LAWYER SHROPSHIRE
NEW PRESIDENT LUCY SPEED
THE PRESIDENT'S ANNUAL DINNER 2023
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WINTER 2024 THE OFFICIAL JOURNAL OF THE SHROPSHIRE LAW SOCIETY
SHROPSHIRE LEGAL NEWS SHROP SHIR E L AWYER XX
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CONTENTS
PUBLISHER Ian Fletcher Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com
CONTENTS 05 President’s
ACCOUNTS DIRECTOR Joanne Casey
Foreword
SALES DIRECTOR Karen Hall
06 Your Committee
STUDIO MANAGER John Barry MEDIA No. 2007 PUBLISHED January 2024 © The Shropshire Law Society Benham Publishing Ltd.
05
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. DISCLAIMER The Shropshire Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.
14 Lanyon Bowdler
celebrates excellent showing in prestigious national law guide
08
15 Events
16 16
Introducing Your Newly Elected President of the Shropshire Law Society For 2023/24
24 The President's Annual
COVER INFORMATION Photo of Newly Elected President of the Shropshire Law Society Lucy Speed,
APRIL 2024
the Shropshire Law Society
10 News
Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
NEXT ISSUES
08 New Vice President of
Dinner 2023
24
26 Book Review
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SHROP SHIR E L AWYER 3
Thriving After Brain Injury.
Date: Wednesday 6 March 2024 Time: 8.15am to 4.45pm with networking and drinks to follow Venue: Walker Theatre, Theatre Severn, Frankwell Quay, Shrewsbury SY3 8HQ
for professionals (20% discount for NHS and Local Authority personnel)
£25 inc VAT
for charities and private individuals
Thanks to our Sponsors:
4 SH ROP SH IR EL AW YER
*Early bird tickets are now
on sale
*Ticket prices will increase in 2024
£95 inc VAT
INTRODUCTION
President’s Foreword Winter 2024 Danny Smith
I
welcome you to my last President's forward to this publication and last task I will discharge as President. It has been a fantastic year and an absolute honor to represent Shropshire Lawyers in this role. We have had some amazing events and earned hundreds of pounds for my chosen charity of the year, West Mercia Search and Rescue. I cannot thank you all enough for your support, kind words and generous giving of time to support the Shropshire Law Society.
Once again, this edition shows Shropshire Lawyers at their best. It was great to see you all at the President's dinner, you all looked amazing and it was a great night had by all. Please do keep sending in your amazing articles to info@shropshirelawsociety.com.
Danny Smith
President 2022-2023
The Shropshire Law Society is an important institution and I would invite you all to continue your support for it going forward. The new President Lucy Speed has my full support, she will continue the great work we have already achieved.
SHROP SHIR E L AWYER 5
COMMITTEE
Your Committee Danny Smith PRESIDENT PCB Solicitors, Cypress Centre, Shrewsbury Business Park, Shrewsbury danny.smith@pcblaw.co.uk Lucy Speed VICE PRESIDENT Lanyon Bowdler Solicitors, Chapter House North, Abbey Lawn, Abbey Foregate, Shrewsbury, SY2 5DE lucy.speed@lblaw.co.uk Victoria Pugh TREASURER Hatchers Solicitors, Welsh Bridge1, Frankwell, Shrewsbury, SY3 8JY, v.pugh@hatchers.co.uk Robert Adams Wace Morgan Solicitors, 21 St Mary’s Street, Shrewsbury, SY1 1ED robert.adams@wmlaw.co.uk David Raymont MFG Solicitors Padmore House, Hall Park Way, Telford david.raymont@mfgsolicitors.com Jenny Bromwich Shropshire Family Law, 47 Whitehall Street, Shrewsbury, SY2 5AD j.bromwich@shropshirefamilylaw.com Mark Turner Aaron and Partners, Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ Mark.Turner@aaronandpartners.com Samantha Roberts FBC Manby Bowdler, Juneau House, Sitka Drive, Shrewsbury Business Park, Shrewsbury, SY2 6LG samantha.roberts@fbcmb.co.uk Samantha Millea PCB Solicitors, Trevithick House, Stafford Park 4, Telford, TF3 3BA samantha.millea@pcblaw.co.uk
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Charlotte Nutting Roy Thornes Solicitors, Crossway, 156 Great Charles Street, Queensway, Birmingham, B3 3HN CharlotteNutting@roythornes.co.uk Gemma Williams Lanyon Bowdler Solicitors, The Business Quarter, Eco Park Road, Ludlow, SY8 1FD Gemma.Williams2@lblaw.co.uk Christine Rimmer Hatchers Solicitors, Welsh Bridge1, Frankwell, Shrewsbury, SY3 8JY C.Rimmer@hatchers.co.uk Hannah Harrison NFU Mutual, Mutual House, Shrewsbury Business Park, Sitka Drive, Shrewsbury Hannah.Harrison@nfu.org.uk Zoe Smith ORJ Solicitors, Blount House, Hall Park Way Telford TF3 4NQ zoe.smith@orj.co.uk Katie Hughes-Beddows Aaron and Partners, Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ Katie.Hughes-Beddows@aaronandpartners.com Hannah Fynn Aaron and Partners, Lakeside House, Oxon Business Park, Shrewsbury, SY3 5HJ Hannah.Fynn@aaronandpartners.com Nicola Davies Agri Advisor, Glynton House, Henfaes Lane, Trallwng, Powys, SY21 7BE Nicola@agriadvisor.co.uk Gemma Hughes Lanyon Bowdler Solicitors, Chapter House North, Abbey Lawn, Abbey Foregate, Shrewsbury, SY2 5DE gemma.hughes@lblaw.co.uk Rachel Davenport Clarke’s Solicitors 21 High Street , Newport, Shropshire TF10 7AT rachel.davenport@clarkeslaw.co.uk
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SHROP SHIR E L AWYER 7
NEWS
8 SH ROP SH IR EL AW YER
NEWS
NEW VICE PRESIDENT OF THE SHROPSHIRE LAW SOCIETY
K
ate Cooper, Associate Solicitor in the Criminal Department at Hatchers Solicitors, has been appointed Vice President of the Shropshire Law Society. Shropshire Law Society is an important organisation that supports Shropshire’s solicitors locally and nationally, providing specialised training and hosting a range of events for local communities. Kate is looking forward to supporting President Lucy Speed, Partner of Lanyon Bowdler Solicitors, in helping to deliver networking and social events in the local area. On being appointed Vice President, Kate said: “I’m really pleased to be commencing my new role as Vice President. Being able to deliver networking events will ensure that local lawyers can come together to discuss important issues that the legal profession are currently facing, and the social events will offer great fundraising opportunities for local charities.”
”It is an honour have been appointed as Vice President of the Shropshire Law Society for this year. I am particularly looking forward to working with our New President Lucy Speed. We both hope to continue to build on the work already done by previous Presidents and Committees, and hopefully live up to the high standard set! This year Lucy and I aim to focus on promoting the talent we are lucky to have within the county. Lawyers in Shropshire are innovative, tenacious, and often at the top of their fields, and our local firms boast top tier expertise doing fantastic work for clients across the county. Our lawyers are what makes the Shropshire legal community vibrant and exciting to be a part of. I am looking forward to 2024!”
SHROP SHIR E L AWYER 9
NEWS
TOP CLINICAL NEGLIGENCE LAWYER EARNS PLACE ON NATIONAL SPECIALIST PANEL Beth Heath
A
n award-winning Shropshire clinical negligence lawyer has earned a prestigious role on a national panel of specialists who deal with medical accident cases. Beth Heath is head of the clinical negligence team at Lanyon Bowdler and also a partner at the firm. She has established an impressive record specialising in high value, complex cases including birth injuries, maternal deaths and delay in diagnosis. Beth, who was named the 2022 Clinical Negligence Lawyer of the Year, has now been further recognised as one of the leading lawyers in her field by being appointed to the highly specialist legal panel of Action Against Medical Accidents (AvMA). AvMA is a patient-focused charity which helps people who have suffered injury following avoidable medical accidents or errors. The charity looks for solicitors who not only have the highest levels of expertise and experience, but also who are prepared to go the extra mile for their clients. Beth said: "I am delighted to have been appointed to the specialist panel. AvMA is an amazing charity committed to helping people and their loved ones during what is likely to be the most difficult time of their lives. "The charity supports individuals whose lives are often totally devastated by failings and errors, helping them through the process of getting their lives back on track.
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"It is so important that people who find themselves in these circumstances have a voice through a professional who can guide them through the necessary legal procedures in order to get the compensation they deserve, and also to find the answers to questions that may otherwise be denied." Brian Evans, managing partner at Lanyon Bowdler, said: "Congratulations to Beth on successfully applying to join the AvMA Specialist Clinical Negligence Panel - it is a great honour and fully deserved. "AvMA is a charity which campaigns for patient safety and justice for those who have suffered clinical negligence and was the first organisation to develop a specialist clinical negligence panel - a body that has come to represent an essential quality mark for those clinical negligence practitioners who place clients at the centre of their practice." Confirming Beth's place on the panel, representatives from AvMA said: "Beth came across as a very capable, thoughtful and committed lawyer with a strong client focus and a clear commitment to access justice. "Both interviewers were of the view that she was 'one to watch' as a future leader in the field and overall had no hesitation in recommending acceptance of her application." Beth joins fellow clinical negligence specialists, Lucy Small and Emma Broomfield, on the AvMA panel.
NEWS
EMPLOYERS ALERTED TO CHANGES IN LAW OVER DECLARATION OF CRIMINAL CONVICTIONS
A
John Merry
senior lawyer is alerting Shropshire businesses to changes in the law, reducing the length of time before some offenders need no longer declare their criminal conviction to an employer.
For a custodial sentence of up to a year, the disclosure period has reduced to just one year, whereas it was previously two years for a custodial sentence of up to six months, and four years for custodial sentences of between six months and a year.
John Merry, head of the employment law team at Lanyon Bowdler, said it was important for employers to be aware of the changes to the Rehabilitation of Offenders Act which came into effect on October 28. Amendments to the Act are intended to better allow the rehabilitation into employment of reformed offenders, but do not apply to serious sexual, violent or terrorist offences.
For those under 18 at the time of the conviction, half the adult rehabilitation period applies.
John said: "Once a caution or conviction has become spent under the Act, unless an exception applies, it need not be disclosed, including when completing an application for employment or at a job interview. "There are exceptions and they mainly relate to employment in particularly sensitive areas such as work with children, work in law enforcement and the legal system, and high level financial positions. "Since October 28 the changes reduce the rehabilitation period for less serious offences, provided no further offence is committed in that time, and introduce a rehabilitation period for custodial sentences of over four years, which were previously unable to become spent. "The reforms do not apply to serious offences which are never able to be spent or otherwise to roles where basic or enhanced DBS checks are required." Under the new rules, an adult conviction carrying a custodial sentence of over four years, which was previously never spent, is now subject to a new disclosure period of seven years, unless an exception applies.
John added: "The new time periods are extended in the event of re-offending during the declaration period. "Any new conviction attracts its own disclosure period and both the previous conviction and new conviction need to be declared until the end of the original conviction's active period or, if later, the end of the new disclosure period applied to the more recent conviction. "Employers should note that although the Act states that an employer cannot refuse to employ or dismiss someone because they have a spent caution or conviction unless an exception applies, there is no penalty attached to that, and the law does not provide any individual who is refused employment contrary to the Act with any entitlement to compensation or any other remedy. "However, as failure to disclose the detail or existence of spent convictions is not a lawful ground for dismissal, an employer cannot rely on such a failure as grounds for dismissal without notice. "This also means that any employee dismissed for such a reason after they have acquired unfair dismissal protection - which is currently after two years' continuous employment - will be unfairly dismissed." For more employment law advice, contact John Merry at Lanyon Bowdler by calling 01952 211010 or visit www.lblaw.co.uk.
For a custodial sentence of two and a half to four years, where the previous disclosure period was seven years, the new disclosure period is four years, although for a custodial sentence of one to two and a half years, the disclosure period remains unchanged at four years.
SHROP SHIR E L AWYER 11
NEWS
Debbie Humphries, Karen Clarke and Dawn Humphries
INSPIRING STORIES OF THRIVING AFTER BRAIN INJURY TO BE SHARED AT CONFERENCE
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life-changing injury can be devastating - but it can also inspire an incredible response as people thrive in the face of adversity.
A life-changing injury can be devastating - but it can also inspire an incredible response as people thrive in the face of adversity. Shropshire law firm Lanyon Bowdler is bringing together inspiring individuals who have done just that, as part of the ‘Thriving After Brain Injury’ conference. The event is expected to attract professionals working with, and people living with, brain injury from across the country - with former captain of the England and GB hockey team, Alex Danson MBE, and GB paralympic footballer, Jack Rutter, headlining an impressive panel of speakers. Dawn Humphries, head of the personal injury team at Lanyon Bowdler, said: “We are delighted to be welcoming a range of people, some of whom will share stories of incredible courage and resilience, with others discussing the very latest in rehabilitation and support services. “A big thank you to all of our speakers for giving up their time to be part of this important event, and I would also like to thank our sponsors, ARAG, Frenkel Topping Group and No5 Barristers Chambers. “We hope as many people as possible will join us for what is sure to be an inspiring, educational and uplifting day.” 12 SH ROP SH IR EL AW YER
Alongside Alex Danson MBE and Jack Rutter, speakers will include Andrew Worthington, a consultant in neuropsychology and rehabilitation with Headwise, Hannah Wright, a brain injury coordinator and counsellor at Royal Buckinghamshire Hospital, and Daniel Thomas, a qualified music therapist at Chroma. Stephanie Webster, of Frenkel Topping Group, said: “Frenkel Topping are beyond excited to support and attend the upcoming Thriving After Brain Injury conference and to celebrate those who have not only overcome life-changing injuries but have thrived despite adversity. “We’re looking forward to hearing stories and insights from other experts in this industry that will no doubt inspire us all.” William Theaker, practice director at No5 Barristers’ Chambers, added: “We are thrilled to be sponsors of the Thriving After Brain Injury event with Lanyon Bowdler Solicitors. No5’s Henry Pitchers KC and Chris Bright KC join a great line-up of speakers on the day.” Mike Knight, of ARAG, said: “We are committed to supporting and facilitating access to justice through our legal insurance services, so we are delighted to be part of an event like this which will help build understanding of the challenges injured people face. “Lanyon Bowdler is an outstanding firm of lawyers and we are proud to work with them.” The conference will be held at Theatre Severn in Shrewsbury on March 6, 2024, and tickets are available now - for more information visit www.lblaw.co.uk/press-and-events/events-and-seminars
NEWS
X-PRESS PARTNERS WITH LPG TO OFFER LOCAL LAW FIRMS HOME BUYER PROTECTION
X
-Press Legal services has formed a new partnership with LPG, enabling Shropshire conveyancers to mitigate the financial costs of failed property transactions for their clients. As reported by Today’s Conveyancer the average cost of a fall-through during the second quarter of 2023 was £3,394, up from £3,355 in Q1. At the same time, the estimated number of transactions that fell-through in Q2 hit 69,940, a 10.2% increase on the previous quarter. As a leading provider of property searches and reports to the conveyancing industry, X-Press Legal Services is now on a mission to protect conveyancers’ reputations and consumers cash by raising awareness of a little-known insurance product - Home Buyer Protection. The company has announced a strategic partnership with insurance provider LPG to ensure Home Buyer Protection is available to all legal firms that it partners with. Sharing the same values as X-Press Legal Services, LPG is dedicated to building meaningful client relationships. The partnership aims to empower consumers ensuring enhanced protection and peace of mind during the transaction process. “This collaboration with LPG stems from our commitment to ensuring the legal firms we partner with can offer their clients an enhanced property buying experience,” commented David Mermod, owner of X-Press Legal Services Central. “Home Buyer Protection ensures consumers are safeguarded while also promoting confidence and transparency throughout the process. We hope this
additional asset will be welcomed by local law firms who recognise the financial damage that losing out on a purchase can cause their clients. Together, we can make buying a home less stressful for purchasers which is positive news for all parties.” Property transactions entail an array of risks, both known and unforeseen during the 144-day average journey from deciding to buy and property instruction to purchase completion. Home Buyer Protection covers a spectrum of costs associated with the transaction process, including mortgage arrangement fees, professional fees (including legal costs) and disbursements. “Clients will be thanking rather than blaming their conveyancers when transactions fall through, if they have Home Buyers Protection,” added David. “This insurance covers mortgage arrangement fees, professional fees and disbursements, making the loss of a purchase less financially painful and hopefully giving consumers the confidence to retain their conveyancer and start the process again.” Law firms interested in Home Buyer Protection can order it directly via X-Press Legal Services’ Intelligent Conveyancing Online System ICOS or via David’s office. X-Press Legal Services has earned its reputation as a trusted independent property search provider, offering valuable insights and meticulous searches to facilitate informed property decisions. To find out more about X-Press Legal Services Central and the expert property searches they supply, please call 0330 159 5365 or visit xpresslegal.co.uk SHROP SHIR E L AWYER 13
NEWS
LANYON BOWDLER CELEBRATES EXCELLENT SHOWING IN PRESTIGIOUS NATIONAL LAW GUIDE Brian Evans
A
Shropshire law firm has maintained its excellent rankings in a prestigious national guide, with 13 lawyers highlighted as recommended practitioners. Lanyon Bowdler, which has offices across Shropshire, Herefordshire and North Wales, has nine practice areas recommended in the 2024 Chambers UK legal guide, six of which are ranked in the top two bands. The Chambers UK guide ranks law firms based on independent research and interviews with clients, and has been helping people find the best lawyers and firms in the country for more than 30 years. Lanyon Bowdler is celebrating four lawyers ranked in Band 1, four in Band 2, three in Band 3 and two in Band 4, while the firm has three Band 1 practice area rankings, three in Band 2, one in Band 3 and two in Band 4. Brian Evans, managing partner of Lanyon Bowdler, said: “Chambers UK is a highly respected guide and law firms are always very keen to be included because it is shaped by comments from clients themselves, along with independent research and interviews with other professionals. “We are therefore delighted to see nine practice areas and 13 individual lawyers recommended in the guide. It is a great achievement for every lawyer included, but we are particularly pleased to see Will Morse gaining a new Band 4 recommendation in the West Midlands Employment section and Debbie Humphries being included in Band 2 of the guide’s Midlands Personal Injury category. 14 S H ROP SH IR EL AW YER
“It is also great to see the firm’s new listing at Band 3 in the West Midlands Corporate (mergers and acquisitions) section, along with Clinical Negligence, Personal Injury and Family departments maintaining their Band 1 recommendations. “Congratulations to all those who have been included - our significant presence in the guide re-enforces our position as one of the leading law firms in the region.” The full list of recommended lawyers is: Edward Nutting, Agricultural & Rural Affairs (Wales); Beth Heath, Emma Broomfield and Lucy Small, Clinical Negligence (Midlands); Grainne Walters, Corporate M&A (West Midlands); John Merry and Will Morse, Employment (West Midlands); Philippa Pearson, Family/Matrimonial (Hereford & Worcester and Surrounds); Lisa Grimmett and Sue Hodgson, Family/Matrimonial (Shrewsbury & Surrounds); Andrew Pegg, Litigation (West Midlands); Dawn Humphries and Debbie Humphries, Personal Injury (Midlands). The firm is recommended in the following practice areas: Family/Matrimonial (Hereford & Worcester and Surrounds); Family/Matrimonial (Shrewsbury and Surrounds); Agricultural & Rural Affairs, Clinical Negligence and Personal Injury (Midlands); Agricultural & Rural Affairs (Wales); Litigation, Employment and Corporate M&A (West Midlands).
EVENTS
WATCH THIS SPACE! Upcoming Events in 2024, Further Details To Follow
QUIZ!
•QUIZ •LEGAL WALK •BOWLING
SHROPSHIRE JUNIOR LAWYERS DIVISION Our Annual General Meeting and quiz will be hosted on 24 January 2024. 8pm Start. At the Corbet Arms, Shrewsbury SY4 4SN Please come along to welcome your new Shropshire JLD Committee and raise some funds for Shropshire Mental Health Support. Quiz teams are up to 4 people and payment can either be made on the night or via bank transfer. SHROP SHIR E L AWYER 15
ARTICLE
16 S H ROP SH IR EL AW YER
ARTICLE
INTRODUCING YOUR NEWLY ELECTED PRESIDENT OF THE SHROPSHIRE LAW SOCIETY FOR 2023/24
T
he Shropshire Law Society, by unanimous vote elected Lucy Speed as President for 2023/2024. Lucy has been an active member of the committee and is committed to serving the interests of Shropshire Lawyers. Following a BA in History, Lucy qualified as a solicitor in 2014. Lucy specialises in Court of Protection work and mental capacity issues, in particular dealing with clients who have suffered brain injuries. Lucy's experience includes the management of professional deputyships including cases with high-value litigation claims, statutory wills, dealing with the authorisation of gifts, and both lay and professional applications to the Court of Protection with regard property and financial affairs as well as health and welfare. Lucy has particular expertise in complex cases and heads a team within the established Court of Protection department at Lanyon Bowdler. Lucy is a member of the Court of Protection Practitioners Association and the Professional Deputies Forum. Outside work, Lucy is a qualified swimming instructor. Lucy also deals with our work experience programme at Lanyon Bowdler and runs our mock trial program in conjunction with other staff.
”I am so pleased to have been appointed as President of the Shropshire Law Society for this year. I hope to continue to build on the work already done by previous Presidents, and hopefully live up to the high standard set! This year I want to focus on promoting the enormous talent we are lucky to have within the county. Lawyers in Shropshire are innovative, tenacious, and often at the top of their fields, and our local firms boast top tier expertise doing fantastic work for clients across the county. Our talented lawyers are what makes the Shropshire legal community vibrant and exciting to be a part of. I am very much looking forward to the next year!”
Legal 500 Recommendation Lucy is a Recommended Lawyer in the 2023 edition of The Legal 500. SHROP SHIR E L AWYER 17
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6 key reasons why SME law firms should develop a sustainability strategy for 2024
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s environmental, social and governance (ESG) issues become a priority for businesses the world over, sustainability and ESG planning are important considerations for SME law firms. According to the Sustainability Accounting Standards Board (SASB) who identify key areas of ESG risk by market and discipline, there are a number of concerns that SME law firms should be considering including environmental ones over power and resource usage, carbon emissions, issues around data security, diversity, equity and inclusion, employee recruitment and engagement, business ethics, professional integrity and governance.
Though these concerns may sound like they apply more to big business and large corporate law firms, more than 90% of global companies are SMEs, and are responsible for 60–70% of global emissions. In the UK, almost 50% of law firms are small firms and a further 30% are medium-sized firms. As we look forward, here are six reasons why SME law firms should develop an ESG strategy. 1. To keep ahead of upcoming ESG and sustainability legislation Although smaller businesses and smaller law firms are not yet specifically bound by ESG legislation, the landscape is changing quickly with the introduction of the new ESRS which will impact SME law firms and other businesses working for larger Europe based companies. All these businesses will be asked to submit detailed data on environmental and social performance. The UK mandatory climate disclosure, TCFD, is now transposed into UK law. SME law firms and other businesses supplying large UK firms will be required to supply detailed climate risk data. 2. To help recruitment and attract top talent 2022’s Global Student Survey by education company Chegg found that 39% of UK students see climate change as one of the top issues for their generation, and Gen Z employees attending job interviews are now regularly starting to ask about green credentials. Deloitte’s 2022 Gen Z and Millennial Survey similarly found that climate change and protecting the environment is the number one concern of Generation Z, and the number three concern for millennials. These generations in particular value employers that prioritise ESG because it demonstrates that the company is committed to making a positive impact on society 18 S H ROP SH IR EL AW YER
and the environment. By 2025, millennials will make up around 75% of the total workforce. Law firms focusing on their ESG initiatives will be seen as more innovative and forward thinking and attract and retain the best talent. 3. To attract more clients and boost firm reputation Top business executives are now committed to environmental sustainability, with more than 80% of business leaders concerned about climate change and are determined to take serious action. Customers prefer to select businesses with strong sustainability credentials, and this includes service industries such as law, even smaller law firms. Some UK law firms are already very much ahead of the curve and have become Certified B Corporations – a status which not only means that everyone can see they are serious about the environment, but will also ensure their firm is more likely to attract and win lucrative business in the future. Clients view law firms that prioritise ESG as more socially and environmentally conscious, and want to instruct and work with law firms that share their values. This alignment can foster trust between the client and the law firm and improve overall client experience. 4. To increase business profits Successful sustainability planning by SME law firms requires reducing the duplication of work, the resources used and the energy used when running a practice. This not only contributes to cutting costs but supports increased productivity and profit. The right thing for people and planet can also be the right thing for business profit. The financial and environmental effects of digitalising paper documents in the legal sector – a study funded by the European Commission Low Carbon initiative and the Liverpool City Region – found that medium-sized law firms could save around £400,000 every year and reduce carbon emissions.
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AML breaches hit the headlines again.
at K m ' I , i H
Is your law firm compliant? This month HMRC published details of hundreds of businesses fined a total of £3.2 million for breaching anti-money laundering rules. The high-ticket sums involved in property transactions puts the conveyancing sector in the high risk category – a fact not lost on insurers, with law firms that work on property transactions paying much higher professional indemnity premiums than those that don’t. The good news is…we’re here to help with our comprehensive portfolio of the very best services and technology solutions to help law firms reduce risk and maximise compliance, while increasing the speed and efficiency of every process and transaction.
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Kate Bould Managing Director Index PI West Midlands
Case Study for our Index Complete Compliance Solution service Actions:
Following a Free Compliance Health Check for our client, the report recommended implementing Digital AML and Source of Funds solutions, which we then did.
Outcome:
As a direct result, in October 2022, the client saved 9% on their PII renewal (nearly £7,000) versus their previous year’s premium.
Free On-demand Webinar Index with The Law Society With our expertise in compliance, last month The Law Society invited us to host a webinar entitled Unknown Risks – A step-by-step Guide to Financial Crime Prevention.
Avoid AML breaches with our Complete Compliance Solution One of the ways we can help is through our Index Complete Compliance Solution, a service more and more law firms, not just here in Shropshire, but across the whole of England and Wales, are tapping into. Having supported The Law Society on their Conveyancing Quality Scheme since 2021, we’re perfectly placed to advise and guide clients on the systems, processes and technology they need to have in place to not only avoid AML breaches but to be audit-ready for regulators. Recently, the Compliance Officer for Legal Practice (COLP) at a law firm we started working with in November summed up this service as being “a huge weight off our shoulders.” I think your law firm would feel the same way.
Chris Speakman 20 SH ROP SH IR EL AW YER
Topics included: • AML risk, ‘safe harbour’ solutions & ongoing monitoring • Source of Wealth & Source of Funds • Know your Client & Know your Business • Running Sanctions & PEP checks on new & existing clients • International & Domestic checks – when to use & risk explained
Watch now on The Law Society website: lawsociety.org.uk/events/recordings
My Legal Indemnity Shop save time & ensure compliance Moving away from AML but still with compliance, our recent launch of My Legal Indemnity Shop from Index West Midlands has drawn rave reviews from users. The new comparison website for indemnity insurance lets you compare the costs and features of up to 4 quotes from major competing ‘A’ rated insurers, in less than 60 seconds!
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Until Next Time… Follow us on LinkedIn Our regional LinkedIn page highlights new housing schemes in our region with conveyancing opportunities, national and regional property sector news, invitations to our free and on-demand webinar programme and much more besides.
If you’d like to talk to me about any compliance challenges you’re having and hear more about how our services and technology solutions can help, I’d love to hear from you.
e. katebould@indexpi.co.uk t. 0121 546 0377 Best regards
linkedin.com/company/index-wm
d l u o B e Kat d l u o B e Kat
Best regards
www.indexpi.co.uk
linkedin.com/company/index-wm
SERVICE, TECHNOLOGY & COMPLIANCE
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THE PRESIDENT’S ANNUAL DINNER 2023
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t was a great night had by all at The President’s Annual Dinner 2023.
Robert and Debbie are passionate about their travels and this trip incorporated 2 distinct bucket list destinations. Robert had always wanted to do the 4 day Inca Trail walk through the Andes to end at Machu Picchu and Debbie had
always wanted to go to Easter Island to see the Moai statues. “It made sense to do both together in view of the distances from the UK and the relative position of each to the other” said Robert, “although its all relative as Easter Island is actually 2,500 miles from Peru/ Chile coast which is the nearest point to it in the South Pacific”. “It was unbelievable experience in all respects – the itinerary was relentless but the scenery and spectacle was unforgettable” “All very different from Peru and much less tiring! As memorable as Peru though but in a completely and mysterious way. “ “On our travels we encountered different people and cultures, all warm, friendly and genuinely pleased to see visitors to their countries after so long a period when the pandemic travel restrictions made life so difficult for them. The food throughout our trip was exceptionally good and see now why Peru particularly has acquired such a great culinary reputation worldwide. Ceviche and Pisco Sour are now household staples with us!” All in all everything we hoped it would be and more – we will never forget it and it has whetted our appetite for a return visit to South America.
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THE PRESIDENT’S ANNUAL DINNER 2023
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THE PRESIDENT’S ANNUAL DINNER 2023
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Sinclair On Warranties And Indemnities On Share And Asset Sales 12th Edition
Private International Law In English Courts
By Robert Thompson
By Professor Adrian Briggs KC
A PROMISE MADE IS A DEBT UNPAID’: THE SIMPLIFICATION OF A RANGE OF COMPLEX ISSUES RELATING TO WARRANTIES, NOW IN THE NEW TWELFTH EDITION OF THIS DEFINITIVE TEXT
HOW DOES PRIVATE INTERNATIONAL LAW WORK IN ENGLISH COURTS POST-BREXIT? READ THE DEFINITIVE WORK ON THE SUBJECT: NOW IN A NEW SECOND EDITION FOR 2023
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
Y
es, fundamentally a warranty is a promise. Or, as Robert Service, ‘the Poet of the Klondike’ once wrote: ’a promise made is a debt unpaid,’ thus summing up with stunning simplicity, the essence of warranties. Well, he was a banker, wasn’t he? And a Scottish one to boot. Not surprisingly, he left the gold and the cold of the Klondike for retirement on the French Riviera, mainly financed, it is said, by the royalties earned from that slender and wildly popular volume of verse of his, entitled ‘Songs of a Sourdough.’ A lot more recently, it has also been pointed out that a warranty in an insurance policy, for example, is a promise by the insured party that the contractual statements made therein are true. However, the almost infinite variety, scope and complexities of warranties and their attendant legalities would fill a book -- and that is precisely why ‘Sinclair on Warranties and Indemnities on Share and Asset Sales’ has become, over the decades (since the eighties at least) the definitive work of reference on this often-abstruse topic. Now it has arrived in a new twelfth edition from Sweet and Maxwell and, as General Editor Robert Thompson explains, it ‘reflects the changes in law, conventions and practice’ that have occurred since the previous edition published in 2020.’ Certainly, the past three years of upheaval -- caused primarily by the Covid-19 pandemic -- have wrought profound changes indeed, hence the utility of this book, which as the title indicates, focuses on warranties and indemnities on share and asset sales. The book is nothing if not broad in its scope. In particular, a key chapter for those needing information on share sales offers pertinent information and advice, including analysis of the remarkably broad range of individual warranties which are discussed under a broad range of categories, including accounts... finance... trading and contracts... environmental... employment... and pensions. ‘Assets’ of course comprise an interesting category that encompasses Intellectual Property rights, and IT systems, not to mention Covid 19 insurance and money laundering. The book, as the author points out, ‘is intended to be a practitioners guide, rather than academic treatise,’ containing as it does, ‘insights from both a purchaser and vendor viewpoint’ while at the same time stressing the insights and techniques needed for informed and ultimately successful negotiation, in an area of law in which ‘knowledge is power.’ The book’s research resources are therefore useful, if not essential, including extensive tables of cases, statutes, and statutory instruments. And for easier navigation, there is a detailed table of contents, four appendices and an index of over twenty pages. Also, digital access to precedent content is now provided on the eReader platform (ProView). As a practitioner’s guide to this unarguably complex area of law, this Moai headexcels. in the quarry book certainly ■ 26 SH ROP SH IR EL AW YER
2nd Edition
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator
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he publication of this new edition of ‘Private International Law in English Courts’ from Oxford University Press, part of the Oxford Private International Law Series -- is nothing if not historic when you consider that the first edition was published eight years ago in 2014.
Since then, the world in general and the United Kingdom in particular have had to tackle one upheaval after another, starting with the Brexit vote in 2016, the impact of which was exacerbated by the dismaying and disruptive effects of the Covid 19 pandemic. But, as is pointed out in this latest edition of this important and authoritative work of reference, it is Brexit, which (as expressed in the Series Editors Preface) confronts us with the necessary task of ‘re-surveying and re-building the landscape of the conflict of laws in England and Wales.’ In addition, that the book’s erudite author Professor Adrian Briggs KC has undertaken ‘the role of chief surveyor painstakingly charting the shoreline to see what the receding tide of European legislation has left behind and seeking to build around it with the materials... offered by our own constitutional order: shattered statutes, complex rules of procedure and an ever-growing mass of cases.’ And he does it very well indeed. With these bewildering realities in mind, how does one cope? Or, in the words of Professor Briggs, ‘how... does it feel to have taken back control?’ Obviously, there is no simple answer out there to this conspicuously complex -- and by now, oft repeated -- question. Indeed -- and obviously, there is a multiplicity of answers to a multiplicity of questions linked to the complexities of this issue. What this book does is to provide practitioners with the insights, the guidance and the techniques needed to function successfully within the new landscape of international law. This new edition, says the author, aims ‘to show and explain how private international law works in English courts, using the jurisprudence to help to paint, rather than to overwhelm, the picture.’ Certainly, this distinguished text delivers plain speaking, thought provoking and practical content. Copiously footnoted throughout, it features logical aids to navigation, including a detailed table of contents, (plus a summary of contents) and a fourteen-page index. Its twelve chapters cover every pertinent aspect of what an intrinsically complex area of law is, including: tools and techniques... jurisdiction... ancillary measures... foreign judgments... contractual obligations... noncontractual obligations... property... corporations... adults... children... and finally, arbitration. Also note the more than forty pages of tables of cases and of legislation. Practitioners in international law everywhere will no doubt regard this book as an essential purchase. ■
BOOK REVIEW
Negotiating Technology Contracts 2nd Edition
A Practitioner’s Guide To Inheritance Act Claims 4th Edition
By Kit Burden, Mark O’Connor and Duncan Pithouse
By Nasreen Pearce
TOP PROFESSIONAL ADVICE ON THE SUBTLE AND PROFITABLE ART OF COPING WITH TECHNOLOGY CONTRACTS -- NOW IN A SECOND EDITION An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
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s technological change looms ever larger, faster, and increasingly complex, this book -- now in a new edition -- becomes all the more essential for practitioners tasked with the ups and downs and ins and outs of negotiating technology contracts. To say that they’re difficult to negotiate is something of an understatement.
All the better then, that the three authors of this well-established legal text -- all from DLA Piper -- have now collaborated in producing its new second edition from Globe Law and Business. Their stated aim is to ‘help you navigate safely and successfully through the negotiation maze.’ And a fair bit of a maze it is too, considering the ubiquity and complexity of the subject matter.
A TAX WE SHOULD ABOLISH? WELL -- NOT YET. MEANTIME, PRACTITIONERS IN THIS AREA SHOULD READ THE NEW EDITION OF THIS GUIDE An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator
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awyers dealing with inheritance tax issues (and they are out there aplenty) would be wise to acquire this long established and eminently useful title -- now in a new and extensively updated. fourth edition from Wildy, Simmonds, and Hill.
The author -- Her Honour, Nasreen Peace -- is a retired judge, well known to the Bar and Wildy, and particularly expert in this challenging, controversial area of law. The guide therefore offers practitioners a detailed and authoritative guide to the provisions of the Inheritance (Provisions for Family and Dependence) Act 1975, with reference to subsequent and recent legislation which is discussed and analysed in detail.
The overall aim is to help negotiators gain a full appreciation of the nature of the underlying deal and the true commercial needs of the contracting parties involved. Compliance with the relevant laws and regulations is of course a key issue, particularly the ramifications of changes to the law and also the key question of which jurisdictions are being referred to.
The Act itself, as the author points out ‘has been amended over the years to meet the needs of an ever-changing global society,’ notably the now varied forms of family and the extension of the non-traditional family -- a prime example of this being same sex relationships. Usefully, the book provides a step-by-step guide to the preparation of cases under the Act and the practice and procedure required to process an application through the courts.
Across its twenty-four chapters, the book delivers considered and informed advice on a wealth of other key issues, including such relatively recent developments as cloud-based services and the impact of artificial intelligence (AI) on contract provisions. The book is reassuringly practical in that it tells you what you need to know and what you need to do, as you approach that formidable negotiating table. Chapter topics range from due diligence to service provision, to warranties and of course much more.
The book deals with every conceivable aspect of this complicated area of law which, to the advantage of the practitioner, delivers informed comment, as well as fascinating reading, supported throughout by a wealth of references to cases. Also contained in this updated edition are detailed discussions of a range of issues that have relatively recently emerged: crypto-currencies and crypto-assets, for example and the increasing importance of -- and often the necessity for -- negotiation and mediation.
Helpfully, there is useful commentary on such issues as, for example, intellectual property and cloud services, plus comment on the different types of technology contracts and the various approaches you are likely to encounter in Europe, the UK and the US. The advantage here is that the various types of technology contracts are carefully examined -- and also note the final chapter on handling -- or coping with -- the dreaded eventualities of managing contract disputes.
With its detailed index and table of contents -- and of course, numbered paragraphs throughout -- the book is easily navigable as are all Wildy guides. Note the tables of statutory instruments, guides, codes of practice and international materials. All but one of its thirteen chapters feature an introduction and the chapters themselves cover every relevant aspect of this minutely detailed legal landscape which, more often than not, demands an erudite, precise, and yet sensitive approach to sensitive and often complicated issues, such as -- for example -domicile, time limits, eligibility, grounds for making a claim and so forth. Note too, the three appendices which include legislation, precedents, and practice guidance. ■
As technology progresses ever faster and further into an era in which AI, for example, will increasingly dominate, this book provides the beleaguered negotiator with essential and much needed advice and guidance. No one involved in the complexities of this fraught and fast-moving area of law should be without it. ■
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