SURREY LAWYER AUTUMN 2018 by Benham Publishing Limited

LAWYER SURREY

The Official Journal of THE SURREY LAW SOCIETY

AUTUMN 2018

SLS Legal Awards 2018 see Pages 9-12

Inside this issue:

■ FREE WILLS/ LEGACIES ■ CONVEYANCING ■ SOFTWARE ■ NEWS

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

Introduction

4 5 6 7

List of Officers President’s Jottings SLS CPD PROGRAMME 2018 CEO Report

9-12

SLS LEGAL AWARDS AND ANNUAL GALA DINNER 2018

14-17

Local News

SLS Events

SLS Insight- Victoria Clarke

Awards Local Issues

ADVERTISING AND FEATURES EDITOR Anna Woodhams

SLS Events

STUDIO MANAGER John Barry

Spotlight On

ACCOUNTS

Joanne Casey

Reports

MEDIA No.

22 23

Council Member’s Report Law Society Report

September 2018 © The Surrey Law Society - Benham Publishing

LEGAL NOTICE

25 25

How can we avoid being a boring speaker? Let’s explore our cavities... Selling a business? It’s all in the planning Commentary by Haroop Ahluwalia of Mundays LLP regarding the Owens v Owens case

1575

PUBLISHED

© 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.

Articles

Conveyancing

27 28

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

DISCLAIMER

Software

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

LEAP reaches 10,000 UK users

”Why is it always...?”

32 33

Where there’s a will, there’s a way A legacy for the future at the Royal Botanic Gardens, Kew WILL AID 30 years of changing lives A love that lasts forever

Property

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.

Free Wills/ Legacies

34 35

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

Health 36

Working outside office hours? It could greatly put your employees’ mental health at risk

How far back can I trace my ancestors?

Outsourcing your cashiering? Why choose Quill?

Busy Bees? Continuous Improvement -work smarter not harder

INSIDER TRADING AND MARKET MANIPULATION THE TAXATION OF PRIVATE PENSION SCHEMES AND THEIR BENIFICIARIES

COVER INFORMATION The cover image: The SLS Legal Awards 2018

Copy Deadlines Winter 2018 Issue 5th December Spring 2019 Issue 14th March Summer 2019 Issue 14th June Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline. Email:

anna@benhampublishing.com

Tel:

0151 236 4141

Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Hilary Underwood, before copy deadline. Email:

hilary.underwood@surreylawsociety.org.uk

Tel:

0333 577 3830

Interaction is key to getting the most out of your CPD How price transparency helps reach 59% of home movers searching for a conveyancer Network Rail Lose Appeal in Japanese Knotweed Case

Wills and Probate Employment

Finance

Book Review 42

SURREY LAWYER 3

OFFICERS

KEY OFFICERS President JAMES SCOZZI Elite Law Solicitors 1 Fetter Lane London EC4A 1BR DX: 14 London Chancery Lane Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

MARK GOUGH Solicitor 22 Woodlands Road, Little Bookham, Surrey KT23 4HF Tel: 01372 230786 Email: mark@markgoughlaw.com

SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk

MAREK BEDNARCZYK Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: msb@hartbrown.co.uk DANIEL CHURCH Kingston Smith LLP Devonshire House, 60 Goswell Road, London, EC1M 7AD Email: DChurch@kingstonsmith.co.uk

Vice President VICTORIA CLARKE Stowe Family Law LLP The Bellbourne 103, High Street Esher, KT10 9QE Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk

MUMTAZ HUSSAIN The Legal Consultant M: 07983 488 351 mumtaz@thelegalconsultant.org.uk MARALYN HUTCHINSON Kagan Moss & Co 22 The Causeway Teddington TW11 0HF Tel: 020 8977 6633 Fax: 020 8977 0183 Email: maralyn.hutchinson@kaganmoss.co.uk

Hon Secretary KIERAN BOWE

JOHN PERRY Palmers Solicitors 89-91 Clarence Street Kingston upon Thames, KT1 1QY DX 31524 Kingston upon Thames Tel: 020 8549 7444 Fax: 020 8547 2117 Email: john.perry@palmerssolicitors.co.uk Chief Executive & Magazine Editor HELEN OPIE Surrey Law Society c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: helen.opie@surreylawsociety.org.uk

SUB COMMITTEES CONVEYANCING & LAND LAW Gloria McDermott Maralyn Hutchinson

Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames

GLORIA MCDERMOTT Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, Surrey KT1 1QN DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com

STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Daniel Church James Scozzi Marek Bednarczyk

Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk

Hon Treasurer

JULIE ROWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2023 Email: Julie.Rowe@russell-cooke.co.uk GERARD SANDERS Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: gts@hartbrown.co.uk

NICK BALL Howell Jones Solicitors 75 Surbiton Road, Kingston upon Thames, Surrey, KT1 2AF

IAN WILKINSON The Castle Partnership 2 Wey Court, Mary Road, Guildford, Surrey GU1 4QU Tel: 01483 300905 Email: ian@castlepartnership.co.uk

DX: 57715 Surbiton Tel (Office): 020 8549 5186 Tel (Fax): 020 8549 3383 Email: nick.ball@howell-jones.com

SOCIAL Daniel Church (Chair) Gloria McDermott John Perry* Julie Rowe *Non-Committee Member.

YOUNG SURREY LAWYERS Madeleine Gooding (Chair) Imogen Heywood Jessica Morton Will De Fazio-Saunders Alexander Bishop Victoria Clarke Email: youngsurreylawyers@hotmail.com Twitter: @YSL_Live LinkedIn: linkedin.com/groups/4515609

membership details Annual Subscriptions:

£98 per person, per year.

Corporate Subscriptions:

£1,850 per year (20+ fee earners)

Solicitor

£60 (not in private practice)

Solicitor

£35 (not practising)

Honorary Membership:

free

Associate Membership:

free - no voting rights

4 SURREY LAWYER

To apply for membership please contact: Hilary Underwood, Chief Executive Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Email: hilary.underwood@surreylawsociety.org.uk Tel: 0333 577 3830

EDITORIAL

Presidentâ&#x20AC;&#x2122;s Jottings Autumn 2018 These are the final jottings I will be writing as President before the AGM in November when Victoria Clarke will become the youngest ever President of the SLS.

I am writing these a mere day after the inaugural legal awards and gala dinner which by all accounts was a great success. Firstly, let me start by congratulating the winners of the eight awards. The quality of the submissions presented to the judges was of the highest calibre and the winners should be very proud of their success not only because the awards were thoroughly deserved but also because it helps greatly in promoting the great legal talent Surrey has to offer. A special mention must go to Alistair Logan OBE who submitted a nomination for the Client Care Award. The strength of his nomination was such that a Client Care Award was not sufficient to fully recognise the work he has done over the last forty years. It was for that reason that, with the support of the judges, we introduced the Special Recognition Award. The fact that this was presented to him by one of his oldest friends, Joshua Rozenberg, made the moment that much more special. Secondly let me thank Helen Opie and the committee (particularly Kieran Bowe, Victoria Clark and Nick Ball) for all of the hard work they put in not only in supporting the concept of the Awards but also in helping make them a reality. This was no small feat. The Society is always looking to evolve and offer more to its members and the Awards was a testament to that. I spoke to many guests on the evening and they were all very happy and impressed by the quality of the evening, the venue and the calibre of the winners.

nomination process but also the event itself in the future, particularly in relation to the award categories as we plan to introduce, at the very least, Family Lawyer of the Year and Support Team Member of the Year. I will leave Victoria to give further details of her plans when she takes the hot seat in November. The awards of course is not the only thing that comes to mind when reflecting over my presidential year. We introduced a wine tasting social event for the first time in many years which was well received and well attended. We also arranged our first reception at Westminster. This is an event that I will remember for some time given the attendance by the Lord Chancellor and many other MPs which allowed the members in attendance an opportunity to speak to those whose influence is greatest. I would urge as many of you as possible to attend this when it is arranged next year. I genuinely look back at the last year with pride at what has been achieved in such a short period of time and look forward to seeing the Surrey Law Society go from strength to strength and I have no doubt that Victoria Clarke will do a sterling job as the President from November. â&#x2013;

James Scozzi SLS President 2018

As I said above, this was our first ever legal awards ceremony and the learning curve has been steep and no doubt there will be tweaking not only in relation to the SURREY LAWYER 5

EDITORIAL

S L S

C P D P R O G R A M M E 2 0 1 8

All half-day courses will be held at Denbies Wine Estate, London Road, Dorking RH5 6AA from 2.00pm - 5.15pm

AREA

DAY, DATE & TIME

TOPIC

SPEAKER

SPONSOR

Wed 3rd October 2018 (pm)

Protecting the Assets of the Elderly

John Thurston

HFS Milbourne

Man

Wed 17th October 2018 (pm)

Compliance Update 2018

Matt Moore

HFS Milbourne

Man

Wed 31st October 2018 (pm)

Maximising Profits for Law Firms

Peter Scott

HFS Milbourne

2018 CONFERENCE DATES CONVEYANCING & LAND LAW CONFERENCE – TUESDAY, 30th OCTOBER 2018 (NEW DATE) G-LIVE, GUILDFORD – 6 HOURS CPD

Some of the great feedback from this year’s courses Very informative and certainly gave me a lot to think about Useful & interactive Excellent speaker, plenty of information, lots of practical detail Excellent presentation of very interesting subject Compelling speaker, excellent notes A complex subject made to seem easy

CPD Programme 2018-2019

Is there a particular topic that you would like to be included in our CPD programme next year? Is there a specific speaker that you would like to hear present? Topics could cover a particular area of law, new legislation or a variety of soft skills. Please send your suggestions to hilary.underwood@surreylawsociety.org.uk.

6 SURREY LAWYER

EDITORIAL

CEO ReportAutumn 2018 By the time that this issue of the Surrey Lawyer reaches your office I will have started my short break from the Surrey Law Society, and there will likely be a new member of my family keeping me very busy for a few months. I am delighted that while I’m away, Hilary Underwood, will be looking after things, and know that she will do a fantastic job of managing everything during this period. Hilary will be ably supported by Elaine, as I have been, so it’s not all change at SLS HQ.

he last few months have been extremely busy and equally memorable for the Surrey Law Society with the completion of our inaugural SLS Legal Awards and Annual Gala Dinner. We have included coverage and photographs from the event overleaf, but from a personal point of view, I would like to thank all the people who supported the event and contributed to the huge success that it was, including all the nominees, our committee, the venue and other suppliers, and all those who attended on the evening. I hope that everyone who came along had a fantastic evening and would of course like to congratulate our very deserving winners. In the new year, Hilary and I will start putting together plans for our 2019 Awards, which we hope will be even bigger and better than this year’s, so please do keep an eye out for any communication on this via the member news, or on the Awards website (awards.surreylawsociety.org.uk). The awards weren’t our only new event in recent months, and we were delighted to see so many people come to the President’s Wine Tasting and Networking evening at Denbies Wine Estate in Dorking; we hope those who attended found it useful to meet other members of the Society and local Solicitors. Moving forward plans are underway for a Professionals Networking evening on Wednesday 14th November to be held at MetroBank in Kingston and Hilary will be in touch with more details about this in due course. The evening will be co-hosted by the Surrey Law Society and the Institute of Chartered Accountants in England and Wales (ICAEW), which we hope will allow for connections to be made across the two professions as well as including two brief presentations on cybercrime and digital security. Work is already well underway for our 2019 CPD programme and details on this will be made available on our website and in our member news over the coming month. The full programme will also be

included in the next issue of the Surrey Lawyer, so please do look out for that. As always, we welcome your feedback on the courses and events we run, so please don’t hesitate to contact us with suggestions for future topics and speakers, so that we can consider these in our plans. Moving away from events, we are still on the look-out for new committee members and would encourage you to consider whether this might be something you could contribute to. We only meet 4 times a year so as not to impose on your busy schedules too frequently, and alternate our meetings between Guildford and Kingston, to accommodate as many of our members as possible. You will find later in this issue an interview with our committee member and Vice President, Victoria Clarke, who shares a little about the benefits of being involved with the Surrey Law Society, as well as more information on how to get involved, so please do get in touch if you feel that you could join us. I would like to thank you all for your kindness and support since I started at the Surrey Law Society, it’s a real pleasure to work with you and I look forward to resuming our work next year. In the meantime I know that you will be extremely well looked after by Hilary and Elaine, who will be working hard to ensure that you continue to enjoy the benefits of your membership. With very best wishes,

Helen Opie CEO Surrey Law Society t: 0333 577 3830 e: helen.opie@surreylawsociety.org.uk @SurreyLawSoc @surreylawsociety Helen Opie (Chief Executive at Surrey Law Society)

SURREY LAWYER 7

Sharing our expertise.

CPD

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AWARDS

SLS LEGAL AWARDS AND ANNUAL GALA DINNER 2018 The inaugural SLS Legal Awards and Society’s Annual Gala Dinner, sponsored by Index Property Information, were held on Thursday 20th September 2018 at the Mandolay Hotel Guildford, and we were thrilled that over 160 of you attended this very special occasion. The evening provided a fantastic opportunity for members to network with each other and celebrate the exceptional work being carried out by individuals and firms in the county.

e were treated to an excellent after-dinner speech by Joshua Rozenberg QC(hon) who also ably compered the Awards Ceremony, which recognised the outstanding talent and brilliant submissions prepared by our finalists. The evening also included a spectacular silent auction put on in aid of the Princess Alice Hospice, as well as a fantastic magician, who performed close-up illusions for our guests throughout the evening.

Law Solicitors, 1 Crown Office Row and Wilkins Kennedy.

Below you will find details of all our winners on the night as well as photographs from throughout the evening. We have also been preparing a short video that documents the evening and this can be viewed on our Awards website http://awards.surreylawsociety.org.uk. Please do look out for information on the 2019 Awards programme over the coming months, we really would encourage as many of you to engage None of the above would have been possible without the with the process as possible so that we can achieve the incredibly generous support of our sponsors, in particular our headline sponsor for the evening and incredibly valued supporter broadest representation with our winners. It really doesn’t matter if you’re an individual working alone or part of a major firm, of the Surrey Law Society, Index Property Information. Our very special thanks also go out to our other sponsors, HFS Milbourne, anyone can win! Russell-Cooke Solicitors, Eagle & Beagle, DPS Software, Elite

WINNERS LIST 2018 Law Firm of the Year

Client Care Award

• Morrisons Solicitors

• Sushila Abraham (S. Abraham Solicitors)

With BakerLaw LLP being Highly Commended for their submission

Lawyer of the Year

Clin Neg/PI Lawyer of the Year

• Daphne Robertson (DR Solicitors)

• Sarah Corbett (MW Solicitors)

Rising Star of the Year • Bethan Foster (rhw solicitors)

With Emma Potter (Barlow Robbins Solicitors) being Highly Commended for her submission

Private Client Lawyer of the Year • Holly Chantler (Morrisons Solicitors)

Business Growth Award • BakerLaw LLP

Property Lawyer of the Year • Nadine Shouler (MW Solicitors) With Rachel Stewart (Russell-Cooke Solicitors) being Highly Commended for her submission

At the end of the evening, we were delighted to honour long-term member of the Surrey Law Society, Alastair Logan OBE with a Special Recognition Award for Lifetime Achievement, for the 40 years of work he has done on behalf of the Guildford Four. Congratulations to all of our winners!

SURREY LAWYER 9

AWARDS

• Law Firm of the Year Winner Morrisons Solicitors with sponsor Index PI

• Law Firm of the Year Highly Commended Nomination BakerLaw LLP

• Lawyer of the Year Winner Daphne Robertson with Sponsor DPS Software

• Special Recognition Award for Lifetime Achievement Alastair Logan OBE

• Business Growth Award Winner BakerLaw LLP with sponsor Wilkins Kennedy

• Client Care Award Winner Sushila Abraham with Sponsor 1 COR

Clin Neg-PI Lawyer of the Year Winner Sarah Corbett with SLS Vice President Victoria Clarke

• Clin Neg-PI Lawyer of the Year Highly Commended Nomination Emma Potter

10 SURREY LAWYER

AWARDS

• Property Lawyer of the Year Winner Nadine Shouler with Sponsor Index PI

• Property Lawyer of the Year Highly Commended Nomination Rachel Stewart

Private Client Lawyer of the Year Winner Holly Chantler with sponsor HFS Milbourne

• Pictures from the Awards Evening

SURREY LAWYER 11

AWARDS

• Pictures from the Awards Evening

12 SURREY LAWYER

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QU ILL IT! 0161 236 2910 info@quill.co.uk quill.co.uk/quillit

LOCAL NEWS

Bethan Dodd

joins specialist healthcare firm DR Solicitors Specialist healthcare advisers DR Solicitors are delighted to announce the appointment of Bethan Dodd, who joins the Guildford office as a Senior Commercial Real Estate Solicitor.

Photograph: Bethan Dodd

ethan, formerly of Stevens & Bolton, is recognised in the Legal 500 for her ability to communicate complex legal issues to clients in a clear and straightforward manner. Bethan advises clients across a broad spectrum of commercial property transactions, including acquisitions, disposals, leases, new developments and property matters arising as a result of corporate acquisitions and mergers.

DR Solicitors focuses exclusively on advising healthcare providers, and Bethan brings extensive experience of working with primary care providers as well as trusts, public health bodies, healthcare investors and developers. DR Solicitors’ Founder & Senior Partner, Daphne Robertson says she is ‘absolutely delighted to welcome Bethan to our nationally recognised team’ and believes she will ‘play a big part in the continued growth of the firm in this exciting sector’.

Photograph: (L-R) Karen Grimm, Charlotte Thomas, Sarah Anchon

Morrisons Solicitors’ growth continues as firm adds further strength to Private Client Team Morrisons Solicitors are delighted to announce the addition of three new Solicitors to their Private Client Team.

aren Grimm joined the firm in August as a Senior Associate in Morrisons’ Woking office, having previously been Head of Private Client Department at Rowberry Morris’ Reading Office. Charlotte Thomas joined Morrisons’ Redhill office as a Senior Associate in September. Prior to joining Morrisons, Charlotte was a Private Client Solicitor at Irwin Mitchell for three years following the firm’s merger with Thomas Eggar where she worked for five years. Finally, the Court of Protection team were also strengthened in

September by the hire of Solicitor Sarah Ahchoon from Gillhams. Holly Chantler, Head of Private Client, commented: “I am delighted to be able to bring in these three new solicitors to the team. Karen and Charlotte bring with them a wealth of experience to our department and give us further strength and depth across the region. And Sarah joining our Court of Protection team continues our expansion in this specialist discipline – we now have a team of six dedicated to this work”.

Downs Solicitors promote team members A Surrey–based law firm, Downs Solicitors LLP, has announced several promotions reflecting the growth and success of the firm.

n 1st July 2018, Simone Horrobin and Tamsin Reader became Senior Associates whilst Ian Jones and Joanna Pashley were promoted to Associate. Simone undertakes commercial and insolvency-related litigation, whilst her colleague Tamsin, a qualified, non-practising Barrister, deals with the full range of property disputes and related professional negligence claims. Ian is a member of the firm’s Commercial Property Team, dealing with the wide spectrum of commercial property transactions, whilst Joanna specialises in private client work.

14 SURREY LAWYER

In addition, Richard Middlehurst has taken over as Head of the firm’s family department from Andrew Christmas. Chris Millar, Senior Partner said: “It is necessary to see our practice constantly evolve, as the people within the firm are what truly makes it work. I offer my congratulations to all those who have received promotions – may their great work continue. I would also wish to offer my personal thanks to Andrew Christmas for having steered the family department during its growth from two fee earners in Dorking, to its current six fee earners across our three offices”.

LOCAL NEWS

InfoTrack’s ‘Take me to Australia’ promotion returns for a third year InfoTrack have announced the return of their ‘Take me to Australia’ promotion - a prize draw to win a two-week holiday for 2 to Australia.

ith recent announcement of integration partnerships with Perfect Portal and Peppermint Technology, the conveyancing services provider continues to expand their integration network aimed at providing a home for a range of legal tasks. For the chance to win the trip to Australia, InfoTrack customers receive an entry each time they use one of the following four services – AP1, SDLT, eCOS (electronic contract packs), indemnities or corporate services. The more often these services are used through InfoTrack, the more entries users receive.

over 25,000 entries and this year, as we now carry more services, clients using InfoTrack have even more opportunities to win. All anyone requires to enter is an account with InfoTrack.’ Megan O’Neill of Bowcock and Pursaill, winner of the 2017 promotion, says ‘When I received the call to tell me that I had won a trip to Australia, I was completely shocked. We had only recently decided that we couldn't really afford a honeymoon after our wedding and so winning this competition was a dream come true.’

For more information and to find out how Adam Bullion, General Manager of Marketing the promotion works, just visit at InfoTrack comments ‘Previous winners http://www.infotrack.co.uk/takemetoaustralia absolutely love the prize and clients regularly ask whether it will return. Last year, we had

Continued Growth at Charles Russell Speechlys in Guildford Charles Russell Speechlys in Guildford plans significant growth in Autumn 2018. The firm has invested in a record number of talented trainees, with five joining in September to take the total number to ten undertaking their training contracts in the Guildford office. Photograph: David Haines

dditionally, the firm has also announced a 100% trainee retention rate in Guildford, with four trainees qualifying and staying with the firm, Josie MacLeod (Employment), Emma Darwish (Property Litigation), Oliver Park (Property Litigation) and Tom Denham-Smith (Contentious Trusts and Estates). Charles Russell Speechlys is also recruiting a newly qualified solicitor, Leonora Owens, for its growing commercial real estate team. Two legal executives, Jessica Williams and Camilla Bunce have also qualified as solicitors and are taking up Associate roles with the firm in September. Jessica will be joining the Insolvency team, with Camilla joining the Construction and Engineering team.

Charles Russell Speechlys has taken back some additional space at its Guildford office in One London Square to accommodate its growth. David Haines, a Partner in the Guildford office comments, “The Guildford office is extremely proud to have a 100% retention rate for trainees this year and to have recruited ten trainees – a record number for our office. We are delighted to be building a strong pipeline of high calibre lawyers for the future as well as welcoming new talent to the team across a broad range of disciplines. “We pride ourselves on nurturing talent and providing high quality training and exceptional career opportunities. The fact that all of our trainees have chosen to remain with Charles Russell Speechlys is a testament to the opportunities we are able to offer.” SURREY LAWYER 15

LOCAL NEWS

Bestselling Author Adele Parks Opens Guildford’s First Little Free Library Guildford’s first registered Little Free Library – a book exchange scheme for the local community – has opened in the public footbath at the back of One London Square, Cross Lanes Guildford. Photograph (L-R): Hannah Bleach, Charles Russell Speechlys; Greg Bleach, Skillway; Adele Parks; Becky Lawton, Charles Russell Speechlys.

unded and organised by Charles Russell Speechlys in Guildford, the Little Free Library was officially launched on 18 June by multi-million bestselling author and Guildford resident, Adele Parks. Adele has published 17 novels over 17 years – all of which have appeared on bestseller lists. She is a proud Ambassador of The Reading Agency's ‘Reading Ahead’ programme, a scheme that encourages emerging adult readers who are becoming passionate about books, and The National Literacy Trust. The impressive bookcase for the Guildford-based Little Free Library has been designed and built by Godalming-based charity, Skillway which teaches practical workshop skills to disadvantaged or disengaged young people in the local community. Hachette UK, one of Adele Parks’ publishers, provided a range of book covers which have been used to decorate the bookcase. This includes the cover of Adele Parks’ most recent novel, The Image of You. Hachette also donated a range of fiction, non-fiction and children’s books for the launch. According to Becky Lawton, Senior Associate at Charles Russell Speechlys who organised the initiative along with Hannah Bleach, Senior Facilities Assistant at Charles Russell Speechlys, “Little Free Library is a not for profit

organisation which aims to inspire a love of reading, to build the community and to spark creativity by encouraging book exchanges in local neighbourhoods. Charles Russell Speechlys is excited to have established the first registered Little Free Library in Guildford, joining a community of 60,000 similar initiatives around the world. We hope the library is enjoyed by people of all ages in our local community.” Adele Parks added, “I believe reading is a fundamental human right. Amongst many benefits, it gives us opportunities for escapism and is proven to help improve mental health issues. I am really exciting about the Free Little Library in Guildford because it relates to my greatest passion, which is reading. It’s also very much about the local community and I am very proud to live and work in Guildford. I hope people will use the library, bring a range of books to exchange, and let other people share the joy of books which they have particularly enjoyed reading.” Little Free Library is a registered non-profit organisation that aims to inspire love of reading and builds a community. Operating successfully in over 70 countries, it is an internationally renowned “take a book, return a book” free book exchange, open to anyone wishing to take a book or bring a book.

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LOCAL NEWS

Jane Crosby

appointed Partner at law firm Hart Brown Surrey law firm Hart Brown are delighted to announce the appointment of Jane Crosby as Partner, within the Dispute Resolution team

rior to entering into the legal profession Jane worked for a number of years in the aviation industry giving her a real insight into the challenges faced by most businesses. She qualified in 2004 before joining Hart Brown in 2011 and then becoming a Partner in July 2018. Jane specialises in commercial litigation and employment law, acting for both employers and employees in both contentious and noncontentious matters. Alongside this, Jane has carved out something of a niche in the field of mobile homes legislation! Jane writes numerous articles providing industry updates and discussing topics of interest, making her way into both the local and national press. She has also appeared on both local and national radio. “I am really happy to be promoted to a Partner at Hart Brown. I am especially looking forward to making a real difference in a period of change in the legal profession and being an integral part of the successful development of the firm building on the strong foundations of the past.”

Photograph: Jane Crosby

Barlow Robbins strengthens board with appointment of new Non-Executive Director Photograph: Andrew Speers

ndrew has a significant track record of leading and advising on the delivery of growth strategies for a range of organisations. He currently serves as a Board Director at Phoenix FX Limited, a specialist foreign exchange solutions provider, and Managing Partner at advisory firm betterFX. In addition, he as served as an Advisor to the Board at Nicholls Countryside Construction since 2010.

From 2012 to 2017, Andrew was CEO of Petroplan Holdings Limited, a specialist human capital and manpower company servicing the global oil & gas industry, during which time he doubled company margins and delivered the firm’s best financial performance in 40 years. Other experience

On 31 July 2018, leading Surrey law firm Barlow Robbins announced the appointment of Andrew Speers as a Non-Executive Director. includes serving as Founder and Partner of management consultancy Smithbrook Partners Limited and Managing Director of Barclays Global Investors (now BlackRock). He joins the board of Barlow Robbins as it continues to evolve and grow, including a significant expansion of the firm’s corporate capabilities. Most recently, the firm announced the addition of City heavyweight Tim Matthews from Brown Rudnick as a partner in May 2018. Commenting on the appointment, Barlow Robbins Chief Executive Ray Black said:

staff as we continue along our growth trajectory. We are ambitious for the future, and the support and involvement of Andrew in helping guide the business along that journey will prove invaluable.” Andrew Speers added: “Barlow Robbins is an impressive firm with a client offering which is second to none. The firm is well-positioned to capitalise on the strength of that reputation, as well as the vast opportunities in the market. I look forward to contributing to the firm’s success in the years ahead.”

“Andrew is a proven business leader whose perspective and experience will no doubt be of great benefit to the firm, its partners and

SURREY LAWYER 17

SLS EVENTS

SLS

Private Client Conference 2018 Conference Chair and Surrey Law Society Committee member Kieran Bowe rounds up the highlights of the Society’s Private Client Conference held at GLive in Guildford on the 20 September.

here was a very positive mood at the Conference as delegates were greeted by the aroma of fresh pastries and coffee wafting through the lobby area in a welcoming contrast to one the first cool mornings this autumn. Warmed and rejuvenated by caffeine and sugar, and after networking with fellow members, delegates settled into the conference room for the morning sessions. The morning’s sessions focused on taxation, the brilliant Emma Chamberlain OBE of Pump Court Tax Chambers delivered a topical session on tax planning with the family home, Business Property Relief and DOTAS. John Bunker provided valuable practical examples of where life time gifts can benefit clients with particular focus on Residence Nil Rate Band planning. Delegates reconvened after lunch, to a prize draw for a Kindle courtesy of associate sponsor Finders. Caroline Bielanska updated the conference on developments at the Office of the Public Guardian and provided valuable guidance for professional and lay attorneys. Delegates also benefited from essential precedents for inclusion within client instructions for Lasting Powers of Attorney. The penultimate session was both innovative and interactive; Richard Dew, Barrister of Ten Old Square discussed case studies arising from risks in Will

Drafting and Estate Administration. Richard engaged delegates as case studies were discussed in detail; delegates shared ideas for managing professional risks often drawing on experience from previous cases. Associate sponsor Fiona Davies of St James Place brought sparkle to the afternoon session with a draw for Veuve Clicquot. James Lister of Stevens and Bolton brought the conference to a close with a confidently delivered session discussing the rights of beneficiaries of Trusts and Trustee obligations to disclose information to beneficiaries. James can be congratulated for an engaging late afternoon session which included examples of how new GDPR obligations upon firms and Trustees conflict with trust case law, which has evolved over the preceding 300 years. The 2018 conference was topical, informative, and stimulating, delegates will have taken away invaluable tax planning tips and many practical precedents to assist in navigating the increasingly complex and challenging private client arena. Thank you to all who attended and contributed to a great day out of the office. With special thanks to our headline sponsor theweathworks and associate sponsors Finders and Fiona Davies of St James Wealth who’s support make these events possible.

Presidents Wine Tasting and Networking Evening

n 2nd August this summer, the Surrey Law Society was delighted to host its first President’s Wine Tasting and Networking evening at the beautiful Denbies Wine Estate in Dorking. The objective of the evening was to provide a friendly informal forum for our members to socialise and we were delighted that over 30 of you booked to attend. Thanks to the beautiful weather, we were able to host the occasion on the front lawn, overlooking the beautiful Surrey Hills, and guests were encouraged to sample a variety of the vineyard’s classic wines by one of their experts. We are extremely grateful to Index Property Information for their sponsorship of the event, and very much hope that we can host a similar occasion in the near future.

SLS Professionals Networking Event Co-hosted by the Surrey Law Society and the Institute of Chartered Accountants in England and Wales 18 SURREY LAWYER

n 14th November 2018, the Surrey Law Society is delighted to offer its members the opportunity to attend an exciting new networking evening at MetroBank’s premises in Kingston. The event will be co-hosted with the ICAEW and will allow members off both organisations to network across professions. In addition, we hope that the evening will include two brief presentations on cybercrime and digital security, one from the Metropolitan police and the other from the Anti-Money Laundering Department at MetroBank. We will be issuing further information on the event over the coming weeks, so please do look out for these; we would be delighted to see you there.

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SPOTLIGHT ON

SLS Insight We're delighted this issue to feature our future President, Victoria Clarke, Photograph: Victoria Clarke

What position do you hold within the SLS? Vice-President. Why did you join the SLS Committee? To become more active in the Society and meet peers from local firms. What do you enjoy most about being on the Committee? Having access to the latest information about the Surrey Law Society and being able to take part in various events with my colleagues. What are you looking for in new Committee Members? An eagerness to take part in organising events, helping to spread the message of the Society and taking part in the many consultations that we are expected to consider. Tell us a bit about the SLS Legal Awards and why people should attend? Itâ&#x20AC;&#x2122;s a great opportunity for the legal community in Surrey to celebrate their various achievements for the last year. There is no other ceremony of this kind available in Surrey, and so it is a great chance for firms to nominate those that they feel are deserving of a respected accolade. It is also an opportunity for firms who may otherwise not be recognised to be applauded for the hard work that they do. When & why did you become interested in the law? I have been interested in the world of law since I was a small child. I am very fortunate that I have been able to pursue my goal of becoming a Solicitor. What firm do you work at and what is your role there? I work for Stowe Family Law as a Family Solicitor What is a typical day for you at work? I get up at 6am and go for a run as part of my half marathan training. I usually get to the office between 8.30 and 9am when I will have a much needed cup of tea before reviewing emails that have come in overnight. Working in Family Law means that I will quite often get emails over the course of the evening from clients who are working through their paperwork, or in less positive circumstances, because they have had an argument with their spouse and require some advice. Some days I will have to go to Court, and other days I will spend sitting at a desk drafting documentation and generally assisting my clients with their concerns. What is the most enjoyable part of your role? I take a great sense of satisfaction in being able to improve a client's quality of life through my work. Whether that be a parent having more time with their child that they previously thought was impossible to achieve, or the downtrodden spouse who has been controlled for the lifetime of their marriage, suddenly finding their own independence. Watching these transformations in my clients gives me a great sense of job satisfaction and I know that we have been able to improve our client's lives for the foreseeable future. What's been your most memorable career highlight to date? There have ben several cases of child abduction where I have been able to prevent children from leaving the country using a variety of methods including emergency Court orders and Port Alerts. However, I think the most memorable point in my career was a day when I represented a client in Court who had not seen her son for over 18 months because she had had to leave her family home due to domestic violence. She did not have a permanent home and so she had made the difficult decision to leave her son with her ex-partner when she left. That ex-partner had informed her that he would never let her see her

son without a Court Order. I was able to obtain that Order at our very First Hearing and she saw her son 2 days later. This then resulted in a Contact Order which provided her with regular weekly contact with her son. She was transformed from a shadow of herself to a proud mother who was able to give her son the care that she wanted. If she had never come to see us I do not know whether she would have a relationship with her son today. What's been the hardest challenge career-wise? The family law job market has been significantly affected since the introduction of LASPO 2012. The extreme reduction in family legal aid has meant that many family legal aid firms/departments have had to close. As a result we regularly have to turn away clients in private practice because they cannot afford our fees. It is incredibly challenging as a professional to not be able to help people that you wish you could, simply because the legal aid that they should have access to is not there any more. This also means that the Court system is overloaded with litigants in person which makes any progress through the Courtrs frustrating, and any Court Hearings where one party is unrepresented very difficult, What are the biggest challenges facing the legal profession in the next 10 years? Since 2008, the government has sought to make significant cutbacks in its spending. Unfortunately, the legal profession has borne the brunt of that with legal aid cuts across the board as well as little regard for the importance of the legal system. If the Court system as it currently stands continues, then I am concerned about people's ability to have access to justice not just because of cuts to legal aid but also because the Courts will be overloaded with people attempting to resolve their disputes. The Courts are now sending us correspondence telling us that they do not have any dates available until 2019 and there does not seem to be any proactive plan to improve this service. I believe that this will lead to more clients using arbitration as well as other alternatives to dispute resolution. The legal system needs to recognise the changes in the way people are using lawyers and adapt accordingly. What's your favourite film? 9 to 5 If you were CEO of a company name one thing you would make compulsory in the office? A decent coffee machine and strong tea bags. What would you do if you were invisible for a day? I wonder what it would be like to be part of the Royal Family and so I would probably stalk them for the day. If you could have dinner with anyone from history, who would it be? Marco Polo, as I would imagine he has some fascinating stories about the Orient! What's a great book you've read recently? The Shrinking Man - Richard Matheson What do you think is the greatest invention of all time and why? Worldwide Web as it has transformed the way peple are able to speak to each other from across the world and it has helped society to understand other cultures. When was the last time you cried? I cry at the drop of a hat, and so the last time was whilst watching an episode of Friends.

Would you be interested in joining the Surrey Law Society Committee? We meet approximately 4 times a year, alternating between Guildford and Kingston, plus the AGM in November. The main role of the Committee is to oversee the strategic and practical management of the Society. The Officers and Members of the Board work together with the CEO, Hilary Underwood to deliver a programme of CPD and Social Events throughout the year. The Board is responsible for responding to consultations and for lobbying on behalf of the wider Surrey membership. We provide support for members experiencing problems, help them with job searches and assist with complaints.

There are also a number of Sub Committees that report to the Board including: Quo Vadis Strategy Group, Conveyancing & Land Law, Financial and Social. You do not have to be a full Committee member to serve on a Sub Committee. To find out how you can get involved and how you might contribute to the work of the Society, we invite you to come along as an observer to 2 meetings before making any decisions. If you would like to find out more about the work of the Committee or the Society, please do not hesitate to contact Hilary Underwood at hilary.underwood@surreylawsociety.org.uk or complete the application form overleaf.

SURREY LAWYER 21

REPORTS

Council Member’s Report – By the time you read this the summer break and the glorious sunshine we all experienced will be but a distant memory, and no doubt everyone will be working towards the Christmas rush. Photograph: John Perry

lthough there is no formal Council meeting in August there is plenty to report from Chancery Lane. Christina Blacklaws duly became president at the AGM and it is particularly pleasing to note that we have another woman President exactly 100 years since the first lady solicitor was admitted. Unlike Carrie Morrison who had to beat her two other lady competitors in their running race up Chancery Lane for the right to be the very first lady qualifying as a solicitor, Christina was not obliged to undertake any feats of strength or athleticism to defeat her rivals for the Presidency. Simon Davis becomes Vice President and David Greene (who many of you will remember from his television interviews following the Brexit challenge forcing the Government to make a formal decision in Parliament) becomes Junior Vice President. All are very experienced and worthy souls who deserve our fullest support. The Legal Aid battle continues and the Law Society has intervened in a number of cases winning a significant victory over the Government in the latest cuts round. TLS also won a landmark decision on privilege. Maybe we are on the verge of stopping the rot? Watch this space.

The new committee structure is working well, and as Sushila said in the last edition, Paul Tennant is our recently appointed CEO. Council has the utmost faith in him as he was the interim CEO for some time before appointment and has gained the respect of council members and staff alike for his able and steady stewardship. The international team are still wrestling with the Brexit problem which twists and turns like an injured snake. One never quite knows what is going to happen next. The technical committees are looking at it also and issues arise all the time which have not yet been thought of by Government, for instance, will European Wills at present geared to the current arrangements need to be changed after our withdrawal and will it affect Inheritance Tax? Answers on a postcard please. The Law Society term is now in full swing. I observe many of the main boards on behalf of the Scrutiny and Performance Review Committee and a recent development is that the Private Client section is now also sending a representative to the Mental Health and Disability Committee and vice versa which has proved very useful in discussing such things as LPAs.

Sushila and I will continue to report back items of interest and I hope the new style weekly reports from the President which Helen sends out to you all give a good insight into the amount of work that goes on at the Law Society centrally which is colossal, and Council is determined to communicate more effectively with you all so that you can see how your practising certificate money is being spent on your behalf. Finally, I am now in the last year of my second 4 year term as Council member. If anybody would like to talk to me about the role with a view to standing at next year’s election that would be appreciated, as it is a far more healthy process if there are contested elections in all constituencies, which sadly is not the case at present. I end with the usual exhortation to contact me or Sushila with any issues that you have and we will do our best to answer questions with the help of the able and large Law Society staff. In the meantime continue to support your local law society, as Surrey is very well respected at national level and we need to keep it that way!

John Perry Council Member

Surrey Law Society Application Form for Committee or Board Membership

If you would like to apply to join the SLS Board and/or one of our Sub Committees we would be delighted to receive your completed application form (below). Please send to Hilary Underwood, Surrey Law Society, c/o Russell Cooke Solicitors, Bishop’s Palace House, Kingston Bridge, Kingston upon Thames, Surrey KT1 1QN or scan and email to hilary.underwood@surreylawsociety.org.uk. Name

Firm’s Name Postcode

Contact email

Qualification (solicitor, Legal Executive)* Specialism(s)

Year of Qualification

Are You a member of SLS?**

Do you want to join the Board as a Director or serve on a Sub Committee? (please indicate) What area of SLS’s work/which committee(s) particularly interest you? (see Guidance Notes) What particular skills, qualities and experience could you bring to that committee? Whilst it is not essential to know an existing member, do you know anyone on the Board or a Sub Committee? Please provide the emails and/or telephone numbers of two current members of the SLS with whom we may discuss your application.

❑ Yes

Board Only

❑ No

Area of work:

Sub Committee:

Skills: Qualities: Experience:

❑ Yes ❑ No If yes please tell us their names(s): Name 1:

Name 2:

Tel:

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*Legal Executives are eligible to sit on sub-committees

Signature

Please Print name:

22 SURREY LAWYER

Sub Committee Only (Please state)

Email:

**You must be a full SLS member to join the Board Date:

Board & Sub Committee

REPORTS

Law Society Report In this issue, I would like to take the opportunity to let you know about an aspect of our diversity and inclusion work being championed on behalf of our members. Photograph: Bhavni Fowler

Women in leadership in law The Law Society of England and Wales is currently embarking on an ambitious project to ‘move the needle’ in order to level the playing field for women and ensure fair chances to progress into leadership positions. Led by Law Society President, Christina Blacklaws, the ‘Women in leadership in Law’ project builds on work which began in 2008 to assess the role of women in law. Christina commented: ‘The Law Society is committed to representing the legal profession, and diversity and inclusion is at the heart of this.’

Why now? As we approach the first 100 years since women in England and Wales were allowed to practise as solicitors, it is necessary to take stock of the progress that has been made in the profession. Since the first female solicitor, Carrie Morrison, was admitted, it is fair to say that women have taken the profession by storm, with women making up over 60% of new law graduates and new admissions and 50.2% of practicing solicitors.

Statistics However, if we look at the statistics a little closer, it is clear that more still needs to be done regarding women’s representation in leadership levels. Women are still not making it to partner status in equal numbers to men, accounting for only 28% of the 30,000 partners in private practice. Businesses are losing talent as women from age 36 are leaving the profession, often at the point at which they have the skills and experience to become partners. We also know that equal pay remains a problem with pay differentials exceeding the national average. Christina also pointed out that ‘it is essential that the legal community recognises the contribution women can make, and where they are losing talented women, take steps to retain their knowledge and experience. For individuals and business to be truly successful – and desirable to work for – equal treatment and gender balance is a must, to the extent that it is becoming a generational issue.’

A target of 100 focused roundtable discussions will take place across England and Wales this summer to gather qualitative information and lived experiences on the key issues identified in the survey. A guidance document has also been created to support those who would like to host their own roundtables for this purpose. Between October and December, the Law Society will be hosting men’s roundtables for men in senior roles who have the ability to make an impact in their organisation. A number of international roundtables are also scheduled to take place over the next nine months.

And to celebrate the centenary of women in law, and to release the findings from the Women in leadership in Law project’s research, an International Symposium will be held in London in June 2019, tickets for which will be available from the Law Society later this year. Anyone who would like to be part of the Women in leadership in Law Project, or who would like to receive copies of the toolkit and roundtable guidance, is asked to contact President@LawSociety.org.uk If you would like further information on our wider diversity & inclusion work, or any other areas of interest, please do not hesitate in contacting me.

Bhavni Fowler Relationship Manager, The Law Society Email: bhavni.fowler@lawsociety.org.uk Tel - 07773 254 543

Next steps To better understand why women are not making it to the top of the profession at a rate comparable to the numbers who enter the profession, the Law Society decided to explore the issue further. Starting in November 2017, a survey of women in law was launched to gather perceptions on the issues affecting women. Translated into French and Spanish, over 7,700 responses were collected in three months from men and women across the world. The three primary barriers to women’s progression were considered to be: 1. Unconscious bias (52%) 2. Unacceptable work/life balance demanded to reach senior levels (49%) 3. Traditional networks/routes to promotion are male orientated (46%) On a more positive note, the best practice highlighted by the survey was identified as: • Access to mainstreaming of flexible working for everyone at all levels • Mentoring and sponsorship • Networking opportunities • Engaging with men in the equality debate • Promotion and celebration/increased visibility of leading women in law • Role modelling But the Law Society isn’t stopping there. Acknowledging the importance of equal treatment and gender balance in the workplace, the Society has produced a toolkit which is aimed at helping all legal organisations, large and small alike, to accelerate the pace of change. The toolkit empowers women to become change makers in their organisations by including robust business cases for a number of areas as well as providing tangible actions which members can take to support gender equality. The results of the international survey have also provided a launchpad for a series of events to raise awareness and address the barriers which need to be removed to achieve true gender equality.

SURREY LAWYER 23

ARTICLE

How can we avoid being a boring speaker? Let’s explore our cavities… We’ve all been there. In a meeting, a company presentation, a conference. Fighting to keep at least one eyelid open, zoning out as the speaker drones on, and on, in the same tone. It’s the very definition of monotonous; a voice that is unchanging in pitch and without intonation. How can we avoid being that speaker? Let’s explore those cavities….

our voice is an amazing instrument. In the course of a normal working day you deliver important messages, tell stories, mention something that affects you, automatically selecting a voice tone that reflects the message. Yet when we stand up to speak, perhaps to address a meeting, with heart racing and adrenaline flowing, it’s easy to for that automatic voice tone selection ability to switch off now that we are ‘Public Speaking’. 4 Voice Tones So why do anything about it? Surely we want to be more effective when we stand up to speak, to have more impact, to reach our audience? To increase the opportunity of doing more business? Let’s look at 4 voice tones, how we use them in normal life, and straightforward techniques for making them part of our public speaking toolkit. 1) The Head Voice – for stories Here’s the scenario. You’ve got the most amazing, juicy, hot-off-thepress story to tell. You’re in the café / bar with your friends, round the table with your family, or grabbing a coffee in the office kitchen with your colleagues. Do-you-say-it-in-a-flat-mono-tone-voice? No, of course you don’t. Apart from anything else, you’d soon be trumped by someone else’s story! You’re grinning with anticipation, your eyes are shining, your ‘Hey, listen to this!’ is almost delivered from your eyes as you bubble over with excitement…. That’s the head voice. In ‘normal life’ we would automatically take our voice up into our head, up into the cavity that resonates with excitement. So when we want to catch our audience’s attention, impart exciting new information, tell a story about our business, why shouldn’t we do the same? 2) The Chest Voice – for important messages Scenario 2. You’re the Captain / Team Leader, the game is going, shall we say, less than well; there are ‘things to be said’ at half time. I’d suggest you will probably not be speaking in either a-flat-mono-tone-voice, or an excited story voice. No. I can see you now; firm stance, strong chest, powerful delivery, message clear, message understood. That’s the chest voice. Switch scenario now to your Board / Team meeting, where you have a key message to deliver. That’s the voice to use.

3) The Heart Voice – for softer messages Different scenario here. Let’s step out of the office for a moment, into one of those times for grown ups; difficult times of tragedy, pain and heartache. Here the voice is often soft, often gentle; it comes from the heart and resonates with those around us. I recall being on a workshop where we broke into groups to discuss difficult times that involved our families or children, to explore how we use this voice, the heart voice. Sometimes in the workplace there is the need to talk of painful issues, to empathise with our audience. Think of talking from the heart, and (metaphorically) put your voice there. 4) The Gut Voice – the Chairman’s message! We’re back at the conference. Interesting presentations, a brilliant Keynote & workshop on public speaking (I wonder who delivered that…?). It’s time for the Chairman to briefly sum up and send us all on our way. If you are in that role, there may be an expectation on you to deliver something brief, deep, and meaningful. Let’s explore ‘deep’ for a moment; not so much the content – that’s for another workshop - but matching the voice tone to the message we want to deliver, as the nerves of the moment can affect our intonation. Dropping our voice, not in volume but in direction towards our gut as we impart those final words can add a touch of authority to our message, as befits a Chairman. So how do we put this into practise? A practical suggestion. When you are jotting down notes for your next meeting, next presentation, whether a full blown typed up speech or simply scribbles on the back of an envelope, here’s a simple three step process: 1) Take a moment to think about the impact of your words 2) Consider what message do you want your audience to hear? 3) Against that paragraph, pencil the appropriate voice in the margin, and use it. Let me know how it works for you; I would welcome hearing your story!

Ges Ray www.speakinginpublic.info

24 SURREY LAWYER

SECTION ARTICLE HEADER

Selling a business? It’s all in the planning Running a small business can be full of ups and downs with a fair share of blood, sweat and tears on the way – it’s one of the attractions of being your own boss, right? Photograph: John Hutton-Attenborough

owever strong the emotional attachment there comes a time when most owner managers want to realise the fruits of their labour by selling up. Often this decision is prompted by a wish to retire. Whether the exit strategy involves disposing of the business on the open market, selling to the existing management team or taking the family succession route it pays to plan well in advance in order to maximise the true value of the business and secure the best possible price. This approach to pre-planning the exit route also applies to management of funds generated by the sale as John Hutton-Attenborough, Chartered Financial Planner at HFS Milbourne explained: “Quite often a Financial Adviser is only engaged at the end of the process when the proceeds of the sale are sitting in the client’s bank account. But if brought in earlier, a specialist adviser can add real value in two ways. Firstly at the pre planning stage in order to complement the sale of the business and secondly to manage the funds raised so that the client achieves his desired financial goals post-retirement. A key priority is to extract as much capital as possible from the sale in the most tax efficient way. “Many clients, even when selling a business, worry if they will have “enough to live off” for the rest of their lives. Using cash flow modelling at the planning stages reassures clients by allowing us to demonstrate that selling the business is the right solution for them and that the price is right too!” Retirement planning and tax planning are inextricably linked, particularly when dealing with high net worth individuals who often have complex financial affairs. There is a potential risk that without the use of a collaborative team of specialists i.e. Financial Adviser, Lawyer and Accountant, to guide the client through the legislation, valuable tax reliefs could be lost and significant tax liabilities incurred. The main reliefs in this scenario are “Entrepreneur’s Relief”(ER) and Business Property Relief (BPR). The former allows qualifying businesses/owners to potentially only pay capital gains tax at 10% rather than 20% on the first £10,000,000 following the sale of a business. BPR is an exemption for Inheritance Tax (IHT) whereby if the client holds qualifying assets then these are exempt from IHT. Once again careful planning can enable some/all of this to be maintained if estate planning follows as one of the primary objectives post-business sale. “The pre–planning stage needs to be undertaken at the earliest opportunity as timing could be vital in securing the various reliefs,” said John. “For example, moving assets into a pension scheme can take time.

Or if the proceeds from the business sale are likely to be more than £10m and there is an ability to bring other family members into the business in order to qualify for ER, this can be lengthy process which needs to be allowed for.” A further consideration is the impact of the new pension freedom rules which in effect mean that estate planning very much becomes part of retirement planning As such a pension can be left untouched and a program of spending “taxable assets” (proceeds from the sale of the business) can be established to fund retirement needs. If positioned correctly then the valuable allowances mentioned above can be utilised and maintained and proceeds of the sale maximised. “There have been occasions where the sale process has progressed too far and the allowances have been lost and this could impact on the future financial wellbeing of the clients,” said John. In a recent example, the ability to buy out a property by using cash reserves (both of which were not required as part of the sale) enabled the client to improve the prospect of the sale while at the same time consolidating pension arrangements and investing in a valuable asset with a solid income stream (rental income) for the time when they “retired”. If the cash had been distributed to the directors in advance of the sale then there would be significant tax consequences at a time when they did not need the “cash” bearing in mind that the sale proceeds would be paid as a lump sum in due course. A second client case illustrates how a target “income” is delivered by incorporating a number of mainstream investment arrangements to minimise the amount of tax paid, while at the same time reclaiming tax paid over the previous two tax years. In this case a husband and wife were able to enjoy more than £150,000 per annum jointly with the husband only paying tax at 20% at the most and his wife barely paying any tax at all. “So to sum up,” said John, “my advice to any business owner looking to sell up is that it’s never too early to start planning ahead. Time spent up front, both preparing the business for sale and organising finances is an investment which could reap significant rewards post sale, not least a happy client enjoying a comfortable retirement.”

John Hutton-Attenborough Chartered Financial Planner at HFS Milbourne

Commentary by Haroop Ahluwalia of Mundays LLP regarding the Owens v Owens case Although the judgement will have to be unpicked over the coming days and weeks, essentially the Judges have been satisfied that the law has been applied correctly.

lthough the judgement will have to be unpicked over the coming days and weeks, essentially the Judges have been satisfied that the law has been applied correctly. Allowing someone to remain married, when their spouse clearly wants the marriage to end, seems like something out of The Handmaid’s Tale. However, the fact is that the Judges’ hands are tied by the law as made by Parliament. If some good is to come from this case, it will be in pushing forward the no fault divorce debate. What is needed is a fundamental change in how

couples prove their marriage has come to an end, to remove the need for there to be an “offending” party. It’s no secret that divorces are best managed when the separating couple co-operate with each other. However, the current divorce process requires one person to list examples of the spouse’s unreasonable behaviour during the marriage. This is clearly not conducive to creating an environment in which the separating couple can calmly and sensibly figure out how to move on with their lives.

SURREY LAWYER 25

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4.20 Power Stations

uted Areas Air Quality Index: Some Pollut (See 1.25)

This page should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated d with the property. The results should be disclosed to client and/or lender and/or insurer as appropriate. A ‘Pass’ is g given if no p potential p property p y spec p ific risk has been identified. A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, d, or if there are features nearby which some clients might consider could affect them. A ‘Further Action’ is given if there is a potential property specific risk and a further action is advised.

In the event of a request to review the Professio ional Opinion based on additional information, or if there are e any technical queries, the professional advisor who ordered the report should contact us at info@futureclimateinfo.co om, or call us on 01732 755 180.

Regulated by RICS If you rre equire assistance, please contact your Search Provider or alternatively contact FCI directly with your Report ID. Tel: 01732 755 180 | Email: info@futureclimateinfo einfo.com | Web: www.futureclimateinfo.com

AFFILIATE MEMBER

CONVEYANCING

Interaction is key to getting the most of your CPD A

Continuing Professional Development (CPD) is an integral part of any conveyancer’s progression and aptitude, as well as being an effective way to sharing expertise and best practice. Regulatory bodies such as the Council for Licensed Conveyancers and Solicitors Regulation Authority expect property practitioners to undertake CPD activities, as well as reflect on their learning and apply to their day-to-day working life.

ny approach to gaining CPD points is valid so long as the legal professional can demonstrate that it contributes to the service they are offering. Today, participants are overwhelmed with choice as there are a host of activities to choose from, including webinars, coaching / mentoring, courses, research and events – so how best can a solicitor invest their time in CPD? Geodesys – part of Anglian Water and a leading provider of conveyancing searches for residential and commercial properties throughout England and Wales – regularly hosts a series of complimentary CPD events for conveyancers across the country.

about the industry, legislation and products available to them. • Real-life scenarios and case studies are an excellent way to apply learning back in the workplace and show what solutions are available for particular situations. • Event takeaways. Event organisers usually give participants a copy of the presentations and examples discussed to help embed learning when back in the office. • Networking. Events provide the opportunity for delegates to network with one another as well as the presenters, extending the learning potential. • Mix it up. Cover a number of areas and topics in one fell swoop by attending a CPD event which features a mix of different topics.

Worth three CPD points, the popular, interactive events feature industry experts like property market analyst and commentator Kate Faulkner and provide highly informative seminars looking at a mixture of topics such as the threats the modern conveyancer is exposed to and the best tools for remaining compliant. Jane Moir, Associate Solicitor for Sprake and Kingsley claimed one of the events to be: “The best CPD event I’ve attended!”

Conveyancers are extremely busy individuals so it’s important their time is used wisely when investing in CPD training. Events are a powerful way to interact and learn from many different professionals as well as boosting networks, confidence and knowledge.

“Taking time out of the office is often considered an inconvenience for busy professionals, but actually stepping away from the desk away from distractions, mingling with peers and being in a learning environment, means our events offer a wealth of benefits,” says Jonny Davey, Conveyancing Product Manager for Geodesys and regular presenter at events.

Geodesys offers a range of conveyancing CPD options including housing industry updates, regional housing analysis, legislation updates and product training. Look out for their regional events and don’t forget they also organise in-house training to suit the needs of your team. Find out more by calling their customer services team on 0800 085 8050.

• Interaction. Delegates are encouraged to contribute to discussions which helps them benefit from shared knowledge

SURREY LAWYER 27

CONVEYANCING

How price transparency helps reach 59% of home movers searching for a conveyancer According to research, 59% of home movers are getting two or more quotes before selecting their conveyancer as clients look to obtain an immediate quote. Therefore, itâ&#x20AC;&#x2122;s imperative for firms to be able to provide instant quotes at a time that is most convenient to the client.

ather than the traditional methods of phone calls or face-to-face visits, home movers are now seeking digital channels to find quotes online in the evenings and on the weekends, when they are not at work. Adam Cheal, Managing Director of Fletcher Longstaff Limited comments â&#x20AC;&#x153;We are all accustomed to being able to find information that helps make a decision, quickly. Fletcher Longstaff have recently implemented Perfect Portal to help prospective clients who visit our website out of hours looking for information and costs of services. August saw a new record for us with over 50% of quotes being procured through the website calculator. For us, it clearly demonstrates that implementing technology that caters for the home mover is no longer optional for firms.â&#x20AC;? Research demonstrates that home movers want self-serve information and they expect transparency on all the fees for service before making their decision. This supports further research by the CLC that firms who offer an instant conveyancingquote calculator on

TAILORED REGULATION OF SPECIALIST LAWYERS PROTECTING THE CONSUMER SUPPORTING INNOVATION, COMPETITION AND GROWTH

their websites convert more visitors than the firms with just a contact phone number or an email address on their websites. Yvonne Hirons, CEO of Perfect Portal comments, â&#x20AC;&#x153;We can virtually purchase anything online and can track our order using smart devices. Home movers expect the same service experience when they are dealing with a law firm. Figures suggest that when firms are unable to quote immediately, the home mover will move on to a firm who can. Whilst home movers still want expertise, they now expect improved levels of service through technology.â&#x20AC;? Yvonne continues, â&#x20AC;&#x153;With CLC and SRA announcing their new regulations regarding price transparency, firms only have three months left to prepare. It is important that firms understand that transparency is more than just price, itâ&#x20AC;&#x2122;s delivering on home moversâ&#x20AC;&#x2122; expectations throughout the process, including expertise.â&#x20AC;? To learn how your firm can take advantage of every opportunity and provide complete transparency from quote to completion visit www.perfectportal.co.uk/transparency â&#x2013;

ITâ&#x20AC;&#x2122;S TIME TO THINK ABOUT THAT MOVE

To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.

www.clc-uk.org/Changing-Regulators or call ! &#' ' " 28 SURREY LAWYER

SECTION CONVEYANCING HEADER

Network Rail

Lose Appeal in Japanese Knotweed Case

On the 3rd July 2018, the Court of Appeal handed down its judgment in the case of Williams & Waistell v Network Rail Infrastructure Ltd [2018] EWCA Civ 1514, and in doing so set a landmark legal precedent for the control of Japanese knotweed. Decision of the County Court he County Court judgment was the result of private nuisance claims filed in 2015 against Network Rail by Mr Robin Waistell and Mr Stephen Williams. Neighbours Waistell and Williams, who own adjoining semi-detached bungalows in Maesteg, south Wales, had argued that Japanese knotweed on neighbouring Network Rail land was causing an actional actionable private nuisance by (1) encroaching upon their properties; and (2) by being within seven metres of their properties, interfering with their quiet enjoyment of, and causing a loss of amenity in respect of, their properties by reducing their market value. The County Court found in favour of the Claimants. It was held that they had no claim on the basis of encroachment as there had been no physical damage to the property but that the mere presence of Japanese knotweed within 7 metres of their properties was sufficient to constitute private nuisance. The County Court awarded the Claimants compensation for the cost of treatment of the Japanese knotweed and the residual diminution in value to the properties. Grounds for Appeal Network Rail appealed the decision on a few grounds including that the presence of knotweed on Network Rail’s land within seven metres of the claimants’ properties was incapable of causing an actionable nuisance merely because it diminished the market value of the claimants’ respective properties. The Claimants cross appealed on the basis that as the knotweed had encroached onto a neighbouring property that owner did not need to prove that the knotweed had caused physical damage to the property for the encroachment to constitute a private nuisance. Dismissal of Appeal The Court of Appeal dismissed Network Rail’s appeal and upheld in most part the ruling made in February 2017 at Cardiff County Court, albeit on different grounds. Interference with Land’s Amenity Value The Court of Appeal held that the Claimants could not claim for private nuisance merely because of the diminution in the properties’ market value due to Japanese knotweed within 7 metres of the property. This is because the purpose of the tort of nuisance is not to protect the value of property as an investment or a financial asset, its purpose is to protect the land’s

intangible amenity value which concerns landowners’ use and enjoyment of the land. Therefore, the Court of Appeal judgement found that the mere presence of knotweed in an adjoining property is not in itself capable of being an actionable nuisance, unless it threatens to encroach, or has already encroached. However, the Court of Appeal held that once encroachment or imminent encroachment is established damage is assumed and claimants can succeed in their claims for private nuisance and be compensated for both the cost of treatment and the loss of amenity caused by the Japanese knotweed. The Court of Appeal found that the loss of amenity value was the same as the diminution in value found by the County Court and upheld the award. The result of this case has far reaching consequences; it solidifies the fact that Japanese knotweed is an actionable nuisance for which damages can be claimed. This means its presence imposes an immediate burden on landowners who not only face the existing difficulties and expense of eradicating Japanese knotweed from the affected land, but now also face the concern of being liable to others if their knotweed threatens to encroach, or has already encroached, onto another’s land. Charles Lyndon Solicitors Comment Charles Lyndon Solicitors, who acted for Mr Waistell said “hopefully now organisations like Network Rail will take their responsibilities seriously and remove the knotweed on their properties. As one of the few firms specialising in Japanese knotweed, we have successfully represented a huge number of clients affected by Japanese knotweed and ensured they are compensated for the cost of treating the Japanese knotweed and the impact of it on the value of their properties.” Japanese Knotweed Ltd undertook a Japanese knotweed property risk survey for the Waistell private nuisance claim, and work closely with Charles Lyndon and other solicitors involved in knotweed claims. Expert Help is at Hand Here, at Japanese Knotweed Ltd, we provide expert knotweed consultancy and contracting, delivering surveys, treatment and excavation programmes throughout the UK. We have an in-house team able to help and support with knotweed legal issues. If you require Part 35 compliant legal knotweed reports with a detailed knotweed remediation plan, please contact us.

SURREY LAWYER 29

SOFTWARE

LEAP reaches

10,000 UK users

LEAP is celebrating 10,000 UK users of its cloud-based practice management solution. Since the first law firm signed up to the software in November 2014 more than 1,700 law firms have adopted it and benefitted from LEAP’s innovative features, efficiency tools and world class customer service. SINCE January 2017 user numbers of LEAP have doubled and this rapid growth has been largely attributed to the versatility of the software and the efficiency it brings the end-user. Fee-earners are able to access a comprehensive library of up-to-date and highly automated legal forms and precedents, can manage and access their matters from anywhere, from any device, and can time record and manage their billing and client accounting with ease and accuracy. Peter Baverstock, CEO of LEAP UK, commented “It is fantastic to see each month our user numbers growing. I believe what makes LEAP so attractive is not only our ongoing commitment to research, innovation and development, but the value that LEAP represents to both existing and prospective clients. Software excellence is what our client base have come to expect and it is our enhancements to both product and service that helps to grow their practices. Since January 2017 nearly a fifth of the new licences issued were additional licences to existing clients looking to scale-up their law firm which is unbelievable.”

“Our statistics show lawyers using their mobile device to help manage matters has more than doubled, and over 100,000 legal documents were shared in June - via LEAP’s integration with the secure document sharing system LawConnect compared to 30,000 in 2017. This proves that our focused development is making a difference to those most important to us, our clients.” LEAP’s executive chairman Richard Hugo-Hamman added “When we first came to the UK we were already well established in Australia with an outstanding product. It was important that our entry strategy to the UK market was right. Four and a half years on, I could not have dreamed that today there would be ten thousand lawyers across the UK using LEAP. I am incredibly pleased with the impact that LEAP is having, clearly there is a requirement in the market for the software and we look forward to helping many more small to midsized law firms for many years to come.” ■

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30 SURREY LAWYER

PROPERTY

“Why is it always...?” by Kevin Johnson

Mario Balotelli, footballer, maverick, firecracker, flawed genius can’t help drawing attention to himself and after scoring twice against Manchester United, once lifted his shirt to reveal a vest that said “Why always me?”

ow, I’m not a footballing genius, but in the same vein, I do regularly find myself raising the question “Why is it always Building Control?”; I may yet get a vest printed with those very words! I raise the question out of the same levels of frustration, and often sheer desperation, that poor old Mario must’ve felt; invariably, dealing with Building Control, results in the same emotional turmoil! Since the Grenfell disaster, Building Control has been brought into much sharper focus. It is generally accepted that a form of permission is required for building work or alterations to properties. Building Regulations set standards for design and construction to ensure the health and safety for people in or around buildings. And so anybody buying a property, residential or commercial, wants to be sure that not only has it been planned for properly and permission approved but, even more importantly, that the construction has followed the set standards; that it has been properly monitored and signed off as having been completed exactly in line with the control standards that have been approved. They need assurance, and proof, that Building Control has delivered the right outcome. I have some firsthand experience of this as, in 2013, we erected a two storey extension on the side of our house which meant that Building Control was required. Commissioning Building Control wasn’t difficult and we had two or three visits from an approved inspector during the course of the works. And yet, whilst the construction was completed and we now enjoy the extra space that we have, the Building Control officials never completed their task by carrying out a final inspection and signing off (certifying) that the works were done, and completed, to the required standard. As long as we continue to live in our house, there is no administrative requirement for us to have that certificate but, on reflection, I would have liked independent reassurance that our builder had done everything that they should to ensure our ongoing safety in our own home. Friends of ours, in a neighbouring street, also recently had building works completed but an electrical fire in a cupboard adjacent to a new main bedroom resulted in the property being completely gutted; in the middle of the night, they were lucky to escape with their lives but have, literally, lost everything. This is precisely what adequate Building Control is designed to prevent. Did Building Control fail them? The enquiry to follow will answer that I’m sure. Local councils used to employ their own building inspectors but, invariably, this work is now outsourced and all that the council now presides over is questionable

administration. At Index when we try to establish that Building Control has been carried out we are regularly frustrated by councils that have inexperienced skeleton staff in largely redundant departments that don’t properly understand what Building Control is, or why it’s important. And because we are then regularly referred to approved inspectors, we are relying on a second ‘administrative process’ being adequate and fit for purpose. The council will often only be able to provide us with an Initial Notice, indicating that they have been made aware that Building Control has commenced on property but we are very, very rarely ever able to access a Completion Certificate. And, even if we are, the council will regularly frustrate our request for it (because we’re not the homeowner) and if they will supply a copy then they often want an exorbitant fee; one council recently charged £100 for duplicate copies – not a bad return for the pressing of a few buttons on a computer!! Document retrieval is something that we do for our solicitor customers, whether they are buying or selling the property, and it is probably one of the most timeconsuming activities that we have to engage in on their behalf. Other than disbursement costs (where the council charge us) we build this into the service level agreement we have with our customers free of charge. It’s a vital service and it saves their staff, our customers, countless hours of frustration. This allows them to focus on their core conveyancing responsibilities. Another key point to make here is that Government, as we are well aware, is looking for ways to improve the efficiency and speed of the conveyancing process. I have written before about their flawed approach to this and discussed the various other things that need to fundamentally change before things will improve. This is another perfect example of an ancillary process, where the council can often report that they will take ’20 working days’; a month in other words, to answer enquiries made of them when documents or additional information are needed, can and does make speed impossible. Fortunately, we know who to ask and how to request what we need and rarely ever need this long – but we are likely to only be representing one party in the ‘chain’. Government means well, but we have a dreadfully long way to travel before we are anywhere near efficiency in the conveyancing process. For the time being at least, no doubt, we will continue to berate the councils from our respective offices, and for our part at least, uttering those oft repeated words “Why is it always Building Control?”!! ■ For more information please contact me at 0203 044 2758 or on email at kevin.johnson@indexpi.co.uk

SURREY LAWYER 31

FREE WILLS/ LEGACIES

Where there’s a will, there’s a way Wills and probate are not something people typically like to think about and discuss, which means marketing is a huge challenge.

nless you scare people into thinking about their impending death, how can you attract new clients? Educate and inform – demonstrate you are a trusted adviser There are thousands of people on your doorstep without a will, and the worst offenders are in the 35-54 age group. Ironically, this group also has the most dependents and monetary commitments but they’re busy, working people who are very much living in the ‘here and now’ often too busy to plan ahead. Writing a will is on the ‘To do list’ which never gets done. Target this group by finding ways to educate and inform them about the importance of writing a will and make the process as easy as possible. Use social media and local online websites as a way getting advice led blogs out there; 44% of this age group are avid digital content consumers. Have a digital presence and utilise it wisely Staggeringly, over 20 million online searches are made for legal services each year in the UK alone and a third of clients now secure legal representation via the web. This should present a huge opportunity for solicitor firms yet 60% aren't doing any digital marketing at all and 26% don’t even have a website.

A three or four page site can be built quickly and simply using tools such as Wordpress for a few thousand pounds and it’s also worth setting up a Google Business account so that local residents can find you. While your site is being built, you could find yourself a few clients richer very quickly by signing up to an online legal marketplace. With access to thousands of “ready-to-buy” clients, new jobs are posted and then shared with lawyers signed up to the service who can then bid for the work. There are no membership fees or costs to make a bid so it’s a very affordable way of generating a lot of lucrative new business. Be innovative When looking at your marketing think what channels you can use to reach your target age group. As it’s a sensitive subject its often best conveyed face-to-face so consider local events which might attract this age group and take an information stand. How did your clients come to find you? If word of mouth is still a main driver perhaps think about how you can incentivise clients to spread the word about your services by offering a reduced rate to their friends and family.

Alex Boothman CEO of MyLegalAdviser

Help future generations survive pancreatic cancer

32 SURREY LAWYER

Each year, in the UK, almost 10,000 people are diagnosed with pancreatic cancer but shockingly the survival rates have barely changed in 50 years; just under 7% survive more than 5 years which is extremely low. Pancreatic cancer has a chronic lack of awareness but if it is diagnosed in time for surgery the chance of surviving increases drastically. Pancreatic Cancer are dedicated to improving the survival rate of pancreatic cancer by raising awareness of the disease which increases the chance of being diagnosed in time for surgery, currently the only cure. The charity funds research into developing early diagnostic methods, carries out nationwide awareness campaigns, develops and provide free elearning modules and resources to healthcare professionals and produces free information for patients and families they can trust. By leaving a gift in your will to Pancreatic Cancer Action you can help insure that early detection of pancreatic cancer is a reality and we can reach a day where more patients survive the disease. To find out more or support Pancreatic Cancer Action call 0303 040 1770 or visit www.panact.org/legacy.

FREE WILLS/ LEGACIES

A legacy for the future at the Royal Botanic Gardens, Kew The Royal Botanic Gardens, Kew is a world-famous centre for botanical and mycological knowledge. Today, from its UNESCO World Heritage site at Kew and Wakehurst, its wild botanic garden in Sussex, it is finding innovative solutions to global challenges.

ew is famous for the beauty of its stunning gardens, which inspire and enrich lives. It is also recognised and acknowledged as a centre of scientific research, at the forefront of finding solutions to some of the most urgent challenges facing the world today: climate change, conservation of endangered species, and research into plants that can offer treatments for serious diseases. Every legacy helps fund essential projects, from vital conservation and research work through to apprenticeships and community volunteer projects. Thanks to generous legacies and donations, Kew was able to complete the restoration of the Temperate House and reopen to the

public in May 2018. Built in 1863, this Grade I listed iconic building is the largest surviving Victorian glasshouse. It is integral to the story of Kew and is an example of an enduring legacy that is once again protecting some of the most threatened plants from around the world. If your clients would like to make a difference to Kew’s vital plant science, global conservation work, and world class botanic gardens, they can help secure the future of Kew by leaving a gift in their Will. Please contact Kew’s Legacy Team to learn more or to discuss their gift: legacies@kew.org or 020 8332 3249.

Leave a lasting legacy Kew is famous for its beautiful gardens. It is also a centre for scientific research, at the forefront of finding solutions to some of the most urgent global challenges: climate change, food security, human health, and loss of biodiversity. By leaving a gift in their Will, your clients can help secure the future of Kew’s science and conservation work and world-class botanic gardens. The Foundation and Friends of the Royal Botanic Gardens, Kew is a registered charity no. 803428. Registered in England and Wales.

Please contact the Legacy Team to learn more: 020 8332 3249 legacies@kew.org kew.org/legacies

SURREY LAWYER 33

FREE WILLS/ LEGACIES

More than half of British adults have made no will, a new survey has revealed. The study, carried out by Will Aid, the charity will-writing campaign that takes place every November, found that 53% of adults have not prepared this vital piece of paperwork, up from 51% in 2017. And some regions are far worse than others. In England, people from the North East and North West fared the worst, with 58% admitting they don’t have a will. In Northern Ireland, more than 74% of those questioned admitted they had no will, revealing a dramatic increase of 10% since people were polled in 2017. In fact, only three of the thirteen regions in the UK have scored better than when polled in 2017 about having this vital piece of paperwork in order. Yorkshire is the most organised region with just 43% of people admitting they don’t have a will. Peter de Vena Franks, campaign director for Will Aid, said: “Every year we carry out a poll to work out how many Britons have no will in place and the figures are always surprising. “To see that the percentage of people without a will increased this year is all the more reason to stress the importance of taking the time to make a will. “Will Aid is a fantastic way to tick this important piece of paperwork off your to-do list whilst also making a real difference with a charitable donation.”

“As well as making a donation, many people who make their wills through Will Aid, use this opportunity to provide support to their favourite charities through a gift in their will. These legacies make a great difference and we are very thankful for those who choose to support our work in this way.” Will Aid Month, which takes place every November, encourages people to write a will with the help of a professional solicitor. This is the 30th year of the campaign so solicitors are being urged to sign up to provide their time for free. Appointments to make a will through Will Aid are available throughout November and the general public are being urged to contact Will Aid as soon as possible to book a slot. Law firms volunteer their time and expertise to write basic wills, waiving their fee, with clients being invited to make a voluntary donation to Will Aid instead. Donations support the vital work of the nine partner charities. The suggested donation for your basic Will Aid will is £95 for a single will and £150 for a pair of mirror wills.

James Tarleton, Chair of Will Aid said:

Those who wish to book a will can make their November appointments from September onwards via our website or by calling us on 0300 0309 558.

“2018 marks 30 years since the start of Will Aid and this year’s statistics show that, even after three decades, there is still a need for this campaign and to encourage more people to make their will.

Last year Will Aid raised more than £1.25 million for its charity partners – ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and Trocaire (Northern Ireland).

“Not only does making your will through Will Aid provide peace of mind, by using a professional solicitor, but the nine partner charities use the donations and legacies from will makers to reach people in crisis, both here in the UK and all around the world.

For more information visit www.willaid.org.uk.

34 SURREY LAWYER

FREE WILLS/ LEGACIES

A love that lasts forever Every year, we care for around 15,000 dogs at our 20 rehoming centres across the UK. It’s only with the help of our wonderful supporters that we can give these dogs the love, care and attention they deserve while finding them the right home.

their married life rescuing and caring for neglected and unwanted dogs.

A third of our funds come from gifts included in supporters Wills. One such supporter, Dr Thomas Preston, has very kindly pledged to leave a legacy to Dogs Trust in his Will. He and his beloved wife, Pat spent 40 years of

Pat had always had a strong bond with dogs, having lived with them for much of her life. She couldn’t bear to see them injured or illtreated. Sadly she passed away in 2014, leaving behind Tom and her darling dogs. It was their shared belief that every dog deserves a long, happy life that led to her making the incredibly generous decision to leave us a gift in her Will. Dogs Trust promises to never put down a healthy dog. Please help us keep this promise by considering leaving us a gift in your will.

oviding expert veterinary care, specialist rehabilitation equipment and training facilities doesn’t come cheap. Not to mention all the vital everyday necessities like food, bedding and heating. Dogs Trust receives no government funding, which means we wouldn’t be able to run our 20 state-of-the-art rehoming centres without the generous donations from our supporters.

SURREY LAWYER 35

HEALTH

Working outside office hours? It could greatly put your employees’ mental health at risk Photo: Sally Woolston

The legal and financial sectors are rapidly evolving into a fast-paced and increasingly digital world, and, as such, new ways of working (including hours outside of the nine-to-five) are more and more becoming the norm.

36 SURREY LAWYER

ally Woolston, Business Development Manager at unoccupied property insurance specialist Unoccupied Direct, compiles recent figures from the new Global Benefits Forum Survey: • 89% of large law firms contractually oblige staff to be available outside of office hours • One in four employees (26%) in the legal sector believe their mental wellbeing is at risk by working outside office hours • 20% of employees in the legal sector believe working outside of office opening hours negatively affects their productivity Lack of downtime affects productivity With around 41% of multi-national law firms currently offering mental health resilience support for their employees (and a further 22% expecting to do so in the next decade), it’s clear that maintaining the wellbeing of staff is increasingly becoming a priority for the legal sector. However, this seems to be somewhat undermined by the fact that 89% of law firms still contractually oblige their employees to be available outside of working hours. The short-term gains of having employees available constantly could end up being

outweighed by the longer-term impacts of not allowing employees to fully ‘switch off’ from work. Retaining talent: long-term employees The pressure of long, irregular or on call type working hours can mean many employees have to blur the lines between their work and home lives, meaning firms could increasingly expect see a quick turnover rate. Many potential employees (81% of those surveyed) would be put off applying for jobs that have expectations to be on call outside of the usual working week. By contrast, 44% of HR directors at law firms say that this is an expected role at their company. As well as proving difficult to keep long-term staff, this disconnect could affect future talent acquisition too. Senior Vice UK President of Lockton, Chris Rofe, comments: “Many employers are ‘not walking the talk’ when it comes to work life balance. With employers spending millions on health and wellbeing initiatives, many are failing to acknowledge one of the biggest risks to their employees’ health and wellbeing. ■

Sally Woolston Business Development Manager

WILLS AND PROBATE

How far back can I trace my ancestors? The first port of call when it comes to finding out the basics about your relatives, even if your interest in family history is minimal – is through the use of census records. Bursting with useful information that can see your family tree grow within minutes, the most popular genealogy sites store these, enabling you to reach names at speed.

hat said, you may reach a certain point where you’re looking for facts before the Census began. General registration of records of birth, deaths and marriages began in 1837, and the first useful Census was collected in 1841. (The first ever Census actually dates back to 1801, but has no useful information – it’s essentially just a list of names!) What about before that? What are your options then? Winding the clock back further, records can be found in the main parish registers. It was Henry VIII who decreed that each of the 11,000 parishes should keep a record of baptisms, marriages and burials from 1538 onwards. Although these don’t hold as much information as the Census gives us, they’re a useful and reasonably reliable source to look at. Britain actually has some of the greatest in the world, in terms of accessibility and detail. Parish registers can be found in county archives, but it’s worth remembering that whereas a Census would tell you where your relative was born, a parish register will only tell you about their baptism. This is a small but potentially vital detail, which could have a huge impact on your research. When you come to look through these registers, you’ll be looking for specific entries for particular people. This

means you need a name to go from. Equally, it’s important to remember you may need to physically visit a church or record office as there’s no central archive that holds all this information. The information available, even then, is likely to be sparse, as it all depends on the vicar who recorded it at the time. Some only mention the facts, whereas others might have included more details such as wedding preparations. Fraser and Fraser, as heir hunters, we very rarely have to use records predating the census records. For probate researchers, Parish records are mostly used when working on a Trust case, which may have been going on for some time. Even in this instance, it’s usually only helpful to determine someone’s age. That said, for those interested in ancestry and family history, Parish records are incredibly helpful, and we would recommend delving that bit deeper if you’re wanting the full works. If you are a solicitor, trustee of an estate or an individual having trouble with finding an heir to a Will, get in touch today to find out how Fraser and Fraser can help you. We have our own library, access to various records, specialist software and national and international connections that can help us help you. Call us on 020 7832 1400 or email lega@fraserandfraser.co.uk

SURREY LAWYER 37

EMPLOYMENT

Photograph: Julian Bryan

Outsourcing your cashiering? Why choose Quill?

Once you’ve decided to outsource your legal cashiering, any supplier will do, right? After all, the way these outsourcing providers manage your accounts and support your business is the same, isn’t it? Surely the only difference will be the price you pay for the service, won’t it?

he answer to these conundrums is a resounding ‘no’! There are an increasing number of outsourced cashiering suppliers – legal software companies are forming partnerships with outsourcing bureaus to expand their offerings; new bureaus are being established; freelancers are setting up as virtual cashiers to work from home – so you’ve certainly got plenty of choice when it comes to outsourcing your back office accounts function. While there are some familiar threads running between these various suppliers, in comparison to Quill, they’re poles apart. We’re going to show you why… Commonality: Shared use of Interactive Have a quick browse through the ILFM’s Software Guide and you’ll see the long list of legal accounts systems available in the market. This isn’t an exhaustive list either. These competitive systems contain effective tools to help legal cashiers maintain accounts in a compliant, secure, due diligent manner. But the way you perform an accounting task on one, let’s say posting your daily transactions, will vary on another. Also, not all systems will contain warnings and notifications for actual and potential breaches of legal accounts rules. The range of functionality makes one system a very different beast to another. As well as being the toolkit for in-house cashiers, these same systems are operated by outsourcing providers too. And, as any workman knows, his work is only as good as his tools. In other words, the ensuing service you receive will fluctuate pretty drastically from one supplier to the next, depending upon the legal accounts system opted for. The inconsistencies between them can be fairly extreme. In terms of our software, Interactive is backed by a dedicated software development team based in our Brighton office so new and enhanced functionality is constantly being rolled out, benefiting end users whose daily work is made easier, more efficient and categorically compliant as a result. Interactive’s also a recognised market leader, having been around for 40+ years and boasting two ILFM software awards. Not only is our software high quality, which enables us to work better than other outsourcing providers, it’s used universally by Quill cashiers. It’s a common platform, facilitating common procedures, maintaining common standards, empowering a common experience for all users of our Pinpoint outsourcing service. No deviations. No inconsistencies. Overseers: Monitoring by senior staff As an additional guarantee of quality service provision, our cashiering operation is closely monitored by experienced, knowledgeable team members who cast a trained eye over completed tasks, checking for accuracy, speed, volume and consistency, reinforced by metrics from our powerful quality and performance management Interactive system, interpreting data processed by all the cashiers. Our cashiers work in teams of six with a supervisor heading up each group. Any anomalies or discrepancies, including items highlighted by Interactive, are spotted and resolved straightaway, giving you confidence in error-free bookkeeping. No other cashiering bureau can boast access to such management information intelligence drawn from one central software platform. Where speed’s concerned, any law firm knows about the strictly enforced deadlines for filing month and year-end accounts, including those all-important VAT returns. Our system also holds key compliance dates specified by each firm’s designated regulator (SRA, CLC or Law Society of Scotland) to generate management alerts of overdue tasks. For example, we can identify sites not being closed quickly enough at month end which is set as the 7th of each

38 SURREY LAWYER

month by the CLC and track that VAT submissions are lodged in time for the relevant quarter. Close monitoring, and intervention if needed, ensures accounts are submitted on time, every time. On the volume side of things, this behind-the-scenes management information also tells us how many e-chits are being processed by each cashier. This helps us to allocate the right mix of sites to our cashiers so everyone’s got a similar balanced workload and no one’s being overworked. For end users, you can be reassured that your assigned cashier’s got the capacity to give your accounts their proper attention. By not being stretched too thinly, we’ve got your back. There are a plethora of reports within Interactive, accessed by the Pinpoint management team, supporting the delivery of consistency across hundreds of clients. This starkly contrasts with other bureaus which lack the same control mechanisms thereby compromising consistent standards, and allowing opportunities for mistakes and bad habits to creep in. Collaboration: It’s a team effort Pinpoint is a close alliance between you and us. We’re connected together by Interactive. You enter daily e-chits into Interactive – which is essentially a daily record of monies in and out to your client and office accounts – and we pick up from there. We literally do everything else – billing, reporting, VAT returns, ledger and bank account management. It’s likely you’ll interact with your named cashier every working day. As such, you build a strong relationship. Pinpoint clients repeatedly tell us how their cashier feels like another employee, just someone not based in the same office. We rely on you to log all transactions. You rely on us to keep your accounts in order. By each fulfilling our side of the bargain, it’s a successful partnership. There’s a point to be made about team working within Pinpoint as well. You see, our cashiers don’t operate in isolation. If your assigned cashier doesn’t know how to rectify any accounts-related problem, he/she will simply call upon the help of his/her colleagues and supervisor. As the largest outsourced cashiering bureau in the UK employing some 50 legal cashiers, they possess a combined total of approximately 300 years’ experience. And that’s a conservative guess. We’ve seen it all before. No issue is novel. You can bet your bottom dollar that we know the solution. Automatic absence cover is provided with the service too. If your cashier is off work on holiday, sickness, maternity, paternity or other leave, as everyone is from time to time, his/her designated deputy will manage your accounts instead. Obviously you don’t get these advantages with a one-man-band type bureau. Next step: Find out more If we’ve sharpened your appetite for more, read our earlier articles on the subject of outsourced cashiering, published on the Internet Newsletter for Lawyers website. There’s ‘Outsourced cashiering and your bottom line’, ’Ten reasons to outsource your cashiering’ and ‘How outsourced cashiering works’ for beginners. To find out more on our Pinpoint outsourced legal cashiering service, please visit www.quill.co.uk/Outsourced-Legal-Cashiering, email info@quill.co.uk or call 0161 236 2910. ■

By Julian Bryan Managing Director, Quill

FINANCE

Busy Bees? Continuous Improvement work smarter not harder $IBOHF8JTF The three most common â&#x20AC;&#x2DC;blind-spotsâ&#x20AC;&#x2122; in organisations are: 1. Not sharing best practice 2. Not recognising, measuring and reducing rework 3. Not learning from mistakes These are indicative of not having a continuous improvement culture. Symptoms can be: 1. Poor work-loading and utilisation of resources; one team of paralegals are very busy when another is quiet 2. Excessive work in progress (WIP), case files opened, but inactive or not progressing to completion 3. Repetitive tasks, long-winded processes and interruptions from clientâ&#x20AC;&#x2122;s chasing up progress 4. Time spent on waiting for or chasing 3rd parties or requesting information delaying case lead-time 5. Errors and mistakes, even though you are checking and re-checking 6. Spending time correcting and reworking cases (often un-costed in fixed-fee work) 7. Repeatedly receiving client paperwork/forms with errors and omissions and having to call them back 8. Call-backs that arenâ&#x20AC;&#x2122;t optimised to reach the client and cause delays waiting for returned calls 9. Multiple versions of â&#x20AC;&#x2DC;standardâ&#x20AC;&#x2122; letters and forms 10. Differing outcomes from the same skilled staff, â&#x20AC;&#x2DC;specialâ&#x20AC;&#x2122; partner/client work-arounds, or work carried out by staff over-qualified for that task 11. Client information or contacts not logged on the case management system/file 12. Repeating mistakes that have happened in the past or incorrect application of latest legal knowledge 13. Know Your Customer (KYC) checks take too long or clients donâ&#x20AC;&#x2122;t send the right information Often these become blind-spots because we are so busy with work-inprogress that it hides the problems. We get our heads down working harder, not smarter. What can you do about it? Embed the skills of continuous improvement (CI). For CI to be effective you need structures, processes and the culture where employees work together to resolve issues and have the tools to spot, measure and manage these problems appropriately, every day. Productivity improvement, getting more output per hour worked without increased human effort, can be achieved through: â&#x20AC;¢ Better work design and resource organisation â&#x20AC;¢ Process redesign, quality feedback loops, better controls and improved standardisation on the one best way â&#x20AC;¢ Staff training in wider skills, increasing employee engagement and motivation â&#x20AC;¢ Higher staff utilisation through elimination of non-value-adding activities â&#x20AC;¢ Automation, improved use of technology and software supporting the operational design Combined, they lead to better customer experience, reduced operational costs and increased profit. ChangeWise believes employee engagement is critical to successful change and by training and coaching your people to use simple continuous improvement techniques they can embed change into the way they work and continuously adapt to a constantly changing competitive environment. Call Mike Williams on 07866 537 580 to find out more.

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SURREY LAWYER 39

BOOK REVIEW

INSIDER TRADING AND MARKET MANIPULATION By Janet Austin

ISBN: 978 1 78643 641 2 Edward Elgar Publishing Ltd. e-elgar.com

TAMING THE CROSSBORDER CROOKS – OR HOW TO CURB INSIDER TRADING ON A GLOBAL SCALE

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, ‘The Barrister’ Is the taming, shaming and prosecuting of insider traders operating across borders a well-nigh impossible task? This book by Janet Austin, from Edward Elgar Publishing, contains any number of comments on the difficulties and offers an equal number of valuable suggestions on what might be done. ‘Insider trading’ – a term reasonably well understood by the general public – does strike a certain degree of terror in the stony hearts of traders in the Square Mile and other wellregulated jurisdictions, as there have been a few of those found guilty who have suffered years of incarceration as a result. Insider trading, together with market manipulation are basically, in the opinion of author Janet Austin, the twin pillars of market abuse and especially difficult to tackle when perpetrated across borders. This copiously researched and carefully argued treatise is based on her 20 years as a Federal Prosecutor for the Commonwealth Director of Public Prosecutions in Sydney, Australia. Now a member of the Faculty of Law at the University of New Brunswick, Canada, the author recalls one specific case where, after 12 months of repeated requests to a particular country for details of who exactly had placed certain insider trades, there was no response. The file subsequently – and reluctantly – was closed. In a global business environment in which securities markets are becoming increasingly interconnected, and where multiple markets are open to investors, situations such as this

40 SURREY LAWYER

can, paradoxically, undermine investor confidence, thereby jeopardising further the integrity of world securities markets. With increased capacity for cross-border trade via globalisation and new technologies, "transactions", as the author puts it, "cannot now easily be guaranteed", and it's therefore all the more difficult for securities regulators intent on protecting market integrity across jurisdictions. A core problem here is that market abuse offences can be dealt with only by national securities regulators. As the possibility of an international regulator with teeth is currently remote to say the least, other strategies must be found. This book therefore focuses on the work of the International Organization of Securities Commissions (IOSCO), which assists securities regulators in the collecting of evidence needed to aid the prosecution of market offences. Various improvements to these processes can be put in place, which the author is happy to suggest. To this end, specific cases are cited as examples of how market abuse can be detected, investigated and ultimately prosecuted. For professionals confronting such problems, this book is an important find, presenting as it does cogent arguments on a difficult subject, supported by a formidable amount of research. Note the 28-page bibliography and extensive footnoting. Practitioners involved in financial services as well as academics should therefore find this volume indispensable. The publication date is cited as at 29 December 2017.

Thames on To Tour Providing essential information and updates by leading industry experts to a town near you.

hames W Wat ater Property Searches are hosting an informative and legal CPD in Surrey providing essential industry experts. The event is designed to infform orm residential conveyancers and solicitors on recent developments in the conveyancing industry, incorporating a range of topics from leading organisations and speakers including: • Thames Water Property Searches • DevAssist • Future Climate Information Venue: The Guildfo ord Institute, W War ard Street, Guildffor ord, Surrey, GU1 4LH Date:

Thursday 27 September 2018

Time:

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To reserve your space at the event, please email: twps@thameswater.co.uk quoting reference ‘SURREY’. Limited spaces available.

14330-6 08/18

SECTION BOOK REVIEW HEADER

THE TAXATION OF PRIVATE PENSION SCHEMES AND THEIR BENEFICIARIES First Edition. By Matthew Harrison ISBN: 978 0 41406 620 5 Sweet & Maxwell www.sweetandmaxwell.co.uk PENSIONS TAXATION: A NEW COMPREHENSIVE TEXT

he UK taxation of private pension schemes and the benefits provided from such schemes is the subject matter of this new book published by Sweet & Maxwell. In an area in which there is no established authoritative textbook, this book will be a welcome addition to practitioners’ libraries. The old system of tax ‘approval’ of pension schemes was replaced with a new regime applicable to ‘registered’ pension schemes with effect from 6 April 2006 (usually referred to as A-Day). The stated purpose of the reform was to simplify the taxation of pensions and to increase choice. Subsequent meddling by successive governments has created an incohesive mass of legislation so complex that few practitioners fully understand it. The changes brought about by the Taxation of Pensions Act 2014 in particular have created a regime of unprecedented flexibility, to such an extent that in many cases the benefits provided under a registered pension scheme will not even remotely resemble a ‘pension’ as that term has traditionally been understood. As the same time the law relating to the taxation of unregistered pension schemes has undergone similarly seismic changes: not only are practitioners now required to contend with the overriding disguised remuneration provisions, but they must also grapple with the potentially far-reaching changes made by the Finance Act 2017. There is clearly a compelling need for a textbook dealing comprehensively with this area. Part One of the book provides a detailed analysis of each aspect of the regime applicable to registered pension schemes, including the various tax reliefs and exemptions available, the taxation of benefits, the annual and lifetime allowances and the provisions relating to unauthorised payments. There are also chapters focussing specifically on the registration (and de-registration) process, the office of scheme

42 SURREY LAWYER

administrator, the taxation of scheme chargeable payments, and the applicable inheritance tax provisions. Part Two deals with domestic and international unregistered pension schemes, including relevant non-UK schemes (such as QROPS), QNUPS, EFRBS, s. 615 schemes and also the pre-A Day regimes applicable to FURBS and correspondingly approved schemes. Separate chapters deal with the taxation of contributions, scheme investments, benefits, the disguised remuneration provisions, and the relevant inheritance tax provisions. All private pension schemes are within the scope of the book: whether occupational or non-occupational, large or small, providing money purchase or defined benefits. The book does not however cover public sector schemes or the state pension. For those who do not specialise in pensions, the book helpfully references the applicable pension legislation and other relevant non-tax law where appropriate. The author recognises that HMRC’s extensive guidance in the Pensions Tax Manual (PTM) is an excellent resource insofar as it relates to the practical application of the tax rules. But to the extent that the PTM represents HMRC’s interpretation of the technical aspects of the law, it is more open to scrutiny and is in any event subject to change without notice. As the author notes in the Preface, “[t]here seems to be a greater tendency amongst those advising on the taxation of pension schemes to treat the PTM as a definitive statement of the law than there is in other areas of tax law. Any tax adviser approaching the PTM in this way is doing his client a disservice.” The author has endeavoured to state the law as at 1 November 2017.■

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