Surrey Lawyer Autumn 2017 by Benham Publishing Limited

Autumn Issue 2017

SurreyLawyer

KIERAN BOWE

Turning the Spotlight on Lasting Powers of Attorney (see Page 11)

Inside this issue:

■ Conveyancing Focus ■ Legacies ■ Expert Witness ■ Farewell to Sue Seakens

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

List of Officers

President’s Jottings

CEO Report Local Issues

8 -11

Local News Litigation

LITIGATION FUNDING: HERE TODAY BUT GONE TOMORROW?

ADVERTISING AND FEATURES EDITOR Anna Woodhams

Council Member’s Report

STUDIO MANAGER

John Barry

Council Member’s Report

ACCOUNTS Joanne Casey

Management

MEDIA No.

14-15

Legal case management software: here and now and looking ahead

16-17

Succession problems are also acquisition opportunities

1516

PUBLISHED September 2017 © The Surrey Law Society - Benham Publishing

Finance

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

Jackson’s New Costs Proposals are Balanced but Seismic

Equity release: changing landscape fuels impressive growth Articles

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

DISCLAIMER The Surrey Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.

Spotlight Blake Morgan solicitor is listed as a rising star in private client law

Property Japanese Knotweed deters nearly 8 in 10 from buying a property

Rip-Off Leaseholds: The Problem of Onerous Ground Rents Conveyancing Focus

“Champagne Service for Lemonade Money”...

Sewer Indemnity -

Tailored Regulation from a Specialist

COVER INFORMATION The cover image: Louise Harrhy, Hart Brown Solicitors.

Copy Deadlines

A NEW APPROACH TO PUBLIC LEGAL EDUCATION FOR 21st CENTURY

Cyber Crime 27

Cybercrime against law firms reaches a new high Probate

Winter 2018 Issue Spring 2018 Issue

5th December 5th March

Protecting Property

A time of change - the evolving legal sector

Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline. Email: Tel:

anna@benhampublishing.com 0151 236 4141

Expert Witness 30

The importance of experts

MEDICAL LEGAL EXPERTS

Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Sue Seakens, before copy deadline. Email: Tel:

sueseakens@surreylawsociety.org.uk 01344 860830

Legacy 32 33

A living legend Legacy giving

Return to glory and legacy for the future SurreyLawyer 3

Officers

KEY OFFICERS

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

PRESIDENT

DANIEL CHURCH TWM Solicitors LLP. 65 Woodbridge Road, Guildford GU1 4RD DX 2408 Guildford 1 Tel: 01483 752700 Fax: 01483 752899 Email: daniel.church@twmsolicitors.com

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

MARK GOUGH Solicitor 22 Woodlands Road, Little Bookham, Surrey KT23 4HF Tel: 01372 230786

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

Email: mark@markgoughlaw.com

VICE PRESIDENT JAMES SCOZZI 1 Fetter Lane London EC4A 1BR DX: 14 London Chancery Lane

WIN CUMMINS 18 Station Approach, Virginia Water GU25 4DW DX 94652 Virginia Water

Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk

DEPUTY 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

HON SECRETARY KIERAN BOWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge,

MARALYN HUTCHISON Kagan Moss & Co 22 The Causeway Teddington TW11 0HF Tel: 020 8977 6633 Fax: 020 8977 0183 Email: maralyn.hutchinson@kaganmoss.co.uk GLORIA MCDERMOTT 18 Station Approach, Virginia Water GU25 4DW DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com 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

Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk

IAN WILKINSON The Castle Partnership 2 Wey Court, Mary Road, Guildford, Surrey GU1 4QU Tel: 01483 300905 Email: ian@castlepartnership.co.uk MUMTAZ HUSSAIN The Legal Consultant M: 07983 488 351 mumtaz@thelegalconsultant.org.uk

HON TREASURER NICK BALL Howell Jones Solicitors 75 Surbiton Road, Kingston upon Thames, Surrey, KT1 2AF DX: 57715 Surbiton Tel (Office): 020 8549 5186 Tel (Fax): 020 8549 3383 Email: nick.ball@howell-jones.com

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

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 Sue Seakens Surrey Law Society 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Tel: 01344 860830 Fax: 01344 428511 Email: sueseakens@surreylawsociety.org.uk

SUB COMMITTEES CONVEYANCING & LAND LAW Win Cummins (Chair) Maralyn Hutchinson Ken Seakens* STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Daniel Church James Scozzi Marek Bednarczyk Ken Seakens* (non-committee member) SOCIAL Daniel Church (Chair) Gloria McDermott John Perry* Julie Rowe Ken Seakens* *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:

(20+ fee earners) £1,850 per year

Solicitor

(not in private practice) £60

Solicitor

(not practising) £35

Honorary Membership:

free

Associate Membership:

free - no voting rights

4 SurreyLawyer

To apply for membership please contact: Sue Seakens, Chief Executive Surrey Law Society, 18 Station Approach, Virginia Water GU25 4DW Web: www.surreylawsociety.org.uk DX 94652 Virginia Water Email: sueseakens@surreylawsociety.org.uk Tel: 01344 860830

Editorial

President’s Jottings Summer 2017

Well, it’s goodbye from me. And it’s goodbye from her. Each year the president of SLS writes about how quickly the Presidential year has flown by, and it is no different for me. It’s been an interesting year and will end with the Society moving in to a new era as our long time CEO, Sue Seakens prepares to leave us and we prepare to welcome our new CEO who we hope will carry on the excellent work Sue has done for many years. I believe that SLS is a strong organisation that has a real and positive influence within our profession and that is in no small part due to the leadership we have enjoyed during Sue’s tenure. Sue will leave the Society in good health and my successor as President, James Scozzi, will begin working alongside Helen Opie, our new CEO from the AGM in November. I am convinced that James and Helen between them will guide the Society through the start of our next phase in our evolution and I wish them all the best. For myself I have been working hard with the Law Centre as we move towards the next phase of our adventurous journey. With the help of the London Legal Support Trust we have started our application process for Big Lottery grant to fund a 5 year plan which coincides with the tendering process for the next round of Legal Aid contracts. It would be great if we could bring back to Surrey some of the Legal Aid provision that has disappeared. That, to me, feels like a good place to be.

As an employment lawyer I make no apologies for the happiness I felt when the Supreme Court ruled that the employment tribunal fees regime was found to be unlawful and would like to thank UNISON for their work on that challenge. My optimism may be misplaced, but I rather hope that this was the starting point for a reversal of the recent erosion in access to justice for the less fortunate within our society. The access to the law, or lack thereof, for all members of society is a marker of the quality of that society and we have been going the wrong way for some time. It is heartening that this change has occurred. I hope for more of the same. So I leave SLS in good shape and look forward to the next chapter. But my parting words are just for Sue – thank you, we’ll miss you and all our best wishes for your retirement! ■

MARK GOUGH, SLS President 2016-17

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SurreyLawyer 5

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Editorial

CEO REPORTSeptember 2017

Well…here we are at the end of my time as your Chief Executive, and I would like to thank everyone for the lovely messages sent, especially the kind words of our current President, Mark Gough, in this magazine’s President’s Jottings.

good deal has happened since I took over as CEO from Lis Hughes in July 2007, some good and some not so good but I’m still here - for now anyway. My successor Helen Opie will join us on 23rd October and will be shadowing me for a month, until the AGM on November 23rd, when she will take over. Hopefully this will not terrify her too much! There is a great deal to do these days in the admin office. It is planned that Elaine stays on to assist Helen for the transition at the very least, so it is not all change. All that being said, I am not idling my time away waiting for retirement. We are right back in the swing of CPD for the autumn with courses, seminars and conferences to help you get your Continuing Competence records filled up by 31st October. You can see the full details on the website at www.surreylawsociety.org.uk. I really do hope that lots of you will come along to my Leaving Party, aka the SLS 2017 Gala Dinner, on Thursday 12th October at the Doubletree Hilton in Kingston. Tickets are on sale now and we are filling up nicely. Past President of The Law Society and former SLS Committee Member Paul Marsh has very kindly agreed to come along as our Guest Speaker and say a few kind words about the Society and my input over the past 10+ years. You can book online or email me with a request for an invoice. £66pp including VAT. (See flyer below) I cannot deny that while it is hard work running the Society as key, and sometimes sole worker, I have had a great deal of fun along the way and would not have missed it for the world. With the support of the Committee and the past 11 Presidents that I have served, we have survived significant changes in the marketplace, the contraction of the Surrey legal community, and continued reviews and changes to regulation and legislation.

So to the fun bit…I have travelled all over Surrey and beyond in my role. Trips abroad have included France, Ireland and Malta. We hosted the national Local Law Society Conference in 2011 here in Surrey for the first time and enjoyed the company of 118 of my colleagues from around England & Wales. Together with our members we have dined, danced, played golf, navigated the Wey, quizzed and so much more. Planning programmes and social events takes up a great deal of time but here again my work was made easier with the enthusiasm of our specialist speakers and sponsors, the lovely venues we have used and the conscientious suppliers. Special thanks must go to both Benhams Publishing and Steve Jebbitt’s print firm, Smart Creative Design, for making life so easy in producing and circulating this magazine and for all the handouts for our training events. The biggest thanks must go to Elaine who has been my closest ally and friend as administration assistant, membership secretary and book-keeper. Without her brilliant sense of humour and razor- sharp mind I may well have departed a lot sooner. It is my belief that everyone should have an Elaine on their side! I hope that I have not missed anyone but finally want to thank you all for making the last ten years some of the best in my working life. I will miss you all but know that you will be in good hands as I pass it across to Helen Opie…and who knows you may see me now and again in the coming years!

SUE SEAKENS, CEO Surrey Law Society t: 01344 860830 e: sueseakens@surreylawsociety.org.uk

SURREY LAW SOCIETY 2017 CHARITY GALA DINNER In Aid Of THE SURREY LAW CENTRE At The DOUBLE TREE HILTON in Kingston upon Thames On THURSDAY 12th OCTOBER 2017 Drinks Reception 7PM Carriages at 11PM Dress Code Lounge Suits and Posh Frocks Tickets £66 per person inc VAT

BOOKING FORM: SLS Charity Gala Dinner on Thursday 12th October 2017 Name of Firm:..................................……………………… Contact Name for booking:.................................................. Email:................................................................................... Telephone:........................................................................... Please reserve......... individual tickets at £55pp plus VAT (£66pp total) Please reserve……… table/s of 8 for our firm at £440 plus VAT (£528 total) Please reserve …….. table/s of 10 for our firm at £550 plus VAT (£660 total) Method of Payment – please tick box By Invoice to:................................................................................... DX/Postcode ............................................................. By cheque to Surrey Law Society, 18 Station Approach, Virginia Water GU25 4DW, DX 94652 Virginia Water By BACS to Account No: 90539465 Sort Code: 20-29-90 Account Name: Surrey Law Society BACS payment made £ ................................. BACS reference.............................................. Date of transfer...........................................................

SurreyLawyer 7

Local News

HFS Milbourne entertain at Hurtwood Park Guests from the local business community enjoyed an entertaining afternoon of fine dining and gripping sport at the HFS Milbourne annual lunch and polo tournament which took place at Hurtwood Park Polo club on 16 June 2017.

Photo: From far right: Colin Hayden Cook, Rod Milne, joint managing directors, HFS Milbourne presents the HFS Milbourne Challenge trophy to winning team, TLC

Photo: From left to right: Lynn Child, TWM Solicitors, Guildford office ; Sarah Bostock, TWM Solicitors, Leatherhead office. Mari Magnussen, Barlow Robbins, Guildford office

Two strong and very enthusiastic teams, TLC and Hurtwood Park took to the ground after ex Team GB player Tarquin Southwell explained the rules of the polo whilst Cody Jones of TLC provided a demo of some of the key shots of the game.

“We are always incredibly lucky with the weather and once again we enjoyed fabulous sunshine at Hurtwood Park,” said Rod Milne, joint managing director at HFS Milbourne. “Clients and colleagues enjoyed a leisurely afternoon soaking up the sun with a delicious lunch and plenty of action on the field to keep them entertained. Mixing business and pleasure in this way is a great way to spend a summer afternoon.”

TLC were ahead at half time 3 ½ -2 and it was Cody Jones of TLC that sealed the game and secured the HFS Milbourne Challenge trophy with the only goal of the last chukka. Final score 5 ½– 3. Teams: TLC – Tony Lorenz; Rupert Langdon; Cody Jones; Duncan Hotston Hurtwood Park – Thom Nelson; Bryony Talyor; Tom Brodie William Roberts

MUNDAYS LLP PROMOTIONS Cobham-based law firm Mundays has promoted several staff into new roles within their practices areas. Photo: From left to right: Gavin Partridge, Howard White, Georgina Mercer.

Gavin Partridge joined Mundays in 2015 and has been promoted to Partner within the commercial property team. He is a specialist in commercial property matters including landlord and tenant, property investment and asset management. Howard White has been promoted to Senior Associate within the corporate and commercial team. Howard’s work covers a full range of corporate transactions including mergers and acquisitions, business sales and joint ventures as well as general corporate governance, compliance and procedural issues. Georgina Mercer has been promoted to Associate within the corporate and commercial team. Her work advises on most types of commercial agreements, including software, goods and

8 SurreyLawyer

services, standard terms and conditions, distribution, agency and outsourcing contracts. Georgina has a particular interest in Intellectual Property and Information Technology. Robert Salek has been promoted to Associate within the Dispute Resolution team. Robert holds dual qualification in Australia and the UK and advises both corporate and individual clients on their commercial disputes. Commenting on the promotions, Valerie Toon, Managing Partner said: “We are pleased to reward these individuals with promotions. These are four young and ambitious lawyers and we wish them every success in developing their careers at Mundays”.

Local News

Long service and promotions at Hart Brown Law firm Hart Brown celebrates staff promotions, 40 years of service from a member of staff, and a new office manager for Cranleigh Gerard Sanders (pictured right) from the Personal Injury and Clinical Negligence team, has been promoted to Partner, based at the Guildford office. Gerard has been at Hart brown for over two years, focusing on complex high value clinical negligence and personal injury claims. Danielle Collett-Bruce, 2016/17 LawNet Young Lawyer of the Year, has been promoted to Senior Solicitor in the Commercial and Corporate team, and Debbie Beswick and Tamzin Mandelli are to become Associates. These changes reflect the legal expertise, and outstanding service provided by members of staff at Hart Brown. Following the departure of Alyson Coulson to Devon (where she will continue to practise Law) Louise Harrhy will take over as Partner in charge of the Cranleigh office. Louise joined Hart Brown in January this year, as part of the Trusts & Estates team, bringing with her a wealth of experience in a broad range of private client work including probate applications and estate administration as well as tax planning, wills and court of protection work. Louise is also a member of the Society of Trust and Estate Practitioners. On taking up her new role, Louise said, “Having joined the growing Trusts & Estates team of Hart Brown in January, I am delighted to be able to continue building and strengthening relationships within the local community and to be taking over this role from Alyson.” Caroline Tribe who works in the Godalming office is celebrating 40 years of service at Hart Brown. She recalls that there have been many changes over the years. In 1977 there were just 30 members of staff (there are now over 110) and that back then

solicitors did not specialise as they do today. When asked about what is good about working at Hart Brown she replied, “The people. I’ve worked in several different departments and all of the people I have worked with have been lovely. And the firm have really accommodated my family needs over the years.” Commenting on the various changes within the firm, Tim Pearce, Chair for Hart Brown commented, “I am delighted we are able to recognise our people with well-deserved promotions and by celebrating long service. It is our people which make Hart Brown great – they are truly accomplished in both legal matters and customer service. To celebrate the 40 years of service of Caroline Tribe, secretary in our Godalming office alongside the developing career of the award winning Danielle Collett-Bruce, now Senior Solicitor, who began her legal career with us as trainee, illustrates the diversity of our teams. The promotions reflect the high calibre of people which personify the spirit of Hart Brown and our values of being understanding, straightforward and professional.”

Mundays LLP welcomes new Partner and Head of Commercial Property Mundays LLP is pleased to announce that Michael Nixon has joined the firm as a partner. Michael, who is dual qualified in the UK and Australia has previously worked for a number of major global firms in London and Sydney, joins Mundays’ Commercial Property Department. Photo: Michael Nixon

“Michael is a valuable addition to Mundays and we are excited by the experience he will bring to the firm’s Commercial Property Department. We are continuing the growth of our property offering and Michael brings that next step to our team” said Valerie Toon, Mundays’ managing partner.

Michael specialises in commercial property with a particular expertise in acquisition and disposals ranging from single tenanted to large scale property portfolios, development and office and industrial leasing, as well as advising on the real estate aspects of a number of significant corporate transactions.

“Michael fits perfectly into our property department’s strategic plan to expand our presence in the London commercial property market with over 15 years’ experience working with national and global clients” said Kevin Healy, Mundays’ Head of Property.

His practice also acts for finance companies with property finance matters, with particular experience in the property matters of mergers and acquisitions.

SurreyLawyer 9

Local News

Morrisons Solicitor’s growth continues as firm adds four new Partners Morrisons Solicitors are delighted to announce the addition of 4 new Partners to the firm.

Photo: From left to right: Jonathan Turner, Graham Halsall, Kellie Williams-Jauvel and Greg Vincent.

hree of the new partners, Kellie Williams-Jauvel (Dispute Resolution), Graham Halsall (Property) and Greg Vincent (Corporate & Commercial) have been promoted internally, and Jonathan Turner (Residential Property) who joins the firm from Charles Russell Speechlys this September.

Kellie, based in Morrisons’ Wimbledon office, joined the firm in 2007 as a commercial litigator having trained and worked at a firm based in the City. Her practice covers the full mix of litigation work, both for businesses and private clients, and she has a particular focus on contested probate work.

These additions to the partnership add real strength and depth to the services Morrisons provides to businesses and individuals across Surrey and South West London.

Graham is based in Morrisons’ Redhill office and is a property litigation specialist. Graham qualified as a solicitor in 2008 and joined Morrisons in 2015 from Pinsent Masons. Graham advises both businesses and individuals on a wide range of contentious property related issues, and also has a niche specialism in advising on disputes relating to telecom masts.

Morrisons’ Managing Partner, Paul Harvey, commented “I am thrilled to announce these four new Partners. I am always excited when we recruit talented lawyers, and it’s particularly satisfying when a few years later we are able to bring them into the Partnership. Greg, Kellie and Graham all joined us from larger City firms, and their promotions are in recognition of the outstanding contribution they have made to the firm and to our clients. Bringing Jonathan in from Charles Russell Speechleys demonstrates the ambitions we have as a firm. He adds a huge amount of experience to our residential property offering and will be a real asset to both our team and our clients. All of this comes at an exciting time for Morrisons. In June we were delighted to be awarded the silver accreditation against the Investors in People Standard, demonstrating our commitment to high performance through good people management. In addition we are moving our head office in Redhill into brand new premises in September. These modern offices will reflect who we are as firm and will provide both our clients and our team with a fantastic environment in which to meet and work.”

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Greg, a corporate and commercial lawyer, originally practised as a barrister at Tanfield Chambers before dual qualifying as a solicitor in 2004. Upon qualification, Greg worked for international firm Jones Day for 8 years before joining Morrisons Solicitors’ Wimbledon office. Greg undertakes M&A work for businesses of all shapes and sizes, from listed companies to smaller owner-managed businesses. Jonathan Turner has joined Morrisons’ Redhill office this September as a partner in the residential property department. Jonathan joins the firm from Charles Russell Speechlys, where he has advised private clients in relation to the sale and purchase of residential property, acting for individuals and financial institutions on residential mortgages, and landlord and tenant issues. Kellie, Greg and Graham are Partners from 1st August 2017, and Jonathan Turner joins the firm on the 21st September 2017.

Local News

Turning the Spotlight on Lasting Powers of Attorney Recent comments by retired Court of Protection Senior Judge, Denzil Lush, have thrown a spotlight onto Lasting Powers of Attorney. His comments have included concerns over the potential for financial abuse by attorneys.

hilst this in itself may cause some individuals to hesitate over whether or not to make a Lasting Power of Attorney, it has brought an opportunity to examine how Lasting Powers of Attorney operate, their advantages and the consequences of not making one. A Lasting Power of Attorney (LPA) is a legal document that allows you (the Donor) to appoint one or more people to help you make decisions, or make decisions on your behalf, once you have lost the mental capacity to do so. LPAs were introduced in October 2007, replacing the previous system of Enduring Powers of Attorney (EPA); however, an EPA is still valid if it was made prior to October 2007.

The health and welfare LPA allows your attorney to make decisions on your behalf about your health and welfare if there comes a time when you are not able to do so. Attorneys are able to make decisions on a number of matters, for example, about where you live, as well as your day to day care, including your diet and what you wear. You can also give your attorney the power to refuse or consent to life-sustaining medical treatment. Both LPAs must be registered with the Office of the Public Guardian who is responsible for maintaining a register of all registered LPAs. An LPA can be registered at any time after it has been signed by all relevant parties. The registration process can take around three months. The key difference between the two LPAs is that a property and financial affairs LPA can be used whilst you still have capacity whereas a health and welfare LPA can only be used once you no longer have capacity to make decisions.

The crucial point is to set up an LPA while you still have the capacity to do so. This enables you to appoint someone you trust and you can also choose which decisions they are allowed to make for you. Donors often appoint their spouse/partner or other trusted family members but, in some cases, it A property and may be appropriate to appoint a professional financial affairs LPA attorney. Attorneys must comply with the allows your attorneys relevant guidelines and obligations. These to make a range of include but are not limited to duties of care and good faith, as well as obligations not to take decisions on your advantage of their position as attorney. Attorneys behalf if there comes must also keep accounts, ensuring that the a time that you are Donor’s assets are kept separate to those of their unable to manage own (in regards to property and financial LPAs).

If an individual loses capacity and has not made a valid Lasting Power of Attorney, an application must be made to the Court of Protection to appoint a ‘deputy’ to administer that individual’s finances. This can be a very difficult and stressful period for the individual and loved ones. The application to the Court of Protection can be complex and can take in the region of three to six months before an order is made, making it substantially more expensive than making an LPA. During the intervening period, it is your finances on not possible to administer an individual’s personal There are two different types of LPAs. One type your own. affairs, which often presents significant difficulties covers your finances and any property you may with regards to cash flow for both the individual and their family. have, the other covers your health and welfare. You can decide A person who has lost capacity without having an LPA in place, is whether to make either types of LPA, or just one; you can also not able to make an expression of wishes as to how their affairs, choose whether to appoint the same attorneys for each LPA, or or health and welfare, should be managed. LPAs therefore play a different attorneys. It is also recommended to consider the vital role in giving peace of mind to the donor (and of course their appointment of replacement attorney(s) to act, if more than one family) in having regard to the Donor’s wishes, during what will replacement attorney is appointed it is important to state clearly be a difficult period. how and when they should commence acting. A property and financial affairs LPA allows your attorneys to make a range of decisions on your behalf if there comes a time that you are unable to manage your finances on your own. These decisions include, but are not limited to, the buying and selling of a property, managing your bank accounts and paying your bills, dealing with tax affairs and claiming benefits to which you are entitled. If you are not completely happy with an attorney making all of these decisions, you can place limits or conditions on what your attorneys can do.

For anyone thinking about making an LPA, it is important to seek independent legal or professional advice to ensure that the nature and extent of the power afforded to the persons whom they choose to appoint, is fully understood.

By Kieran Bowe, Partner in the Private Client Group at Russell-Cooke LLP with contributions from Group Colleagues Laura Clarke and Julie Rowe.

SurreyLawyer 11

Litigation

LITIGATION FUNDING: HERE TODAY BUT GONE TOMORROW? London, 31st July 2017 - Third party funding (“TPF”), or litigation funding, is becoming increasingly important as a source of financing the legal costs of bringing commercial claims.

ome claimants are able to make use of TPF to pursue claims they would otherwise have shelved due to lack of funds, whilst for others TPF represents a risk management tool to keep legal costs off the balance sheet and free up cash, even if they can afford to pay their lawyers. Georgina Squire, partner at solicitors Rosling King, explains that there is a significant opportunity to turn a sizeable profit, with relatively little regulation for the funders and those investing in TPF. There is a common misconception that TPF is forbidden by the aged doctrines of champerty and maintenance, or indeed barretry (see ambulance chasing). Supporting someone else’s claim, seeking to profit from the result or stirring up claims for that purpose, were all outlawed as long ago as 1275, when they were criminal offences. However, much has changed in the intervening 700 odd years and, in particular, since the landmark decision in Arkin –v- Borchard Lines Ltd in 2007 and the advent of the Jackson costs reforms, growth in the litigation funding market has been exponential. The courts and the judiciary have more recently helped to galvanise the position of TPF as a legitimate and permanent feature of the legal landscape. In his 2011 lecture on the subject of litigation funding, Lord Justice Jackson himself expressed a hope that, “…in future litigation funders will be able to support a wider range of litigation than at present…” and recognised the important changes they were making. In the recent case of Excalibur Ventures –v- Texas Keystone and others [2016], Mr Justice Tomlinson commented that “…thirdparty funding is a feature of modern litigation”. Whilst the case focused upon the continuing relevance of champerty and maintenance and was rather negative about the claimant, its solicitors and the funders involved, Tomlinson explained that, in his view, litigation funding was unlikely to be caught by those doctrines as “…rigorous analysis of law, facts and witnesses, consideration of proportionality and review at appropriate intervals…” is what is to be expected of a responsible funder. He also commented that, “…such activities promote the due administration of justice”. Good news then for TPF, and music to the ears of the established funding community (none of which were involved in Excalibur, luckily for them, as those who were received a judicial pasting). Arkin and Excalibur have certainly helped to legitimise the role played by TPF and funders in the civil justice system, postJackson. However, some members of the judiciary have voiced concerns, such as the former justice minister, Lord Faulks QC. He recently commented in The Times that, TPF is “…in danger of undermining the integrity of our much admired legal system”. He called for statutory regulation of the sector on the basis that, “…the state of the market means that there are real risks of abuse and disproportionally large sums are flowing into the coffers of litigation funders”. The link between justice and profit

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is clearly not an attractive feature of TPF and harks back to the public policy behind champerty and maintenance in the thirteenth century. There have also been other bumps in the road. In the recent case of The RBS Rights Issue Litigation [2017] EWHC 1217 (CH), the Court made an order for security for costs against a litigation funder to the tune of £7.5 million. The rewards of investing in TPF are not therefore without their associated risks (let alone losing all your money). It seems therefore that there is a trend to recognise and accept TPF as a legitimate industry but pin the risks of claims on funders and prevent them from simply scooping up the rewards of litigation and disappearing into the sunset.

The Future The TPF market seems to be dividing into two tiers, with some funds specialising in backing only a handful of very high value claims each year (such as Burford in the US and Harbour in the UK) and other players in the market funding multiple, lower value claims or portfolios of recoveries (such as Augusta Ventures). TPF remains the preserve of commercial claims with potential awards of damages that make deals work for claimants and funders alike. However, there is also potential for an increase in the use of litigation funding in other sectors. For example, TPF may be attractive to government bodies in relation to the funding tax or asset recovery claims following government funding cuts. Insolvency practitioners are also looking to TPF and third party money to fund recoveries from former directors in situations where good claims would otherwise have been abandoned for lack of funds. If the merits of the claim and the potential damages in play warrant it, then third party funders will be interested. It seems likely that the press attention being received by the industry and the many millions of pounds being invested will lead to further calls for tighter regulation of the sector. At present, the main players in the industry are signed up as members of the Association of Litigation Funders and this will carry a mark or respectability and reliability for claimants looking for funding. However, those involved in TPF can perhaps expect a legislative move towards more stringent rules beyond self-regulation as the price of true legitimacy within the civil justice system. For more information, please contact

Clare Ambrosino clare@mediahouse.co.uk or Ramsay Smith ramsay@mediahouse.co.uk at Media House International on 0207 710 0020 or see their website at www.rkllp.com

Council members Report

Council Member’s Report Joe Egan was duly inaugurated as the 173rd President of the Law Society of England & Wales at our AGM in July. I think all would agree he has a hard act to follow as Robert Bourns represented the profession with great dignity and ability throughout his year.

oe will have an equally good year I am sure and as a Past President of Bolton Law Society and very much a hands on High Street solicitor he knows all the problems that we are faced with day by day. A weekly president’s update is issued by the Law Society which is forwarded on to all Surrey members. If you are not getting this do please let us know and it is easily rectified. Legislative matters seem to have gone slightly quiet on our front, presumably because of the confused state of British politics. We should not be complacent about such matters as the huge price in probate fees being shelved, as instinct dictates they will come back in another form later on! We must be alert to renew our vigorous fight against such unjust Treasury driven measures. Another particular bugbear is the continual rumblings about electronic signatures on Wills and Powers of Attorney which, in my book, means a fraudster’s charter. We have all experienced situations where vulnerable clients have had advantage taken of them by unscrupulous friends or relatives. In my own firm we have just recently had to chase such a miscreant who had misappropriated tens of thousands of pounds from his trusting relative. The safety measures in the Wills Act and Lasting Powers of Attorney Act are there for a good reason. The systems are not perfect but removing wet signatures will make them much easier to forge. I was reassured by the Law Commission statement recently that although they were allowing for the possibility of electronic signatures on Wills in the future it

should only take place when it had been proved that adequate safety measures had been developed. On the other hand, I disagree with retired Judge Denzil Lush’s views expressed on the Today programme that he did not trust LPAs and would not make one himself. He appears to forget he was only asked to adjudicate on the ones that went wrong. The vast majority of LPAs are used properly and are an absolute godsend in the usual family situation. It seems to me that the Judge’s comments are about as sensible as saying that marriage should be abolished because there are divorces. I will end with my usual plea to respond to consultations by the Law Society. Do send case studies where possible if they are looking for them, and do not give the Government the excuse that so few solicitors reply that they obviously do not feel strongly about a particular subject. We all do, but it is no good moaning about it in the pub if the Law Society are not given the tools to be able to show the Government that some of their proposed schemes are not in the public interest and sometimes downright dangerous. Also as usual, please use Sushila and I as conduits between you and Chancery Lane. We are always available to talk about what the Law Society is trying to do and why, and are very happy to take individual points to Council if information is required or clarification needed. See you at the dinner.

John Perry

Surrey Law Society Magazine Relationship Manager's Report, September 2017 As the summer draws to a close and the memories of sunshine, beaches and long warm evenings become a distant memory, I would like to remind you of some important developments for the profession which came to light over the holidays. SRA Handbook Consultation Following the Solicitors Regulation Authority’s (SRA) consultations last summer, which considered proposals for the Code of Conduct and Accounts Rules, the regulator announced a series of decisions in June. Despite strong opposition from the Law Society, backed up by a substantial body of evidence, the SRA decided to go ahead with most of its original proposals, including: • Removal of restrictions on solicitors delivering non-reserved services to the public from unregulated entities • A new reduced set of six principles • A new shorter Code of Conduct for Solicitors • A new shorter Code of Conduct for Firms In order to provide you with information about the changes and assist you in considering the implications, we have drafted a briefing which is available on our website. As these are fundamental changes, I would urge you all to review the briefing to ensure that you are as fully informed as possible. The SRA plans to issue a further consultation on the rest of the Handbook proposals, including new authorisation and practice requirements and enforcement strategy in the autumn. The regulator has also confirmed that they are committed to implementing all changes at the same time, and do not anticipate introducing the new requirements before autumn 2018. We will keep you abreast of further developments as soon as we have any more information. Fixed Recoverable Costs At the end of July, we heard from Lord Justice Jackson in relation to his review of the Fixed Recoverable Costs regime. Following the review, he

recommended that fixed recoverable costs should apply to claims valued up to £25,000 (rather than the £250,000 figure originally considered), with a further fixed recoverable costs regime for some cases of modest complexity up to £100,000. This is a significant scale back to the original proposals, boosting the principle of justice and delivering fairness for all. The Law Society does not oppose fixed recoverable costs in principle. For genuinely low value and straightforward claims, fixed costs can offer some assurance for both sides in litigation and they avoid protracted disputes about the level of costs. However, we still have reservations that introducing fixed recoverable costs without robust empirical evidence will negatively affect access to justice, if the impact of these proposals is not carefully assessed. We are keen to engage with our members to understand their views and concerns in this area. Please feel free to contact me with comments in relation to Fixed Recoverable Costs or any other areas of interest with regards to your professional practice. Bhavni Fowler Relationship Manager – London, South East & East The Law Society Email: bhavni.fowler@lawsociety.org.uk Tel - 07773 254 543 @LSGreaterLondon @LawSocSouthEast

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Management

Legal case management software: here and now and looking ahead David Bowden describes the current trends in the market for case management software for legal service providers. Legal service providers face increasing demands to automate their processes and utilise case management software products. They need to ensure that they are making the best use of these products. In recent years, the market has consolidated and new products have emerged. There are differences between all the products, and users need to make intelligent choices to obtain the best value for money. Cloud computing continues to grow in popularity, and offers lawyers the chance to work remotely or when on the move. Some law firms have been reticent to use cloud-based products for various reasons, but is this caution justified? This piece examines trends in case management software in recent years, and looks ahead to what practitioners think will be around the corner. Main product providers There are a large number of software providers, including those that provide proprietary software, such as Oyez forms or Laserforms, or are licensed to supply official forms produced by HM Land Registry or HM Courts and Tribunals Service. Within the legal marketplace there are solid case management packages offered by firms such as the following: Solicitors Own Software Ltd (SOS); • Advanced Legal Business; • Peppermint CX; • Clio; • LEAP Legal Software; • Technology for Business; and • Visualfiles. At the top of any managing partner’s mind will be billing the work in progress. Time-recording products, such as Rekoop or Omnia or Evolution, continue to prove popular and can stand alongside other case management software. Finally, CostsMaster seems to have proved itself as the gold standard for producing bills and costs budgets. In October 2016, Thomson Reuters launched its new Firm Central product aimed at law firms with fewer than 20 fee earners. Market developments in recent years Martin Langan is a solicitor and director of Legal Workflow Ltd in Chichester. He notes the consolidation that has taken place in the market, with smaller firms being acquired by larger ones, which has meant that there had been more investment in the products on offer; however, the downside was this had led to less choice for users. What a particular firm wants is not necessarily what everyone else wants. Sean Linley is a costs consultant at PIC Legal’s Newcastle upon Tyne office. He says that there a number of firms bucking this trend by creating and utilising their own customised case management system. PIC Legal has created such a system called Clive for its use. Where a firm uses a proprietary package, it will often need a degree of personalisation done externally by an IT consultant or by an in-house developer. Anita Amies is the Brighton-based practice manager of Sussex firm Coole Bevis LLP, who is responsible for a headcount of 70 staff across the firm’s four offices in Brighton, Horsham, Hove and Worthing. She agrees with Martin Langan’s point about consolidation, noting that originally MatterSphere was provided by SW Business Services which was then acquired by Thomson Reuters. Anita Amies does not agree that consolidation has necessarily been a good thing, saying that she found it far easier to deal with SW Business Services and doubting whether medium- size law firms are of interest to larger providers. Gareth Jones is a software solutions specialist, with responsibility at Thomson Reuters for developing its Firm Central product. He says that there has been a greater acceptance of practice management or case management systems by legal services providers. His view was that, previously, the market had been quite fragmented. Now, however lawyers, understood that technology can be a help and not a hindrance. He says that if you want to be efficient, case management is essential.

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Julian Bryan is the chair of the Legal Software Suppliers Association. He points out that, contrary to predictions, what has not happened in the past five years is any major consolidation in the number of law firms operating in the UK. In fact, in England and Wales, the number of law firms regulated by the Solicitors Regulation Authority (SRA) has remained static and there are about 1,000 new law firms gaining approval to practice every year. What has happened has been a massive shift towards cloud-based software provision. Five years ago, there was scepticism towards the cloud: both software suppliers and law firms were dipping their toes in the water with a token cloud offering. Today, at least one-third of all law firms’ primary legal practice management system is cloud based, with lawyers expecting round-the-clock access for themselves. Peter Baverstock is the CEO of LEAP. He agrees, saying that a lot of law firms are now getting smart with technology and, in the past five years, firms have started to realise the need to be available when clients want to talk to them. LEAP is the largest UK cloud provider to small law firms, with a client base of 1,200 UK firms using the cloud and another 600 firms using older technology. LEAP sees 300,000 documents a day being uploaded to the cloud by its client users. Using a cloud-based case management product Some firms have also embraced cloud-based storage data solutions using products provided by companies, such as Dropbox, Sugar Sync, Amazon and Google Drive, so that their fee earners can access files where ever they are. Although Gareth Jones admits that Thomson Reuter’s Firm Central product is a cloud-based product, he stresses that all the data is held on a UK data cloud server. Coole Bevis has an external IT provider and two IT managers. Anita Amies says that the firm has its own server and does not use the cloud. This works well for a traditional law firm where many fee earners are desk based, and Anita is concerned about the risk if laptop computers containing confidential data were stolen. However, others are keen to bring out the benefits of the cloud. Sean Linley refers to a case study where a firm had water leaking into its office, and its server was taken offline and was out of action for a week. Martin Langan too points out that firms which keep their servers on their own premises are vulnerable to fire, flooding or theft. Peter Baverstock agrees, noting that the recent ransomware attacks affected servers but not those using the cloud. LEAP stores its UK firm data in an Amazon web services data centre in Ireland. His view is that the cloud is more secure than a firm’s own server on site, and it also offers remote access working on devices such as androids, tablets, smartphones as well as desktop PCs. PIC Legal uses Microsoft SharePoint internally, and this has the benefit that fee earners can access documents produced in all the firm’s offices. Martin Langan points out that if a firm takes cloud provision from an accredited company, it can be reasonably sure that it will be secure. He says that if a firm is using the cloud and has problems with its connection, then it can connect or log on from another location. Conversely, if everything is on site, then nothing can be done by anyone until it is fixed. He refers to certainty in budgeting with cloud provision. Martin Langan’s view is that most of the arguments against using the cloud have now disappeared, provided firms take heed of advice from the SRA and other reputable resources. The cloud-based products, such as Dropbox or Firm Central, can all be accessed from a tablet or smartphone. Data security and guidance from regulators Part 8 of the CILEx Code of Conduct 2017 states that: ‘You have a duty to ensure the safety and security of electronic and paper documents in your possession. They must be stored safely and disclosed only to those entitled to receive them.’

Management Gareth Jones points out that Thomson Reuters follows the guidance issued in November 2013 by the SRA, and that Firm Central is compliant for ISO 9001 Quality Management and ISO 27001 Information Security Management.¹ Firm Central is also SOC 2 compliant. Anita Amies stresses that you must train the lowest common denominator in a firm to prevent bugs getting into your system in the first place. William Chapman is a barrister at 7 Bedford Row Chambers in London, who has also written commercial software and is proficient in C++, Javascript, Python and Visual Basic. He is also keen to highlight positive data security aspects of using the cloud. He starts from the premise that all data is as secure as your password. His view is that it would be very difficult for someone to breach security on Dropbox because it has a two-stage verification process, which involves sending a SMS text to your mobile phone when you log in. He also points out that data clouds such as Dropbox are so huge that it would be a drop in the ocean for someone trying to find your data on its server. In December 2015, the Bar Council’s IT panel issued a three-page document, which points out that cloud computing does not remove the need for a good backup system.² Impact of the General Data Protection Regulation n 25 May 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, to be known as the General Data Protection Regulation (GDPR), comes into force across the EU. It contains some key new provisions that legal service providers will need to be ready for such as the following: Article 17: the new right for a law firm’s clients to be forgotten and have their personal data erased on a case management system when that data is ‘no longer necessary in relation to the purposes for which they were collected or otherwise processed’. Article 32: makes a data processor responsible for data security as well as a data controller. Article 33: notifying personal data breaches to the Information Commissioner’s Office. Article 34: notifying any personal data breaches to a client. Julian Bryan predicts that the legal industry will be weaving a potentially challenging route through the opposing needs to keep data for retrospective inspection by regulatory bodies and destroying data relating to individuals. This will be made all the more challenging as additional law firms take advantage of the benefits of cloud-based systems and when the GDPR comes in force. Ultimately, data made by law firms is owned by them, and firms have a duty to protect what they have created. As more data moves from party to party across the web, managing and protecting minors and vulnerable citizens, in particular, will be more difficult. Statements made by software suppliers that they ‘never delete data’ are not acceptable today, let alone in an environment where so much more is being sent between parties. Other issues around case management software When two or more law firms merge, this will necessitate melding together two sets of data. Anita Amies stressed that the role of an IT supplier is key, and a merger will require a lot of work to be done in-house. When Coole & Haddock merged with Woolley Bevis Diplock LLP, in April 2016, Anita Amies found that a lot of nominal code listings were different in the two legacy firms. She cautions that a firm should not underestimate the labour required in-house after a merger. Products, pricing and value for money What all these providers seem to have in common is a reluctance to advertise the price of what they are offering. Anita Amies praises Thomson Reuter’s Practical Law product, but says that what her firm pays for an annual Practical Law subscription is too high and should be set at what it would cost to employ a professional support lawyer who worked in-house to provide the same service. She likes the ‘pick-andmix’ pricing model that Lexis®PSL adopts, which allows her firm to choose which modules it wants. One notable exception is LEAP, which costs £95 per month per user. This price also includes building and hosting a website for a law firm user. Peter Baverstock says that the cost of LEAP is transparent, including

innovative features beyond the traditional case management solution, which represents value for money, and that firms can save thousands of pounds a year by buying it. Martin Langan says that LegalWorkflow agrees a specification with a law firm client as to what needs to be done to customise products to work best for them, and then agrees a fixed fee for that work. Thomson Reuters has a user licence pricing model for its new Firm Central product, but declined to say at what level this is fixed. Martin Langan said that law firms which simply buy an off-the shelf-case management product, without giving thought to what their needs were and any customisation to meet them, were risking pouring money down the drain. Predictions for the future Perhaps surprisingly for a barrister, William Chapman predicts that in the future everyone will be paperless and will be using a data storage product, such as Dropbox or G-Suite. He points out that this will make people more mobile and reduce the need for expensive infrastructure. As to Dropbox, William Chapman highlights that it works, is robust, has never failed him so far, and is never slow to synchronise - usually taking only a few seconds. Martin Langan agrees that going forward either more or most work will be done in the cloud. He wonders too how much further the market will go, noting that much legal software was created originally in the 1970s and has not changed an awful lot since then. He predicts that in the next five or 10 years, we will see more agile systems; the standard will be that things are done online with your clients and that there would be more cloud-centric software. Sean Linley agrees that in the future things will be far more process driven, for example, for low-value personal injury matters. He thinks that there will be more intuitive developments such as the use of artificial intelligence (AI) which will prompt you about what to do next in a case. He too believes that the cloud will develop further because more people will want to work at home or on the move. Lord Justice Jackson, in his Review of civil litigation costs: final report, said that lawyer’s charges had been too high for too long, and so firms would have to adapt and become more cost effective.³ While a lot of effort will be taken away, the downside will be less of a customerservice focus except for high-value matters and a corresponding decompression in the value of legal work. Anita Amies says that it is inevitable that the old secretarial role will fade, but that this will not happen in full until some of the more traditional lawyers retire. Although in the future there will be fewer secretaries, for those who remain their role will be upskilled. She and her firm remain alert to the threat posed by virtual law firms, which she believes will continue to grow and become much more professional. Gareth Jones predicts that case management systems will have more and more functionality added to them. He also thinks that voice recognition will be used more. He sees that systems will offer better linking of case and matter management. Sharing the views of cloud adopters, he too says that it will continue to offer lots of possibilities. Julian Bryan notes that the cloud makes it much easier for law firms to interact with each other and their clients. In conveyancing, there are a number of software providers bridging the link between estate agent and conveyancer by referring business between each party. He predicts that law firms will look to outsource functions, such as cashiering, payroll and typing, to more cost-effective solutions where expertise is concentrated and labour is, potentially, cheaper. He thinks that AI and machine learning will start to have an impact on the delivery of these back-office services. He predicts that, in the future, there will be far greater data sharing, but much more on a privileged ‘need-to-know’ basis. He says that software suppliers will have to adapt their systems to accommodate these opposing challenges, and lever competitive advantage from providing the appropriate functionality to accommodate this rather than hiding behind castle walls. Peter Baverstock predicts that law firms which embrace technology will enable their staff to work flexibly and from home, and correspondingly they will be more productive. He predicts too that a lot more clients will want to work digitally and that those firms which do not digitise will struggle. He also believes that smaller law firms will be around for a long time to come. However, he says there is pain in going paperless, and there remains trust in having a paper document. He too sees that there will be more market consolidation among software providers.

SurreyLawyer 15

Management

Succession problems are also acquisition opportunities Two factors are now having an impact which will lead to an increasing consolidation of the market. For some - the need for succession Many small firms are facing the prospect of the retirement of partners, some of whom may have been the driving forces behind their firms in the past, creating the dilemma of how to replace them (and their capital) to secure the future. The dilemma is even worse for sole practitioners who when facing retirement have even fewer options. For others - the need for profitable growth Other law firms are also not immune from the need to take steps to safeguard their long term futures, which will depend on continuing to be able to provide their clients with value for money legal services they need and will demand. These firms need to grow in a focused manner to provide the resources of finance, expertise and infrastructure now needed if they are to become competitive. 1. Firms seeking profitable growth These firms are likely to identify that not only do they currently have insufficient resources to achieve their ambitions but they also realistically recognise that on their own they will not be able to build such resources at an acceptable economic cost to their partners. Scale is therefore required if the necessary stronger resource platforms are to be developed. Achieving this will enable a law firm to better: - Grow its ability to attract, retain and develop the best people. - Build a management support infrastructure and know how / expertise to underpin the effective and efficient provision of the high quality legal services clients now require. - Provide enhanced ability to exploit opportunities and to provide clients with the services they now need, where they need them and how those services are delivered. - Build a higher level of sustainable profitability than is currently being achieved - Ensure more effective risk and compliance management which have now become not only high priorities for law firm managements, but in reality mandatory requirements. How can a firm which needs to build a stronger platform for focused growth achieve this? For a firm looking to expand by non-organic growth, there may be a number of internal obstacles to achieving what might be regarded as a ‘merger’ - Many firms I speak with only wish to combine with a smaller firm (presumably for reasons of control) - They look at a target firm as it is now rather than visualising what together the two firms could become - They only look at the differences between the firms rather than their compatibility and how they might ‘mesh’ together to create something greater than the individual parts (the laws of magnetism come to mind – ‘like poles repel, opposite poles attract’) An alternative to a ‘merger strategy’ is an acquisition strategy by which a firm will aim to acquire good clients, people and expertise from a number of small firms who may be looking for a ‘lifeline’. A good place to start would be to identify firms which have succession issues. Firms will have their existing professional networks (banks, accountants, consultants, head hunters and recruiters etc) and these can be enlisted to help search for appropriate opportunities.

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I earlier mentioned focused growth. Having an appropriate focus to its business is vital for a law firm as clients and prospective clients no longer want generalist law firms, but instead want to instruct firms which have clear specialisms appropriate to meet the needs of clients. This may involve building a focus around particular types of work or types of clients or sectors. At the outset therefore an acquisitive firm seeking opportunities should be clear as to its future business focus and identify firms it is prepared to look at with a view to filling gaps or building new areas of work to strengthen that business focus. An acquirer is also likely to identify other criteria by which to judge a prospective target. For example - What will it do for the firm in terms of acquiring quality people, enhancing reputation and building profitability? - The firm’s clients and the ability to retain and develop them profitably - The people in the target firm, their wishes as to future careers and status and their remuneration - The firm’s claims record and its compliance with regulation - What impact acquiring the firm will have on cash flow, both in the short and longer term? A number of targets may need to be looked at and ideally an internal team should be put together which has the skills to effectively consider these matters. If not then appropriate external help should be enlisted. 2. Firms with succession issues In some firms partners or sole principals have put their heads in the sand and hope the problems relating to succession will just go away. Sometimes this may be because there is not the knowledge or the skills to deal with the problems. Whatever the reason, such problems do need to be resolved because they do not go away but become more acute as time passes. How should a sole practitioner or a small firm approach dealing with succession? Options may possibly include: - Continue the practice by taking in / handing over to one or more other partners, if there are available candidates willing to continue the practice on an agreed financial basis which accommodates an outgoing partner. However, there does seem to be more aversion to taking on risks these days on the part of many younger people and so increasingly partners who would like to retire are finding that this option may not exist. The risks are often perceived to be greater where the clients are concentrated around the retiring partner and where there has been no effort to organise an orderly hand – over to others. - Close down the practice, with the costs of run – off cover associated with this route, which may make this option unattractive. - For some sole practitioners who cannot afford to or choose not to, buy run – off cover, this may mean continuing to work while running down their practices to a level of turnover which will make run – off cover more affordable. - Finding another firm to sell to or to join as the realisation grows that the only sensible option may be to throw in their lot with others.

SLS Succession Seminar in Kingston 11th October 16:00 - 18:00 £12pp Details on the SLS website.

Management

The current legal market is excessively fragmented to such an extent that around 80% or more of firms are too small to be viable from an economic and a regulatory standpoint and to compete effectively. In this Briefing Note I am going to focus on the last option above joining with another firm, by looking at how this should be approached, given the likely needs and attitudes of firms seeking acquisitions outlined above. Firms or sole practitioners with succession issues should ask themselves some questions Do I have a business which another firm is likely to want to acquire? Acquisitive firms are likely to be seeking to add to the existing skills and expertise they already have or to create new areas of expertise. Sole practitioners or small firms should therefore work at building competitive focuses to their practices which are going to be attractive to other firms. By their nature many sole practitioners and small firms already have quite focused and profitable niche practices. In particular, if a firm’s practice is in an area of expertise currently in demand and where there is likely to be sustainable growth in the future, - which another firm needs but cannot itself provide or grow easily, quickly or at an acceptable economic cost - which is delivering increasing profitability on a sustainable basis from a stable and growing client base then that firm is likely to be an attractive target and will have something to sell. This is about picking winners and is likely to require forward planning perhaps ten years in advance to ensure that a firm creates something which will have a value and can be sold. This is not a pipedream – there are many examples of small niche or boutique law firms which have realised their value by carefully preparing their businesses for sale in this way. On the other hand, small firms with a mixed bag of unfocused and not very profitable work are likely to struggle to find anyone to take them on. If a firm is in this latter category then it should take a hard look at itself to see how it can make itself more attractive to a potential buyer – - perhaps there is an area of work which serves no useful purpose and loses money or burns cash which the firm should close down or dispose of, which would then sharpen the firm’s focus and make it more profitable and financially stable - if the profit trend is downwards and debt is increasing then more drastic measures are likely to be needed, not just to prepare the business for disposal but to enable it to survive and avoid insolvency or a ‘fire sale’ Does my firm have a value? This question can often be approached by looking at what a lawyer may have to sell – - His or her services / labour? – these will have a price / salary in the employment market place - There may be some ‘hard’ assets such as work in progress or a property which can be realised - Or there may be ‘goodwill’, which is the difference between the net hard asset value and what a firm is prepared to pay for the business. NB – in relation to valuation and to ensure you receive your value, always take good valuation, accounting, tax, P I insurance and legal advice.

Research the market Whether you are a ‘buyer’ or a ‘seller’ you will stand a better chance of finding what you are looking for if you thoroughly research the market. You can do this yourself or use a suitable third party experienced in this line of work. I find that even in small geographic legal markets, many firms do not really know much about the other firms in that location and the work they do. They often have ‘perceptions’ but rarely any hard knowledge about a firm and its business. You may have drawn up a shortlist of target firms which you have researched, possibly using various criteria such as ‘compatible cultures’, reputation, strategic fit, market positioning or size. You may then have arranged a meeting with your No.1 target on the shortlist. At that first meeting you are likely to have no longer than an hour to make an impact and to sufficiently enthuse and excite the other firm with the idea of getting together with you, that they will want to take the matter further and arrange a follow up meeting for more detailed discussions. As emphasised above, to do this you will first need to have carried out sufficient research into the other firm and the market place in which you both operate to enable you to present a clear and coherent vision for what you could together build. You are likely to have only one shot at this and so preparation is vital, both in respect of the business case you put forward and your communication skills. You may well be asked searching questions by the other firm which you will need to be well prepared for. For example: ‟We can see what we could do for you, but what could you do for us? “[Sale / acquisition / merger] is not currently on our agenda, so why do you think getting together with you is something that would be of interest to us?” “How will putting our two firms’ together make the resulting firm more profitable than we are currently?” Doing your in-depth strategic research and analysis of the market and the target before you meet is likely to pay dividends and will enable you to give a message to the other party that you have done your homework and deserve to be given a hearing. If handled well, this initial part of the process, to develop a shared vision, may lead the two parties to arrive at certain realistic conclusions as to the direction in which the two firms should be heading. This may point clearly to their getting together as an optimum route for both. On the other hand, the initial meeting may show one or both firms that doing so (at least between them) would be a mistake. As part of this process, it is important to look beyond what each firm now represents and instead, consider what the two firms together could build for themselves and the potential benefits which could accrue to both parties. Developing and communicating these messages are some of the most important things that those running the two firms will need to undertake throughout discussions, as well as subsequently, to ensure the deal is not only concluded but is successfully implemented to achieve both parties’ objectives. Whether your firm is a potential buyer or seller, does it have a plan for its future? © PETER SCOTT CONSULTING 2017

SurreyLawyer 17

Finance

Jackson’s New Costs Proposals are Balanced but Seismic Lord Justice Jackson has today announced the result of his long-awaited review of Fixed Recoverable Costs

upping from a poisoned chalice he has been cradling for many years now, LJ Jackson has managed to produce a carefully balanced report. Make no mistake, his proposals represent a seismic shift in legal costs – with key proposals including the widely predicted (by me amongst others) introduction of an intermediate track covering cases between £25k and £100k, combined with capped costs of £80k in business and property cases up to £250k. The supplemental report to LJ Jackson’s final report on his Review of Civil Litigation Costs, summarises the proposals: “In this report, I recommend a grid of FRC for all fast track cases, as set out in chapter 5. Above the fast track, I recommend a new ‘intermediate’ track for certain claims up to £100,000 which can be tried in three days or less, with no more than two expert witnesses giving oral evidence on each side. The intermediate track will have streamlined procedures and a grid of FRC, as set out in chapter 7.”

should be straightforward if the stakeholders come together and gives noise induced hearing loss claims as an example of how it can work. The appointment of a working party to address this vexed question makes good sense. The proposed costs capping regime for business and property cases up to £250,000, with costs capped at £80,000, will go some way to easing the concerns of SME’s, voiced by the Federation of Small Business amongst others.

All eyes will now be on the Civil Procedure Rule Committee, who will need to implement these with a steely eye on past experiences and practical considerations.

The report singles out clinical negligence costs and LJ Jackson recommends that the Department of Health and the Civil Justice Council should set up a working party, including with both claimant and defendant representatives, to put together a clinical negligence specific process for handling claims up to £25,000. This should include a grid of FRC. This scheme will capture most clinical negligence claims. LJ Jackson suggests this

On Judicial Review cases, the report concludes that if qualified one way costs shifting (QOCS) is not to apply, the Aarhus Rules should be adapted and extended to all judicial review claims, with costs management being available at the discretion of the judge, in heavy claims of this type.

For all the balance of LJ Jackson’s proposals, let’s not beat around the bush, these are significant changes. They will bring more process changes, more amendments to the rules and practice directions, more opportunities for the ingenious to exploit the new provisions, to sidestep the unwanted and embrace the desirable, depending on which side of the fence you operate from. All eyes will now be on the Civil Procedure Rule Committee, who will need to implement these with a steely eye on past experiences and practical considerations. Those in everyday practice must continue to be consulted to ensure potential wrinkles are ironed out and expensive satellite litigation is minimised – although some is inevitable as weaknesses in drafting are stress tested through the courts.

Richard Allen Partner at Burcher Jennings

18 SurreyLawyer

Finance

Equity release: changing landscape fuels impressive growth

The equity release market is currently enjoying a period of record growth – and it shows no signs of slowing just yet.

n 2016, after a fifth year of consecutive growth, the market hit £2.1bn, double the value it was in 2011. This year sales of equity plans have rocketed, with the value of lending in Q1 at £697m, a 62% increase on the same period last year and the highest recorded year on year increase in total lending to date. Although this is a UK wide trend, the largest growth in equity release sales was here in the South East, up 88%, whilst the East Midlands claimed the largest slice of total lending with an 89% increase on the previous year.

of money released is £73k, with 62% of customers spending some of the cash on home improvements, a third splashing out on holidays with the remainder using part of the funds to clear credit card debt and loans. A significant number of retirees also use some of the funds to support other family members, for example, by paying off student debts or providing a deposit for a house purchase. Equity release and divorce

Using equity release in later life can also be prompted by basic capital or income needs, or to fund domiciliary care. Nearly 1 in 10 people over the age of 60 taking out equity The interest only time bomb release plans are divorced, or separated, with couples Interest only mortgage holders are the major contributors to releasing money from their property to fund a divorce or to this growth. About 10,000 borrowers a year will come to the re-house a spouse. Crucially it is an option that allows one end of their interest only term over the next three party to remain in the home whilst still being able years and equity release will be the solution to Using equity to fund a possible financial settlement. their capital repayment deadline. One in five equity release customers use the cash to clear mortgage debt, meaning they can stay in their property without having to sell up, or worse still, face the prospect of losing their home altogether. However, the equity release boom is not all about interest only and it is worth looking at some of the other reasons behind this impressive growth which in terms of customer numbers puts equity release as the fastest growing mortgage market in the UK.

release in later life can also be prompted by basic capital or income needs, or to fund domiciliary care.

Impact of regulatory changes We have seen some key social, economic and regulatory changes in recent years including the new pension freedoms; changes to social care funding; the impact of low interest rates on savings; the Mortgage Market Review; the affordability rules (with respect to borrowing) and these have all had an impact on traditional retirement and inheritance planning. The rise in property wealth Perhaps the most significant factor though is the rise in property wealth amongst the over 65s. The long term success of property investment through a period of historically low interest rates and high volatility in the investment markets has enabled pensioners to benefit from a tax free return on their homes regardless of the day to day ups and downs. Over 65s who have paid off their mortgages are therefore generally sitting pretty to the extent that total homeowner equity in England topped £2.6 trn in 2016 with this figure expected to rise to £3.6 trn by 2036 for the over 55s.

Flexible options for consumers The potential of the market has attracted a lot of interest from specialist equity release lenders and consequently we are seeing several innovative new products coming on to the market that provide flexible solutions for the consumer.

There are various types of equity release schemes on offer and these include lifetime mortgages which feature lump sum plans, draw down plans, interest only and voluntary repayment schemes; plus retirement mortgages and home reversion schemes which all have specific qualifying criteria. It’s not a case of one size fits all so the key thing is to obtain expert advice in order to find a product that is right for the customer whilst making the most tax efficient use of the funds available.

For example, we recently advised a retired couple to consider using an equity release plan to fund their retirement whilst leaving their pension pot intact and tax free for their children as a measure to reduce inheritance tax liability. As a nation we are living longer and enjoying more active lifestyles. These days, reaching retirement age can be the beginning of a whole new chapter of our lives. Whether we want to enjoy the everyday or complete the bucket list, a well-considered equity release plan could just make sound financial sense.

By Nicki Spark mortgage consultant, HFS Milbourne

Pensioners are able to access significant amounts of money at reasonable rates which can help address all sorts of everyday financial and lifestyle issues. The average amount

SurreyLawyer 19

Articles

A NEW APPROACH TO PUBLIC LEGAL EDUCATION FOR 21st CENTURY An interview with Tom Tugendhat MBE MP, Chair of the All Party Parliamentary Group on Public Legal Education (PLE) By Phillip Taylor MBE, Reviews Editor of “The Barrister” and Head of Richmond Green Chambers Tom Tugendhat is an unassuming man to meet. He has a quiet and courteous manner which belies the very clear mission he has in his life as an MP to serve his constituents and the public. He comes from a legal and a political family: his father a High Court Judge, Sir Michael Tugendhat; his uncle a Conservative politician, Christopher Tugendhat, now Baron Tugendhat. o compound this background, Tom has been a senior Army officer becoming a lieutenant colonel in July 2013 in the Intelligence Corps. He saw service on operations during the Iraq War and the War in Afghanistan. And as the military assistant to the Chief of the Defence Staff he has obtained a strong grounding on how the upper echelons of the MOD operate. The icing on the cake (so far) was his election as Chair of the Foreign Affairs Select Committee on 12th July 2017. Since 2015, he has represented the safe Conservative seat of Tonbridge and Malling in Kent with a majority of over 23,000 votes in 2017. And he was opposed to Brexit prior to the 2016 referendum, although so much of the political landscape has now changed. So, what has all this got to do with law and education? Quite a lot, actually! Tom co-authored a fascinating Policy Exchange report on 8th October 2013 with Laura Croft. It was called “The Fog of Law: An Introduction to the legal erosion of British fighting power”. A mix of the law and the military and a very good read. And that is where we started the interview in his office earlier this year prior to the June 2017 General Election. The main subject chosen was to be his role as chair of the All Party Parliamentary Group (APPG) covering Public Legal Education (PLE) and broader concepts of his work. I was interested in the report’s proposition which “exposes the spread of law onto the battlefield” being an ex soldier myself. The Policy Exchange report – a “think tank” political group if you like, but highly influential - shows how the application of civilian norms to military conduct has led to a surge in legal claims against the MOD. “The costs of litigation”, Tugendhat explains, “have risen out of proportion with forecasts”. So, this is the introduction to educating the mind legally of the public in an area of some controversy. At this stage, I will bring in Mr Dennis Skinner MP. Now Dennis is always welcome for his “alternative” comments and the pithy one liners he delivers at State Openings: “I have never done any cross-party stuff, I can’t even contemplate it”, he declares. And that, of course, is where the real problem lies. It’s not even based on modern party political lines but it appears, with respect to Dennis, to be the stuff of the past which he represents: anything anti-Tory/LibDem etc. His day is probably done, though when it comes to the ”all party” concepts of groups like the PLE and the select committees voted in by MPs across the spectrum. But not all socialists thankfully take this view as membership of the APPG on PLE shows. The group is sponsored by the Legal Action Group - the access to justice charity known to all of us for their books which we rely heavily upon when giving advice and representation in court. One of its leading members is the courageous crossbencher Colin Low, Lord Low of Dalston, who has always been prepared to speak to other parties to further PLE with the decline of legal aid for welfare law. Other members include the redoubtable Steve Hynes from LAG, and the group is organised by James Sandbach.

20 SurreyLawyer

“An essential of daily life”, says Tugendhat, “is the ability of people in society to understand what goes on in the complex legal environment we live in”. He takes an example of a century ago: where something may have gone wrong legally, there would be limits on what could be done to sort matters out or to understand what was happeningtimes have changed. “Today”, he says, “there is a spread of law into daily life” which means we all should have the basic skills and knowledge to understand how the common law works…. so, we need to be educated on matters legal. The APPG on PLE works closely with the legal ‘pro bono’ organisations and charities. It is fair to say that many lawyers, counsel and solicitors, undertake substantial pro bono work today which goes largely unrecognized. But we are moving into a different world today and we all see it in our practice! Tugendhat and his group members (of which I am one) see the need for making better use of resources at a time of the rise of digitisation and online courts. At the end of our interview, I asked about the role of the Department for Education (a previous incumbent there having become Justice Secretary, of course). “Does the Department hold one of the keys to the Group’s success?” The answer to that is, naturally, obvious- yes. No fudging. “no ifs and buts” (to use a phrase) as we enter the world of “basic legal literacy” so the work should begin in the schools to enable our citizens to have that understanding of law for we still work on the basic (a most convenient maxim for our leaders) that “ignorance of the law is no excuse”. The best of the “legal fictions” ever created! And we have one major step forward in the summer of 2017 either the announcement by the Government’s law officers of the creation of the PLE panel, chaired by Solicitor General, Robert Buckland QC MP. Robert declares that “the panel is a collection of organisations that aim to promote the importance of teaching the public about the law and their basic civil and criminal rights”. And the panel “wanted to cover issues such as ‘knowing if you’re entitled to a refund in a shop or whether you’ve been a victim of discrimination”. News of this initiative is brought into the discussion as it follows closely on the heels of the discussions that the APPG on PLE have held during the last Parliament whilst Tugendhat moves on to chairmanship of the Foreign Affairs Select Committee this summer. Possibly the last word comes from the law officers themselves rather that Tom although the sentiments will be shared by all: “Teaching people about their legal rights and responsibilities, together with helping them gain the confidence and skills to get access to justice can really make a difference to people’s lives – as well as our legal system”. As with other members of the APPG on PLE, I have been proud of the work which has been done so far to raise the PLE profile. It is thanks to the enlightment of Tom Tugendhat and all the parties represented on that group that we enter a new era for PLE coming at a time when we see the greatest changes to our legal system since the Judicature Acts. I just hope the view that “I don’t do this cross-part stuff” is now stuff of the past for 21st century, but thanks for the one-liner, Dennis.

Spotlight

Blake Morgan solicitor is listed as a rising star in private client law Blake Morgan solicitor Laura Harper has been named as one of the rising stars in the world of private client law with an entry in the eprivateclient Top 35 Under 35 list.

he accolade for Laura (32), Senior Associate Solicitor in the firm’s London succession and tax team, is in recognition of her expertise in this practice area and the high level of service she delivers to clients. The initiative recognises, promotes and introduces members of the private client practitioner community who are under the age of 35. Laura advises on a range of private client issues specialising in tax and succession planning for individuals and families based in the UK and with foreign assets. She assists high net worth individuals and families to protect and preserve their wealth and has significant experience in capacity issues and the use of lasting powers of attorney and Court of Protection applications. She also advises trustees and her work focuses on tax-efficient financial arrangements and advising beneficiaries and executors on the administration of complex estates. Helen Bunker, Divisional Director of Private Law at Blake Morgan, said: “This is well-earned recognition for Laura, who has become a highly-valued member of the team since joining in December 2016. She combines being technically sound and up to date with a pragmatic, practical approach and a deep understanding of complex trust and administration matters.

She is also playing a key role in training more junior members of the team and in supporting partners across the firm’s London and regional offices.” Laura will now attend a reception hosted by eprivateclient where she will have the opportunity to meet leading private client practitioners and fellow members of the Top 35 Under 35 list. She said: “I’m pleased to play my part in Blake Morgan’s wellregarded and highly collaborative private client team, and I’m delighted to be singled out in this listing.” Blake Morgan’s private client team specialists at its offices in London, the south coast, Thames Valley and Wales, act for high net-worth individuals; entrepreneurs and business owners; farms and estates; and families that require advice on succession and tax, residential property or sensitive family issues spanning divorce, mediation and mental capacity issues. The Legal 500 directory notes "they break down complex issues into an understandable and user-friendly format", while the Chambers directory agrees "They give very clear explanations without the jargon.". Blake Morgan is one of 46 law firms listed by eprivateclient as providing high quality and professional advice and support to high net worth domestic and international clients.

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SurreyLawyer 21

Property

Japanese Knotweed deters nearly 8 in 10 from buying a property New YouGov research suggests a high level of anxiety around Japanese knotweed and alarming levels of myth and misinformation New research released today reveals that 78% of those aware of the infamous Japanese knotweed would be put off buying a property if they discovered the weed was present in the garden. Reasons for this included the concern that it cannot always be removed (69%) or that it would be too costly (56%) or time consuming to do so (57%). The survey, carried out by YouGov and Japanese knotweed removal specialist Environet UK, suggests whilst many are aware of the weed, there is a high level of myth and misinformation around the threat posed by Japanese knotweed and the options available to homeowners who discover it on their land. Japanese knotweed was first introduced into the UK from Japan in the 1850s as an ornamental plant, but it is now number one on the Environment Agency’s list of the UK’s most invasive plant species, described as “indisputably the UK’s most aggressive, destructive and invasive plant”. Growing up to 3 metres in height, it spreads rapidly and can push up through asphalt, cracks in concrete, driveways, cavity walls and drains in its quest for light and water.

Despite only 4% of those aware of the weed having had Japanese knotweed growing on their property, awareness of the threat is high, with 75% of Brits knowing about it. This awareness is particularly high in areas where the spread of the weed has been most prolific according to Environet’s own records of treatment, such as Wales, where 95% of respondents are aware of it, and in the south of England (80%). Those aware of the plant are also largely oblivious to their legal obligations to deal with Japanese knotweed if it is discovered on their land. Only around half (49%) know that a homeowner is legally responsible for preventing it from spreading from their property, and just around one in five (21%) are aware that they could receive an ASBO if knotweed on their land is allowed to spread to their neighbour’s garden. In fact, knotweed can now be completely removed within a matter of days, at any time of the year, using a digging out method that sifts the earth to remove all viable rhizome roots from the infected soil. Once the problem has been swiftly tackled and an insurance backed guarantee has been secured, there are no difficulties in obtaining mortgage finance and property sales can proceed unhindered. For worried homebuyers, a professional indemnity insurance policy is now available, enabling them to protect themselves from the risk of Japanese knotweed from as little as £67. Despite this fact, only 3% of those aware of the weed said they would not be at all deterred from buying an affected property. Nic Seal, MD and Founder of Environet comments: “Homeowners are right to be concerned about the threat posed by Japanese knotweed. Attempting to deal with it by cutting it down repeatedly, burning it, burying it or using common weed killers simply won’t work as the plant can lie dormant beneath the ground, only to strike again when people least expect it. “Yet for those wishing to buy or sell a property, it doesn’t have to be a deal breaker. Japanese knotweed can be dealt with once and for all, within a matter of days from discovery, so there is hope for buyers who may have otherwise walked away from their dream home.” Chartered Surveyor Philip Santo FRICS, Director at Philip Santo & Co, added: “RICS shares concerns that many people believe Japanese Knotweed poses a much greater risk than it really does. Since RICS issued guidance in 2012 the situation for buyers and sellers has greatly improved. For most affected properties there is now access to mortgage finance once an approved Japanese Knotweed Management Plan is in place. DIY remedies can make matters worse and should not be attempted.”

22 SurreyLawyer

Property

Rip-Off Leaseholds: Sara Abou-Jaoude, Senior Associate

Esther Millard,

Lauren Brown,

Senior Associate

Associate

The Problem of Onerous Ground Rents At what point do ground rents become ‘onerous’? Esther: The consultation paper refers to ground rents with ‘the potential to increase significantly’ and to the ‘monetisation of ground rents [that] has led to abuse of the leasehold system’. There has been particular public concern around ground rents which double every x number of years, until they reach a point where the property is unsellable. Sara: Whilst is it quite normal to see ground rents double every 25 or 50 years, there have been reports of ground rents doubling as often as every 10 years, leading to an astonishingly large figure after 100 years. Esther: It would be highly unusual for anyone to own their property for 100 years, but that’s not the point; when they come to sell their property, they will be selling it subject to the lease already in place. So it’s easy to see how a property burdened with this type of ground rent could become unsellable, and the ground rent payments unmanageable. Sara: Another potentially onerous ground rent clause is where the ground rent is recalculated on the basis of a ‘rent review date’, using a complicated formula based on the market value of the property. These provide no certainty about future ground rent and can increase significantly, as property prices rise. Esther: To counter these difficulties, the Government is proposing to limit the ground rent payable under all new leases – with a few exceptions - to a ‘peppercorn’ for the whole term of the lease.

still pull out, although they will usually lose the reservation fee and any costs already incurred.

What are the options if someone has already purchased a leasehold property with onerous ground rent provisions?

Lauren: If the leaseholder can obtain the freeholder’s consent to vary the ground rent, then this can be done by deed. But as the law currently stands, there is no mechanism for forcing the freeholder to vary the terms relating to ground rent, no matter how unreasonable they are. The other possibility is to seek to purchase the freehold. If the freeholder will not consent to this, it may be possible to compel them to sell it to you. Esther: If a leasehold owner was not properly advised about the ground rent before they exchanged contracts on the property, they may have a professional negligence claim against their conveyancing solicitor. Owners should check what information they were given in the report on title. If the purchaser simply did not read the report on title properly, that is not really the fault of the solicitor. Having said that, if the ground rent provisions were particularly onerous (e.g. doubling every 10 years), the solicitor is arguably under a duty to take extra care to flag them up, even if the purchaser will not be directly affected during their period of What advice about ground rent should property ownership. solicitors give to their clients? A solicitor specialising in professional negligence claims will be able to Sara: When acting for purchasers, it is not the job of solicitors to advise advise on whether a property solicitor has been negligent. on whether the amount of ground rent is ‘fair’ as such - that’s outside of Professional negligence claims are frequently settled without having to our area of expertise, not being valuers. However, solicitors should review issue court proceedings, and most costs that the claimant incurs can the ground rent provisions in the lease, bring them to the attention of the be claimed back. client in the report on title, and make sure the client is aware of the longAnother option is to complain to the Legal Ombudsman about the term implications for affordability and future marketability. Such clauses standard of service received from the property solicitor. However, may also need to be reported to the mortgage lender, as they can affect should leaseholders choose to accept compensation awarded by the the saleability of the property, and the borrower’s ability to meet rent and Ombudsman (which can be quite modest), they will not be able to mortgage repayments. bring a professional negligence claim against the solicitor based on Even if the purchaser is a cash buyer without a mortgage, I would still bear the same facts. the ‘standard’ lender requirements in mind; what is acceptable to a cash Should leaseholders continue to pay onerous purchaser might not be acceptable to a future purchaser who also needs ground rent? to fulfil their mortgage lender’s requirements. Lauren: If there is a forfeiture clause in the lease, then non-payment of Esther: Is there ever scope for negotiating changes to ground rent terms ‘rent’ (which may include payments other than solely ground rent) can in a new-build lease? entitle the freeholder to take proceedings to forfeit the lease. However, the Sara: All leases within a development must be in the same form, so there freeholder can’t just walk into your home and change the locks; a lengthy is little scope for negotiation. It’s not the role of a purchaser’s solicitor to try court process has to be gone through. There are ways of defending a and renegotiate the ground rent etc. and no large-scale developer is likely forfeiture claim by remedying the breach and paying all costs and, if the to entertain that conversation. That said, if the general consensus property is mortgaged, the lender will often intervene and make the amongst the buyers’ solicitors is that the ground rent provisions are too payment (subject to the amount of ground rent outstanding). But if that onerous and/or not lender-compliant, the developer would be best doesn’t happen, the lease will be forfeit, with no compensation! advised to reconsider their position. So if there is one thing that you pay under your lease, make sure it is the Can the purchaser of a new build pull out of the ‘rent’. But pay under protest, and always specify exactly what the purchase of a property with onerous ground rent? payment is for. www.barlowrobbins.com Sara: Typically a buyer of a new-build property will already have signed a ‘reservation agreement’ and paid a reservation fee to the developer. Nevertheless, up until the exchange of contracts for sale, the buyer can

SurreyLawyer 23

Conveyancing Focus

“Champagne Service for Lemonade Money”…

by Kevin Johnson

“Pay peanuts, get monkeys”; “If it looks too good to be true then it generally is…”. We’ve heard it all before but it strikes me, in relation particularly to residential conveyancing, old adages should be well heeded!

inding a conveyancing solicitor that offers a reliable, efficient and personal service (all at a reasonable cost) can be challenging; but it's worth taking the time to choose carefully. A good conveyancing solicitor will: • provide a thorough professional service and sound advice; • speed up your transaction; • reduce the chance of the deal falling through; and • make sure the process is as stress-free as possible. Traditionally, buyers and sellers automatically give conveyancing work to the "family" solicitor or, a "local" solicitor recommended by their estate agent.

you budget accurately. Even if you run into unexpected complications, you're protected. • Your chosen solicitor should be on all major lenders' "Approved" panels; or have access to these panels by arrangement. • Find a solicitor operating extended hours so you can act quickly on a legal issue relating to your move outside of the 9am-5pm timeframe. • You should always receive a "Client Care Letter" upfront including a cost breakdown and description of the service they'll provide. If these things are not in the letter, alarm bells should ring!

When it comes to cost; a conveyancing quote should consist of two parts: Until recently, local solicitors have maintained a stranglehold on the industry because prospective clients assume that local knowledge is an essential part • The solicitor's basic fee (i.e. what they charge to do the work) • The disbursements (these are things a conveyancer has to pay other of doing the job properly. Some would try to persuade you this is simply not people for on your behalf e.g. Local Authority Searches, Stamp Duty true, that conveyancing is mostly administrative and a phone, post and a and so on). computer is all that's needed. But what if your transaction is not typical and involves altering existing boundaries, creating new rights of way or The disbursements should roughly be the same from one I can happily dividing a property? And what price do you pay for personal, conveyancing quote to the next (they are fixed charges) say that we professional, local service? I know as that’s what I look for. however basic fees vary a lot. It makes a great deal of sense to be wary of any quote that does not fully itemise all the individual work for many Internet-based conveyancing hubs compete for business, some costs and disbursements and always scour the small print for fantastic quoting fees as low as £125 (although look more closely and hidden charges and supplemental fees! conveyancing you're likely to find a host of hidden extras). Some firms found online are excellent but many are not! And when considering any Traditionally, buyers and sellers have tended to wait until either solicitors and firm to represent you, never make your choice based purely on they have secured a buyer or found a property to buy before I’d recommend cost; the cheapest solicitor is rarely the best. They are often the any one of them. instructing a solicitor. In the past this would have been down to busiest and, in turn, the most difficult to contact and usually the the fact that they did not want to incur any costs before slowest. Choosing an overworked, underpaid solicitor will not help you knowing the transaction was up and running. With so many conveyancing secure the property you're after within your required timeframe. And that’s firms working on a "no move, no fee" policy there's absolutely no risk in without touching on quality! instructing early and I’m a great advocate of being prepared! I believe important factors when making a crucial decision about who to appoint include: • Experience; the firm you choose should specialise in conveyancing or at least have a specialist conveyancing department. • You should be told who will be handling your case; they become an invaluable part of your ‘team’ In my opinion the "dedicated team" system falls apart in the large conveyancing factories! Cut-priced legal call centres often run on "team members" but "conveyor-belt" conveyancing is often slow and impersonal. • Your solicitor should be technologically advanced enough to employ Online Case Tracking, e-mail & SMS update systems. Online Case Tracking is especially useful because every step of the transaction will be recorded online via a dedicated website (you're given a password & username) which you can access. • Your solicitor should operate on a "Fixed Fee Guarantee" basis; this prevents bills from escalating out of control. A "Fixed-Fee Guarantee" lets

24 SurreyLawyer

There is no reason not to instruct a solicitor as soon as you begin to think about selling or buying, and there are many weeks’ worth of "faffing around" and paperwork to be saved by doing this. This is especially true if you are selling a leasehold property. And, of course, I’d always recommend using a conveyancing solicitor that uses Index Property Information for the Local Authority and ancillary searches; but then I would, wouldn’t I? Fortunately I can also happily say that we work for many fantastic conveyancing solicitors and I’d recommend any one of them. One of my customers reflected recently, while we were having a pint, that he feels like he’s the only customer that we have… he’s not, but if he feels like that, and all my other customers feel the same way, then maybe that should be the definition of Champagne Service!! ■ For more information please contact me at 0203 044 2758 or on email at kevin.johnson@indexpi.co.uk

Conveyancing Focus

Sewer Indemnity – Picture this – you have just purchased your dream home and then get a letter through from the local water company informing you that they require access to a sewer located under the beautiful extension to the side of the property, erected just a few years ago! t gets worse… The water company inform you that you are responsible for their costs in demolishing the extension or excavating the floor in order to gain access to the sewer AND no compensation payable for any damage they cause. Talk about adding insult to injury! Had a build-over agreement been in place the water company would not be able to remove the building because adequate arrangements would have been taken to protect the sewer from the weight of the building above it.

All sewers (drainage pipes) that serve more than one property are, since October 2011, considered public sewers. Water companies have the right to enter onto private land to allow them to access public sewers to carry out maintenance and repairs. If a property owner wishes to build a property or extend a property over or within 3 metres of a public sewer they need to enter into a build-over agreement with the appropriate water authority, e.g. Thames Water. This is to ensure that the building works proposed are not going to damage the sewer or cause it to collapse and also to ensure that suitable means of access by

way of a manhole cover is installed or available. Very often no build-over agreements have been entered into and the water companies have a statutory right to remove any building or structure which prevents access to the sewer and they will look to the property owner to pay for the costs of this – the water company would not be liable for the damage! This is where indemnity insurance can be a very useful conveyancing tool! GCS offers a market-leading policy to cover the not inconsiderable costs that could be incurred if the water company insist on removing the building or part of a building erected over a public sewer. This type of policy is now available using GCS OnLine (www.gcs-title) and as a bespoke policy directly from our offices. It will also be available very shortly for self-issue from our brand new 6th Edition self-issue folder which will be released early September. If you are interested in receiving one of our new Packs, just send an email to communications@gcs-title.co.uk and we will send one out once released.

SurreyLawyer 25

Conveyancing Focus

Tailored regulation from a specialist The Council for Licensed Conveyancers (CLC) was established in 1985 to foster competition and innovation in the conveyancing market.

he CLC has always looked to be a proactive regulator in anticipating and monitoring the issues that affect the licensed conveyancing community. We work closely with all our licence holders and we listen to what they say, helping them to achieve the right outcomes for consumers.

The CLC regulates thriving firms of all types and sizes, and has always looked to promote high regulatory standards. Each CLC practice is allocated a Regulatory Supervision Manager (RSM), whose role is to guide them in all regulatory and compliance issues.

Today, we are still helping legal businesses to thrive by finding new ways to meet changing customer expectation. Our approach is to support firms to achieve compliance and to accommodate different ways of working where we can. In 2016, we were awarded the highest overall rating of any legal services regulator by the Legal Services Board.

Should you wish to discuss your practiceâ&#x20AC;&#x2122;s requirements, whatever your business model, we will be more than happy to meet with you, or discuss them over the telephone. Please email licensing@clc-uk.org

There has also been no need for an accreditation scheme for CLCregulated firms or lawyers, thanks to their specialisation and the effectiveness of our tailored regulation. In a recent survey, three quarters of licensed conveyancers stated that the CLC provides value for money and supports them in developing their businesses. From November 2016, the CLC reduced its regulatory fees rates for practices by 20%.

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

If you would like to find out more about CLC regulation, or are considering becoming a CLC-regulated practice, then please visit the CLC website: conveyancer.org.uk/Regulation-by-CLC where you will find more helpful information, including how to qualify as a CLC Lawyer: conveyancer.org.uk/trainee-lawyer

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 020 7250 8465 26 SurreyLawyer

Cyber Crime

Cybercrime against law firms reaches a new high According to a recent report by the Solicitors Regulation Authority (SRA), law firms are being increasingly exposed to cyber theft – with property transactions being one of the fraudsters’ main target areas.

he SRA recorded a massive 137% increase in cyber thefts during the first quarter 2017 – more than double the amount of cases reported during the same period in 2016. According to the SRA’s report in July, the majority of money stolen belonged to clients but in some instances also concerned money that was stolen directly from the office bank account of the law firm concerned. Unsurprisingly conveyancing and probate matters were a particular target area for fraudsters. Money used for house moves accounted for around half of the cases reported, with an 85% increase in theft of property deposits in 2016. Fraudsters also targeted money in relation to inheritance and probate monies and also law firms’ own money. The amount stolen directly from law firms is difficult to measure as legal practices are only obliged to report client losses, leaving many instances of other cybercrime unreported.

Cybercrime is of course, not a new risk area for legal firms and has been highlighted a number of times as a key area of focus particularly with regards to the protection of client monies. It was a leading topic in this year’s Legal Benchmarking Report by NatWest, which revealed that client money balances are typically 129% of annual billings, equivalent to about £2.3billion in the survey population. The Benchmarking Report, which covered 269 firms employing 16,000 people and with fee income of up to £123m, also showed that on average 24% of firms have experienced a fraud related loss or cyber-attack in the past year. When the figures are broken down, 16% of firms that experienced a cyber-attack in the last 12 months were small firms, 31% were large firms and 28% were very large firms – which just goes to show that firms of all sizes are exposed to the threat. Despite this increase in crime, prosecutions for cybercrime actually fell in 2016 due to a lack of specialist police resource. The UK only has around 250 specialist cybercrime

officers and they were just too thinly stretched to cope with the demand. This makes it even more important for legal practices to be constantly developing their own in-house safeguarding techniques against online crime. Unfortunately no law firm can assume they are safe from the crippling effects of cybercrime, but in such a technologically advanced environment putting the right safeguarding techniques in place, and ensuring staff within those firms are aware of the danger areas, will be key to mitigating the risk of an attack in the future. Wilkins Kennedy offers a specialist service for law firms, including tailored seminars via the WK Law programme. If you would like some advice relating to the running of your legal practice, please contact us at our offices in Heathrow and Guildford for more information. E: Guildford@wilkinskennedy.com T: 01483 306 318 E: Heathrow@wilkinskennedy.com T: 01784 435 561

SurreyLawyer 27

Probate

Protecting Property When somebody dies, the largest element that makes up their estate is usually their home. This is often their own property, filled with a lifetime of memories, keepsakes and belongings. After the owner’s death, this building and its contents take on a very different role and to an administrator. The property is viewed in more simple terms and is very often the estates most valuable asset. As you all know, it is the role of the estate administrator to ‘manage’ and ‘realise’ these assets, but there is so much more work involved in these two words than meets the eye. They bring a whole new set of challenges to manage. These include the largely unpredictable British weather and the evenings provide criminals with perfect opportunities for acts of burglary and vandalism. Insurance company Aviva shared their claims statistics for the ten years between 2002-2012, and reported a 150% increase in claims for malicious damage to homes during this period. More vulnerable empty properties such as probate properties are at even greater risk of damage from vandalism and weather. Empty properties such as these hit the headlines last year when an article in the Telegraph stated: ‘More than 700,000 residential properties in England are left unoccupied, according to the charity Empty Homes. These vacant properties are often managed by people taking responsibility for the estate or affairs of another person or while a property is awaiting sale. However, many wrongly assume that existing buildings and contents cover would provide adequate protection should something go wrong and as a result, hundreds of thousands of homes are currently uninsured’.

With the demands of your workload you would perhaps struggle to see how you might arrange them all yourself. This is another area, in addition to our more widely known research, where our experienced staff at Fraser & Fraser would work with you, providing you with a trusted partner to offer support throughout the lifecycle of your case. Things to consider: - Maintenance & Security - Empty Property Insurance - Property Valuations - Energy Performance Certificate - Probate sales - Property Clearance If you are administering an estate with which you require our assistance or are experiencing difficulties, contact one of our case managers now to discuss how we can help: legal@fraserandfraser.co.uk or 020 7832 1430

GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS Phone: 020 7832 1430

I am a Solicitor

Email: info@fraserandfraser.co.uk

Looking for for Missing Beneficiaries Missing Beneficiary Insurance Certificates Will Search Missing W Wiill Insurance Industry Regulation International Bankrruptcy Search Asset Search Share V Vaaluations, T Tra ransffers and Sales Probate Property Assistance

28 SurreyLawyer

Probate

A time of change – the evolving legal sector Research has shown that legal clients want more transparency and better value for money when using legal service providers. Tom Curran, CEO at Title Research commented: “Changing urveys conducted by the Legal Ombudsman and YouGov have shown that almost half (49%) of people think the advice consumer behaviour has always driven change amongst the legal sector. The demand for transparent and cost effective they received from solicitors represented poor value for money, services is growing and legal firms have to cater for this. while 56% of clients want to know the overall cost of a legal service upfront, with 1 in 4 refusing to instruct unless At Title Research, we introduced a new fee structure The changing that was the case. earlier this year and have since launched a new modern demands on

The changing demands on the legal sector mean that solicitors are under increasing pressure to offer services in a way that will appeal to clients. At Title Research we understand that this means that we need to adapt the way in which we offer our services as well, which is why we have listened to feedback from our clients and have introduced a new fixed fee pricing structure to deliver even better value for money.

the legal sector mean that solicitors are under increasing pressure to offer services in a way that will appeal to clients.

We now offer fixed fees to locate missing beneficiaries and reconstruct family trees – not only in England and Wales, but also in overseas jurisdictions as well. If we are unable to locate a missing beneficiary, we will provide a quote for insurance to protect against future claims. In the unlikely event that we can’t do this, we will waive our research fees completely so you won’t pay anything.

look for our business. Our new brand reflects the values that we stand for; providing specialist support for the estate administration process. We firmly believe that any service we offer should be priced fairly, transparently and wherever possible, on a fixed fee basis. We will never charge contingency fees like many of our competitors as we feel this approach is unfair for the client.

Title Research always offers its services based on a price that is agreed before any work is undertaken – we believe this offers a clear solution and the best value for all involved.” For more information on Title Research’s services, visit www.titleresearch.com or call 0345 87 27 600.

Specialist support for estate administration At Title Research, we provide trusted genealogical research and asset repatriation services to legal professionals. Everything we do is designed to streamline estate administration, take the effort out of locating the correct people or assets, and mitigate the risk of future disputes or complications. • • • •

Locating missing beneficiaries Family tree reconstruction and verification Creating a Statutory Will Administrator searches

• Specialist insurance and risk mitigation • Locating Wills, documents and addresses • Valuing probate and managing UK assets • Administering overseas assets

Call Email Web

+44 (0) 345 87 27 600 info@titleresearch.com www.titleresearch.com

SurreyLawyer 29

Expert Witness

The importance of experts Martin Spencer QC

By Phillip Taylor MBE, Reviews Editor of The Barrister and Head of Richmond Green Chambers

“It has never been more important to highlight the critical role expert witnesses play in supporting the proper administration of justice and to establish the highest standards of best practice,” says Martin Spencer QC, who has just become the new Chair of the Expert Witness Institute (EWI).

Today, expert witnesses play a vital role across civil, criminal and family proceedings in the administration of justice. An expert witness is someone who, by his or her training, education, skill or experience, is known to have specialised expertise or knowledge and that other people may rely on their opinion.

And how right he is, because the use of expert evidence in legal proceedings has been a long-standing tradition, with the first recorded use of an expert witness in the UK courts in 1782.

“In providing independent assistance to the court by way of objective, unbiased opinion in relation to matters within their expertise, they make complex issues understandable to lawyers, judges and juries,” comments Spencer. The Procedure Rules for court work are quite clear: the expert performs his or her duty to the court. That duty overrides any obligation to a party from whom the expert is receiving instructions. The ‘knock-on’ effect with modern litigation is that the number and types of experts are increasing. “They have become an integral part of the court process,” declares Spencer. Many lawyers use experts in criminal proceedings in areas as diverse as accident investigations, forensic linguistics and the increased use of DNA evidence. In civil and family courts, experts cover areas such as forensic accounting, civil engineering, medical, and many more. It is recognized that, with litigation entering increasingly complex areas, the effective use of a good expert witness is increasingly important. “There is no doubt that high quality expert evidence will continue to play an important role in all court proceedings,” says Spencer. He adds that “there will always be a need for expert opinion about questions that are outside the knowledge, skill and experience of the court”. To meet this challenge, instructing lawyers need to ensure they work only with experts who understand their duties within the latest procedure rules, while experts need to take responsibility for their development and training to ensure they meet the highest standards, tThe EWI oversees, so effectively as the importance of experts grows with the changing face of litigation in the 21st century.

30 SurreyLawyer

Expert Witness

MEDICAL LEGAL EXPERTS Dr Karen Addy

Mr Patrick Nee

Neuropsychologist

Consultant in Accident & Emergency Medicine

Tel: Team 1 – 01242 263715

Tel: Sue – 0161 8353692

Mr George Ampat

Dr David Pontefract

Orthopaedic Surgeon

Tel: 0844 5670009 0161 4852476

General Practitioner

Tel: 01623 827648

Dr Ian Ballin

Dr David Rees

General Practitioner

Clinical Psychologist

Tel: 07970 948642

Tel: 0161 7202810

Dr Simon Briggs

Mr Michael Saab

General Practitioner

Tel: 0161 8706112 07710 480943

Consultant in Accident & Emergency

Tel: 0161 7630043

Mr Richard Coombs

Dr Julian Sweetman

Orthopaedic Surgeon Tel: 0208 3989765

General Practitioner

Dr Nicole Hampton

Mr Adrian Thomson

Forensic Psychologist

General Surgeon

Tel: Team 3 - 01242 263715

Tel: France – +33 556256414

Mr Richard Harris-Jones

Dr Miriam A Wohl

General Practitioner and Orthopaedic Surgeon

General Practitioner

Tel: Claire: 01590 634459 07957 802216

Tel: 0116 2404243 07890 950087

Dr Jayne Holland

Dr Miheala M Coman

General Practitioner

Tel: 01244 370080 07745 85556

Tel: 01322 552265 07722 271852

Dr Neil Andrew Kerry

Mr V G Devadoss

General Practitioner

Orthopaedic Surgeon

Tel: 0191 2816777

Tel: 0161 8399104

Mr Akhtar Khan

Mr Munthir Farhan

Orthopaedic Surgeon

Tel: 0161 4455888 0161 4453305

Dr Sanjay Lakhani General Practitioner

Tel: 07917 313339 07775 800420

Tel: 07971 816640

Orthopaedic Surgeon

Tel: 01909 590250

Mr J J Henderson Orthopaedic Surgeon

Tel: 01204 843409 SurreyLawyer 31

Legacy

A living legend Every year, we care for over 15,000 dogs who have been abandoned, abused or neglected. Dogs Trust never puts down a healthy dog. So with the help of our wonderful supporters, we can give these deserving dogs a second chance in life. Providing expert veterinary care, specialist rehabilitation equipment and training facilities doesn’t come cheaply. Not to mention all the vital everyday necessities like food, bedding and heating. Dogs Trust receives no government funding, so we wouldn’t be able to run our 20 state-of-the-art rehoming centres around the UK without the generous donations from our supporters. A third of our funds come from gifts included in people’s Wills. One such supporter, Dr Thomas Preston, has pledged to leave a legacy to Dogs Trust in his Will, after he and his beloved wife Pat spent 40 years of their married life looking after and rescuing neglected and unwanted dogs. Pat always had dogs from a young age, and couldn’t bear to see them injured or ill-treated. Sadly she passed away in 2014, leaving behind Tom and her darling dogs. It was the shared belief that no healthy dog should be put down that led her to make the incredibly generous decision to leave us a gift in her Will. So if you love dogs like we do, please consider leaving a legacy to Dogs Trust.

32 SurreyLawyer

Legacy

Legacy giving Did you know that legacy giving is fundamental to the amazing work of many charities? In fact, legacy income is estimated to be worth almost £2.5 billion a year to charities in the UK. Many charities rely on these gifts to help them carry out their vital work. Two out of three guide dogs and six out of 10 life boat launches are paid for by gifts in Wills, as is over a third of Cancer Research UK’s life-saving work. Unfortunately, there is evidence of a disconnect between people’s intentions to give money in their Wills and those doing so. Research shows that 35% of those surveyed want to leave money to charity in their Will, but only 6.3% do. Remember A Charity works in collaboration with more than 160 member charities, the UK and Scottish governments and The Law Society to do what no single charity can do alone – making legacy giving a social norm.

A report published by the Cabinet Office, working in partnership with Remember A Charity, showed that when professional advisors like you ask their clients if they would like to leave a gift to charity in their Will, they were twice as likely to give. Making provision for everything that’s important. A Will can be used to look after everything that your client cares about, from family and friends, to charity. Leaving a gift to a charity that your clients are passionate about can make an enormous difference. If we can just make a small increase in the percentage of people leaving a gift in their Will, from 6.3% to 10%, it is estimated we could raise over £1 billion extra for UK charities – the equivalent of a further 10 Comic Relief appeals a year. Find out more at rememberacharity.org.uk

Simply mention ‘including a charity’ to your clients. Most people don’t realise they can use their Will to take care of not just their family, but everything else that’s important to them as well by leaving a gift to charity. Solicitors can play a key role in the Will-making process by reminding their clients that leaving a gift to their favourite charity is an option.

Remember A Charity is part of the Institute of Fundraising, a registered charity in England and Wales (No. 1079573) and in Scotland (No. SC038971).

Your clients may not care that it’s illegal to handle a salmon suspiciously. However, they may like to know they can leave a gift to charity in their Will. rememberacharity.org.uk

SurreyLawyer 33

Legacy

Return to glory and legacy for the future Ever since the Temperate House in the Royal Botanic Gardens, Kew opened in 1863, this iconic Grade I listed structure has been integral to Kew’s history and heritage and is now the largest surviving Victorian glasshouse in the world. owever, a combination of age, a humid atmosphere and temporary repairs took a heavy toll on this magnificent building.

In summer 2013, the glasshouse was closed for major restoration, to return it to its former architectural and botanical glory. The project included repairing the whole framework and ventilation system, replacing the heating system and the thousands of panes of glass, and restoring the decorative urns and statuary. The ambitious five-year restoration is now nearing completion. In summer 2018 the glasshouse will reopen to the public and resume its vital role of protecting and displaying some of the rarest and most threatened plants from temperate regions of the world. The

Temperate House and nearby Davies Exploration House will offer everyone the chance to explore, learn about and be inspired by plants. By supporting the Temperate House, you can leave a legacy for future generations of visitors, horticulturists and scientists alike. To find out more and to support the restoration project, please visit kew.org or call 020 8332 3248. £1 in every £10 donated to Kew comes from Gifts in Wills. If your clients are passionate about heritage, horticulture, plant science and conservation, or if they appreciate the vital work we do at the Millennium Seed Bank, Kew Foundation (RCN 803428) is the perfect home for their legacy. ■

A legacy for their future Whether helping to protect our much-loved heritage gardens at Kew and Wakehurst or supporting the development of plant-based solutions for global challenges such as food and fuel security, a gift to Kew offers lasting benefits for future generations.

www.kew.org/legacy Contact RXU WHDP 020 8332 3249 legacies@kew.org

The Foundation and Friends of the Royal Botanic Gardens, Kew is a registered charity No. 803428. Registered in England and Wales.

34 SurreyLawyer

Legacy

The Royal Surrey County Hospital Charitable Funds The Vision Our long term vision at the Royal Surrey County Hospital is to transform the health services in Surrey with the aim of creating a nationally and internationally recognised centre of clinical and academic excellence. How will this be achieved? This can only be achieved by working closely with other healthcare providers in the region and will help us to achieve the following: • Specialist care closer to home • Integration of care, teaching and research • Becoming one of the top cancer centres in the UK We wish to make certain that our services and care are enhanced in ways that are impossible to realise through traditional NHS funding alone and that is why we cannot do this without your help.

One of the best decisions you could make Once you have provided for your family and friends please consider remembering the Royal Surrey County Hospital in your will. This will help us to ensure we are able to offer the best possible patient care and medical treatment for generations to come.

Some great reasons to make a will • •

Family, friends and the cause you believe in will all benefit. It will ensure your wishes are known and your intentions are carried out after death.

• •

Being clear and precise, it will save your loved ones from unnecessary anxiety. It could reduce inheritance tax – your solicitor can advise on current tax legislation.

The next step Writing a will is relatively straight forward. However, it is always advisable to seek professional advice which can take you through the process and make sure everything is in order. If you decide to leave a legacy to the hospital please show your will writing professional our preferred wording.

Two ways to give 1

Pecuniary gift – you can choose to give a gift of a fixed amount of money 2 Residuary gift – you can choose to leave a share, or the whole, of what is left in your estate once you have provided for your loved ones. If you would like to speak to someone in confidence please call the Fundraising Department at the Royal Surrey County Hospital on 01483 464146 or email rsc-tr.fundraising@nhs.net ■

SurreyLawyer 35

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