Hampshire Legal April 2015

HAMPSHIRE LEGAL SPRING 2015

JOURNAL OF THE HAMPSHIRE LAW SOCIETY www.hampshirelawsociety.co.uk

› Annual Dinner and Awards Ceremony (cover story) › Happenings in Hampshire › Document Security

Inside this issue:

View our new website: www.thameswater-propertysearches.co.uk/HL

PUBLISHER Ian Fletcher Benham Publishing 3tc House, 16 Crosby Road North, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Fax: 0151 236 0440 admin@benhampublishing.com email: web: www.benhampublishing.com

CONTENTS 16

ADVERTISING AND FEATURES EDITOR Anna Woodhams GRAPHIC DESIGNER Neil Lloyd ACCOUNTS Joanne Casey

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MEDIA NO. 1406 PUBLISHED April 2015

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© The Hampshire Incorporated Law Society Benham Publishing LEGAL NOTICE © Benham Publishing.

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

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

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

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between 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.

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

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COVER INFORMATION The cover image from: © WIKIMEDIA COMMONS

COPY DEADLINES Summer Autumn Winter Spring

1st July 2015 7th October 2015 6th January 2016 3rd April 2016

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

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Email: bdo@hampshirelawsociety.co.uk

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INTRODUCTION

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LEGACIES

Anyone else wishing to advertise or submit editorial for publication in Hampshire Legal please contact Anna Woodhams before copy deadline.

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CONTACTS

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MANAGEMENT

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HAPPENINGS IN HAMPSHIRE

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INFORMATION TECHNOLOGY

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

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EDUCATION & TRAINING

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PROFESSIONAL PRACTICE

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SOCIAL EVENTS

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CONVEYANCING

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NEWS

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NOTICES

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Introduction

PRESIDENT’S REVIEW SPRING 2015 Despite a General Election and supposed Purdah, the Government continue to introduce changes for the provision for legal services. You will have read in the legal press that the Court of Appeal rejected the submissions by the Law Society and other practitioner groups that the tender process for the provision of the criminal contracts was unfair, clearing the way for the Lord Chancellor’s reforms of criminal legal aid. The tender process for duty provider contracts has re-opened. The decision is described as a devastating blow and there is concern that hundreds of firms will not survive as they attempt to absorb fee cuts with a reduction in volume of work.

Also in the ‘death throes’ of this Government new criminal charges were introduced by Statutory Instrument enabling a clause of the Criminal Justice and Courts Act. Those convicted will now be ordered to pay up to £1200 in addition to fines, costs and victim surcharge. The method by which the fees have been introduced has been described as outrageous and the fees levied a threat to a fair trial for being likely to encourage innocent people to plead guilty so they receive a lesser financial charge.

Hampshire Law Society continues to represent your interests by responding to

consultation papers and using our best connections in Chancery Lane - Andrew Caplen! Andrew has worked tirelessly during his term in office to support and promote the profession. His presidential year is fast coming to an end but he will remain on the Law Society council and continue to develop and promote his key themes of Access to Justice, Promoting the Rule of Law and the importance of Diversity and Inclusiveness within the profession. If members have particular issues causing concern contact our administrator Nicola Jennings, who will be please to forward them to Andrew.

During the last six planned months, membership of HILS has grown considerably. There is an active social programme. We have recently returned from a very successful ski trip to France (see separate report). Please keep an eye out for details of events in the weekly enews letter.

Ian Robinson President

ANDREW CAPLEN NAMED AS ONE OF THE 500 MOST INFLUENTIAL PEOPLE IN BRITAIN Andrew Caplen, the President of the Law Society of England and Wales and Law Society Council Member for Hampshire and the Isle of Wight, has been named in this year’s Debretts list of the 500 most influential people in Britain, published recently in “The Sunday Times”.

Andrew Caplen was nominated in the Law section alongside the Lord Chief Justice, Lord Thomas, the Master of the Rolls, Lord Dyson and Amal Clooney (Human Rights lawyer and wife of George Clooney).

The Debretts 500 “is a positive endorsement and recognition of Britain’s 500 most influential people.” The list is compiled annually by independent specialists and, according to Debretts, “it is a truly inspiring group of people.”

“President of the Law Society Andrew Caplen was not inspired to join the legal profession due to family tradition, his parents had a fruit n’ veg stall in the local market. Instead it was a teacher who was taking the bar exams himself that

The relevant section in Debretts is as follows:-

motivated Caplen’s interest in law. Along with a quarter of his class, Caplen proceeded to study law, taking the Law Society finals before becoming an articled clerk in a regional firm. In his 12 months as President of the Law Society, Caplen has been committed to improving access to justice in the aftermath of strict cuts to legal aid.”

Andrew is a Consultant with Heppenstalls of Lymington and New Milton.

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Introduction

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:

COMMITTEE MEMBERS AND SUB COMMITTEES EDUCATION & TRAINING

PRESIDENT

LAW SOCIETY COUNCIL MEMBERS

Ian Robinson Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL DX 2205 Portsmouth Tel 023 9288 2001 Fax 023 9286 2831 Email irobinson@cbwsolicitors.co.uk

Mr Andrew Caplen (President)

VICE PRESIDENT Matthew Robbins Jasper Vincent 44 Queensway Southampton SO14 3GT DX 2205 Portsmouth Tel 023 8063 3225 Email mrobbins@jaspervincent.com

DEPUTY VICE PRESIDENT Russell Evans Resolve UK Summerlands House Botley Road Curdridge Southampton SO32 2DS Tel 01489 797073 Email russell.david@yahoo.co.uk

HONORARY SECRETARY Rod Hursthouse 10 Hudson Close Liphook Hampshire GU30 7UW Tel 01252 622122 Fax 01252 774409 Email rodhursthouse@btinternet.com

Heppenstalls 75 High Street Lymington SO41 9YY DX 34053 Lymington Tel 01590 689500 Email andrew.caplen@yahoo.co.uk Mr Razi Shah (North Hampshire) Appleby Shaw Trinity House 15a Trinity Place Windsor SL4 3AS DX 3830 Windsor Tel 01753 860606 Fax 01753 860620 Email rshah@applebyshaw.com Mr Nick Gurney-Champion (Residential conveyancing) Gurney-Champion & Co Champion House 104 Victoria Rd North Southsea PO5 1QE DX 117953 Portsmouth Central Tel 023 9282 1100 Fax 023 9282 0447 Email ngc@championlawyers.co.uk

ADMINISTRATOR

HONORARY TREASURER

Miss Nicola Jennings

Miss Rebecca Foley Churchers Bolitho Way 13-18 Kings Terrace Portsmouth PO5 3AL DX 2205 Portsmouth Tel 023 9288 2001 Fax 023 9286 2831 Email rfoley@cbwsolicitors.co.uk

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

IMMEDIATE PAST PRESIDENT Simon Whipple The Carers Legal Centre 109 Burley Rd Bransgore Christchurch BH23 8AY Tel 01425 674844 Mob 07740 432159 Email carerslegalcentre@googlemail.com

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BUSINESS DEVELOPMENT OFFICER

Anthony Harris (Chair) ajharris@clara.co.uk Kristina Colmer Katharine West Alison Plenderleith Nicola Jennings

LITIGATION & DISPUTES RESOLUTION Russell Evans (Chair) russell.david@yahoo.co.uk Rebecca Foley Katharine West

MEMBERSHIP Charlotte Bromley (Chair) Cbromley@cbwsolicitors.co.uk Ian Robinson Roderick Hursthouse Alison Plenderleith Deglan Rowe

NON CONTENTIOUS Nick Gurney Champion (Chair) ngc@championlawyers.co.uk Matthew Robbins Simon Whipple Mr A Seddon (Co-opted)

REGULATORY Adrienne Edgerley Harris (Chair) Adrienneedgerleyharris@gmail.com Roderick Hursthouse Nick Eve (Co-opted)

SOCIAL Kristina Colmer kcolmer@cbwsolicitors.co.uk Sarah Hallett (Co-opted)

COMPLAINTS Matthew Robbins mrobbins@jaspervincent.com

PUBLICITY Mo Aldridge (Chair) maldridge@jaspervincent.com Katharine West Matthew Robbins Alison Plenderleith Nicola Jennings

Mrs Alison Plenderleith 47 Salisbury Rd Fordingbridge SP6 1EH Tel 07429 523183 Email bdo@hampshirelawsociety.co.uk

OTHER COMMITTEE MEMBERS David Ankcorn Sue Carter Mike Russell-Smith

News

LAW SOCIETY COUNCIL SUMMARY: March 2015 Council proceedings were somewhat overshadowed by the outcome of the appeal by the Society, the CLSA and the LCCSA against the decision not to allow judicial review of the Ministry of Justice's plans for criminal legal aid tendering, the Court of Appeal having comprehensively dismissed our appeal and that of the groups. We will be continuing to update members with developments as they arise.

Hustings for Deputy Vice President During the Council meeting, hustings were held at which the five Council member candidates for Deputy Vice President were able to present their statements to Council members and answer questions on key issues. We will be announcing the results of the voting in around a month's time.

The Law Society strategy Council members had the opportunity to do some early thinking to inform the development of the Law Society's strategy and to hear about plans for further work and consultation. Council approved the terms of reference for the working group that will oversee the development of the strategy, and the six key work streams which are: • Defining members' interests across the profession • The future of legal services • The solicitor brand • Education and professional standards • The regulatory position • External relationships and influencing.

There will be a comprehensive programme of engagement with the profession at large over the course of the coming months, including informal meetings and discussions throughout England and Wales, engagement with local law societies, and the use of the Gazette, the website, and a range of social media. All of this input, alongside a programme of research, benchmarking, and horizon scanning, will inform the development of options for Council to consider before final sign-off in October.

Presidential update Andrew Caplen updated Council on his recent activities as President following the last Council meeting, under the three key themes of his presidential plan:

• Access to Justice - he met the recently appointed Shadow Attorney General, Lord Bach, to discuss Labour plans for legal aid if elected, as well as the current Attorney General with whom he discussed the Law Society's Manifesto for Justice, court fees, and the impact of possible changes to consumer credit regulation • Rule of Law - including continually promoting the importance of access to justice and the principle that without access to justice there can be no rule of law. Planning continues for commemorating the 800th anniversary of Magna Carta in June.

• Diversity and Inclusion - including speaking at the Leaders in Law lecture at Birmingham University regarding the importance of diversity and inclusion within the legal profession, and opening a seminar to mark International Women's Day that discussed key issues regarding the progress of women in the legal profession.

Representing, promoting and serving the profession Significant work reported to Council included: • The issue of a pre-action protocol letter to the MoJ, by a coalition of eight legal representative bodies including the Law Society, challenging the increase in court fees • The initiation of a Business and Human Rights project to provide members with guidance to deal with this important emerging area of law, including the production of a practice note and practical toolkits to assist members • The Society's participation in the recent Global Law Summit and the use that had been made of that opportunity to highlight concerns over the rule of law and access to justice

• Our campaign to retain the Human Rights Act as the best way to protect human rights and the rule of law, and our use of our new UN special consultative status for the first time to raise concerns over human rights violations against lawyers in Turkey • Our responses to several consultations on regulatory issues, in which we highlighted the consequences of unnecessary regulation costs for firms and the need for closer monitoring of the performance of the front-line regulators • A number of activities promoting diversity in the legal profession, including hosting the Stonewall Lecture in February, and our Diversity Access Scheme which now offers two training contracts • Developments in relation to Veyo, including the fact that the joint venture company responsible for its development had now announced its pricing strategy: £20 per transaction, and £50 for an annual user licence.

Significant numbers of expressions of interest and some firm orders had been received, with a 'soft launch' now expected in the late Spring.

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Happenings in Hampshire

Lamb Brooks are delighted to be part of the Dementia Friendly Communities programme run by the Alzheimer’s Society.

The purpose of the programme is to improve the inclusion and quality of life for people with dementia. To ensure that the firm provides a service suitable for clients with dementia, an assessment was undertaken to check whether the firm upheld the seven founding principles of: 1. developing and maintaining a sustainable dementia-friendly community, 2. taking responsibility for meeting the commitments of being dementia-friendly, 3. preparing and adhering to a plan to support people with dementia, 4. develop a strong voice for people with dementia, 5. raise the profile of the work done to increase reach and awareness, 6. improve in identified key areas, 7. review the procedure once every 6 months to ensure the aims are being met.

The process to become accredited was detailed and time-consuming, and the firm is delighted to now be a recognised member of the Hampshire Dementia Action Alliance.

Amanda Hayman, Partner and head of the private client team at Lamb Brooks said “becoming a member of the Alliance is of great importance to us. We have taken steps to train key members of the firm so that when a client with dementia visits our offices they are greeted by friendly members of staff who recognise, understand and are respectful of their specific needs. As specialists in the private client field, we will be regularly reviewing our procedures and adapting the office environment to ensure that we meet the different and changing needs of clients and look forward to embracing this opportunity to continue our development of a dementia friendly firm.”

Law firm Paris Smith has appointed Peter Taylor, LLP Partner as its new Managing Partner.

Peter succeeds outgoing Managing Partner Andrew Heathcock when he retired on 31 December 2014.

During Andrew Heathcock's tenure as Managing Partner the firm has consolidated its position as one of the leading firms in Southampton and the wider Southern region, and has continued to expand its offering across all areas of the practice including intellectual property, commercial and regulatory.

Senior Partner Nick Vaughan said:

NEW MANAGING PARTNER AT PARIS SMITH LLPS Pictured: Peter Taylor, Managing Partner, Paris Smith LLP

“Andrew steered the firm through the rough waters of the economic recession superbly and leaves the firm in a strong position for the future. He has made a significant contribution to the firm’s success since his appointment and as an ambassador for the firm he will be a difficult act to follow.

“We are immensely fortunate that in Peter we have someone who brings considerable experience, understanding and insight into the strengths and challenges facing the business. It is testament to his standing in the firm that he was elected to the position

Amanda Hayman, Lamb Brooks

by the partners. As a member of the firm’s senior management team Peter has already played a key role in the firm’s success so his appointment will mark a seamless transition as he steps into the role of Managing Partner.

Andrew Heathcock commented: “It has been a privilege and an honour to be the firm’s managing partner for the last 6 years and contribute towards the transformation of the firm in that time. It has been a pleasure to work alongside Nick and the senior management team on some of the most ambitious and successful projects this firm has been involved with.”

Peter Taylor added: “I am looking forward to the challenge that lies ahead and the opportunity to build on the strong platform for growth established by the firm as we enter an exciting and significant period for the business. The calibre of our people and commitment to the highest levels of client service that underpins everything we do has been the key to our success to date and I shall work hard to ensure we both maintain and build on those special qualities.”

SOUTHAMPTON SOLICITOR ACCREDITED BY RESOLUTION AS SPECIALIST FAMILY LAWYER Katy Barber, a solicitor from the Southampton office of leading Hampshire law firm Moore Blatch, has been accredited as a specialist family lawyer by Resolution, the organisation made up of lawyers and professionals dedicated to the practice of family law.

Katy has been recognised for her expertise in family law, particularly in the areas of advanced financial provision on divorce and private children law, which covers disputes between parents and relatives.

Resolution is the specialist organisation of family lawyers and professionals committed to the constructive resolution of family disputes. Organisation members adhere to a Code of Practice, which sets out the principles of a non-confrontational approach to family law matters, encouraging sensitive, cost-effective solutions that consider the needs of the whole family - and in particular the best interests of the children.

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Qualification for Resolution requires a thorough general knowledge of family law including divorce, domestic abuse, child law, family finances and the range of dispute resolution solutions, as well as detailed, experience and expertise in two specialist areas of family law. In order to meet the high level of standard requirements required by Resolution, Katy had to successfully complete a core assignment paper and specialist portfolio papers.

Debra Emery, Partner and Head of Family, Moore Blatch commented: “A trusted lawyer can play a significant role in helping to sort out issues involving the care of the children, the home and a family’s finances. At Moore Blatch, we already have a strong team with expert knowledge in the field of family, and Katy’s accreditation reflects the dedication and hard work that every single member of that team has. We are delighted with Katy’s achievement.”

Katy is also a qualified Collaborative Practitioner, accredited by the Law Society Family Law Accreditation Scheme.

Katy Barber, Moore Blatch

Happenings in Hampshire

ERIC ROBINSON SOLICITORS WELCOMES ‘ERIC’ Hampshire Law firm, Eric Robinson Solicitors has announced the firm’s latest recruit - a wide-eyed, bright blue owl.

Have you met Eric the Owl? If not, then you certainly will as this character is set to become the hardest working bird across the south coast. Originally introduced to the public as part of Eric Robinson Solicitors’ 50th anniversary celebrations last year, Eric proved such a hit with the public, he has now become a full time employee.

‘It all started in 2013 when we were looking for something fun and cute to send to clients and give out at events,’ explains Catherine. ‘We saw some hand-sized, owl-shaped foam models that we could have in gold for our Golden Anniversary and, since the owl has always been a sign of wisdom and knowledge, we thought it was a good fit for a law firm. We had absolutely no idea of the public reaction that would follow.’

‘We had people asking us how much they were, parents wanting them for their children and babies giggling with excitement when handed them. We were initially surprised, but absolutely delighted as it this ‘ice-breaker’ led to an astonishing amount of worthwhile conversation.’

Photo: ERIC AT BUSINESS WORKS. Eric the Owl making his debut at ‘Business Works’ in February.

Over the summer, the firm ran a competition where people were asked to take Eric on holiday and take pictures at various locations. The firm received pictures of

Eric on beaches across Europe and America, in front of historic monuments in cities including Rome and Vancouver and enjoying afternoon tea in Somerset. The winner sent in a picture of Eric with a train driver of the oldest train in Norway.

‘Eric gained incredible momentum over the year, so now he has evolved into a full time ambassador for the firm,’ says Catherine. ‘He has his own website www.erictheowl.co.uk where people can download Eric’s Top Tips on a whole range of legal issues.’

Eric made his first appearance the Daily Echo’s Business Works exhibition (pictured) but will be making appearances at events across the region throughout 2015.

‘Of course, we want Eric to be a source of fun, but in all seriousness, he is proving a great business asset to the firm. For our private clients, especially, it is about providing character, approachability and trying to aid people’s understanding of what we offer in a fresh, original and recognisable way.’

‘Having said that, many of our corporate clients talk about and say how much they enjoy Eric. No matter what service you are using, whether you are at work or home, everyone enjoys a smile.’

WARNER GOODMAN SUCCESS WITH PORTSMOUTH DOWN SYNDROME ASSOCIATION National Down Syndrome Awareness Week recently took place between 16th - 22nd March and in order to raise awareness, Hampshire based law firm Warner Goodman LLP joined forces with Portsmouth Down Syndrome Association for the second year running with an ambitious Facebook campaign.

“Last year we sponsored Portsmouth DSA £1 for every new ‘like’ their Facebook page received during the week,” explains Claire Battye, Partner at Warner Goodman LLP. “In 2014 we saw over 1,000 new likes and this year naturally we wanted to beat that. We agreed to donate £2,000 to Portsmouth DSA if they reached over 2,000 new likes. We were all monitoring the progress during the week and were thrilled one day in particular when the page received almost 1,000 new likes. Following that fantastic start, the charity’s Facebook page ended the week with a staggering 3,843 new likes.”

Rachael Ross, Chair and Director of Fundraising for Portsmouth DSA, commented “A huge thank you to Warner Goodman for sponsoring our awareness celebrations once again. Not only did we completely smash our target of 2,000 likes by notching up an incredible 3,843 new likes, but with the support of the Warner Goodman team, we were successful in

Pictured: Parents and children from Portsmouth Down Syndrome Association with members of staff from Warner Goodman LLP.

spreading awareness far and wide. We were both featured on radio stations, in the News and even on the big screens at a match at Portsmouth Football Club, and the campaign itself was supported by big organisations, and local councillors and politicians.

“We were overwhelmed by the support from the community for the challenge, and we’d like to thank the wonderful staff at Warner Goodman both for their support for the Facebook campaign, and also for organising a dress down day at work raising a further £337.66. Portsmouth DSA is managed completely by volunteers, so every penny of these funds and the very generous £2,000 in sponsorship donated by Warner Goodman will be used to provide specialist services for our children which they wouldn’t otherwise receive.”

Claire concludes, “Not only are we delighted that the campaign was once again a success for Portsmouth DSA, but we’re also proud to have been a key part of the businesses and members of the public that helped achieve this wonderful result. Raising awareness is so vital to the charity’s future to enable them to continue helping children and their families in Portsmouth. Now they can reap the benefits of their hard work and reach more and more people online, spreading their message far and wide.”

You can find the Portsmouth Down Syndrome Association Facebook page by searching for them on Facebook, or you can visit their website here www.portsmouthdsa.org

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Happenings in Hampshire

GLANVILLES PROMOTES TWO TO PARTNERS Glanvilles LLP is pleased to announce the promotion of two of its solicitors to Partners. They are Marie Russell from Glanvilles’ Newport office and Johnathan Arman from Fareham.

Marie completed her Training Contract with Glanvilles and qualified as a Solicitor in June 2009. She originally studied Law at Queen Mary & Westfield University in London and completed her Legal Practice Course at Guildford College of Law, achieving a Distinction. Based in Glanvilles Property Services Department, Marie deals with all aspects of buying and selling residential properties including re-mortgages and shared ownership properties. She has also dealt with the acquisition of properties under the Help to Buy scheme and carried out commercial property transactions.

On her promotion to Partner, Marie said, “I am delighted my work and skills have been recognised. As a Partner, I aim to make a positive contribution to Glanvilles’ continuing success.”

Johnathan’s areas of expertise include Commercial Litigation, Dispute Resolution and Employment Law. He read Law at Southampton University, joined Glanvilles in 2005 and, like Marie, qualified as a Solicitor in June 2009. Johnathan completed his Legal Practice Course at Guildford College of Law, also achieving a Distinction.

Working within the Dispute Resolution Department, Johnathan has considerable experience in litigation including contractual and property disputes, landlord and tenant matters, partnership disputes and professional negligence. His employment law experience involves acting on behalf of employers and employees in equal measure.

Johnathan has acts on behalf of many clients in County Court, High Court and Employment Tribunal proceedings. If matters do progress to formal litigation, he has the experience and expertise to deal with the process as effectively as possible. However, Johnathan has also used mediation extensively as a means of resolving disputes quickly and cost-effectively.

Regarding his new position as Partner, Johnathan said, “I feel that this promotion is recognition not just of my work but of my department. Like my colleagues, I will continue to look after my clients’ interests to the best of my ability.”

Hampshire Cricket Announce Renewed Partnership With Paris Smith.

Hampshire Cricket are pleased to announce the renewal of their partnership with Southampton-based law firm, Paris Smith, one of the dominant regional law firms in Central Southern England.

Over recent years Paris Smith and the Club have worked closely together on a number of projects including the Ageas Bowl’s major development programme which includes the 175-bed four-star Hilton hotel, two new covered stands as well as the new 18-hole golf course. Paris Smith have also played an important role in helping Hampshire Cricket to secure planning permission to hold concerts at the venue.

Paris Smith will continue in its role as the Official Legal Partner of Hampshire Cricket & the Ageas Bowl.

Hampshire Cricket Chief Executive, David Mann said: “We have been delighted with the service Paris Smith have provided over a long period of time and I am very happy that it’s been agreed to continue this partnership. Their help has been crucial to a number of developments at the Ageas Bowl, and they have played a big part in creating the fantastic venue we see today.”

Paris Smith's Managing Partner, Peter Taylor: “Paris Smith have enjoyed a long standing relationship with Hampshire Cricket spanning many decades. We are delighted to have helped the Club to achieve its success and,

in particular, it’s undoubted ability to host international cricket. 2015 will be an exciting year for Hampshire Cricket and the Ageas Bowl both on and off the field and we are proud to continue our relationship. "

CHURCHERS BOLITHO WAY HAVE STRENGTHENED THEIR PROBATE AND WILLS TEAM WITH NEW APPOINTMENT Hampshire based law firm Churchers Bolitho Way have recently appointed Georgia Bull to join their successful Wills and Probate team.

The retirement of a partner within the department acknowledged the need for additional support within the team.

Based mainly at the Fareham office, Georgia will be working alongside a strong team dealing with Wills, Administration of Estates and Powers of

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Attorney. Georgia has 7 years of experience as a practising solicitor which will bring a further enhanced knowledge to the team.

The Head of Wills and Probate team, Chris Matthews, who is a partner based at the Lee on the Solent office says “It’s great to welcome Georgia to the team and add to our excellent depth of knowledge in this area. The department continues to expand and thrive thanks to our outstanding reputation in the local community.”

Happenings in Hampshire

A CHIEF EXECUTIVE’S CYCLE CHALLENGE Dutton Gregory’s CEO, Michelle Tatner, has swapped the relative safety of her desk in Winchester for the saddle of her bicycle which, together with her husband, will accompany her on the London to Paris charity bike ride she has entered and which takes place in July this year.

Michelle is always looking for a challenge and, following the sad loss of her father who suffered from Alzheimers, she was looking for a way of stretching herself mentally and physically whilst raising funds for the Alzheimer’s Society.

The London to Paris bike ride will see Michelle in the saddle for up to 8 hours each day over a 4 day period. Luckily Dutton Gregory has close links with local cycling club VC Venta and Michelle has received training hints and tips and has been out with the team on training runs.

Michelle stated “Since signing up for the challenge in January my spare time has been a blur of gym visits, personal training sessions and miles of experience on the road with my bike. I’m delighted to be able to give something back to the Alzheimer’ Society and I am

so grateful for all the support I have received from VC Venta Cycling Club and the people who have sponsored me already.”

If you would like to find out more about the challenge or support Michelle with sponsorship, please visit http://uk.virginmoneygiving.com/MichelleTatner

DUTTON GREGORY CHAIRMAN JOINS HAMPSHIRE CHAMBER OF COMMERCE BOARD Andrew Tilley, Dutton Gregory’s Chairman is delighted to have been appointed to the Hampshire Chamber of Commerce Board of Directors.

Dutton Gregory has been a major player in Hampshire for many years and Andrew’s appointment to the Board will enable the firm to use its business acumen to help and support others in the community.

As a Board Member, Andrew is tasked with providing strategic direction and leadership to the Chamber which in turn ensures that Chamber programmes and services are well tailored to the needs of the local business community.

Andrew commented “I’m delighted to be part of Hampshire Chamber of Commerce at such an exciting time of re-development and regeneration in the local area. I am looking forward to sharing experiences and expertise with the other Directors on the Board and using our joint efforts to maximise the potential for Hampshire moving forward.”

• • • • •

The Chamber offer to its members includes: Training and development International trade services PR & Marketing opportunities Networking events Lobbying and representation at central and local Government

Footner and Ewing, which was formed in 2010 by the merger of two long-established southern Hampshire firms, Footners and Ewing Hickman and Clark, has offices in Romsey, Southampton, and Totton.

The firm prides itself on its ethos of providing a supportive but hard working environment enabling it to provide high levels of client service.

FOOTNER AND EWING APPOINT 3 NEW PARTNERS Pictured: Deborah Jackson, Kaye Lickfold and Joanne Smith.

SOLICITORS' FIRM FOOTNER AND EWING HAS APPOINTED THREE NEW PARTNERS, WHILE ALSO RECRUITING THREE MORE SOLICITORS TO ITS TEAM.

The three new partners are Kaye Lickfold, Joanne Smith and Deborah Jackson. Kaye is a duty solicitor and member of the Law Society Children Panel, Joanne is joint Head of the Private Client department and a member of Solicitors for the Elderly, and Deborah is Head of Residential Conveyancing.

In addition to the new partners, who have all been promoted from within the firm, three solicitors have been recruited, Nathan Metcalfe and Ayesha Brown join the Private Client department in Southampton and Romsey respectively, and Andrew Barker has joined Romsey office as a commercial and residential conveyancer.

Senior Partner Anthony Howorth predicts exciting times ahead for the firm.

"Debbie, Kaye and Jo bring a wealth of individual experience to the partnership which will supplement its existing qualities and assist the firm in moving forward towards a successful future," he said.

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Happenings in Hampshire

CORPORATE LAW FIRM COMES OF AGE

Queen Elizabeth ll greets Amarjit Singh at Buckingham Palace

Pictured: L-R: Graeme Quar and Robin Newbury look back over some of the legal milestones they have reached during the past 21 years.

Successful regional law firm Graeme Quar & Co reached a new milestone on March 1 celebrating 21 years in business.

The firm has built a reputation in the industry for expertise on all aspects of corporate law and, last year, officially launched its Wills, Trusts and Probate service.

The company has two offices, one in Fareham and another in Petersfield, but had more humble beginnings when Graeme declared it open for business in 1994.

LEADING LAW FIRM TRETHOWANS MAKES KEY HR HIRE

He said: “My ethos has always been to keep looking ahead, focussing on the future, rather than dwell on the past.

“But when the business you started in a converted cowshed with one PA, a typewriter and second-hand-furniture turns 21, it’s unavoidable.

Leading Solent law firm Trethowans has made a key appointment with the hiring of Deborah Witcomb as Head of HR. thrilled to be taking on this role at such Deborah, who joins from Babcock International and has 20 years experience as an HR professional, brings with her a wealth of experience specialising in leadership, development and transformation.

Based at the firm’s Salisbury office, Deborah will provide both operational and strategic direction to support the continued growth across the firm which currently employs 145 people and 25 partners.

On her appointment Deborah said: “I am

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an exciting time at Trethowans and I am really looking forward to working collaboratively with everyone and help deliver the firm’s strategic direction.”

Welcoming Deborah’s appointment managing partner Simon Rhodes commented, “We are delighted to have Deborah on board. Trethowans has ambitions growth plans and we will need the right people in place to ensure we continue to deliver great personal service and quality legal advice. Deborah will be a key player in helping us realise this and taking Trethowans forward.”

The business specialised in data cabling distribution and at its peak turned over £4.5m a year and had 16 staff.

However, Robin decided to sell the business in 2002 and set up a second company from scratch, called TECknowledge.

Again he called Graeme to complete the legal work to incorporate the firm. It now operates in Clanfield and supplies IT and audiovisual equipment to a range of sectors including education, government, corporate, and the police and fire services.

Graeme said: “It has been a privilege to watch Robin’s businesses grow as ours has, and we are proud to have retained him as a client for the past 21 years.”

Robin added: “My company now works with some of the world’s major manufacturers, but I always say the key to our success is the relationships we build with both our customers and our suppliers.

“At the time I had left a stable position as a partner in a large law firm, we were just coming out of a recession and my wife Christine and I were expecting a baby, so perhaps in retrospect it was quite a brave step to start a business.”

“Graeme has always shared that outlook and from the beginning it was clear he was keen to see my business do well as well as his own.

He marked the company’s coming of age with Robin Newbury, owner of TECknowledge, who became Graeme Quar & Co’s very first client when he himself was just starting out in business.

“It has been thanks to Graeme that in the whole of my career I have never had to deal with any serious legal liability, any legal claim, and I think that’s down to the advice I’ve had from him in the first place.

Graeme helped Robin acquire the lease on a 1,500 sq ft workshop and office unit at the Fairway Business Centre in Portsmouth. It was Robin’s first office, allowing him to move his business, called CSN, out of his home.

“It seems like yesterday I was at Furzehall Farm to meet him for the first time, and it has been nice to be back - though not at the cowshed - to help them mark their 21st birthday.”

Happenings in Hampshire

NATIONAL ACCLAIM FOR DAVID TAKES HAVANT LAWYER

ON GOLIATH AND WINS

On 9 February 2015, Gemma Robinson, Employment solicitor at Paris Smith had a successful day in the Immigration & Asylum First-tier Tribunal. In the case Gemma's client was appealing the decision to refuse him entry clearance in to the UK on a permanent basis. The Entry Clearance Officer's refusal was based on the fact that he did not believe that Gemma's client had a 'genuine and subsisting relationship' with his wife, as they had lived apart in different countries for many years.

Gemma collated substantial documentary evidence to support their genuine relationship and drafted detailed witness statements to evidence their 20 year marriage.

At the hearing, the Home Office commented that the case had been extremely well put together, and in light of this they no longer contested the appeal. The Judge therefore granted Gemma's client indefinite leave to remain in the UK. This case was a stark reminder that any application to the Home Office must be presented and evidenced in accordance with the Immigration Rules and guidance.

The skills of a Havant lawyer have been recognised by the UK’s leading family law group - Resolution. Nicola Whitley, family lawyer at law firm Swain & Co, has recently gained Resolution accredited specialist status.

Nicola Whitley, who has been qualified for six years, undertook her law degree at the University of Surrey and her Legal Practice Course at Guildford. She trained with Swain & Co and has progressed within the firm and is now a Senior Associate Solicitor.

Nicola Whitley has passed her examinations in private children law and in domestic abuse to gain her specialist status under the Resolution scheme.

Originally set up in 1999, the scheme is designed to help people who are facing family breakdown to make an informed choice when deciding which lawyer to appoint. To become a Resolution accredited specialist, lawyers have to agree to uphold the Resolution Code of Practice and to have passed a written test demonstrating a breadth of knowledge of family law issues and specialist knowledge in at least two areas of family law.

Nicola Whitley is one of a growing number of Hampshire lawyers to

achieve Resolution accreditation. She comments, “As a Resolution member, I am committed to encouraging a non-confrontational approach to resolving family disputes. That way, both the emotional and financial costs of divorce or family breakdown are minimised for those involved.

“Now, by choosing a Resolution specialist, individuals can be assured that they are being advised by someone who has a wide knowledge and experience of family law, and has the qualifications to demonstrate it.”

CLAIRE BIDS FOND FAREWELL TO VERISONA LAW After 17 years’ service, one of the founding Directors of Portsmouth legal practice, Verisona Law, is saying goodbye to the firm’s offices in Waterlooville and the team of family specialists with whom she worked.

Claire Webb began her legal career in 1998 practicing family law with Gray Purdue in Waterlooville, which in 2008 merged with Havant firm Dyer Burdett & Co. to create Verisona Law where she was made a Director of the company.

‘It was a tremendously exciting time and I learnt a great deal from being part of a merger, developing the business’ structure and working with a new management team,’ says Claire. ‘I was also continuing to build up my client base in family law which, in my opinion, is the most client-led area of the profession, requiring sensitivity, compassion and understanding on top of legal knowledge and expertise. It was a busy, exhausting and tremendously satisfying time in my career.’

If all that weren’t enough, in 2004, foreseeing the Government’s intentions to make Mediation a mandatory element for any cases of divorce, Claire became one of the first fully qualified Mediators in the South. Three years later, she joined forces with two other local solicitors to launch what started as a part-time business to offer her new skills.

Entitled ‘Mediation Now’, the business took off and in 2010, Claire decided to work for Verisona Law as a consultant for two days, and on her new enterprise for the rest of the week. Since then, Claire gave more and more of her time to her business, which now has offices in Portsmouth, Havant, Fareham, Cosham and Petersfied and employs a team of full time staff, until she made the decision this year to focus on ‘Mediation Now’ full time.

‘I suppose it has been a gradual, phased departure from Verisona Law, so there isn’t any dramatic change,’ she considers. ‘It will be sad not to guarantee seeing my Verisona Law colleagues every week, but the wonderful thing about my new business is that we will be working with the same family law community as before, so I haven’t felt the need to say goodbye to anyone.’

Debbie and her team will continue doing a fantastic job at Verisona Law and I wish them and the firm all the very best.’

However, one person who will feel the loss is Head of Verisona Law’s Family Team, Debbie Bulmer. ‘I joined the firm a year after Claire as a trainee. She has been a mentor, an inspiration and a great laugh whenever I have needed it. I can’t thank her enough for her time, her camaraderie and her company.’

‘With the invaluable support of our secretaries Jacky and Cheryl, we did become somewhat of a ‘dynamic duo’,’ admits Claire. ‘I shall miss that a great deal. I know that

Pictured: Colleagues at Verisona Law’s Family Team say farewell to Claire Webb: (from left to right). Jacky Sneddon, who has been Claire Webb’s legal secretary for many years. Claire Webb, departing consultant of Verisona Law. Debbie Bulmer, Head of Family at Verisona Law. Cheryl Reeve, Debbie Bulmer’s Legal Secretary.

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Happenings in Hampshire

HAMPSHIRE LAW SOCIETY SKIING TRIP TO MORZINE IN THE FRENCH ALPS March 2015 saw the inaugural Hampshire Law Society skiing trip to Morzine in the French Alps. A party of brave souls put their lives in the hands of the current President and ‘followed him over the edge’ to some epic runs, fantastic scenery and great company.

Not without a few mishaps in the early runs, the trip was a wonderful success and a lovely opportunity to meet and spend time with fellow Law Society members and get to know each other outside of a professional setting.

Morzine is a an incredible location nestled in the centre of the Portes du Soleil ski area, which spans two countries and thirteen resorts. It is made up of traditional wooden chalets and stone cottages and is a busy alpine village with a lively spirit retaining all of its French charm. This was a blessing as a couple of the party found themselves non-skiers during the course of the trip, but fortunately there was plenty to occupy them.

There was no lack of variety on the skiing front and good use was made of the ability to upgrade lift passes and explore the larger ski area.

Several daring people made it all the way over to the Swiss Wall, although visibility was below 1 metre and so sense prevailed and no attempt of the Wall run itself was made. We were extremely fortunate to enjoy some snow whilst on the trip which made for fantastic skiing and beautiful surroundings. Lunch times were a great opportunity to congregate on the slopes and compare stories, not least people falling in to trees, skiing offpiste and attempting fun parks and black mogul runs.

The hot tub at the Hotel was a big hit and an evening out in Morzine provided a happy and relaxed setting to really enjoy ourselves and the local cuisine and wine!

All in all the trip was testament to excellent planning and a combination of great people and a wonderful location. Everyone who attended enjoyed themselves and would be keen to see the trip as an annual event - watch this space!

LEADING LAW FIRM TRETHOWANS EXTENDS FAMILY OFFERING WITH NEW APPOINTMENT Leading regional law firm Trethowans has extended its family offering with the key appointment of new Partner Grant Cameron, an accredited family law specialist and mediator.

Approaching 25 years’ legal experience, Grant has extensive knowledge in dealing with high net worth clients and children matters.

As a member of Resolution, a national body of family lawyers and professionals committed to dealing with family matters in a sensitive and constructive way, Grant is a firm believer in the benefits of non confrontational approach to solving disputes in a cost effective manner.

With Grant’s appointment Trethowans can now offer clients a mediation service, in addition to the traditional approach to dispute resolution.

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Commenting on his appointment Grant said, “I am delighted to join Trethowans, the firm has a strong, established regional presence with a progressive outlook. I am very much looking forward to adding to, growing and shaping its already successful family services offering.”

Welcoming the company’s newest partner on board senior partner Simon Rhodes commented, “We are delighted that Grant will be working with us. In addition to his mediation skills Grant brings with him an exhaustive knowledge in all areas of family law and we are looking forward to working with him while adding to Trethowans’ rapidly increasing client services.”

Away from the office Grant is a member of his local amateur dramatic society and treads the boards on a regular basis, he also plays an active role in community based initiatives.

Education and Training

HAMPSHIRE LAW SOCIETY’S CPD PROGRAMME Are you achieving your CPD hours - remember that your records can be checked at any time by the SRA 5 May 19 May 9 June 30 June 7 July

1345 – 1645 1345 – 1645 1345 – 1645 1345 – 1645 1345 – 1645

Mr Gary Self Mr Andrew McLoughlin DJ Stephen Gerlis Mr Richard Snape Mr Edward Denehan

Employment Law Update Civil Litigation Update Family Law Update Conveyancing Update Property Lecture

EMPLOYMENT LAW

CONVEYANCING UPDATE

Date: Tuesday 5 May 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Gary Self

Date: Tuesday 30 June 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Cartwright Drive, Titchfield, Fareham PO15 5RJ Speaker: Richard Snape

Gary Self makes regular appearances in employment tribunals around the UK for substantial organisations in both the private and public sector as well as for individual claimants. He has extensive experience in employment disputes within the police and a great deal of litigation experience in complex discrimination issues.

KEY POINTS

Richard Snape was formerly a full time lecturer of law at the University of the West of England. He has written extensively on property related matters notably in the Conveyancer and the New Law Journal and has been a regular contributor on CPD courses since 1991. His areas of specialism include landlord and tenant and in particular the 1954 act, assignment and subletting, real property and commercial property.

An update on specific issues from this speaker, described in the Legal 500 as being “very good, one of the best on the western circuit for employment”

KEY POINTS Conveyancing continues to undergo major changes and the course will aim to look at the most important changes and their effect on the conveyancer.

CIVIL LITIGATION UPDATE Date: Tuesday 19 May 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Andrew Mcloughlin Andrew McLoughlin has been a Solicitor in private practice since 1983.

He has been granted Higher Rights of Audience for civil and criminal proceedings and sits as a Recorder in the crown and county courts.

KEY POINTS A general update on Civil Litigation with further detail to be advised.

FAMILY LAW UPDATE Date: Tuesday 3 March 2015 Time: 13:45 - 16:45 Venue: Holiday Inn, Cartwright Drive, Titchfield, Fareham PO15 5RJ Speaker: Judge Stephen Gerlis Judge Stephen Gerlis was appointed as a full time District Judge in 1988. He is also a Recorder in the County Court, Originally a Solicitor he was President of the West London Law Society, Chairman of the London Association of District Judges and a member of the advisory group on Judicial Appointments. He is a frequent contributor to the Law Society’s Gazette and lectures widely on a range of subjects surrounding the work of the county court.

KEY POINTS District Judge Gerlis trawls through family law during the past year to bring you an insight into the most important and relevant cases and changes in the law affecting children and matrimonial disputes. He will also deal with Family Law in the new world of no legal aid and increased costs scrutiny.

HAMPSHIRE LAW SOCIETY PRESENTS

VEYO CONVEYANCING PORTAL Date: Thursday 14 May 2015 Time: 10am - 12pm - (registration and refreshments from 930am) Venue: Holiday Inn, Telegraph Way, Morn Hill, Winchester SO21 1HZ Speaker: Veyo Business Development Team

COMMERCIAL LEASES, ALL YOU NEED TO KNOW Date:

Tuesday 7 July 2015

Time: 13:45 - 16:45 Venue: Holiday Inn, Leigh Rd, Eastleigh SO50 9PG Speaker: Edward Denehan Edward Denehan is recommended by Chambers and Partners for real estate litigation which states “Edward Denehan of 9 Stone Buildings is extremely bright, very sharp and great on his feet. He knows his stuff and is very deliberate in his advice”. He recently acted in the House of Lords leasehold enfranchisement case Majorstake v Curtis.

OTHER CPD...

What CPD would you like to see next year - we will shortly be planning the programme for 2015-16 and your input would be helpful, please email Nicola with any suggestions CPD- changes to ongoing training are in the pipeline. You will no longer have to count CPD hours. Instead each firm will need to assess learning needs with qualified staff against the SRA’s Competence Statement. This is optional from 1 April 2015 and becomes compulsory on 1 November 2016.

Regulation, Compliance and Best Practice conference A one day conference on matters of regulation and best practice will be held in Hampshire in September 2015. This will cover SRA updates, latest professional developments, best practice, changes to technology, social media etc. Full details will follow by email.

Veyo, the joint venture between The Law Society and Mastek (UK) Ltd is to be launched soon, and will bring together electronically, all the processes, checks and documentation prepared and undertaken by solicitors and licensed conveyancers in the sale and purchase of residential properties.

About Veyo: Veyo is a comprehensive conveyancing portal, offering an efficient, secure, and smart way to manage property transactions – from client instruction to completion. Now in the final stages of development and testing, it will be launched in Spring 2015 and will revolutionise the market.

HILS Members FREE

Non HILS members £20.00

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Social Events

HAMPSHIRE LAW SOCIETY IS PLANNING A SERIES OF EXCITING SOCIAL EVENTS: June 18th - Magna Carta exhibition and lecture, Salisbury Cathedral 15.00 Arrival and tea in the Refectory - at members own expense 15.30 Guided Cathedral tour including Magna Carta exhibition, included 17.00 Free time to visit Salisbury/dinner – restaurant to be booked but at members own expense 19.30 Magna Carta Lecture by Lord Judge, former Lord Chief Justice of England and Wales, chaired by John Bercow, Speaker of the House of Commons: Igor Judge is one of the most highly regarded members of the British judiciary, a tireless advocate for human rights and equality before the law. He has been lauded as one of the most successful holders of his 700-year old office, namely for his skill at defending the rights of the citizens against the state, and interpreting the law fairly without fear or favour.

John Bercow has been the Speaker of the House of Commons since 2009. In 2005 he was awarded the Channel 4/Hansard Society Award for 'Opposition MP of the Year' in recognition of his approach to 'good opposition'. He has had a longstanding role in encouraging Britain to lead the international community in

seeking decisive action for peace and justice, especially in countries where the threat of genocide and political oppression loom large.

Cost £10.00 for members £15.00 for non members June - Boat trip from Keyhaven to the Isle of Wight September - Quiz night (more details to follow) Other events include - Cocktail making and a trip to the races

HAMPSHIRE LAW SOCIETY ANNUAL DINNER 2015 Hampshire Law Society warmly invites members and their guests to the 2015 Annual Dinner and Awards, the leading black tie event in the local legal calendar, on Thursday, 21st May. The evening commences at 6.30pm with a drinks reception with dinner at 7.15pm. The estimated time for carriages is 11.00pm.

Tiger Tiger at Gunwharf Quays Portsmouth is the unique and exciting setting for this year’s event. Guests are welcome to enjoy the fabulous views of the Solent and Spinnaker Tower during the drinks reception prior to sitting down to a three course dinner.

Following the dinner we will award the winners of the 4 categories, Law firm of the year (large and small), Lawyer of the year and Junior Lawyer of the year. Please get your nominations in by the 1 May.

After dinner entertainment will be provided

by Dani King MBE. Dani who grew up in Hamble is an Olympic gold medalist, three time World Champion and world record holder. Dani started cycling aged 14 when in 2005 she skipped a maths lesson to ride bikes on a school visit from British Cycling’s Talent Team.

Dani is one of our most exciting road and track cycling talents. After winning gold at London 2012 in the Women’s Team Pursuit along with Laura Trott and Jo Rowsell, Dani said “Words can’t describe how I feel, when London got the Olympics I was not even riding a bike - this journey has been crazy for me”.

Dani King MBE.

Kindly sponsored by

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

Price £45.00 per head Table of 10 £400.00 Junior Lawyers £30.00 (limited number of places)

The Annual Dinner is the most prestigious event in the Law Societies calendar so book your places now. Numbers are limited so don’t miss out and book today.

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Social Events

HAMPSHIRE LEGAL AWARDS 2015 Nominations are now open for the Hampshire Law Society Legal Awards 2015 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 1 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 21 May 2015 at the Annual Dinner.

Category -

Firm of the year (large) Firm of the year (small) Solicitor of the year Junior solicitor of the year

Rules • You need not be a solicitor to nominate.

• Consider reputation, experience, acumen, professionalism, commitment to clients and others, including involvement with the community.

• Please complete the entry by being clear and concise and include your name and organisation.

• If nominated by a third person, nominees will be contacted and asked to supply further detailed information to support their nomination.

• All entries should be submitted by email to Nicola Jennings by 1 May 2015.

• A shortlist will be drawn up for each category and published prior to the Awards Dinner. Judging will be done by a professional panel.

Email: administration@hampshirelawsociety.co.uk Tel: 023 8044 7022

MAKE 1000 LAKESIDE THE DESTINATION FOR YOUR MEETING OR CONFERENCE IN 2014/15 As the stunning 1000 Lakeside North Harbour Portsmouth development continues to gain a reputation as the destination for business on the south coast, you too can experience the buzz by using the newly refurbished conference and meeting facilities to make your event an outstanding success.

Set in acres of amazing grounds with an impressive lake and magnificent wildlife, 1000 Lakeside, with its full height glazed atrium and licensed Real Cooking Café, offers a versatile all year round venue.

Three temperature controlled rooms, seating from 4 to 50 people, offers free wi-fi, white boards, flip charts and local telephone calls - and with catering and audio visual equipment available as an option, your meeting is guaranteed to be remembered for all the right reasons. Rooms are available by the hour or on a day delegate rate, which includes catering.

Karen Tyrrell, Lakeside’s Sales, Marketing and Client Liaison Manager says: “1000 Lakeside’s onsite conference team will ensure

your meeting goes perfectly. Having already set the room up to your brief, they’ll be on hand during the day should you have any last minute requests. Plus the Café and Atrium can provide light, airy and bright areas which can be used for registration or breakout space.

“With loads of free onsite parking and fabulous retail facilities, 1000 Lakeside is just minutes from junction 12 of the M27 and Cosham train station, making it one of the most accessible venues around.

We’re looking forward to welcoming businesses from around the area to our fabulous location.”

For more information call Carlly on 023 9231 3943 or email meet@lakesidenorthharbour.com

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News

THE 25th ANNUAL LEGAL CUP May 15-17: The 25th annual Legal Cup will take place on the Solent, starting from Hamble.

This 2-day event is the leading sporting and social networking event for the legal industry and every year over 20 teams from a variety of law firms take part.

Experienced sailors and yacht owners are welcome to take part, and absolutely no sailing experience is necessary, as event organisers Britannia Corporate Events can

provide a high-quality, modern yacht with professional crew to ensure any team can take part.

The regatta involves a number of sailing yacht races over the weekend, with a fantastic Gala Dinner in Cowes on the Isle of Wight on the Saturday evening. As well as providing a wonderful platform for networking and teambuilding, the event also raises valuable funds for the Sail 4 Cancer charity, who provide respite sailing days for cancer sufferers and their families.

There is still time to join and race against teams from Allen & Overy, Ashurst, Bar Yacht Club, Clifford Chance, Freshfields,

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Field Fisher Waterhouse, Herbert Smith Freehills, Linklaters, Maitland Chambers, MacFarlanes, Ricoh, Sidley Austin and Stewarts Law. To find out how you could enter a team, please contact Britannia on 02380 458900 or info@britanniaevents.co.uk http://www.britanniaevents.co.uk/even ts/legal-cup/ www.sail4cancer.org/

Membership Legacies

Hampshire Law Society is delighted to advise that membership now stands at 942, a 50% increase on last year.

We would like to thank our corporate members Paris Smith Blake Morgan Churchers Bolitho Way, Brain Chase Coles, Davies Blunden & Evans, MacDonald Oates, Phillips, Dutton Gregory, Biscoes, Trethowans Hampshire County Council.

Corporate membership is a great way of joining up all your staff. It costs just £800 a year and allows unlimited membership. Under the Society's Constitution, membership is open to Solicitors either practising (or in the case of trainees under contract with a firm practising) or residing in Hampshire. Associate members are Trainee Solicitors, Fellows, Associates or Graduates of the Institute of Legal Executives, Chartered Legal Executives and Licensed Conveyancers who are employed by a Member's Firm

WINE OF THE SEASON with Conal Gregory, Master of Wine

South Australia has succeeded in making a stylish Chardonnay to compete with some of the finest Burgundies. Shaw & Smith’s M3 Chardonnay is made from lowyielding vines in the Adelaide Hills.

With partial wild yeasts and barrel fermentation, it drinks gloriously with fish like seabass. Appealing lemony aromas and long length of flavour, the 2013 will repay keeping five years. £24.99 (Liberty Wines).

The benefits of membership include: •

Opportunity to regularly contribute up to 3 articles to the magazine

•

Reduced advertising rates on the website and magazine

•

Reduced rates to our CPD lectures

•

Free CPD sessions

•

Reduced rates for our social programme

•

Free find a solicitor service

More information on membership can be found on the website www.hampshirelawsociety.co.uk

Atlantico Sur Tannat

Basque settlers from Madiran introduced the Tannat vine to Uruguay in 1870. The country’s moderate, Atlantic-influenced climate is in total contrast with neighbouring Argentina. From the new, slightly inland area of Sierra de Mahoma comes a rich, dense and velvety example made by Familia Deicas Atlantico. Aged for six months in barrel, the 2013 Reserva can be enjoyed now but even more so over the next three to four years. Great with lamb. £12.50 (IEC Wine Society).

Sponsored by NFU Mutual Bespoke, high-value home insurance tailored to protect everything you value, including art, antiques, fine wine and more.

Visit www.nfumutual.co.uk/bespoke for further information.

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News

CHANGES AT THE TOP FOR SOUTH’S LEADING LAW FIRM There’s been a change at the top of one of the south’s leading law firms. Head of Litigation Services Group Chris Whiteley will become managing partner at Trethowans while Simon Rhodes moves to Senior Partner from 31 March 2015.

“Continuity is vitally important to us as a firm,” said 51 year old Mr Whiteley, who has enjoyed a long career at Trethowans. “The key is to recognise and embrace that stability while at the same time look for growth and new opportunities"

Paying tribute to Simon Rhodes, Mr Whiteley said: “Simon has done a terrific job at the helm to take us to the forefront of legal practices in the south and it provides us with a superb platform from which to move further forward. I’m relishing the challenge.”

“Late last year we expanded into our new Southampton offices after reaching capacity in our former premises. We now intend to further expand across all disciplines with a particular emphasis on building the private client portfolio to match the private client team in Salisbury which is already very strong.”

As well as his duties as Senior Partner, Mr Rhodes will return as full time employment partner and continue with his leadership of Future Southampton and being a board member on the Hampshire Chamber of Commerce.

In addition to his litigation role, Mr Whiteley has been appointed by the Court of Protection to act as a Professional Deputy to manage the property and financial affairs of vulnerable adults. Two years ago he was appointed as a Deputy District Judge by the Lord Chancellor.

With offices in Salisbury and Southampton, Trethowans is a UK Top 200 law firm with a team of more than 140 people and 25 partners. The firm was founded almost 150 years ago. Commercial clients include household names such as Ladbrokes plc, Endsleigh Insurance Services,

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Jewson (part of the Saint Gobain Group), Pizza Hut and Rowanmoor Group plc.

The firm is a big contributor to the local communities in Hampshire and Wiltshire and has sponsored, among others, the South Wilts Business of the Year Awards, the Salisbury Big Business Event, the South Coast Business Awards, Solent Business Growth Summit, South Coast Business Works, Salisbury Rugby Club, the New Forest Show, events at Salisbury International Arts Festival and Chalke Valley History Festival and Cadnam Cricket Club.

To find out more about Trethowans and its services visit www.trethowans.com or contact the Salisbury office on 01722 412512 or Southampton office on 023 8032 1000

Legacies

LEAVING THEIR BELOVED FOUR-LEGGED FRIEND WITHOUT AN OWNER Some dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. Thankfully, Dogs Trust, the UK’s largest dog welfare charity, offers the Canine Care Card, a special free service that aims to give owners peace of mind, knowing that the charity will look after their dog if the worst should happen. Not only does this offer reassurance to dog owners, it also helps to ease the minds of friends and family during what is already a distressing time.

Over the past 12 months, Dogs Trust has taken in a whole host of dogs across its 20 rehoming centres in the UK as part of the Canine Care Card scheme and helped them settle into new homes. Two of these dogs were duo Telia and Freddie who arrived at Dogs Trust Darlington aged eight-years-old after their owner had sadly passed away. The loveable pair were firm favourites with staff and volunteers, both enjoying long walks and playing in the water whenever they got a chance.

Telia had been diagnosed with arthritis prior to her arrival at Dogs Trust and was able to get all the care she needed while she awaited her forever home. Dogs Trust never puts a healthy dog down, and works hard to match every dog with a responsible, loving home. Happily, Telia and Freddie were soon settling in with a loving new family after being cared for at Dogs Trust Darlington.

Adrian Burder, Dogs Trust CEO says, “Thanks to Dogs Trust’s Canine Card Card scheme, dogs in need of a new home are given a lifeline, meaning that Telia, Freddie and many dogs like them are able to get a second chance at happiness and bring joy to a new family. If you decide to become a Canine Care Card holder, we will issue you with a wallet-sized card. It acts in a similar way to an organ donor card and notifies people of your wishes for your dogs, should anything happen to you. Dogs Trust also strongly recommends that you mention the care of your dog in your Will. That way, there can be no confusion about your wishes.”

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News

MONEY LAUNDERING & PROPERTY FRAUD KEY POINTS FOR FINANCE AND ACCOUNTS TEAMS

by Trevor Hellawell

MONEY LAUNDERING INVOLVES CHANNELLING CRIMINAL FUNDS INTO LEGITIMATE LEGAL TRANSACTIONS. MORTGAGE AND PROPERTY FRAUD INVOLVES LEGITIMATE FUNDS BEING USED IN CRIMINAL TRANSACTIONS. All members of a law firm need to be able to spot unusual aspects to a transaction, or a client and to report matters that alert suspicion.

For Accounts teams, the key Money Laundering issues are as follows:

Key criminal offences: -

-

Receiving criminal funds into Clients account (s 329, Proceeds of Crime Act 2002) Retaining criminal funds in Client account (s329, Proceeds of Crime Act 2002) Transferring criminal funds as part of a

-

-

transaction (s 327, Proceeds of Crime Act 2002) Not reporting information that suggests that someone is money laundering (s 330, Proceeds of Crime Act 2002) Receiving and retaining funds where there is no work being done for a client (Rule 14.5 SRA Accounts Rules)

Do please note that you can usually only be convicted of an offence if you have reason to be suspicious; if everything appears to be OK, you can assume it is. However, if anything unusual arises, you would be expected to spot it and query it.

What to look for: There is no definitive list of things to look for but the following would be sufficient to raise an initial concern: - Funds arriving in client account from unknown or unexpected sources (foreign banks, banks other than the ones you thought the funds were coming from) - Funds arriving where no client work is being undertaken (no file number) - Funds arriving from third parties other than the named client (relatives and friends) - Requests to move funds at short notice or unusual times - Requests to send funds other than to the client or expected third party - Requests made direct by client (rather than via fee-earner teams).

Other matters to consider: Whilst third parties can obtain such information if they really want to, one should not disclose Client bank account details unnecessarily (in order to prevent unwanted funds transfers).

General steps to protect the Finance team: Ideally, Finance should be informed of

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Hampshire Legal

• who the client is, • the value of the funds expected during a matter, • the source of funds (client, third parties etc), • the bank from which the funds are expected, • any unusual aspects (funds remitted to unexpected destinations) and • when funds are to be expected.

This will not always be possible, but such information enables Finance to approve and undertake money movements without having to cross-check with fee-earners each time.

What to do if you are worried about an unexpected money movement: • Discuss the matter with MLRO • Seek confirmation from fee-earners/COFA that transactions/money movements are genuine • Make an attendance note of any matters that are unexpected, even if fee-earners confirm they are genuine • Notify Head of Finance, COFA and MLRO.

News

CODE OF CONDUCT CHANGE AFFECTING SOLICITORS’ PI 1 APRIL 2015 - ARE YOU READY? The SRA has recently announced a change to the Code of Conduct that requires firms to assess and purchase an appropriate level of professional indemnity insurance.

New Outcome 7.13 states ‘you assess and purchase the level of professional indemnity insurance cover that is appropriate for your current and past practice, taking into account potential levels of claim by your clients and others and any alternative arrangements you or your client may make.’

You must comply with this outcome by the earlier of: 1. The date on or after 1 April 2015 of the commencement, renewal, replacement or agreed extension of the policy period of any qualifying insurance; and 2. The start of the new indemnity period on 1 October 2015.

As this is a required outcome, it follows that firms will have to be in a position to be able to provide evidence to the SRA that an appropriate assessment has taken place.

It is important to note there have been no changes to the minimum limits that a firm is required to purchase - £3 million for a Relevant Recognised Body and £2 million in all other cases.

When considering how to comply with this new Outcome, Solicitors should remember that their professional indemnity policy is written on a claims made basis. This means that it is the policy in force at the time the claim is made or a circumstance is first notified, that will respond, not the policy in force at the time that the work was carried out. For this reason it is vital that when deciding on what level of indemnity is appropriate, that consideration is given to the type and value of historic and current work.

Also when considering an appropriate indemnity limit, whilst the limit applies to any one claim and defence costs are paid in addition, it should be remembered that

the policy contains a ‘series clause’. The effect of this is to treat all claims arising from the same event (see the minimum terms for the full extent of this) as one claim. For example, if a standard contract is used for sales of multiple units in a property development an error in this standard document may result in multiple claims which may then be treated as a single claim for the purposes of the cover.

Insurance brokers may well be reluctant to recommend a specific limit but should certainly be able to help with the thought process involved in assessing an appropriate limit.

Joel Harding is one of JLT Specialty's representatives for firms in London and throughout the South-East. If you'd like to talk through any concerns you have about this change contact Joel joel_harding@jltgroup.com www.jltsolicitorspi.com

HAMPSHIRE - YOU HAVE COMPETITION! Hampshire lawyers have been known to pull some pretty madcap stunts over the years to raise funds for the SBA The Solicitors’ Charity, usually on their way to the Law Society’s annual conference.

Among the more extraordinary exploits are a 70-mile cycle ride on a ‘racing triplet’ (completed by none other than Andrew Caplen, John & Mary Griffin in 1991) an epic canoe paddling along 150 miles of the Grand Union Canal by HILS current Vice President, Matthew Robbins, and a hair-raising parachute jump by Nick Gurney-Champion, HILS President in 2002.

Nick was apparently the first out of the plane at 3,500 feet and hurtling towards the ground at 120mph when his parachute failed to open.

As the Gazette’s Obiter said at the time, the reserve parachute performed without a hitch and - happily for both HILS and SBA - Hampshire was not deprived of one of its finest legal minds.

This year, though, it’s not Hampshire in the

spotlight, but Cambridgeshire. Two East Anglian lawyers are following HILS’ fine tradition of doing barmy things for SBA, as they intend to hurl themselves off the UK’s tallest sculpture on Saturday 18 April 2015.

Will Cowell and Grace Brass (yes, it really is Will and Grace) will of course be firmly attached to abseiling ropes when they begin their 270 foot free descent from the top of the Anish Kapoor sculpture in London’s Olympic Park.

The impulse to dangle a very long way off the ground from a gigantic Meccano curlywurly was first mooted at Cambridge & District Law Society. Grace, a family solicitor at Tees Law, has just been elected as the Society’s Vice President, while Will, Senior Partner at Cambridgeshire firm, Miller Sands, is past President and current Honorary Treasurer.

So what advice does Hampshire have for Cambridge?

“Enjoy yourselves!” says Matthew Robbins, “It’s fantastic to know that colleagues are prepared to back SBA in this way, and help raise awareness as well as money. More people need to know what SBA can do to ensure that no solicitor is unsupported in times of need or crisis, so well done, Cambridge and good luck!”

You can visit Will and Grace’s JustGiving pages at https://www.justgiving.com/WillCowell and https://www.justgiving.com/Grace-Brass1.

At a time when the clouds look dark for many in the legal profession, help SBA ensure that no solicitor is unsupported in times of need or crisis.

For further information, please contact: Sue Ellis, Marketing & Membership Executive 020 8675 6440 Sue.Ellis@sba.org.uk

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Management

DOCUMENT SECURITY IN AN INCREASINGLY MOBILE WORLD The workflow, life and trail of a document are more mobile than ever. With legislation increasing the digitisation of document management across soliciting, paralegal, insolvency, civil rights, banking, commercial, corporate, environmental, property and finance sectors, the legal sector is having to evolve and become increasingly sophisticated.

In a recent KYOCERA survey of over 500 people within the UK legal industry, almost half of respondents cited security as their biggest concern when it comes to technology. This was deemed more important even than cost cutting (45%) and looks set to continue as new techniques such as mobile and cloud gain in popularity within the workplace.

Increased digitisation and mobility should not, however, compromise the security of data and documents.

In order to maintain document security, legal organisations should consider deploying a Managed Document Service (MDS) - which is a packaged solution that creates a controlled print, copy and document environment. A properly deployed MDS will strengthen a law firm’s ability to control risk.

As well as helping to avoid losing valuable data and preventing unauthorised access, it can also ensure confidential documents don’t end up in the wrong hands, limit device access to particular users and departments and clearly identify key users.

MDS usually combine hardware, software, servicing and elements of strategic

consultancy. Reputable partners provide services that incorporate the most up-todate and sophisticated security measures, including encryption and compliance with BSI standards for the legal admissibility of electronic information in court.

Another emerging area, which presents both opportunity and challenge in terms of document security, is cloud. Although doubts persist over the security of cloudbased services, cloud propositions are proving increasingly difficult for law firms to resist. Firms should familiarise themselves with the Information Commissioner’s Office guidance on the use of cloud computing to make sure their MDS deployment complies with the Data Protection Act 1998.

Whilst technologies such as MDS and cloud are addressing document security concerns within the legal sector, it’s clear to see that doubts persist. When asked about the biggest challenges in future, the respondents to the KYOCERA survey opted for security (38%), closely followed by keeping costs down (37%) and dealing with fees (35%). This suggests that legal firms welcome the influx of new technologies but are still unsure of how they will impact business.

by ROB ATTRYDE, KYOCERA Document Solutions UK, Marketing Communications Manager

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Management Legacies

HELP! I HAVE CLIENTS INVESTED IN A TAX SCHEME WHAT DO I DO? The war on tax avoidance These are tough times for those who have sought to minimise their tax bills. Politicians have denounced ‘tax avoidance,’ often mixing up the term with ‘tax evasion’ which is illegal and means something very different! The Finance Act 2014 has also brought fresh misery to taxpayers in the form of Follower Notices (“FNs”) and Accelerated Payment Notices (“APN’s”).

What is a follower notice and how does it work?

HMRC may now give a follower notice to any taxpayer a) who has a tax enquiry or tax appeal ongoing and b) who has entered into a tax mitigation structure of any sort provided that a court or Tribunal has given a ruling similar to the ‘relevant to the chosen arrangements.’

The time limit for the issue of the FN is broadly 12 months from the date of the judicial ruling in question.

A ‘judicial ruling’ is a ruling of any court or tribunal including the First-tier Tax Tribunal and the bad news is that the test of when a judicial ruling is ‘relevant’ is whether in HMRC’s opinion it is relevant. And there is no right of appeal! All the taxpayer can do is make representations against the issue of an FN, within 90 days from the date they received the notice. HMRC must consider the representations and either confirm, amend or withdraw the FN, and notify the taxpayer accordingly. There is no time period specified by which HMRC must make their decision.

It gets worse. Where a FN has been issued and not withdrawn, a taxpayer will be liable to pay a penalty if he does not to take the ‘necessary corrective action’ by amending the return or claim or settling the appeal to counteract the tax advantage in issue. The penalty is 50% of the value of the denied advantage, subject to a reduction to a minimum of 10% for co-operation, which includes taking the necessary corrective action. (In contrast to the issue of an FN, there is at least a right of appeal to the Tribunal against both the decision that the penalty is payable and the amount of the penalty).

What is an APN and how does it work?

Accelerated Payment Notices (“APN’s”) can be given by HMRC where there’s a tax enquiry or appeal in progress and either a) a follower notice has been issued to the taxpayer; or b) the arrangements are covered by DOTAS; or c) the arrangements are being challenged by HMRC under the GAAR (the new general anti-tax avoidance legislation). Once an enquiry is opened or an appeal is made, there is no specific time limit for HMRC to issue an APN.

The amount of the APN is broadly the amount of additional tax that would otherwise have been paid if the arrangements had not been entered into and again the bad news is that, as for FN’s, there is no right of appeal although a taxpayer served with an APN may make representations against the issue of the APN. HMRC must consider the representations, and then either confirm, amend or withdraw the notice.

Once an APN has been given (and not withdrawn), the accelerated payment must be paid to HMRC within a stipulated time period. And if the amount due is not paid there are penalties on top!

Challenging the legislation Can anything be done?

Firstly, if you are sent an FN or APN you should take immediate advice. It may be, that your adviser can negotiate an extended period for you to pay the APN if you do not wish to challenge it. Or there may be representations that can be made to HMRC against the issue of the FN or APN. For those who wish to argue, all is not lost.

The above legislation bestows enormous powers on HMRC which must be operated properly and according the laws of natural justice. Judicial review is a process by which the courts review the lawfulness of a decision or action taken by a public body. In judicial review proceedings a court will decide whether a public body has acted in accordance with its legal obligations and if not, can declare a decision taken by it invalid. The following are some of the reasons where a challenge could occur:

when making a decision or fails to take into account relevant factors; • The public body makes a decision which is so unreasonable as to be perverse or irrational.

Challenges may also potentially be made to the legislation itself; for example it is possible that the lack of the right of appeal against an FN or an APN breaches human rights or European Law principles.

However, actions for judicial review have strict time limits so if you are served with an FN or APN we would repeat our earlier point.

Take immediate advice!

STEVEN VALLERY, Business Development Director S4 Financial Ltd. Contact: 0127634932 JONATHAN LEVY, Managing Partner Levy and Levy Contact: 0208 958 9700

• The decision is irrational; • The procedure followed by the public body is unfair or biased; • The decision taken is in breach of the Human Rights Act; • The decision taken is in breach of European Community Law; • The public body takes into account irrelevant factors

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Information Technology

WHY LEGAL NEEDS TO GO LEAN

by Robert Rutherford, CEO QuoStar

The legal sector is changing faster than I’ve seen any sector in the past, well perhaps since I was involved in global electronics manufacturing in the late 90’s. The challenges of globalisation, shrinking margins and innovation were terrifying to many, and IT systems were often the answer to the challenges. However, the switch to improved business IT systems was helped by large and mid-sized manufacturing businesses understanding Lean. This meant that they were becoming used to rapid change, something that many legal firms are not.

So, to keep you interested, how can and will Lean help legal firms? In short you’d use ‘proven’ business tools and strategies to allow you to survive and thrive in shifting sands, by;

1.

2.

3.

4.

5.

6.

7.

Lowering overheads Improving delivery times Increasing client satisfaction Accurate pricing Freeing up resources Making lawyers more efficient Improving margins!

•

•

In short, Lean was born for the ‘systematic’ elimination of waste (“known as Muda”) in a process. Lean seeks to identify and eliminate waste through overburden (“Muri”) and waste created through uneven (varying) workloads. There is also a focus on the client who consumes a particular product or service around “value”. So it’s about reducing waste internally and increasing value for the client.

Below I’ve shown examples of how the waste elimination process can work in relation to Lean Six Sigma in a law firm. This can easily be remembered via the acronym DOWNTIME; •

Eradicate Defects and Mistakes: -

•

Incorrect data entry Billing mistakes Incomplete documents Bad drafting Wrong client details Filing errors

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•

•

Inventory / WIP -

•

Matters sat in dispute Too much unused stationery Unanswered communications Too many IT systems Motion of People

- Poor work-flows, manual and IT related, i.e. too many clicks to get to a required resource - Poor placements of physical resources - Too much travel •

Extra Processing - Too many authorisations, research or manual interventions

If you think you are already all over these elements, then I’ll almost guarantee that you aren’t. It’s about prioritisation; prioritising what improvements deliver the greatest gain to the firm and ultimately the client. I’m a big believer in win-win relationships, the client has to be your partner, not simply a bill payer.

Lean uses the acronym DMAIC to structure improvement, generally continuous improvement, which is absolutely essential in a law firm in this day and age. DMAIC is always applied in the order shown below and stands for; •

Define -

Identify the business/process issue Record the requirements of the client and the firm Finalise the project focus Define the project scope

-

Collect the required business data Determine the performance of the process Clarify the business opportunity Identify quick wins where possible

•

Measure

Improve -

Transportation - Sending printed documents or billing manually when electronic is acceptable or desired - Processing cheques when electronic means are more convenient - Too many manual or electronic touch-points

Analyse - Undertake root cause analysis - Quantify the opportunity for gain - Prioritise root causes

Non-utilised Talent

•

Over-production: - Too many people involved in meetings - Preparing documentation in advance - Too many communications internally and externally - Printing too much or to an unnecessary standard - Too much unbilled prep-time

•

- Poor delegation

What is Lean?

Lean was born in manufacturing and was originally developed and used by Toyota engineers in the 40’s. Today when most people talk about Lean they are talking about Lean Six Sigma. This process was developed by Motorola is the late 80’s and is still widely used by all sectors, from finance through to retail, yet it remains rare in the legal space.

Waiting and Delays: - Unable to get the right people to meetings - Waiting for information from internal or external parties, i.e. clients and counsel - Un-productive environments - Slow IT systems

•

Understand and develop potential solutions Develop and select evaluation method and criteria Evaluate risks Optimise solution Control

- Monitor and adjust - Ensure desired gains are delivered and sustained - Standardise gains It’s surprising how many firms don’t have live documented processes and procedures.

If you don’t have SOP (Standard Operating Procedures) then you are going to have to start. If you don’t have processes defined, how can you evaluate them and improve them?

As we are aware a significant number of legal firms have been way behind the curve in innovation, some who believe they are innovative are not, not when you look at the advanced systems, processes and structures in other sectors. Lean is a great place to start to drive change, but it must be embraced by the firm’s leadership. You can’t delegate and forget – leadership must be responsible, and passionate about reducing the waste and continually improving a firm. If you aren’t doing this then your competition will be. The change isn’t a threat to those who embrace change and innovation - it’s an opportunity, on a massive scale.

QuoStar delivers strategic and technical consultancy, typically focused around process and continual improvement methods. It also has a world-class IT outsourcing and cloud services portfolio.

The company’s client profile encompasses legal, manufacturing, financial and a range of other industries with a turnover of up to £200M in the UK and overseas.

Contact Robert Rutherford for an informal chat around how QuoStar is helping other firms protect and grow their margins through the effective use of technologies and improved processes.

Email: robert.rutherford@quostar.com Web: www.quostar.com/legal

Information Management Technology

LOOK BEFORE YOU LEAP (or how to avoid “blind purchase syndrome”) John Flanagan Product Manager I wanted to share this cautionary tale as a warning to others - it involves technology, some hummus and an impatient consumer and a mobile phone.

Many of us now have a bi-yearly purchase cycle when it comes to personal technology - and my zenith came just before Christmas as my mobile phone contract came up for renewal.

I decided it was time to upgrade my beloved iPhone 4S - the battery was no longer lasting more than half a day and the large crack in the back was depositing a layer of glass dust in my pocket on a daily basis. The phone had seen better days, but I had no reason to change the software on it - it took photos, managed my email and diary and even delivered the odd Whatsapp message from my wife of my little girl making a mess (usually with the hummus).

Despite my love of the easy to use operating system, I saw the draining battery as a major problem and began looking for an alternative that would mean I could work out of the office all day without needing to switch on the laptop.

I needed options.

Fool me once…

I immediately discounted anything running Android as, through a previous and very short lived flirtation I had found the operating system buggy and as I use the phone for work I had concerns about the level of app security - friends had downloaded viruses by mistake and I didn’t want such a business critical tool to succumb to malware.

That left me with just two runners, Windows Phone and iPhone 6 (yes Blackberry was also excluded!).

I looked at the features released with iPhone 6, saw nothing that looked like it progressed the device very far and discounted it - the cost seemed too high for what I saw as an incremental upgrade.

This was mistake #1.

I then saw the latest Windows Phone advert and liked what I saw - fantastic camera, OneDrive cloud storage integrated into the core, access to the defacto in productivity tools, office, and a

very competitive price…. It looked great and without a second thought or further consideration I bought one the very next day. This was mistake #2.

The honeymoon period At first I loved it. The quality of the photos it took were fantastic, so good that I have one blown up to A1 in my lounge, and the battery was so strong that even after a full day it would still turn on the next morning.

The OneDrive integration meant I could work away from the office without taking my laptop, and everything just worked together well. For two months, all seemed rosy.

And then it happened. I can’t remember what I was doing, but I started to get annoyed with things. The available apps were limited in number and scope and those that I did use paled into comparison against iOS. The “Basics” became a frustration to - the music app was really hard to use compared to iTunes, and the cloud storage capability became a messy rigmarole. I was getting more and more frustrated by the day - the operating system was grinding me down and actually becoming a counter-productive tool. I fell out of love, and I needed a divorce, quick.

Phone. Yes, my wallet is a little more damaged but now I have the phone I should have bought…. The operating system is iOS 8, newer than I was used to, but it provides me with some great new features (yes Health, I really am that lazy), but I am still rewarded with that familiarity I am used to. I’m happy and firmly back with Apple, but most importantly I’ve learnt that when it comes to tech I should always look before I leap.

I’m not saying I wouldn’t try a different brand again, but I will consider my options carefully.

What, you may ask, has this to do with Legal Technology? Well looking for a cheaper deal may see you switching to a provider with an inferior service. Sluggish performance, having to find work-arounds and a loss of familiarity all have an impact on an individuals’ performance in their daily duties. New software takes a long time to bed in, and there is usually significant resistance to such change even as far as an almost militant desire to switch back to their old provider. Taking that upgrade from a provider you know and trust may seem expensive, but ultimately you will receive the service you expect - and the familiarity needed to remain productive throughout the upgrade process.

So, what did I do? I undid my mistakes, quickly. I managed to convince my supplier to give me an iPhone 6, for a small fee, and I returned the Windows

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Professional Practice

The Paperless Office: 5 Practical Tips for a 21st Century law firm The "Paperless Office" has been talked about for years, but the reality still remains elusive to most law firms, says Richard Hugo-Hamman, Chief Executive Officer at LEAP Legal Software. Is the paperless office a realistic goal for law firms?

“Why do you say we should go paperless?”

Some lawyers have a system whereby every email they send and receive is printed out and placed carefully in a manila folder. What a waste of time and money. I don’t run a law firm but I have visited many over the years and I can say yes, there are paperless law firms operating today. I have seen them and it really does work.

Changing from paper to paperless takes courage and the acceptance that properly stored electronic data is far more secure, safe and accessible than we ever thought possible. Our work habits have also changed dramatically so we now need to ensure we have the right technology. The smartphone/tablet is having as profound an impact on how we work as the desktop PC did a generation ago. It is this mobile element that is driving the paperless revolution.

The way forward is by using a system that integrates your matter, document and accounting requirements in a single application. And to ensure that it is easy to use wherever you are, a cloud based system is best.

Going paperless in 5 steps: 1. Incoming documents Today most correspondence arrives electronically. It should be easy for you to associate every incoming document with the correct matter. The conundrum is what to do with incoming documents. From observation of clients, these are triaged, literally, and treated as follows: • Letters and other documents where the existence of the original is unimportant – scan to the matter and destroy the original.

• Documents where the original is important and you need to keep it permanently – scan to a Safe

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Custody record and store the documents in an organised Safe Custody facility.

A good scanning system is critical to enable this to happen and you should be able to scan conveniently to a matter directly from a scanner on your desk or nearby.

2. Outgoing documents Every document in every form should have its original stored against the matter.

With a good system, whenever you create a piece of correspondence or other document, the new document will automatically be associated with the matter you are working on. If not, you should be able to easily add it to the matter. If you produce documents and then have to scan them in order to add them to your document management system, well … it’s time for an upgrade.

3. Precedent letters and forms and complex documents The old tendency to keep ‘a good one’ in the bottom drawer is probably embedded in our human nature as lawyers, but the problem is no-one else will know it’s there.

Whether a simple letter, a complex family court form or a deed of trust, you should have these easily available, when needed.

A good system will provide you with a stock of “off the shelf” forms and precedents, as well as a way to easily and economically incorporate your own precedents into the system. If there is only one place to store the document, then there is only one way to find it.

4. Invoices and reports If you’re relying on your bookkeeper to produce your bills, then chances are you’re behind the curve. With a good

system you can easily find, view, create and email an invoice, all without a bookkeeper or piece of paper in sight.

If you can, as you should be able to, create any report at any time for any time period, then there is no need to keep reports in paper form at all. Some firms even keep copies of receipts ‘for the file’ unnecessarily. Your system should make it easy for you to provide a duplicate of a receipt or any other document.

5. Time Records and Contemporaneous Notes Making your attendance records in a paper file or even on a specially created paper ‘timesheet’ is inefficient, often inaccurate, and the cost of these errors can be enormous. If you just record all attendances on your smartphone or desktop as and when they occur, accuracy will increase and so will your billings. Time stamped, they are your ultimate record of your work.

Paperless reporting can offer many benefits to a practice, including reduced storage requirements and immediate comparison of past accounting/sales periods. Secure and encrypted off-site storage assists with business continuity and disaster recovery planning, and remote access for the accountant reduces audit costs significantly.

Electronic working means that a lawyer can easily work on a file from home in the evening or at the weekend, without having to take a paper file home with no risk of leaving a folder on the train or having it stolen from a car. As technology advances and applications become faster and more efficient, it is no wonder that more and more firms are moving towards the paperless office. Will you? www.leap.co.uk

Professional Practice

JUST GIVING PACKAGE Meetings Imagined puts people at the centre of the entire meeting experience and brings your vision to life in ways you never imagined.

It used to be that a good handshake was all you needed to close a deal.

Well, times have changed. Today’s business people emphasize productivity over protocol, and we at the Portsmouth Marriott Hotel are responding in kind. Our new, interactive meeting rooms are some of the most innovative among hotels on the UK’s South Coast with technology and design working hand-in-hand for a seamless experience. With our NEW ‘Just Giving Package’ we offer an enhanced, flexible package for meetings for 8 to 25 people with Flexible Cancellation up to 48 hours prior to arrival with no charge!

Our all NEW meeting package ‘Just Giving’: • Booking flexibility: Email or telephone up to 14 hours prior to arrival • Service promise: Right price, first time, within 2 hours • Room Hire • Morning & afternoon sweet, savoury & Healthy break • All day Tea, Starbucks Coffee & Soft Drinks

• 25p from every DDR donated to the Princes Trust From £33.00 per person

• Regionally inspired lunch • LCD projector or screen • Complimentary Wi-Fi for up to 25 delegates • Complimentary Car parking for up to 25 delegates • Meeting Services App

PORTSMOUTH MARRIOTT HOTEL Southampton Road, Portsmouth PO6 4SH Phone: 023 9238 3151

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29

Conveyancing

TOP 10 QUESTIONS TO ASK YOUR SEARCH PROVIDER SEARCHFLOW’S LATEST CONVEYANCER SENTIMENT SURVEY REVEALED THAT 48% OF CONVEYANCERS CITE PROFITABILITY AS THEIR MAIN CONCERN FOR THIS YEAR WHEN CONSIDERING THEIR OWN BUSINESS. BUT IN THE CUT AND THRUST OF A BUSY LEGAL PRACTICE IT CAN SOMETIMES BE HARD TO SEE THE WOOD FROM THE TREES. TAKING A STEP BACK AND EXAMINING BUSINESS PRACTICES, THEN THINKING ABOUT WAYS TO INTRODUCE MORE EFFECTIVE AND EFFICIENT WAYS OF WORKING CAN BE ONE WAY TO BOOST THAT ALL - IMPORTANT BOTTOM LINE. “Implementing a lean business practice into a law firm will certainly help its profitability,” comments SearchFlow Head of Marketing, Adam Bullion. “These don’t have to be enormous changes, but reviewing standard business practices can reveal some sticking points which could be improved and save firms valuable time and money.”

One of the ways conveyancers can improve efficiencies is through the partnership with a search provider which understands their business. Bullion explains, “The search process is a big part of the conveyancing operation, so finding the best search provider for your firm is essential. Not only will this help profitability, but it will also benefit relationships with customers through the quick delivery of accurate results.”

However, the market place is crowded with search providers. With strong competition, and little apparent clear differentiation between each provider, it may be difficult to decide which one to choose.

SearchFlow has put together a list of top 10 questions conveyancers should ask their search provider to ensure they get the right level of expertise, speedy service, flexibility and convenience that makes lawyers’ lives easier:

1. Are you able to place search orders in three simple steps?

Ensure that it is a simple process to reduce time wasting. And ensure that risk screening takes place, identifying areas of risk and recommending search types, so you don’t have to search again to find missing or incorrect information.

2. Do you offer state-of-the-art mapping tools?

A map should offer aerial views to make it easier to find difficult properties. This

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reduces processing time, as well as ensuring that the correct properly location is plotted.

up-to-date. Ensuring data is comprehensive will help to avoid defects. Searches should be Search Code Compliant.

3. Are you a member of a search code compliant regulatory body?

8. How proactive are you?

Lenders accept searches from search providers if they are part of a regulatory body such as CoPSO. This also offers protection for anyone who relies on the information from the property search reports, as well as ensuring a quality standard throughout the products and services on offer. Membership of a regulatory body gives consumers and property professionals confidence in the data provided.

4. Do you have extended coverage for negligence or omissions?

How much additional cover do you offer?

This gives you reassurance and the confidence to know that you can take out additional, comprehensive cover whenever necessary.

5. How do you add value to specific areas of my business?

Can your search provider go the extra mile and offer you more than just search?

This can take away the administrative burden from you, freeing up your time so you can focus on responding and servicing your customers more efficiently.

6. Are you an NLIS channel?

This is an electronic connection to all local authorities that reduces waiting time and is regulated, again, offering you peace of mind.

7. Are searches accurate, comprehensive and up-to-date?

Ask whether or not the provider uses database information (derived data) or if the information is real-time and fully

Your search provider should work with you to ensure an easy set-up and provide ongoing support. Will they notify you about change of delivery dates, changes in legislation, Law Society guidance notes and proposed changes within the industry? They should be able to support you and keep you up-to-date with the conveyancing market.

9. Do you employ a dedicated personal search team?

They should be able to provide an efficient personal search service, obtaining data from source. This should therefore give you a fast turnaround time and is a convenient way to deliver against your service-level agreements.

10. Do you share performance analysis?

Your search provider should be able to share with you the volume of searches performed, how many have been manually intervened, insight around resolution times, and reasons for delays.

Your search provider should be able to answer these questions with ease. If they’re able to confirm each of these points, it will enable you to maintain a search process that is as stress-free and simple as possible, while helping you run an efficient conveyancing operation.

Call 01732 523952 if you would like to speak to SearchFlow about the services they offer.

Conveyancing

FLOOD RE WHAT’S IT ALL ABOUT? FLOOD RE IS NOT A NEW CONCEPT - THE OUTGOING STATEMENT OF PRINCIPLES THAT THE SCHEME REPLACES HAS BEEN OPERATING SINCE 2000 AND HAD ESSENTIALLY THE SAME GOAL; TO ENSURE THAT PROPERTY IN THE UK CAN BE INSURED, EVEN IN AREAS OF HIGH FLOOD RISK AND WITHOUT EXCESSIVE COST TO THE OWNERS. INDEED, FLOOD RE ITSELF HAS BEEN KNOWN TO BE SUCCEEDING THE STATEMENT OF PRINCIPLES SINCE THE GOVERNMENT AND ABI REACHED OUTLINE AGREEMENT BACK IN JULY 2013.

HOWEVER, AS THE DEADLINE TO LAUNCH THE NEW SCHEME DRAWS EVER NEARER CURRENTLY “SUMMER 2015” - IT’S A GOOD TIME TO TAKE A LOOK AT SOME OF THE FINER DETAIL THAT MAY BE PERTINENT TO LEGAL PROFESSIONALS.

HOW DOES IT WORK?

WHO’S PAYING FOR IT?

One of the over-riding principles behind the scheme is that it should allow the market to operate in a normal manner rather than limiting the consumers’ choice of insurers to a specialist pool. As such, the scheme works by encouraging insurers to compete for business even in high flood risk areas safe in the knowledge that the flood element of the policy is passed into Flood Re.

The insurance industry itself has paid around £10m to set up the scheme, and it will have two sources of income once operational. Firstly, the flood element of policies that are paid into the scheme (as above) and secondly the cross-subsidy that already exists in the market under the Statement of Principles. Home owners in areas outside the scope of the scheme, then, will not see any difference as a result of the changes.

The Flood Re element is organised and priced in bands, based on Council Tax Bands ranging from £210 for Band A rising to £540 for Band G (much lower than would otherwise be quoted without the scheme in place). Band H (and I in Wales) properties, previously announced to be excluded, will now be included within the scheme – the premium threshold will be £800 for a buildings policy or £1,200 for combined buildings and contents policy.

Quotes will happen automatically for the 12% highest risk homes (an estimated 350k properties) and any claim against the policy should be made in the normal manner (with Flood Re reimbursing the insurer behind the scenes) - in other words, the homeowner won’t necessarily even know if their property is part of the scheme or not.

WHAT PROPERTIES ARE NOT INCLUDED? Whilst the scheme will deal with the majority of at-risk properties, there remain some notable exceptions; homes built after 1st January 2009, commercial properties (Flood Re will release clear guidelines for borderline properties such as Bed & Breakfast in due course) and leasehold blocks (although leasehold blocks of three residential units or less may be included if the freeholder responsible for purchasing the insurance lives in the block).

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WHAT DOES IT MEAN FOR CONVEYANCING? The Law Society Practice Note on flooding (section 3.1) states “In all conveyancing transactions, when acting for a prospective buyer, tenant or lender, you should mention the issue of flood risk to your client and, if appropriate, make further investigations.”

The introduction of Flood Re does nothing to alter this statement of best practice, and by choosing an environmental report such as

Landmark Information Group’s Envirosearch Residential, which includes a high level of flood risk screening information about all types of flooding, for every transaction solicitors and conveyancers can easily meet this requirement. That report will highlight, again in line with the Law Society’s advice, where there is a particularly high risk and further investigation is therefore warranted.

Landmark also offers, at no cost, a Report Recommendation Service to all search companies, which highlights at point of ordering a search pack where a more detailed, complete flood risk assessment (which includes clearly mapped data about the likely depth of flooding events along with an insurability statement and access to insurance advice unique to the property in question) should be provided.

In order to avoid having to increase client quotes mid-way through a transaction, it is increasingly becoming best practice to use such a recommendation tool (or, indeed, a dedicated quoting system as offered by a number of search companies) as part of the standard client acquisition process.

Notices

PRIVATE CLIENT LAWYER

BURLEY & GEACH RESIDENTIAL PROPERTY CONVEYANCER

REQUIRED FOR BUSY BOURNEMOUTH OFFICE

Burley & Geach are a well established firm with four offices on the Hampshire/Surrey border. We are currently seeking a full time, experienced, residential property conveyancer to join our small, but busy office in Liphook, Hampshire.

Minimum 5 years PQE. For an application form please contact: Gemma Freeman Practice Administrator Laceys Solicitors LLP Tel: 01202 557256 or email: g.freeman@laceyssolicitors.co.uk

SCOTT BAILEY LYMINGTON PRIVATE CLIENT SOLICITOR/LEGAL EXECUTIVE Scott Bailey, Lymington seek an experienced private client solicitor/legal executive, minimum 3 years PQE to join an expanding department in our busy Lymington office. Excellent prospects for the right candidate.

STEP/SFE qualification an advantage.

Please apply in writing or email with CV to Bruce McGrotty, Practice Manager, Scott Bailey LLP, 63 High Street, Lymington, Hampshire, SO4 9ZT Tel: 01590 676933 or email: bruce@scottbailey.co.uk

MISSING WILLS: Eileen Rose Whatley 51 Ellisfield Road Havant Hampshire PO9 5AY Dob: 8/6/25 Dod: 25/1/15

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The successful candidate will work well as part of a team, both within the conveyancing department (which is spread across the firm’s four offices), and the Liphook Office. However, it is important they are able to work without daily supervision although a strong support network is provided within the conveyancing team. They will have a proven record of excellent service across a full range of residential conveyancing matters (including high net worth transactions), dealing with a large caseload and serving a broad selection of clients, including the elderly.

We are looking for a personable, experienced conveyancer, with good communication and IT skills who is able to develop and maintain good relationships to provide a tailored, superior service to the firm’s clients.

Competitive salary and benefits available.

Please send CV’s to angela.church@burley-geach.co.uk