters every day, so you’ll have become wise to the myriad quirks of human nature. But how do you step back and get perspective on your own personality – and on a collective level? Work together! Include staff from all parts of the firm, not just senior staff. The fundamental rule of defining your true company culture is that you do it as all together, as a team.

By identifying what’s special about your firm, you can turn it into your USP - your brand - and use it to shape a client experience with more depth and longevity. After all, your culture exists whether it’s designed or not – so why not acknowledge it and make it work for your business?

3’s the magic number Brevity Marketing can provide instructions for a simple and fun team exercise that will carefully draw out 3 core values that represent your business culture e.g. for Brevity Marketing we agreed on the words ‘adventurous’, ‘balanced’ and ‘real’. You might think about words such as ‘accountability’, ‘commitment’ and ‘integrity’ and discuss how are they evident in the way your firm works.

We strongly recommend that you simply stick to 3 words when defining your values. Any more than this and it gets confusing and difficult to remember, defeating the object somewhat. Keep a note of those words that nearly made the cut though, because our copywriter will develop a statement to elaborate on each key word and they often can be used within that. Your firm can use your chosen trio of words and the accompanying statements to stay focused on how you want to represent your brand to the outside world.

The power of authenticity Beware the pitfalls - this is not just an exercise in word play. Some businesses make the mistake of establishing their culture purely by concentrating on what they think customers want them to be – not who they are…

“Business leaders have to learn that identifying a culture is not about plucking a few words out of a thesaurus just because they sound right,” says Brevity’s Director and CIM Fellow Kaia Vincent.

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“Culture has to be collectively defined by the entire workforce. Employees will only truly understand what it means to work for your firm and embody the culture if they have been a part of its evolution. Have an open and honest discussion about who you truly are and what you stand for – only then will your values genuinely chime throughout your business in a way that benefits growth.

“Most businesses now operate in highly competitive environments, so by correctly defining your culture, you will naturally differentiate yourself from the crowd and this becomes a much more powerful proposition.”

The benefits don’t end there Identify and express your values and you’ll see clients with shared beliefs select your firm over your competitors because your culture resonates with their own ethos – but there are advantages far beyond an increased caseload.

A strong company culture will also attract, motivate, focus and retain great staff who will be the face of your brand and provide a consistently outstanding experience for all those clients. Brevity has worked with numerous businesses who have incorporated their values into their recruitment and performance management process, acting like a filter to find and keep talent with a compatible personality as well sought-after skills. It can also act as a shield to encourage those who may not be a good fit to seek employment elsewhere.

What results from this internal equilibrium is business stability, employee loyalty and subsequently a consistent customer experience that’s beneficial to your overall business.

Second nature Defining your company culture and the associated values and behaviours might feel rather new at first, or perhaps slightly awkward if you’re not used to working in this way. However, if it’s a joint effort and true to who you are, it will start to flow like second nature and it’s well worth the effort when you add up all the benefits: • a stronger identity for your firm, uniquely positioning you in the marketplace • values that resonate with your key audience and attract repeat business and word of mouth recommendations • more compatible team members with unified direction and a shared sense of purpose • an improved and more strategic decision-making process, consistently cross-checked against your values • less time recruiting and re-recruiting the wrong people Establishing your core values will have a positive impact on your business from the inside out. Take time to choose the words you can live and breathe as a team; acting like a compass for everything you do.

Do you want to learn more about how to shape your firm’s culture, create a better client experience and see your business thrive?

Brevity Marketing is here to help for a one-off project or as a monthly marketing resource. Call us on 01256 536000 or email kaia@brevity.marketing

www.thameswater-propertysearches.co.uk/HL

The knowledge you need, the service you value.

For over 20 years, Geodesys has been perfecting its comprehensive suite of conveyancing search solutions to clients throughout the UK. Today our bespoke service – including impartial advice, EU-compliant due diligence, secure file management and dedicated support – provides total peace of mind and total compliance every time.

Geodesys. All you need to know.

Call 0800 085 8050 Email customer.services@geodesys.com

www.geodesys.com

Conveyancing

Flood searches more important than ever due to climate change In these days of digitised property information, conveyancers have a wide choice of search reports at their fingertips when considering how to best identify risk for their client’s chosen property.

W

hat is surprising, however, is that only about 29% of orders placed with Geodesys include a full flood assessment, meaning a large proportion of homebuyers are unaware of potential flood risk.

With a growing population, increased demand for housing, ageing infrastructure and severe impacts on climate change, flooding is a significant problem which will inevitably threaten more communities across the UK. Ranging in impact from minor inconvenience to major disruption, every year millions of UK homes, businesses and people are affected by floods.

According to the latest information from the Environment Agency, the UK currently has 5.9 million properties at risk of flooding, equating to one in six homes being at risk – an increase of 400,000 properties since 2013. Put into monetary figures, the statistics are even more startling with the effects of flooding and managing flood risk costing the UK approximately £2.2bn a year.

Conveyancers have a vital role in informing their clients about the possibility of flooding to ensure they understand the potential risks and are armed with the right information to take steps to mitigate them ahead of the transaction. Home buyers need to be aware that flooding can happen anywhere, even if a property is not next to the sea or a river. There are many different types which property purchasers should be made aware of, including surface water flooding, river flooding, drain and sewer flooding, coastal flooding and

flash floods. All have potential to wreak havoc on a homebuyer’s property and life.

In recent years, floods have made the headlines on several occasions. Statistics from the Met Office revealed December 2015 as the wettest month ever recorded in the UK, with almost double the average rain fall due to temperatures 4.1c higher than normal.

Amazingly, although homeowners tend to have both insurance and warning systems in place to protect themselves against fire and burglary, very few take steps to reduce the chances of their property being flooded. This is rather concerning given that the average cost to rectify flood damage stands at £28,000 compared to the average £7,200 to fix fire damage, and £1,000 on resolving damage after a burglary.

When advising clients conveyancers should look for a residential property search that provides a full assessment on the different types of flooding, plus information on insurability. For information on sewer flooding conveyancers should refer to the CON29DW Drainage and Water report, which is also an essential part of the conveyancing process.

Geodesys offers a number of flood searches and the CON29DW, providing conveyancers with sound knowledge of any flood risks to their client, enabling them to make better, informed decisions about their purchase before proceeding further.

To find out more visit: http://www.geodesys.com.

By Jonny Davey Product Manager at Geodesys

*29% quoted is based on an analysis of Geodesys orders for search reports January 2018 – December 2018

HAMPSHIRE LEGAL

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Conveyancing

“Save Time with GCS Online” For over 20 years, Guaranteed Conveyancing Solutions (GCS) has been the pioneer of ‘Instant Issue’ legal indemnity insurance for Residential and Commercial properties.

‘Instant Issue’ means exactly that: legal indemnity insurance that can be issued directly by conveyancing professionals to their clients WITHOUT the need to refer and thus, saving conveyancers time and the need to wait for responses. Cover is granted immediately without delay.

Our extensive range of policies can be issued instantly via our market leading insurance ‘Pack’ and / or our quick and simple to use ‘GCS Online’ system. All policy covers are comprehensively worded and with competitive premiums reflecting full and not limited coverage.

GCS Online gives you the ability to obtain quotes in seconds without the need to register. However, once completing our easy registration process, legal indemnity insurance policies can be issued by conveyancers in a matter of minutes.

Users of GCS Online have 24/7 access to their personal account whereby they can browse and issue policies and / or save quotes for later use. All policy documentation, including IPIDs, key facts and confirmation of orders are electronically sent straightaway.

Whether you decide to use our ‘Pack’ or ‘GCS Online’ system, you can be assured that all GCS policies are comprehensively worded and supported by highly experienced and friendly underwriters who are keen to help all conveyancers to help their clients.

To find out more about GCS Online and to set up your FREE, no-obligation account, please visit www.gcsonline.gcs-title.co.uk.

Alternatively, visit https://gcs-title.co.uk/orderpack to order your own personal GCS Insurance Pack. ■

gcs-title.co.uk/HM 01435 868050 underwriters@gcs-title.co.uk

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Whether your clients’ need co c ver for Residential or Commercial property, our Online se ervice Obtain quotes in seco onds and issue policies in minutes

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Register online n for your FREE account to start issuing today.

Visit gcs-title.co.uk/HM M today to register fo or your FREE account 26

HAMPSHIRE LEGAL

Conveyancing

How Millennials are reshaping the conveyancing sector There’s a wave of change happening within the conveyancing sector at present.

From regulatory changes and technological advancements to a new generation of home movers and conveyancers, things are looking a little different in the industry.

I

recently read an article from Valerie Holmes reflecting on the conveyancing sector. One point she made really resonated, and that was the industry heading toward a skills shortage, specifically a shortage of conveyancers. We are on the cusp of a major shift for the industry attributed primarily to a new age workforce, and the habits of the clients they are servicing, but firms need to employ the right tools to appeal to a new generation of conveyancer.

By 2020, millennials will form 50% of the global workforce, and these numbers are also reflected by the modern home mover. The Financial Times reported first-time buyers made up 51% of the market in 2018, and the average first-time buyer is now 31. This very generation, synonymous with taking technology and rapid advancement in their stride, will be influential in evolving both the consumer and business sides. So, how do firms address this new era?

It begins with what millennials expect in employment. Despite the ideals Silicon Valley start-ups have made us believe, they aren’t only looking for free breakfast, slides in the office and yoga retreats. As digital natives, millennials are early adopters of new technologies and implement these daily to make menial tasks more efficient. Whether that’s booking appointments with their doctor via an app or preparing for the day by asking their voice assistant for the weather forecast, they’ve come to expect solutions facilitated by technology. These expectations have carried into their working lives and the focus from firms must be on providing products and solutions that meet these expectations, both for their millennial employees and customers.

to better communicate and build relationships with their customers.

There will always be a place for human-to-human service, it’s just about harnessing technology to better facilitate more time to achieve it. Providing this generation with the right tools to generate positive user and customer experiences will ensure the skill of conveyancing is not a lost art and overall align the home moving process with the digital age. ■

Adam Bullion General Manager of Marketing, InfoTrack

Go somewhere new with your marketing and achie ev ve more

Particularly in a procedure heavy industry like conveyancing, great technology can mitigate many of the frustrations that arise from inefficient processes and can make the industry more attractive to a new generation of conveyancers, while retaining them for years to come. A recent report from the SRA has recognised that artificial intelligence will not replace staff in firms, but instead free up solicitors’ time to focus on the more enjoyable aspects of their role; guiding people through the biggest, and often most stressful, purchase of their lives.

The enjoyment of using said technologies doesn’t end with the solicitor, the benefits can also be experienced by the end user; the home mover. Providing access to complete compulsory home-moving forms via an online portal will exponentially improve the client experience. When everything else they do is accessible online, they don’t want to wait to action elements of their home moving process by post. And that is just one example, there are many areas of conveyancing that can be improved by the introduction of technology, I am sure you can think of a few immediately.

Millennials are already the majority of first-time buyers, and soon they will be the majority of our workforce and the next generation will be even more digitally lead. They will utilise technology to their advantage

Explor p e your marketing options during a free meeting with Brevity’s Founder and CIM Fellow, Kaia Vincent

Mark keting for Hampshire Solicitors

01256 536 000 www.brevity.marketing HAMPSHIRE LEGAL

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Software

Solving the back office puzzle True professional ‘cradle to grave’ solutions are difficult to find. It’s rare that suppliers to the legal sector offer everything needed in a modern-day law firm’s back office – that’s software to manage accounts, matters and documents, and outsourced services to take over core administration functions.

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t Quill, however, that’s exactly what we do – provide a single platform that combines the applications and outsourced support required to operate a high-performing legal business.

You only have to look at our website’s home page to meet the entire series of software and services available from Quill. Users can pick and choose from: Interactive – case management, legal accounts and document management software with in-built risk management functionality; Pinpoint – outsourced legal cashiering service using Interactive; Payroll – outsourced payroll and pension management service; Type – outsourced typing service delivered in association with Document Direct; Precision – outsourced legal cashiering service on any software; and Bookkeeping – outsourced bookkeeping service for all sectors.

But before diving into more detail about our software and services, we’d like you to join us on a mini history tour of Quill in order to show you how this full service provision has come about. You see, we actually first started out in business way back in 1978 – over 40 years ago. Right from these early days, our systems were being designed to help practices avoid unnecessary repetitive paperwork tasks for which the law is renowned.

In the intervening 40-plus years, the legal industry remains our absolute focus, our technology has developed to the current complete cloud-based practice management system it is today, and our offerings have been extended to also include outsourced cashiering, payroll and typing services. 1978 to 2019 has been a truly remarkable journey.

To quote some statistics from the present day: our Interactive software has earned over 7,000 current users; our Pinpoint division posts over 2 million transactions every year; our Payroll team processes over 100,000 payslips annually and last year transferred over £54 million in salaries as an accredited BACS bureau; every other department just keeps growing.

Going back to why Quill’s so unique, our lengthy heritage, privately owned status and one-stop-shop portfolio really set us apart from our competitors. Few of our contemporaries can boast a comparable expansive background. Fewer still can make claims about independent ownership. And even fewer can proffer a total back office product range.

Moving on to our clients, many of our users have been with us from the very beginning. Their continued loyalty speaks volumes about the close relationships we’ve formed together over a period of four decades and the quality of our various solutions which they use on a day-to-day basis.

Browse through our multiplying number of case studies online and you’ll see how our clients wax lyrical about our personable, longserving employees who are ambassadors for Quill; ethical stance

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HAMPSHIRE LEGAL

evidenced by multiple accreditations and charitable giving; technologically advanced software that’s won awards; and catalogue of outsourced services which allow them to concentrate on their business-critical responsibilities without distraction.

Clients repeatedly tell us that, simply by choosing Quill as their principal business partner, they’re able to become “digital by default”, “compliant to the letter of the CLC Accounts Code”, “free to do what I do”, “a successful, profit-making firm”, “focused on matter management and business development”, “revolutionised”, “100% assured of regulatory compliance”, “more economical and productive [with] use of resources – both human and material”, “able to work flexibly when out of the office”, “committed to the cloud concept” (note: their words, not ours!) and much more besides.

Nick Timmings, Partner at Petersfields LLP, perfectly sums up what clients think about Quill: “By relying on Quill for all our main software and service needs, we have one monthly payment, one point of contact and one primary store of our electronic files. It’s so convenient and so much easier to run our business in this totally integrated way”.

Allan Hunt, Senior Partner at MPP Solicitors, expresses similar sentiments: “[With] Quill we have trusted relationships. [We use] Payroll as a bolt on to Quill’s Pinpoint service and Interactive software which we already subscribe to. With Quill firmly behind us, our back office operates smoothly and integrates seamlessly.”

By utilising our extensive time-saving, efficiency-enhancing, costreducing, security-boosting, compliance-assured products, an evergrowing list of benefits are achieved. Through heavy investment in R&D, we ensure this is the case. Our ongoing software and service development is a future-proofing promise that, whatever changes and challenges are faced by the legal profession, Quill’s got every client’s back.

We know that not all firms are the same. Each has differing demands which are best overcome with a differing mixture of software and services. It’s our role to ascertain what this is, thereby providing the proper tools to take control of processes and optimise performance, both now and into the future. We find nothing more satisfying than empowering law firms to do just that.

To discover more about Quill, please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910.■

By Julian Bryan Managing Director, Quill

Finance

What might 2019 have in store for the SIPP market?

The government is focused on delivering Brexit and has little time to consider significant legislative changes in the short term. However, if the economy takes a turn for the worse, the Chancellor may feel the need to follow his predecessors and return to pensions for another slice of the pie.

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f that happens, we might see, further cuts to the Annual Allowance and Lifetime Allowance. In the longer term, we might also see the introduction of a system of flat-rate tax relief, although this is far harder to achieve than many of its supporters readily admit.

Our wish list of changes would include: 1. The removal of the tapering of the Annual Allowance; it significantly impacts on the amount high earners can save for retirement and introduces massive complexity 2. An end to the Lifetime Allowance; it’s horribly complex and the range of protections (also equally impenetrable to the average investor) mean the amount of tax raised is limited anyway; in 2016/17 the Lifetime Allowance raised just £102 million (Source: HMRC / FT Adviser) small change compared to the £41 billion spent on pension tax-relief (Source: HMRC / FT Adviser).

One thing firmly on the agenda in 2019 though is Automatic Enrolment.

April will see contributions from both employers and employees rise a final time (for now at least). Furthermore, many businesses are approaching the third anniversary of their staging date. This means people who previously opted out of the scheme are automatically re-enrolled.

For many, this will be a timely nudge to reconsider their retirement provision.

For others, who have reduced Annual Allowances or protection from the Lifetime Allowance preventing them from accruing future pension benefits, being re-enrolled and failing to opt out (something easily overlooked) could have significant unintended consequences.

If needed, it’s another example of where professional advice will add significant value and prevent clients from making potentially costly mistakes.

Something you may not know about SIPP’s Almost all financial advisers know that a SIPP can buy an office block, a factory or industrial unit and also have a good knowledge of the types of property that a SIPP can’t buy.

However, there’s a grey area. One where some advisers are unsure of the rules. What are we referring to? - Land.

S4 discussed this matter with Jonathan Lochery at I.P.M. SIPP Administration and they scoured there book of properties to find seven examples of unusual land that can be bought in a SIPP. 1. Fishing lakes: The adviser’s client works in the fisheries industry. His SIPP purchased land with a lake. It then signed a lease (with rent set at a market rate) with the client’s company for use of the land.

2. Woodland: We administer SIPPs that own woodland, which is subsequently used for diverse activities such as paintballing and growing Christmas trees.

3. Farmland: The most common type of land we purchase, either on the open market or from the farmers themselves, releasing money from their pension scheme while allowing them to retain control of the land.

4. Equestrian use / stables: We work with several jockeys who own stables and fields in their SIPP, which are then leased back to their equestrian business.

5. Polo club: Continuing the equine theme, we recently purchased a polo club.

6. Golf club: We also have a client whose SIPP owns a golf course and clubhouse, which is leased back to his business, again for a market rate rent.

7. Sports facilities: In the past, we have worked with a client whose SIPP included a small stadium and other open spaces.

Most investors won’t want to buy a fishing lake, stables or a golf course in their SIPP. However, those who do might not think using their SIPP is an option but they could.

It’s also worth remembering that a SIPP can purchase land jointly, perhaps with the client themselves, their company or another pension. As you may know, a

SIPP can also borrow money to help fund the purchase;

Rules for purchasing land in a SIPP In the meantime, here are four things to remember when purchasing land in a SIPP: 1. The land must be income producing: The SIPP must be able to generate a rental yield from the land and a formal lease needs to be in place.

Furthermore, the rent must be set at a market value rate, even if the tenant is connected to the SIPP member.

2. It must have access to a public highway: Often overlooked, especially when it comes to farmland, this rule helps preserve the land’s resale value on the open market and avoids a SIPP acquiring a landlocked asset.

3. No residential usage: Unsurprisingly, land purchased in a SIPP can’t have any element of residential usage. So, land close to a member’s main residence must have an independent commercial value that will benefit the SIPP. It is important to note that we would not agree to the purchase of land, for example, at the side of the SIPP member’s house, to personally use as a paddock as genuine commercial use (even if a market rent is set).

4. Beware potential contamination: Land near any kind of industrial sites, such as a coal mine, refinery, fuel storage etc, should be considered at risk of contamination. While it is unusual for a purchase not to proceed, environmental tests may be required to satisfy HMRC requirements before the purchase can be completed. Naturally, this increases costs and could delay the purchase.

SIPP rules mean there will always be types of property which can’t be bought in a SIPP. An Advisers job is to ensure that investor’s needs are met within HMRC’s rules.

As always take professional advice to see what your options could be, decisions taken are then taken from an informed position.

Steven Vallery S4 Financial Limited – steven.vallery@s4financial.co.uk and Jonathan Lochery I.P.M. SIPP Administration Limited – jonathan.lochery@ipm-pensions.co.uk

HAMPSHIRE LEGAL

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Brighter Porta B al. Communication s solutions from m the trusted d technology e experts behin nd Brighter Law L .

Cyber Security is a top prio C ority for law firms, protecting ing your client and th he reputation of your business ness is vital.

Our latest service providess a secure environment for the exchange of sensitive O ve cllient information whilst streamlining reamlining your processess and helping to avoid de elays in n the transaction.

Lo ooking for a safe alternative ve to post and email?

Yo ou’re in safe hands with o h Brighter Portal.

For a free, no obligation demo email info@brighterlaw.co.uk

poweredbypie, Brighter Law, PSG and HIUK are trading names of Prop perty Information Exchange Ltd and its subsidiariess. Registered address 1 London Street, Reading g, Berkshire, B RG1 4PN. Property Informatio I mation Exchange Ltd, is an appointed represe entative of PSG Financial Services Ltd, which is authorised and regulated by the Financial Con Conduct Authority.

Cyber Security

Developments in Digital Conveyancing Many forwardthinking legal firms are looking to expedite the conveyancing process by removing ‘print and post’ from the workflow as far as possible.

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conveyancing, the relevant UK statute, the Electronic Communications Act 2000, does not expressly allow electronic signatures. Neither does the law of Cyber security remains one of the most England and Wales comprehensively serious threats facing the legal community confirm anywhere the validity of electronic and is a constant reminder for all firms to execution in the context of deeds. take a more secure approach to the However, Land Registry’s new e-mortgage protection of sensitive client data. system relies on the use of “Qualified” According to the SRA Risk Outlook electronic signatures using their Gov verify 2018/19, in the first quarter of 2018 over solution. Essentially the system provides 70% of all cybersecurity reports were the “Trust” element and is in effect the directly attributed to email modification witness in that it certifies the identity of the fraud, a sophisticated method of person signing. Docu-sign is also a interception designed to capture client Qualified certificate solution. bank details and personal information.

Poweredbypie has recently launched

he introduction of new technology has the potential to facilitate online communication, however, what do conveyancers need to consider?

The use of electronic signatures is also an area of debate. Electronic signatures are binding so long as they can be authenticated. One way to ensure the authentication process is to use an electronic signature company such as DocuSign, since courts have already ruled a signature using DocuSign is presumptively valid. However, on a practical level there are a number of issues that are preventing widespread take up.

Brighter Portal which is a new solution for solicitors which provides secure two-factor authentication to share legal documents.

With Brighter Portal, the law firm creates the 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 environment for client data, it also streamlines the conveyancing process and helps avoid delays to the Contracts for the sale of property and land transaction. must be in writing, contain all agreed terms For further information please contact: and be signed by all parties; and transfers, info@poweredbypie.co.uk. ■ charges and some leases must be made by deed (which involves signing,

By Carole Marsden, witnessing and attesting).

While EU legislation (The electronic Group Chief Commercial Officer, identification and trust services eIDAS) and poweredbypie the UK courts accept electronic signatures as valid; and while HM Land Registry is, as a matter of policy, moving towards digital HAMPSHIRE LEGAL

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Wills and Probate

A call to all Will Writer’s T Pic: L-R Matthew Brennan and Ken Brennan (My Paper Vault)

My Paper Vault has a way to enhance your offering to your clients. The following case study of Byrne Memorial Library highlights a few key issues that we can resolve on your behalf.

he Byrne Memorial Library was built in the 1950’s and had a capacity for 100 000 volumes of literature. By 2002 the capacity was at 171 000 books and the overflow was affecting the staff and the books were becoming damaged because the library was unable to store them in the correct manner. “Books were piled on top of each other, held at the circulation desk waiting for room, and stored on windowsills and in stairwells. Books were so tightly jammed in the stacks that some were damaged when pulling them off the shelf”, Mark Vagas described.

Initially the library tried using the available space better, by replacing old prints with newer reprints, but this did not resolve the issue, it just replaced one book with another. The library could not simply remove books, because they could not decide on what should stay or go and there was pressure from the student body not to destroy any of the volumes.

The library employed a new director who proposed off-site storage. The files were catalogued and barcoded to find them if needed and the volumes were packaged up for safe keeping and stored well above the standards set about by the university.

The storage came with internet access so the library could access and catalogue any file they required at any time. The cost was primarily covered by making the process of storing information on microfilm redundant.

This process of rethinking the way the library stored their files saved them money, reduced the damage to the files themselves, and improved morale in the workplace.

My Paper Vault is a way of storing your client’s Wills and related documents. Our online storage lets your clients access all their documents held in storage with us. To see the full service we offer, please visit www.mypapervault.co.uk or call our office on 01252 759846.

The case study reference is https://journals.tdl.org/llm/index.php/llm/article/viewFile/15 12/792

The MyPaperVault Team

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HAMPSHIRE LEGAL

Book Review

THE SECRET BARRISTER

Stories of the Law and How It’s Broken Author: Long Maintained Secret Macmillan/Picador ISBN: 978 1 50984 110 3 (hardback) ISBN: 978 1 50984 114 1 (paperback) www.panmacmillan.com NOW OUT IN PAPERBACK! ARE THE CRIMINAL COURTS FLAWED? SERIOUSLY? ‘THE SECRET BARRISTER’ TELLS IT LIKE IT IS… NOW OUT IN PAPERBACK An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”

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his is a book that is destined to become a classic. Everybody’s read it — just about — at least those in legal circles or claims to have read it. And if you’ll excuse the cliche, it seems to have ruffled more than a few feathers. But all the better. As a scathing expose of the most conspicuous flaws in the criminal justice system in England and Wales,’ The Secret Barrister’ can safely be described as unique. Certainly, the power of the book derives overwhelmingly from the personal experiences and insights of its author, ‘the secret barrister.’

The anecdotes in it and the homely analogies range from the hilarious to the horrific. And as any barrister can tell you, whether practising in the criminal or civil courts, the revelations it contains are authentic. Although some readers (but not many) might disagree with some of the opinions expressed, the book has undoubtedly been a publishing sensation for its publisher, Macmillan, and Picador.

The focus of the book is the criminal — rather than the civil — justice system and all those connected with it; from judges and magistrates to the court staff and the defendants themselves, not to mention the state of most of the court buildings; some growing old gracefully, others positively decrepit, but not quite crumbling into the dust just yet.

Naturally there’s been a lot of speculation about who the ‘secret barrister’ is, with some barristers suspecting - because of the sheer number and variety of cases discussed - that this secretive, publicity-shy individual is more than one person. Nonetheless, the secret of the authorship of this book is a lot less important than what’s written in it.

‘I can understand,’ says our secret author, ‘why people might only think of criminal justice in the abstract,’ never anticipating any personal involvement in it, or having any familiarity with it whatsoever, except through watching courtroom dramas on TV. Big mistake, implies the author who warns, speculatively at least, that… ‘it is certain that at one point in your life, you or someone you love will be in a criminal courtroom’, whether as a juror, witness, or victim, or possibly even worse, someone accused of something you didn’t do.

What you or anyone in any of these situations will hope for, or expect, is fairness, which according to this passionately disillusioned lawyer, is sometimes in short supply. One example is the way some magistrates tend to prefer to believe police testimony rather than that of the defendant, even when supported by several witnesses. In the words of the author,

the book’s basic aim is ‘to explore why criminal justice matters and to show how I think we are getting it so wrong.’

Offering much to contemplate and get furious about, the book will resonate equally with civil court practitioners, particularly over such annoyances as, says the author, ‘the matter of court listings (which) take little account of barristers’ availability’ — and on occasions when they do, there’s a climate of chaos, delay and adjournments ‘that often conspire to make you unavailable.’

And what about the now quite commonplace practice (or is it a necessity?) of switching cases from one court to another, with little or no notice given to the participants in a case, namely the lawyers and their bewildered clients who - on the same day - have to scramble into cars or public transport to reach the ‘correct’ court, which is usually miles away on the other side of town, or often in another town altogether.

To put these matters in some sort of perspective, it is fair to say that no human institution is perfect. But it’s not good to have too many imperfections either. What is alarming about this book is that someone felt compelled to write it in the first place; someone who felt compelled to conceal his or her identity.

But secret or not, the author is quite obviously a barrister, which does give the book its immediacy, authenticity and clout. While most people will live out their lives without coming up against the criminal justice system, the rule of law impacts on everyone and anything serious that threatens it is not a good thing.

Recall for example, that the number of prosecutions has been reduced by about half. So how much criminal activity is going unchecked to the detriment of public safety? It has also been announced that the overall budget for the Ministry of Justice, has been cut by 40%.

These are serious issues and it is encouraging that so many readers have come to view such developments with concern just by reading this book.

Good thing that ‘The Secret Barrister’ is now out in paperback from 4th April 2019. ■

by Elizabeth Taylor and

Phillip Taylor MBE

of Richmond Green Chambers HAMPSHIRE LEGAL

33

Notices

Parker Bullen Solicitors

Scott Bailey Solicitors

are seeking a

are seeking a

Litigation Solicitor or Legal Executive

Private Client Specialist

Location: Andover Our litigation team is highly regarded for its expertise and experience in all aspects of litigation law. We are currently seeking a circa 6 years PQE solicitor or legal executive to assist in the growth and development of the team. Ideally, you will have experience in all core areas of litigation law plus the desire to market the firm and develop your career. If you are ready for a new challenge and want to join a high quality and ambitious firm, then please get in touch. ■ Send your CV to

jillie.arnold@parkerbullen.com

Employment Solicitor

Location: Lymington We are looking to recruit a full time specialist to undertake varied private client work. We are a well established and highly regarded law firm located in the heart of Lymington. This is an opportunity with great career potential to join a firm with ambitious expansion plans. The right candidate will have good quality experience and will be encouraged to play an active role in promoting and developing the firm’s expanding private client department. The firm are looking for an individual who has the energy and dynamism to take on a new challenge in a stimulating environment within a firm’s culture that is friendly and informal. Whilst expectations are high, we recognise the value of our staff having a healthy work/life balance.

A competitive salary will be offered depending upon experience.

The candidate should be commercially focused and deliver excellent client service. This is a great opportunity to join a progressive firm looking to grow in size in the future. ■ Please apply with covering letter to the practice manager Bruce McGrotty - bruce@scottbailey.co.uk.

Location: Andover/Salisbury Our employment team is highly regarded for its expertise and experience in all aspects of employment law, both contentious and non-contentious. We are currently seeking a 6+ years PQE solicitor to assist in the growth and development of the team.

Ideally, you will have experience in all core areas of employment law plus the desire to market the firm and develop your career. If you are ready for a new challenge and want to join a high quality and ambitious firm, then please get in touch. ■ Send your CV to

jillie.arnold@parkerbullen.com

MISSING WILLS Mr Alan John Ray 2 Ardor, Frensham Lane, Headley GU35 8TB DOB 04/09/1943 DOD 27/03/2019

Mr Frances Pacelli Jennis 67 Clarenden Street, Landport, Portsmouth PO1 4HZ DOD

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25/08/2018

HAMPSHIRE LEGAL

Commercial Lawyer Location: Lymington We are looking to recruit a full time solicitor to undertake varied commercial work. The workload would include managing share sale and purchase agreements, shareholders agreements, partnership agreements and reviewing commercial contracts.

We are a well established and highly regarded law firm located in the heart of Lymington. This is an opportunity with great career potential to join a firm with ambitious expansion plans. The right candidate will have good quality experience and be able to lead and develop the firm’s commercial practice. The candidate will be encouraged to play an active role in promoting and developing the firm’s expanding department. We are looking for an individual who has the energy and dynamism to take on a new challenge with the skills to be able to expand the department. The candidate should be commercially focused and deliver excellent client service. Whilst expectations are high, the firm is noted for its friendly and informal culture. We recognise the value of our staff having a healthy work/life balance.

A competitive salary will be offered depending upon experience.

This is a great opportunity for a candidate looking for a major career step to join a progressive firm looking to grow in size and practice areas in the future. ■ Please apply with covering letter to the practice manager Bruce McGrotty - bruce@scottbailey.co.uk.

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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