Surrey Lawyer October 2019 by Benham Publishing Limited

LAWYER SURREY

The Official Journal of THE SURREY LAW SOCIETY

The 2019 SLS SLS LEGAL AWARDS (see pages 14-20)

Inside this issue:

■ LEGACIES ■ CONVEYANCING ■ SOFTWARE ■ SLS AWARDS 2019 ■ NEWS

AUTUMN 2019

Practice act mana nagement & acc counts software

Outsou ourc ced cashieriing using Intera active tiv

Outtsourced cashier erin ng o any software on

Outsourrce Ou c d payroll ll serrvice ice

Outsourced bookkeeping service

Outsourced O typing service

Donâ&#x20AC;&#x2122;t puzzle - choose Quill 0845 226 2587 info@quill.co.uk quill.co.uk

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

Introduction

4 5 6 7

List of Officers President’s Jottings SLS CPD PROGRAMME 2019 Interim CEO Report

8-11

Local News

Local Issues

ADVERTISING AND FEATURES EDITOR

Events

Anna Woodhams

STUDIO MANAGER John Barry

LegalEx 2020 SLS Legal Awards 2019

24 25

CILEx - AN alternatice route to becoming a lawyer FUTURE LAW SOCIETY – Governance Review 2019: What is proposed? PENSIONS IN DIVORCE Residual Client Balances:

Fridays at Quill

Articles

ACCOUNTS

Joanne Casey

MEDIA No.

22-23

1645

PUBLISHED October 2019 © The Surrey Law Society - Benham Publishing

Software

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.

12 14-20

Finance 27

Conveyancing

29 32

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

DISCLAIMER

35 37

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.

39 40 41

COVER INFORMATION The cover image: SLS LEGAL AWARDS 2019

42 44

Winter 2019 Issue 5th December Spring 2020 Issue 28th March Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline. Email:

anna@benhampublishing.com

Tel:

0151 236 4141

poweredbypie Launches Socument Portal to Enable Secure Exchange of Sensitive Client Data GCS Title Insurance Comprehensively Simple Don’t Mess With Me, Pork Chop; What Day Is This...? Greenland and Our Disappearing Coast How digitisation is changing the future of home-buying

Legacies 38

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

Copy Deadlines

Cash as an Asset Class

Charitable Gifts in Will Drafting and Estate Administration Helping your clients connect with local causes that matter to them The ageing population in Surrey is growing and, along with it, the need for specialist end of life care. Just imagine giving a gift now to help families in the future Angus... Supporting older people in Surrey

Insurance

Unoccupied Property Insurance – Prepare Your Home for When the Weather Turns

Book Review 46

ANDREWS ON CIVIL PROCESSING

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

helen.opie@surreylawsociety.org.uk

0333 577 3830

SURREY LAWYER 3

OFFICERS

KEY OFFICERS

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

President

MUMTAZ HUSSAIN

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

VICTORIA CLARKE

The Legal Consultant

Stowe Family Law LLP

M: 07983 488 351

The Bellbourne

mumtaz@thelegalconsultant.org.uk

103, High Street Esher, KT10 9QE

MARALYN HUTCHINSON

Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk

Kagan Moss & Co 22 The Causeway Teddington TW11 0HF

Vice President

Tel: 020 8977 6633

NICK BALL

Fax: 020 8977 0183

ALASTAIR LOGAN Pound House Skiff Lane Wisborough Green West Sussex RH14 DAG Email: alastairdwlogan@btinternet.com

Email: maralyn.hutchinson@kaganmoss.co.uk

TWM Solicitors LLP 65 Woodbridge Road,

GLORIA MCDERMOTT

Guildford, Surrey GU1 4RD

Surrey Law Society,

Tel : 01483 752700

c/o Russell-Cooke Solicitors,

Email: Nick.Ball@twmsolicitors.com

Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, Surrey KT1 1QN

Deputy Vice President MADELEINE BERESFORD

DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com

TWM Solicitors LLP

GERARD SANDERS

65 Woodbridge Road,

Hart Brown

Guildford, Surrey GU1 4RD

Resolution House, Riverview,

SUB COMMITTEES

Tel : 01483 752742

Walnut Tree Close, Guildford, GU1 4UX

Email : madeleine.gooding@TWMSolicitors.com

DX 2403 Guildford 1 Fax: 01483 887758 Email: gts@hartbrown.co.uk

KIERAN BOWE Russell-Cooke Solicitors

IAN WILKINSON

Bishops Palace House, Kingston Bridge,

The Castle Partnership

Kingston upon Thames,

2 Wey Court, Mary Road, Guildford,

Surrey, KT1 1QN

Surrey GU1 4QU

DX 31546 Kingston upon Thames

Tel: 01483 300905

Tel: 020 8541 2041

Email: ian@castlepartnership.co.uk

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

CONVEYANCING & LAND LAW Gloria McDermott Maralyn Hutchinson STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Victoria Clarke Madeleine Beresford

Tel: 01483 887704

Hon Secretary

Interim Chief Executive & Magazine Editor HILARY UNDERWOOD Surrey Law Society c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: hilary.underwood@surreylawsociety.org.uk

SOCIAL James Scozzi Gloria McDermott Gerard Sanders Ian Wilkinson Victoria Clarke Nick Ball

JAMES SCOZZI (Immediate Past President) Elite Law Solicitors

Hon Treasurer

1 Fetter Lane

NICK BALL

London

TWM Solicitors LLP

EC4A 1BR

65 Woodbridge Road,

DX: 14 London Chancery Lane

Guildford, Surrey GU1 4RD

Tel: 020 3440 5506

Tel : 01483 752700

Fax: 01923 219416

Email: Nick.Ball@twmsolicitors.com

Email: jscozzi@elitelawsolicitors.co.uk

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

membership details Annual Subscriptions:

£98 per person, per year.

Corporate Subscriptions:

£1,850 per year (20+ fee earners)

Solicitor

£60 (not in private practice)

Solicitor

£35 (not practising)

Honorary Membership:

free

Associate Membership:

free - no voting rights

4 SURREY LAWYER

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

EDITORIAL

President’s Jottings Autumn 2019

Thank you to everyone who attended and supported our second awards ceremony this year. We had a record 198 attendees and 13 sponsors. Hopefully next year will be bigger and better, although we’re running out of room at the perfect venue of the Mandolay Hotel so tickets may become harder to get hold of next year. You have been forewarned!

hroughout my year as President we have continued to support the development of our members, as well as looking internally to see how we as a committee can engage with our members better and give you what you want from your local law society. Going forward we hope to start hosting more evening events, and I am pleased that our Daytona Past President’s Cup Race will be returning next May so I hope everyone is practising for their victory lap. It was also an honour for me to be President during the centenary of Women in Law. It allowed me to represent Surrey and women in law throughout the country, including the Devon and Somerset Law Awards in Exeter, the Local Law Societies conference in Leicester, the Presidents and Secretaries Conference in London, our own Awards ceremony in Guildford, and the Opening of the Legal Year in Westminster Abbey. For my speech at our awards this year, I took inspiration from one of the first 4 women to pass the Law Society exams, who went on to represent suffragettes. Maud Crofts was her name, and she wrote “We women want not privileges but equality. We do not want to be treated as children, we are willing to take the responsibility if we get the privilege”. I felt that perfectly described how women see themselves in not just

the legal community but other areas of society. To think that men have been practising law for as long as it has existed, and yet women have only had that right for a century. It makes me proud to be part of that community, and confident in the knowledge that we have been nothing but an asset to it. Our next President, Nick Ball, has been a steady pair of hands as our Treasurer and I have no doubt that he will move our committee and membership into new and exciting things. I will be taking over his role, so no doubt we will be learning from each other over the next 12 months. I wish him the best of luck, although I am sure he does not need it. Thank you to the membership for being so welcoming to me as your President. The year has gone too quick, but it will certainly be one I will not forget. ■

Victoria Clarke SLS President 2018/19

SURREY LAWYER 5

CPD EVENTS

S L S

C P D P R O G R A M M E 2 0 1 9

AREA

DAY, DATE & TIME

TOPIC

PC**

Wed 23rd October 2019 (pm)

SPEAKER

Prof Lesley King

Will Drafting Masterclass

SPONSOR

**Note the Will Drafting Masterclass course will be held at Denbies Wine Estate, London Road, Dorking RH5 6AA from 2.00pm - 5.15pm

Further details on courses, speakers and online bookings are on the SLS website: www.surreylawsociety.org.uk Course Fees: £126 inc VAT for SLS Members or £252 inc VAT for Non-Membersor Book four or more courses and receive a 20% discount on each

WATCH THIS SPACE FOR OUR 2020 TRAINING & DEVELOPMENT PROGRAMME

2019 CONFERENCE DATES

Please note that our Private Client and Conveyancing & Land Law Conferences will now be running in early 2020. This is due to organisational changes in the way that we will be planning the calendar of the SLS year going forward. This requires some movement of events to ensure that they come into alignment with the rest of the SLS calendar year and will enable us to run all of your events as efficiently and successfully as possible from an administrative perspective. Dates will be publicised to all members in due course.

For further details or to book on any of the above, please email helen.opie@surreylawsociety.org.uk. Please check our website at www.surreylawsociety.org.uk/terms-conditions for Terms & Conditions before booking

Surrey Law Society Application Form for Committee or Board Membership

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

Firm’s Name Postcode

Contact email

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

Year of Qualification

Are You a member of SLS?**

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

❑ Yes

Board Only

❑ No

Area of work:

Sub Committee:

Skills: Qualities: Experience:

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

*Legal Executives are eligible to sit on sub-committees

Signature

Please Print name:

6 SURREY LAWYER

Sub Committee Only (Please state)

Name 2: Email:

Tel:

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

Board & Sub Committee

EDITORIAL

CEO ReportAutumn 2019 Hello again! This will be my last greeting to you as Interim CEO, as your permanent CEO Helen Opie will shortly be returning from her maternity leave.

hope that you all enjoyed the summer holidays with family and friends and no doubt you are now fully back into the swing of term-time ‘normal’ life! There is certainly an autumn chill in the air as I write this and the year is hurtling past. Since our last edition, the biggest event by far for SLS has been the Annual SLS Legal Awards & Gala Dinner 2019, which we held on 19th September 2019 at the lovely Mandolay Hotel in Guildford. You will see lots of photographs from the event throughout the magazine. For those of you who came along, I hope you spot yourself and your colleagues in there somewhere! For those of you who couldn’t make it this year, I hope these great pictures will persuade you to get involved and come along next year. We entertained record numbers at the event with 198 guests, 2 magicians and the youngest person ever to climb Mt Everest! A massive well done to each and every person who was shortlisted for an Award and a huge congratulations to our 2019 winners! They will be entered into the longlist for the Law Society’s Excellence Awards. We would also like to say a huge thank you to all the judges, and sponsors of the event without whom it would not have been possible. After taking a summer break, we are now back into the swing of professional training and development and continue to host our series of half-day seminars on subjects most recently including an MLRO Masterclass/AML Essential Compliance Update and a Wills Drafting Masterclass. Watch this space for details of our 2020 programme and which will also be available on our website www.surreylawsociety.org.uk. Having submitted all of our winners of the 2018 SLS Legal Awards into the longlist for the Law Society’s Excellence Awards 2019, we are delighted that Morrisons LLP have been shortlisted for Medium Law Firm of the Year – we wish them all the very best at the Awards on 23rd October 2019.

We are also now in the throes of planning the SLS Social Calendar for next year – watch out for details and dates of old favourites such as the Annual Legal Brain of Surrey Quiz, plus the second Past Presidents’ Championship Cup at Daytona Sandown Park, as well as a few new surprises! If you are reading this edition but do not receive our email communications, please do get in touch so that we can ensure we have your correct contact details. I would also encourage you to keep an eye on our social media posts and to join the designated SLS LinkedIn Group – these are great ways to stay in the loop about all that is going on at SLS. Details of our social media accounts can be found below, along with my contact details. As always, I extend an open invitation to drop us a line if you have any news items, or ideas and suggestions for how we can help you to get the most from your membership – we value your feedback and opinions! I also again extend an invitation to any of you who may wish to come along and observe an Executive Committee meeting – we would love to have you with us and are actively seeking new members at the current time. Lastly, it only remains for me to say that I have thoroughly enjoyed my year with you all – you are a fabulous and vibrant local law society and I wish each and every one of you every success in the future. Best wishes ■

Hilary Underwood Interim Chief Executive & magazine editor t: 0333 577 3830 e: hilary.underwood@surreylawsociety.org.uk @SurreyLawSoc @surreylawsociety Hilary Underwood (Interim Chief Executive at Surrey Law Society) LinkedIn SLS Group https://www.linkedin.com/groups/8731473/

SURREY LAWYER 7

LOCAL NEWS

SPOTLIGHT ON:

I. Stephanie

Boyce – Deputy Vice President of the Law Society Pic: I. Stephanie Boyce

With the inauguration of our new deputy vice-president, I. Stephanie Boyce, I thought it would be useful to take the opportunity to shine a light on Stephanie, the path which has taken her to office at the Law Society and her plans for the future.

. Stephanie Boyce took office as deputy vicepresident of the Law Society of England and Wales this July, becoming vice-president in 2020 and president in 2021. Stephanie, admitted in 2002, is an experienced general counsel and has worked in-house at the Association of Chartered Certified Accountants (ACCA) and the Chartered Institute of Arbitrators. Stephanie is first generation British, the first in her family to go to university and the first to qualify as a solicitor. Her background was not one of privilege, and she was raised by a single parent in an Afro-Caribbean working-class home. As a child, Stephanie had always nursed a dream to one day become a lawyer but was repeatedly told that she would never make it in the legal profession due to her socioeconomic background. On this, Stephanie said ‘it is amazing what you can achieve when you are determined and resilient’. Although her dream was initially to become a barrister, she quickly realised she would be unable to support herself through pupillage and instead set her sights on becoming a solicitor. Stephanie qualified in a small practice, steeped in hundreds of years of local history, in the town in which she still lives.

On being elected as deputy vice-president of the Law Society, she said: ‘it will be my honour to lead our independent, strong and diverse legal profession- supporting the work of solicitors and all of the positive contributions they make to our society. The legal sector is going through a period of unprecedented challenge: there is a crisis in access to justice, widespread uncertainty with Brexit and the pressure of regulatory reform. We must guide our members through the storm, whilst continuing to lobby government.’ ‘Our role as solicitors in achieving a fairer justice system has never been as important as it is today. We must stress the contribution solicitors make to the economy and wider society, as we 8 SURREY LAWYER

press government to properly fund our justice system so it is equitable, accessible and affordable. In society today, it simply cannot be right that access to justice is only available to those who can self-fund’. ‘I bring a unique perspective to this role with my skills and experience. I do not and will not underestimate the significance of my election as an office holder. I will work to continue to raise awareness of the solicitor profession and the extraordinary work we do. I intend to be visible and collaborative, seek to renew old acquaintances and forge new alliances’. Stephanie currently sits on the Law Society Council holding a seat for the Women Lawyers Division and chairs the Conduct Committee. On her appointment, immediate past-president of the Law Society, Christina Blacklaws, said: ‘I want to give my heartfelt congratulations to Stephanie. I am sure her tenure will prove to be a great success’. Boyce said: ‘I want to continue to be part of a forward-looking body that advocates and promotes change, challenges and influences whatever the future may hold. It is my intention to leave this profession more diverse and inclusive than the one I entered’. If you would like more information on the above, or to discuss anything further, please do not hesitate to contact your relationship management team at London&SouthEastTeam@lawsociety.org.uk ■

(Don’t sign here)

With our innovative smart forms, you just need to click – no handwritten signature necessary.

Handwritten signatures are so yester-century. That’s why we’ve built electronic signature technology into all our smart forms. Which means no printing or postage necessary. Once the online form is completed, your client simply clicks the signature box and hits send, avoiding time-consuming mistakes. It’s fast, easy, secure and entirely paperless. You can even monitor their progress and nudge them along. Request a demo and discover how to put the ‘auto’ in autograph for you and your clients. After all, the experience is everything.

Visit www.infotrack.co.uk/dontsign or call us on 0207 186 8090 to book a free demonstration.

LOCAL NEWS

Barlow Robbins commended as a top law firm for HNW individuals

Pic: (L to R). Tim Adams, Scott Taylor and Lisa Green

In July: Surrey law firm Barlow Robbins were proud to announce rankings in Chambers High Net Worth (HNW) 2019, reflecting the firm’s reputation as specialist private wealth practitioners in the South East.

arlow Robbins is named a leading firm for Private Wealth law in Guildford and the surrounding region. The firm is commended by Chambers HNW as being “highly professional and very approachable solicitors” and for their ability to “make complex cases accessible to lay clients and put them at ease”. Three of the firm’s lawyers have also received recognition as leading individuals, this includes Tim Adams, Scott Taylor and Lisa Green. Tim heads up the firm’s private wealth and tax department. He is described by Chambers HNW as “a respected and experienced private client practitioner who advises on wills, estate and Inheritance Tax planning” and recommended as “astute in dealing with family issues”.

Senior Associate Lisa Green is recognised as a star associate and cited by interviewees as having “an instinctive insight for the right way forward on a case” and being a “savvy negotiator”. Lisa tackles a wide range of disputes including will contests and Inheritance Act 1975 claims. She also advises clients on contentious Court of Protection matters. Chambers HNW is an annual publication, specifically aimed at the international private wealth market and ranks the top lawyers and law firms working in this area. For further information please contact: Naomi Bryer or Hannah Simpson at Infinite Global on 020 7269 1430 or barlowrobbins@infiniteglobal.com. ■

Scott Taylor is noted as “an incredibly impressive litigator” and “a brilliant strategist”. He leads on contentious trusts and probate matters, including Inheritance Act 1975 claims and testamentary capacity cases and Court of Protection Applications. Scott also works with charities, particularly as beneficiaries of estates. Would you be interested in joining the Surrey Law Society Committee? We meet approximately 4 times a year, alternating between Guildford and Kingston, plus the AGM in November. The main role of the Committee is to oversee the strategic and practical management of the Society. The Officers and Members of the Board work together with the Interim CEO, Hilary Underwood to deliver a programme of CPD and Social Events throughout the year. The Board is responsible for responding to consultations and for lobbying on behalf of the wider Surrey membership. We provide support for members experiencing problems, help them with job searches and assist with complaints.

10 SURREY LAWYER

There are also a number of Sub Committees that report to the Board including: Quo Vadis Strategy Group, Conveyancing & Land Law, Financial and Social. You do not have to be a full Committee member to serve on a Sub Committee. To find out how you can get involved and how you might contribute to the work of the Society, we invite you to come along as an observer to 2 meetings before making any decisions. If you would like to find out more about the work of the Committee or the Society, please do not hesitate to contact Helen Opie at helen.opie@surreylawsociety.org.uk or complete the application form 0n page 6.

LOCAL NEWS

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

nfoTrack customers are automatically entered into the draw and receive an entry each time they perform a legal task using InfoTrack. The more they submit an eCOS, Indemnity, SDLT, AP1 or Corporate service through InfoTrack, the more entries they will receive. Adam Bullion, General Manager of Marketing at InfoTrack comments, “Previous winners absolutely love the prize and clients regularly ask when it will return. Last year, we had almost 60,000 entries due to the simple mechanics of the competition. All you require to enter the competition is an account with InfoTrack!”

Mark Stocker of Stephen Rimmer LLP, winner of the 2018 promotion, says, “It’s truly is a fantastic prize offered by InfoTrack and everything from the hotels to the trips were fantastic and well organised. My favourite part, if I had to choose one, would be the day at the Blue Mountains as the views were spectacular. I can’t wait to return!” For more information and to find out how the promotion works, just visit http://www.infotrack.co.uk/takemetoaustralia. ■

Walk for Justice along the Thames Take on a full or half marathon this October with Walk the Thames. Walk the Thames is a fantastic event that allows walkers and runners alike to take on a marathon distance to raise vital funds to ensure that people have access to justice.

aking in such landmarks as the Shard, Battersea Power Station, and Hampton Court Palace, the event on Saturday 19th October will see solicitors, barristers, judges, advice agencies and more complete the scenic route at their chosen pace. Why not join them? For a less arduous challenge, a half marathon from Putney to Hampton Court can be undertake in the afternoon. Walk the Thames is organised by the London Legal Support Trust to raise money for hundreds of free legal advice charities and organisations across London and the South East. The funds raised by this sponsored challenge are vital in enabling the agencies to assist the most vulnerable people who are in desperate need of good quality, free legal advice. Last year’s marathon event raised over £30,000 to support frontline advice agencies so they can make a real difference to the lives of those in need.

Will you rise to the challenge and help this year’s walk be bigger than ever? There is no sign-up fee or minimum fundraising target, and with two distances to choose from it couldn’t be easier to take part! You can choose from three #WalktheThames options: • Marathon (starting 8:30am) from Tower Bridge to Hampton Court • Morning Half Marathon (starting 8.30am) from Tower Bridge to Putney • Afternoon Half Marathon (starting 12:00pm) from Putney to Hampton Court Join in with your firm or organisation and enjoy a great autumn walk or run, all to raise money for a meaningful cause. Simply sign up your team at: tinyurl.com/LLSTWTT19 ■ SURREY LAWYER 11

EVENTS

LegalEx 2020 After the huge success of our last show held in March 2019, LegalEx will be back for another edition! On the 18th & 19th of March, 2020, London’s ExCeL will again play host to Europe’s most comprehensive and allencompassing trade show for legal professionals.

12 SURREY LAWYER

LegalEx 2020 is set to be the biggest & best edition to date. It will host 200 cuttingedge exhibitors and 150 educational seminars from some of the world’s top legal experts, innovators and forwardthinking speakers. In association with The Solicitors Regulation Authority and HM Courts & Tribunal Services, LegalEx 2020 is an event that anyone within the legal profession looking for business growth, professional development and cyber security can not afford to miss.

game in legal business growth and data security. The next edition of LegalEx is planned to be bigger and better and tickets are already available on its website and are completely free. The website will also be giving all the latest updates about next year's LegalEx.

With exhibitors from across the many legal sectors all coming together under one roof, it is hard to find a reason not to attend. This approach creates an efficient solution to your legal problems. Instead of spending hours looking at companies on Designed to help the business behind the the internet, speak to the people behind solicitor, attending the event is one of the the solution face to face and choose what most effective ways to increase the profit you can be sure is the best option for your of legal practices, to step up marketing specific firm and needs. As well as this, efforts, to increase client retention, and increase billable hours. With a focus on the you can learn where the trends are by innovations in Artificial Intelligence for legal getting immediate feedback, keeping your finger well and truly on the pulse and firms, how the implementation of GDPR is affecting the efficiency of solicitors, the rise further preparing you for success in the following months. in Cyber Terrorism and how the Conveyancing sectors are expanding, For full details and to register for your free there will be more than enough for the ticket to attend please visit modern law professional to benefit from. www.legalex.co.uk. ■ With the relevance and expected expansion of these topics further into the heart of the law industry, LegalEx 2020 will keep visitors well ahead of the curve. Last March 3,300 professionals within the Legal sector came together to explore the latest tools, products, services, resources and innovations that are changing the

Christmas parties at Mercedes-Benz World. Enjoy the sparkle of Christmas and book your exclusive Christmas party at Mercedes-Benz World. Prices start at just ÂŁ65.00 per person + VAT. To book or find out more call 01932 373 707 or email mbworld-events@daimler.com

Mercedes-Benz World, Brooklands Drive, Weybridge, Surrey KT13 0SL. Tel 01932 373 707.

EVENTS

SLS Legal Awards 2019 kindly supported by Headline Sponsors Lockton

The second SLS Legal Awards Ceremony & Gala Dinner took place at The Mandolay Hotel, Guildford, on the evening of Thursday 19th September 2019. An absolutely fabulous evening was had by all as 200 people joined together to celebrate with the shortlisted nominees and winners.

Photo: All our 2019 winners

We are delighted to offer our huge congratulations to all the winners: Client Care Award sponsored by Insight Legal Winner: Terence Channer (Scott Moncrieff & Associates) Highly Commended: Shimmee Wong (MW Solicitors Ltd) Property Lawyer of the Year sponsored by DPS SoftwareWinner: Amira Hughes (Howell Jones Solicitors) Highly Commended : Ruben Perin (MW Solicitors Ltd) Private Client Lawyer of the Year sponsored by Wilkins Kennedy Winner : Holly Chantler (Morrisons LLP) Family Lawyer of the Year sponsored by HFS Milbourne Winner : Emma Newman (Stowe Family Law) Throughout the welcome drinks reception, kindly sponsored by HFS Milbourne, our guests were entertained by wonderful magicians who continued to perform their jaw-dropping magic throughout a delicious 4course dinner, after inspiring speeches from David Greene, Vice-President of The Law Society and from our own President, Victoria. After dinner, we were privileged to listen to the inspiring story of Bonita Norris, our speaker and compere for the evening. Bonita is the world's youngest person to climb Everest and reach the North Pole. Her inspiring story of going from novice climber to standing on top of Mt Everest in only two years, accompanied by stunning photographs and video from her expedition to the Himalayas, spoke to the hearts and minds of us all. As well as all the celebrations, we took the opportunity of raising money during the evening in aid of the Presidentâ&#x20AC;&#x2122;s chosen charity, the Royal Surrey County Hospital Charity to benefit St Lukes Cancer Centre, in honour and memory of the late Paul Marsh. We did this through donation envelopes as well as a Silent Auction bursting with prestigious and rare lots. We are delighted to tell you that this year, SLS raised a total of ÂŁ2,522.73. We will formally present our cheque to the charity at our AGM in November. We are enormously grateful to our panel of Judges George Coates (Head of Guildford Chambers), David Greene (Vice-President of the Law Society), Neil Rose (founder and editor of Legal Futures), David Steed (Law Society

14 SURREY LAWYER

Rising Star of the Year sponsored by 1 Crown Office Row Winner : Arjun Sreedaran (RHW Solicitors) Paralegal of the Year sponsored by Insight 6 Winner : Clare Smith (BakerLaw LLP) Support Team Member of the Year sponsored by Eagle & Beagle Winner : Sarah England (RHW Solicitors) Lawyer of the Year sponsored by D G Legal Winner : John-Paul MacNamara (G T Stewart Solicitors) Highly Commended : Holly Chantler (Morrisons LLP) Law Firm of the Year sponsored by Lockton Winner : Morrisons Solicitors LLP Council Member for Commercial Property), Simon Bland (Economic Prosperity Programme Manager for Reigate and Banstead Borough Council), Sarah Pooley (Dean of the Guildford and Reading Campuses of the University of Law), John Hyde (Deputy News Editor at The Law Society Gazette), Rita Leat (Chief Executive of the Institute of Paralegals). The event would also not have been possible without the support of our sponsors. Thank you to: Headline Sponsor and Sponsor of the Law Firm of the Year Award Lockton Sponsor of the Welcome Drinks Reception and the Family Lawyer of the Year Award HFS Milbourne Entertainment Sponsor Guildford Chambers Sponsor of the Client Care Award Insight Legal Software Sponsor of the Property Lawyer of the Year Award DPS Software Sponsor of the Private Client Lawyer of the Year Award Wilkins Kennedy Sponsor of the Rising Star of the Year Award 1 Crown Office Row Sponsor of the Paralegal of the Year Award Insight 6 Sponsor of the Support Team Member of the Year Award Eagle & Beagle Sponsor of the Lawyer of the Year Award D G Legal General Sponsors: ProDrive IT, DX and Shieldpay We hope that you will all get involved in our 2020 Awards which promises to be even bigger and better!

SECTION HEADER EVENTS

Photo: Paralegal of the Year : Clare Smith (BakerLaw LLP) with Jim Smith of Insight 6 & Rita Leat of the Institute of Paralegals

Photo: Lawyer of the Year Highly Commended : Holly Chantler (Morrisons LLP) with David Gilmore of D G Legal

Photo: Support Team Member of the Year : Chris Hunt receiving the award on behalf of Sarah England (rhw Solicitors) with Ed Chinn of Eagle & Beagle

Photo: Lawyer of the Year Winner : John-Paul MacNamara (G T Stewart Solicitors) with David Gilmore of D G Legal

Photo: Rising Star of the Year : Arjun Sreedaran (rhw Solicitors) with Simon Sinnatt of 1 Crown Office Row

Photo: Family Lawyer of the Year : Emma Newman (Stowe Family Law) with Rod Milne of HFS Milbourne

Photo: Private Client Lawyer of the Year : Holly Chantler (Morrisons LLP) with Tommy White of Wilkins Kennedy

Photo: Property Lawyer of the Year Highly Commended : Ruben Perin (MW Solicitors Ltd) with Sami Ahmed of DPS Software

SURREY LAWYER 15

EVENTS

Photo: Client Care Award Highly Commended : Shimmee Wong (MW Solicitors Ltd) with Derek Mills of Insight Legal Software

Photo: Law Firm of the Year : Paul Harvey, Managing Partner of Morrisons LLP with Brian Boehmer of Lockton

Photo: Property Lawyer of the Year Winner : Amira Hughes (Howell Jones Solicitors) with Sami Ahmed of DPS Software

Photo: Client Care Award Winner : Terence Channer (Scott Moncrieff & Associates) with Derek Mills of Insight Legal Software

Photo: Law Firm of the Year : Morrisons LLP

Photo: SLS Legal Awards 2019

16 SURREY LAWYER

Photo: SLS Legal Awards 2019

SECTION HEADER EVENTS

Photo: SLS Legal Awards 2019

SURREY LAWYER 17

EVENTS

Photo: SLS Legal Awards 2019

18 SURREY LAWYER

EVENTS

Photo: SLS Legal Awards 2019

SURREY LAWYER 19

EVENTS

Photo: SLS Legal Awards 2019

Thank You to ALL Our SLS Legal Awards 2019 Sponsors

Sponsor of the Welcome Drinks Reception and the Family Lawyer of the Year Award

Headline Sponsor and Sponsor of the Law Firm of the Year Award

Sponsor of the Property Lawyer of the Year Award

Sponsor of the Client Care Award

General Sponsor

20 SURREY LAWYER

Sponsor of the Rising Star of the Year Award

Sponsor of the Private Client Lawyer of the Year Award

Sponsor of the Paralegal of the Year Award

General Sponsor

Entertainment Sponsor

Sponsor of the Support Team Member of the Year Award

Sponsor of the Lawyer of the Year Award

General Sponsor

SECTIONARTICLES HEADER

CILEx –

An alternative route to becoming a lawyer What is CILEx? ‘CILEx’ stands for the ‘Chartered Institute of Legal Executives’ and is a professional association that provides a variety of training and education to those interested in a career within law. CILEx was first formed in 1892. Photograph: Sophie Campbell

n 1963 it became the ‘Institute of Legal Executives’ and in 2012 it received Royal Chartered status. The Royal Charter signifies the Queen in Counsel’s recognition for its high standards of qualification and regulation. Since 1989, CILEx has enabled around 95,000 people to become a lawyer. CILEx offers an accessible route to becoming a lawyer through its flexible learning and affordable qualifications, which helps those who may not have the funds or time to attend university. CILEx costs around £7,650 in total which is a fraction of the cost of becoming a solicitor. Up to 75% of employers’ pay for their staff to study with CILEx. CILEx provides comprehensive educational training that enables school leavers, legal support staff and mature students to avoid university fees and student debt. It is open to those holding GCSEs, A levels or a degree and provides the opportunity to ‘earn whilst you learn’. This apprenticeship route enables students to gain valuable experience whilst obtaining legal qualifications. Completing the Level 6 Diploma in Law and Practice means that CILEx students will have studied at a level which is equivalent to an Honours degree. For those who already have a qualifying law degree, CILEx offers a Graduate Fast-track Diploma which can be used to complete part of the journey to becoming a qualified lawyer. After completing the rigorous yet rewarding process of exams and qualifying employment, students may apply to become a ‘Chartered Legal Executive’. A Chartered Legal Executive is a fully qualified lawyer who specialises in a particular area of law, such as conveyancing or private client. CILEx also offers vocational training courses to those who may not want to become a lawyer, such as legal secretaries who want to develop their secretarial skills or obtain some basic knowledge of the law, in order to help them succeed in the legal environment. How does CILEx work? CILEx members usually receive on-the-job training within a law firm whilst attending evening and/or weekend classes in law and practice. CILEx members also have the option to complete their studies in the comfort of their own home via distance learning. CILEx enables their students to decide the pace in which they complete their studies and many of them choose to complete the qualifications by part-time studying. If a student decides that faceto-face training is the best route for them, there are around 80 CILEx accredited classes across England and Wales. These students have the benefit of attending classes conducted by an experienced teacher who is also a legal professional.

What are the benefits of CILEx? Originally, CILEx lawyers had limited qualifications and powers in comparison to a solicitor, but this has changed significantly in the last 10 years. Part of these changes arose from further developments within the CILEx system, additional recognition within the legal industry and from the Law Society. The Law Society considers CILEx to be academically challenging and states that ‘the standards expected of apprentice solicitors are high, the same as those expected of all solicitors.’ CILEx lawyers are now on an increasing level playing field with solicitors. CILEx lawyers are able to become a judge, a partner in a law firm and can represent a client in court through additional advocacy training. CILEx is proactive in its appeal for change and improvements within the legal system on behalf of its members. 81.5% of CILEx members do not have parents who attended university and only 2% of the members have a parent who was a lawyer. One of the most compelling benefits of CILEx is that qualifying through this route enables CILEx members to take part in ‘work based learning’. This means that there is no requirement to secure a training contract which is usually the biggest challenge that a law graduate is faced with. A high percentage of law graduates struggle to secure a training contract straight after graduating from university and CILEx offers an accessible solution to this problem. The CILEx route also exempts CILEx members from having to complete the Legal Practice Course. The academic training of a CILEx lawyer is different to that of a solicitor. A CILEx lawyer studies fewer subject areas overall and the training takes a more specific approach as students select and study the area of law in which they want to specialise in. Students must have achieved a minimum of three years qualifying work experience in that area of law before they are able to become a specialist lawyer in that particular field. CILEx is now becoming more of a household name, despite many law firms still being unaware of the logistics. CILEx has a goal ‘to ensure that every individual and every business has access to excellent legal services’ and this goal is coming into fruition. Whether you are an employer or an employee, CILEx are always happy to answer any questions you may have. Please contact CILEx Law School directly on 01234 844 300 or itslaw@cilexlawschool.ac.uk. ■ By Sophie Campbell Downs Solicitors SURREY LAWYER 21

ARTICLES

FUTURE LAW SOCIETY –

Governance Review 2019: What is proposed? Proposals have been made to Council to reform the composition of the Council by the Council Membership Committee. These have been debated in Council and are now being offered to Council Constituencies for comment and discussion. CMC1 state they believe it to be demonstrably the case that the characteristic with which solicitors most identify is their technical practice area and it would be easy to propose a Council entirely reflective of that factor. They also recognise that Council’s remit goes well beyond such issues and that in the practice sector such representation need is being met, in part if not largely, by the excellent technical committees in place. Practice Sector Representative Seats and their electoral base Of the present 35 non-geographical seats on Council, there are 11 which represent specific technical/practice areas. Those are childcare, civil litigation, commercial property, EU, housing law, immigration law, residential conveyancing, personal injury (2), employment and private client. However, four other seats are work sector specific. These are the CPS, criminal defence, APIL and FOIL seats. Further, some of the non-TLS body seats, the ELA2 , SPG and LAPG seats for example are/can also be described as practice based. They see Government Legal Service and Local Government solicitors as industry sectors, rather than work type sectors, and so they place them in the In-House community. The current total work sector seats are 18. However, within the TLS body, there are 22 technical committees, many of which are not aligned with a CM3 and/or do not have a Council seat. The SRA offers 62 practice area options for practitioners to identify with. While some clearly cross refer, e.g. general litigation, it is more than evident that the principal practice areas of most solicitors are one or more of business law, civil litigation, wills and trusts, family, personal injury, property, employment, crime and intellectual property. There is evident blurring is some areas such as between property and landlord and tenant and housing. CMC propose to largely maintain the current practice sectors seat types but add three. Those are Major Corporate, Banking and International Business sector (BIB), Business, and Corporate Counsel. The finer points of the definitions of these need to be considered. The first will assist in the perennial problem of defining what constitutes the City and the reality is that it is now not conveniently geographical. They propose the following Work Sector seats: Private Client (Wills, Trusts, Estates and Mental Capacity) - 1 seat (Private Client Section, Wills and Equity Cttee) Civil Litigation non - PI-1 seat (Cttee and Section) Housing Law (incl. Landlord & Tenant) - 1 seat Property - 1 seat (Conveyancing and Land Law and Property Section) Business Law - 1 seat (Company Law and/or Competition Section) Family - 1 seat Childcare - 1 seat (Children Law Cttee) Criminal - 1 seat Personal Injury - 1 seat (Civil Lit) Employment - 1 seat (Employment) The CM would be encouraged to be a member of ELA and form a distinct solicitors’ group within ELA

Intellectual Property and IT Law - 1 seat (IP and/or Technology and Law) Legal Aid Practitioner - 1 seat (Access to Justice and Mental Health Ctee). CM would be encouraged to be a member of LAPG and form a distinct solicitors’ group in LAPG Immigration - 1 seat Welsh/English cross border - 1 seat (Wales) Major Corporate, Banking, International Business - 3 seats (Competition section and/or Company Law Committee and/or Taxation and/or IP committee) In House Corporate Counsel - 6 seats. (In house solicitors representing the non-law business they work in) (Company Law Committee and/or Taxation Committee and/or the IP committee and would be members of the IHD ) Geographical Representative Seats - a possible regional structure and the electoral base. At present, there are 61 regional CM seats representing 42 constituencies. These constituencies have been in place for many years, probably since the early 60s. They are based upon local authority regions and associations, some of which no longer exist. In many instances, the borders of the constituencies are obscure. As these govern the process of nomination and election, CMC say this creates considerable difficulty, particularly for those aspiring to be elected to Council for the first time. In some of the smaller constituencies, it is becoming increasingly difficult to find candidates. In 2017, there were no contested elections in any of the due for election geographical seats. In 2013 and up to and including 2018 (six years), there were, in total, only 11 contested geographical seats. The 2019 election takes that to only 15 in seven years. Electoral colleges vary enormously between 8,405 and 844 at the extremes. 39 of the seats have fewer than 2,000 constituents. Turnout in the few contested geographical constituency elections hovers around 14%. This contrasts with the turnout in nongeographical contested seats, which is consistently higher, though not spectacularly different. Further, CMC argues the current geographical constituencies are isolated. While some have successfully adopted regional structures, such as in the south-west, Wales and in Yorkshire, that is not the norm. Delivering support for CMs in liaison with individual constituents is a challenge that technology alone will not solve. The need for more local support is clear, but that can only be effectively delivered if a regional structure is put in place within which individual constituencies are more likely to thrive and can more effectively be supported. The current TLS regional structure, with its relationship managers focusing on delivering TLS needs rather than Council members’ constituency needs, would soon be overburdened if it was extended to cover CM support. Also, as it currently works reasonably well, it should not be disturbed.

1. Council Membership Committee 2. Employment Lawyers Association 3. Council Member

22 SURREY LAWYER

SECTIONARTICLES HEADER

The paper therefore proposes a new regional support structure for Council, based on 13 regions. Each should have a Regional Forum (RF) of CMs and Local Law Societies (LLS) and any other relevant regional structures, including cross regional structures, if that is desired. These should meet in tandem with Council, so six times per annum, and be independent of but financially supported by TLS with RF meeting and attendance expenses being covered. Some existing Local Law Society groupings could become the Regional Forum. Delivering support to CMs on a cost-effective basis will be a challenge requiring a new structure, properly costed, budgeted and approved but they believe that the RFs will assist with delivering that support. CMC asserts that new constituencies that avoid splitting the major national post code system are also highly desirable. This, they say, can be largely achieved as below, with only SY and CH significantly split. Though there will have to be other more minor adjustments, under the proposal there will be no part full post codes such as at present, with “WC2A part” and many others. These make it challenging to identify seats and secure supporting nominations. Further the primary working place location, or if none the residency location, should be the only basis of eligibility. It is not appropriate, they argue, to include membership of an LLS alone as an alternate when there is no effective control on who the LLS allows to join. They suggest the 13 Council Regions as the constituency seats for which CMs will stand and which CMs will represent save in London where they envisage 5 sub regions. There will be specific seats for some major cities. In allocating numbers of CMs to constituencies the paper has recognised as far as it reasonably can the balance that has to be drawn between solicitor numbers and geographical size. Given the new opportunities for engagement and communication with members that technology now offers they have tended more to the former. They recognise the value of the geographical link in the member engagement process but reducing the overall CM numbers is a necessity if it is to become a more representative body that is effective and manageable. Note that the postcodes proposed are not final and, in some cases, will require finer adjustment. Also, where “part” is identified that part will be specified after consultation for example in East Midlands, SK part will probably be SK 17,22 and 23. That must also apply to Surrey. London Region. In London, there are currently 17 CMs spread over 9 constituencies which vary enormously in numbers and geographical reach. We believe these should be reduced to 9 CMs. As above, there should be a nongeographical sector seat representing solicitors working in the major corporate, banking and international business sector (BIB) and Corporate Counsel (In- house) seats. In practice, these seats will likely be London based so overall the reduction in London would not be as large as first seems. The proposals affecting Surrey are: West and South West London (W(part)KT/SM/TW/ UB/SW (part) 1 seat (was 2) South and South East London (CR /BR/ DA/SE) 1 seat (was 2) South East: ME/CT/TN/RH/BN/GU/ with 3 seats (was 5 excl. Hants and IoW) Also, the International Team and Brussels Office. The international team supports members who are either based in other jurisdictions or looking to expand their operations there, as well as promoting the rule of law internationally. The Brussels Office is, unsurprisingly, focused As above their proposal encourages and assumes the establishing of Regional Forums (RF) in each regional grouping along the lines of the successful Association of South-Western Law Societies, the Yorkshire Union of Law Societies and other models. This will strengthen links with LLS. CMC believe it should be for each Regional Forum to discuss and agree how each region’s CMs’ constituency responsibilities should be allocated within the region, save for the reserved seats for major urban areas.

Regional forums will need a formal committee structure, which would include all CMs working within the region and representatives active LLS in the Region. Elections would be by vote of all practitioners practising and holding PCs in the defined postcodes and working in the areas. They suggest 40 regional/geographical seats. They believe that this will deliver effective and proportionate regional representation. They contend that the previous SE region (now proposed to be split into 3) was significantly overrepresented on Council relative to the number of practitioners working there. This now reduces to a more proportionate 6. London has been over reduced in proportionate terms. This is in recognition of the reality that new In House and BIB seats are likely to be based there and in the South East. They say that they appreciate that both Home Counties North and South East are large areas, but don’t support further dividing those between East and West. In practical terms they would hope Regional Forums would ensure that burdens were fairly shared between CM in all regions. In some regions where there is a proliferation of small local law societies, they suggest that expectations of personal attendances will need to be managed and skype/conference calls more often used. The proposed changes encourage and assume the establishing of Regional Forums (RF) in each regional grouping along the lines of the successful Association of South-Western Law Societies, the Yorkshire Union of Law Societies and other models. This would mean the existing Surrey, Kent and Sussex Law Societies forming a Regional Forum. So this is how it would work out: The new South East Regional Grouping will cover Surrey (part), Kent (part), East Sussex and West Sussex (part). It will be allocated 3 seats. The county of Surrey (“Surrey”) currently comprises the postcodes: GU (part); RH (part); CR (part); SM (part); TW (part); KT (part). The postcodes in the Surrey constituency will, under the proposals, be allocated as follows: The Surrey KT postcodes will become part of West and South West London Group of the London Region. The Surrey TW postcodes will become part of West and South West London Group of the London Region. The Surrey CR postcodes will become part of South and South East London Group of the London Region. The Surrey SM postcodes will become part of South and South East London Group of the London Region. The Surrey GU postcodes will become part of the South East Regional Grouping. The Surrey RH postcodes will become part of the South East Regional Grouping. The allocation proposed will result in a radical alteration of the Surrey Constituency. The allocation of three seats to the South East Regional Grouping does not mean that inevitably a Surrey Solicitor will be elected as a Council Member. These and other issues will need careful consideration. ■

Alastair Logan Council Member for Surrey

SURREY LAWYER 23

ARTICLES

PENSIONS IN DIVORCE Mark Studdart joined the experienced Family Law team at Gordons Partnership LLP in Guildford in May 2019 and writes about recent guidance about pensions in divorce.

his summer has seen the publication of the final report from the Pension Advisory Group (PAG) with the snappy title of Guide to The Treatment of Pensions on Divorce, which should give everyone a fair idea of the contents. The group was set up under the auspices of the Nuffield Foundation and consisted of judges, leading practitioners in divorce, pensions law and company law along with pension actuaries and IFA’s. It is fair to say the authors know what they are talking about. Since the introduction of Pension Attachment and then Pension Sharing orders family lawyers have, bit by bit, built up a working knowledge of the basics of UK pensions, yet it remains a highly complex area containing a myriad of significant pitfalls for the unwary and ill-informed. The statistics show that most divorcees deal with pensions on an offsetting basis without any expert assistance and away from the

CMY

judicial promoting of contested proceedings. Frequently, clients and lawyers alike treat pensions like other capital assets and attribute similar worth based on cash equivalent values. This will, without doubt, have led to many unintended consequences that may return to our desks for many years to come, possibly via Claims Management companies. The PAG report states the present best practice and gives guidance on how we should deal with pensions in a divorce. It should be seen as essential reading for the family lawyer but be warned it extends to over 160 pages with 24 appendices, although for those with a heavy caseload or short attention span there is an executive summary and Essential Action Points. In the absence of more useful guidance from the courts, the report’s approach to pensions is probably the benchmark we should to work to. The report helpfully sets out key information about types of pension, computation of value, methods of division, offsetting methodologies, ‘pension freedoms’ and tax. It highlights occasional issues such as ‘income gap’ syndrome, apportionment for pre-marriage contributions and the impact of the Lifetime Allowance. If you thought you knew about pensions this report will make you realise you probably do not know enough. Unsurprisingly for a report partly authored bythose who prepare expert pension reports for court, there is a great deal of information about when an expert may or may not be needed, with a series of “red flag” scenarios and types of pension which indicate specialist knowledge is required. After reading the report you may never see State Pensions in the same light. At the heart of the report is the clear message that is it essential to a fair outcome that everyone in divorce should fully understand the nature and extent of the pension assets in their marriage; not least as it may all need to be explained to a judge. All parties should have the information needed to understand the likely outcome of any agreement they make about pensions. For the lawyer, following the suggested best practice should also reduce the likelihood of claims and produce happier better-informed clients who might just have enough money to live on in retirement thanks to you. A copy of the report can be downloaded at: https://www.nuffieldfoundation.org/sites/default/files/files/G uide_To_The_Treatment_of_Pensions_on_DivorceDigital_2.pdf. ■

Mark Studdart Gordons Partnership LLP

24 SURREY LAWYER

ARTICLES

Residual Client Balances: Why you should never ignore them! It is surprisingly easy for residual client balances to appear on a practice’s matter listing if the right controls are not put in place by the accounts department.

esidual client balances can appear on the accounts for several reasons:

• Returned funds cheques not being cashed by clients. • Funds due back to the client not being sent. • Office monies being left in client account and not transferred over. • Miscalculations on statements of accounts such as completion statements and estate accounts causing small balances to remain. • Mis-postings on the accounts not being remedied. The above causes of residual balances show a lack of strict controls, heightening the risk to client monies. It is for this reason that the SRA will deem systematic residual client balances a qualifying breach of the SRA Accounts Rules. It is therefore crucial to review the reports provided to the COFA each month to spot any aging credit balances in client account and look to remedy them. If the above is followed, it will keep the residuals to a minimum as they are being actioned on an ongoing basis. It is also important to have strict controls placed in practice to ensure that the causes of residuals are avoided. Simple solutions are quite often the best. For example: • Taking bank details upon ID check and file opening will mean that any funds needing returning to the client can be done so without the need for the client to cash a cheque in at a local branch. • Adding key dates/review dates to the case management to ensure that staff are prompted to review and send funds. • Ensuring that the cashier runs regular costs transfer reports which are distributed to the fee-earners so that they can move office monies over regularly. • Using Excel/spreadsheet formulae or the case management system to calculate statements of account and avoid discrepancies. • Reviewing client ledgers which have erroneous balances from the monthly matter balance listing and rectifying issues upon discovery.

If a firm already has residual credit balances on client account, the key is to deal with those first, then put the process in place to handle new ones on a monthly basis. The process for handling the balances is all about communication and transparency. • Identification: Review any balance which has not moved for an abnormal amount of time. Review the ledger and identify the root cause for the monies remaining. • Action: Attempt to send the money to its intended beneficiary, whether it is the client, office account (if applicable) or a third party who is owed. • Schedule: Keep a log of attempts to send the monies out and a record of the correspondence between the firm and the beneficiary. • Charity: This should be used if all else fails. If adequate attempts have been made to return/pay funds and they have been scheduled in a log, then they can be sent to a charity. If the individual balance is under £500.00 it can be sent with a note kept in the log. If it is over £500.00 the firm must contact the SRA for approval to send. It is also best practice to have the charity indemnify the funds so that they return to the firm any monies that a client may return for. Keeping a clean matter listing is very important. The new SRA Accounts Rules state that client monies should only be used for their original, intended purpose meaning that a firm should know exactly what the monies held across client account are for. Keeping a close eye on the processes and controls within the firm will help ensure that causes of residual balances are avoided. It is always worth reviewing the controls and processes regularly because they need to be relevant and fit for purpose. ■

Alex Simons The Law Factory

SURREY LAWYER 25

SOFTWARE

Fridays at Quill Nothing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week.

nd in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day. For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved. When you consider the plethora of problems that fall into the non-compliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task. In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail. As already intimated, for clients using Interactive, there are all manner of easy-to-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body. Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports. All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable. For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still outstanding. Our reports also streamline 26 SURREY LAWYER

the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland. These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-compliance-guaranteed service. Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-to-day transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway. Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes. Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-byQuill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved. To discover more about Quill, please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910.■ By Julian Bryan Managing Director, Quill

FINANCE

Cash as

an Asset Class As Investors in the UK have become more cautious given political and economic uncertainty, allocation to Cash within the portfolio has grown. Why is this Cash not being treated as an Asset class in its own right?

n addition to the percentage of cash in a recommended portfolio, it is critical to understand that the wealth manager may only be seeing part of the story. Many clients treat their cash separately from their investments which, except for day-to-day spending doesn’t help anyone. How can the wealth manager give proper objective advice without seeing the full picture of a client’s finances? In most cases, the clients will then sit on the cash in a high street bank earning little or no interest. When these paradigms are combined, individuals might have as much as half their savings in cash and it is highly likely that this is underperforming. Step one is for clients is to share the full picture of their finances with their wealth manager but step two is that, for this to happen, the industry needs to get much better at offering cash investment alternatives.

What does “allocated to cash” currently mean? Very few wealth managers offer cash investment products and where they do, they are often structured notes where the principal may be protected but any return is actually exposed to interest rates or currencies. These investments require a level of sophistication that is inappropriate for the majority of investors. For lack of a better option, the wealth management industry often confuses cash and short dated bonds. Not only do they behave in very different ways but right now, the 2 year UK Government bond yields 0.52% while the best 2 year bank account yields 2.1%. The bond is more liquid but for that compromise, the client is earning nearly 5 times the return. Current UK inflation is 1.9%, if your cash is earning less your savings are depreciating daily. In addition to this, if the amount per bank is £85,000 then the bank deposit is FSCS protected and the risk profile is very similar.

Active Cash Management

How? * Regulatory change – PSD2 * Challenger banks * Technology A combination of these factors makes the UK savings market more interesting and competitive than it has been for many years. Clients can choose from a greater range of savings products and also move money faster and more cheaply than before. With the fast moving pace of technology there is now not necessarily the need to complete multiple application forms, duplicate money laundering, clients now have the option for a single sign up process which can give them access to over 20 banks and minimises the time and effort it takes to manage their cash both now and in the future.

Is it worth it? If both clients and wealth managers do more to demand and provide better cash management products then the national impact could be very material. There is more than £1.5 trillion of inert cash in the United Kingdom. If the country can improve the returns on that cash by 1% then that releases £15 billion of improved returns back to investors and ultimately back into the UK economy.

What else? So far we have focussed on the Individual. The attitude towards cash, creating the statistic quoted in the paragraph above is as much the case with Trusts, Charities and Corporates as it is the Individual. All of the diversification and return enhancement discussed is available to all account types and needs to be embraced.

Steven Vallery The psychology needs to change. All parties should see cash as part of the portfolio rather than S4 Financial Limited – steven.vallery@s4financial.co.uk a separate afterthought. Cash returns need to stop dragging down the overall portfolio returns and better cash alternatives will give the wealth manager the confidence to give advice to recommend cash as an asset class with less concern for “missing out”. The concept of Active Cash Management is important at any stage in the cycle but arguably even more critical in the current interest rate environment. SURREY LAWYER 27

Looking for a safe alternativ alt ernative ernativ e to post and email? You’ ou’re in safe hands with Document Portal.

Document Portal. A clever new add-on, only available as part of Brighter Law. ǋċĚƑ ¬ĚČƭƑĿƥǋ Ŀƙ î ƥūƎ ƎƑĿūƑĿƥǋ ĲūƑ ŕîǅ ǛƑŞƙȡ ƎƑūƥĚČƥĿŠĳ ǋūƭƑ ČŕĿĚŠƥ îŠē ƥĺĚ ƑĚƎƭƥîƥĿūŠ of ǋūƭƑ ċƭƙĿŠĚƙƙ Ŀƙ ǄĿƥîŕȦ ~ƭƑ ŕîƥĚƙƥ ƙĚƑǄĿČĚ ƎƑūǄĿēĚƙ î ƙĚČƭƑĚ ĚŠǄĿƑūŠŞĚŠƥ ĲūƑ ƥĺĚ ĚǊČĺîŠĳĚ ūĲ ƙĚŠƙĿƥĿǄĚ ČŕĿĚŠƥ ĿŠĲūƑŞîƥĿūŠ ǅĺĿŕƙƥ ƙƥƑĚîŞŕĿŠĿŠĳ ǋūƭƑ ƎƑūČĚƙƙĚƙ îŠē ĺĚŕƎĿŠĳ ƥū îǄūĿē ēĚŕîǋƙ ĿŠ ƥĺĚ ƥƑîŠƙîČƥĿūŠȦ For a free, no obligation demo email info@brighterlaw.co.uk 28 SURREY LAWYER

SECTION CONVEYANCING HEADER

poweredbypie Launches Document Portal to Enable Secure Exchange of Sensitive Client Data

12 September 2019: Search and software provider poweredbypie has announced the launch of Document Portal, a new solution for solicitors to enable the secure electronic exchange of all documentation within the conveyancing process.

y removing the need to ‘print and post’, Document Portal offers a simple, secure solution to speed-up the exchange of documentation between solicitors and clients. Carole Ankers, chief product & technology officer, poweredbypie explains: “Document Portal is part of our Brighter Law suite of products. For many years, Brighter Law has allowed solicitors to streamline communication online, by managing new client interaction and providing instant quotations with the aim of increasing conversion rates. “Following many months of research and development we have taken the time to understand the needs of solicitors and the challenges they face in the conveyancing process,” continues Ankers. “The result of this insight is Document Portal, which allows client documents to be stored, accessed and shared safely online, negating the need for physical copies. It is both simple to use and set-up and takes care of the technology needed to supply a secure 2 Factor Authentication for electronic document exchange, removing the delays associated with paper-based legal forms and mitigating the risks posed by email communications.

personal information. Document Portal removes this risk, providing secure 2 Factor Authentication to store and share legal documents which are accessible only to those with authorised access.” Document Portal now enables law firms to create a document portfolio which includes intuitive, editable forms and digital signature facility provided by the leading eSignature brand DocuSign. Not only does this provide a secure, streamlined environment for client data, it also highlights to the client exactly what information needs to be filled-in, first time, every time. “ On 4 September 2019 the Law Commission set out a statement to end uncertainty and increase confidence in the use of electronic signatures https://www.lawcom.gov.uk/project/electronicexecution-of-documents/. Commercial and Common Law Commissioner, Stephen Lewis said: “Our report aims to provide an accessible statement of the law which makes it clear that an electronic signature can generally be used in place of a handwritten signature as long as the usual rules on signatures are met.” Carole Ankers continues, “As a technical solutions provider and partner to law firms up and down the country, it’s our job to look at the issues that affect our clients and come up with solutions. We are very excited to launch our secure portal that enables solicitors to exchange sensitive documentation giving the law firm a real point of difference while inspiring confidence and trust.”

“As Cybersecurity continues to be one of the most serious threats facing the legal community, it is essential for firms to take a secure approach to the protection of sensitive client data. According to the SRA Risk Outlook 2018/19, in the first quarter of 2018 over 70% of all cybersecurity reports were For further information directly attributed to email modification fraud, www.poweredbypie.co.uk a sophisticated method of interception designed to capture client bank details and

please

see:

SURREY LAWYER 29

ci Self-issue CROSSWORD a competitioN to wiN £100*

1. A LEGAL RIGHT 2. MANDATOR TORY BY LAW TORY W

3. A FoRM OF PROPERTY TENURE 4. A CLASS OF TITLE

5. THE stART OF A POLICY 6. MEDIEVAL AL LIABILITY

7. iNSURER PROVIDES TO PROTECT AGAINST POTENTIAL LOSS 4.

8. ONE OF THE PARTIES PARTIES COVERED BY CI Self-issue policies hiNT: Read below

*Email a picture of your completed crossword to competition@legal-contingency.co.uk before 5.30pm 30th November 2019 to be entered into a prize draw for a £100 M&S Gift Card in December - one entry allowed per person. Competition terms and conditions can be found on our website: dxd.conveyancinginsurance.co.uk/cicr cicrossword

Ci Self-Issue Insurance provides cover for a broad range of risks at competitive premiums. Our residential and commercial policies cover property owners and fulfil lender requirements. Both are conveniently available online or as a self-issue pack to help you complete property transactions on time. You can view our policies on our website at any time, or alternatively call or email us: Website: www.conveyancinginsurance.co.uk Email: enquiries@conveyancinginsurance.co.uk Phone: +44 (0)20 7397 4363

Legal & Contingency Limited is authorised and regulated by the Financial Conduct Authority, Reference No. 312376 Registered Office: 60 Fenchurch Street, London, United Kingdom, EC3M 4AD - Registered in England & Wales, Wales, No. 3511606

Are you losing money to unreliable time recording? Know where your time and money is goingâ&#x20AC;&#x201D;itâ&#x20AC;&#x2122;s key to the success of your law firm. Use one-click time recording on your mobile, desktop, or Outlook email.

Get accurate time recording on the spot with Clio.

Learn more at clio.com/uk/time

CONVEYANCING

GCS Title Insurance â&#x20AC;&#x201C; Comprehensively Simple

Guaranteed Conveyancing Solutions (GCS) is recognised as a market leading provider of legal indemnity insurance (otherwise known as â&#x20AC;&#x2DC;title insuranceâ&#x20AC;&#x2122;), for both â&#x20AC;&#x2DC;Residentialâ&#x20AC;&#x2122; and â&#x20AC;&#x2DC;Commercialâ&#x20AC;&#x2122; properties.

ll our policies are comprehensively worded and the process of obtaining cover is fast and simple. There are 3 options when it comes to issuing legal indemnity insurance with GCS: â&#x20AC;&#x2DC;Onlineâ&#x20AC;&#x2122;, â&#x20AC;&#x2DC;Packâ&#x20AC;&#x2122; or â&#x20AC;&#x2DC;Bespokeâ&#x20AC;&#x2122;. 1) â&#x20AC;&#x2DC;GCS Onlineâ&#x20AC;&#x2122; provides users with 24/7 access to their account where they can obtain quotes in seconds and issue policies in minutes. All documentations are sent out electronically and immediately. 2) GCS Insurance â&#x20AC;&#x2DC;Packâ&#x20AC;&#x2122; is just as easy to use as our Online system. The main difference is that documentation is not sent out electronically but instead, policies are in paper format and contained in logical order within the Pack itself. 3) Our â&#x20AC;&#x2DC;Bespokeâ&#x20AC;&#x2122; service is available if you are unable to issue directly from our â&#x20AC;&#x2DC;Onlineâ&#x20AC;&#x2122; or â&#x20AC;&#x2DC;Packâ&#x20AC;&#x2122; because the risk does not meet the relevant criteria or if the policy cover your client requires is not listed Online or in the Pack. Simply contact us for a quote â&#x20AC;&#x201C; an experienced and friendly underwriter is always there to help. Donâ&#x20AC;&#x2122;t worry â&#x20AC;&#x201C; the choice is yours! We understand that not all conveyancing professionals work the same way and that some prefer certain methods of obtaining legal indemnity cover for their clients over other methods.

At GCS, we have over 20,000 conveyancers that rely on our policies with every individual having the option to choose Online, Pack, Bespoke or ALL three methods in combination. All services are FREE to use and non-obligatory â&#x20AC;&#x201C; Online registration takes minutes and we post the insurance Pack first class the day itâ&#x20AC;&#x2122;s requested. Donâ&#x20AC;&#x2122;t just take our word for it â&#x20AC;&#x201C; hereâ&#x20AC;&#x2122;s what our customers have to say: â&#x20AC;&#x153;I (personally) think GCS are brilliant. The self-issue packs are fabulous.â&#x20AC;? â&#x20AC;&#x153;The online service is simple, cost comparable to other insurers and very user friendly.â&#x20AC;? â&#x20AC;&#x153;Pack and bespoke arrangements always come back quickly and will provide reply within hours to enable matters to be dealt with efficientlyâ&#x20AC;? Like what you hear? Join the thousands who come to us for their clientsâ&#x20AC;&#x2122; legal indemnity needs and find out why weâ&#x20AC;&#x2122;re trusted by over 20,000 conveyancing professionals. Register for â&#x20AC;&#x2DC;GCS Onlineâ&#x20AC;&#x2122; account today by visiting www.gcsonline.gcs-title.co.uk. Request a GCS insurance â&#x20AC;&#x2DC;Packâ&#x20AC;&#x2122; today by visiting www.gcs-title.co.uk/orderpack. For a â&#x20AC;&#x2DC;Bespokeâ&#x20AC;&#x2122; quote, send an email to underwriters@gcs-title.co.uk. â&#x2013;

We always go the extra smile Providing conveyancing professionals with the service they deserve! ;]-Ń´ bm7;lmb|Â&#x2039; bmvÂ&#x2020;u-m1; =ou |Â&#x2039;r;v o= ruor;uŕŚ&#x17E;;v -m7 7;Â&#x2C6;;Ń´orl;m|v &mubÂ&#x2C6;-Ń´Ń´;7 1Â&#x2020;v|ol;u v;uÂ&#x2C6;b1; $_; orŕŚ&#x17E;om |o _-Â&#x2C6;; Â&#x2039;oÂ&#x2020;u oÂ&#x2030;m 7;7b1-|;7 Â&#x2020;m7;uÂ&#x2030;ub|;u Â&#x2020;b1h u;vromv;vÄˇ vr;;7Â&#x2039; voŃ´Â&#x2020;ŕŚ&#x17E;omv Â&#x2020;Ń´Ń´Â&#x2039; 1olru;_;mvbÂ&#x2C6;; 1oÂ&#x2C6;;uÄˇ 1olr;ŕŚ&#x17E;ŕŚ&#x17E;Â&#x2C6;; ru;lbÂ&#x2020;lv

Anything we can do to get that extra smile. Â&#x2030;Â&#x2030;Â&#x2030;Äş]1vĹ&#x160;|b|Ń´;Äş1oÄşÂ&#x2020;hĹ&#x2020;6 65 ]1vĹ&#x160;ŕŚ&#x17E;|Ń´;Äş1oÄşÂ&#x2020;h

01435 868050

Online

Pack

Bespoke

Â&#x2020;m7;uÂ&#x2030;ub|;uvĹ ]1vĹ&#x160;ŕŚ&#x17E;|Ń´;Äş1oÄşÂ&#x2020;h

32900 - GCS Title - Press Advert_04.indd 1

32 SURREY LAWYER

09/08/2019 14:47

CONVEYANCING

Don’t Mess With Me, Pork Chop; What Day Is This…? by Kevin Johnson

Groundhog Day; a 1993 American fantasy comedy film starring Bill Murray as Phil Connors, a TV weatherman who, during an assignment covering the annual Groundhog Day event, is caught in a time loop, repeatedly reliving the same day.

s it just me or have the last three years in the UK felt just like that? And it wasn’t even a great movie – life imitating art!! Here we are again reflecting on the biggest issues facing UK business still relating to the uncertainties principally caused by Brexit. By now Halloween has passed; that time in the liturgical year dedicated to remembering the dead, including saints (hallows), martyrs, and all faithful departed – in 2019 I’m confident that will surely include common sense! But will 2019 be the year of trick or treat? I was recently asked to give my views on the future of the Local Authority Searches industry and, against the backdrop of uncertainty, I thought that I’d share what little wisdom I have with the good readers of Surrey Lawyer too. So here goes…. Whilst there are inevitably requirements for home or business relocation there continues to be decision-making reluctance in the face of unpredictable circumstances. Until Brexit is resolved/concluded (two distinctly different things) and we return to ‘business as usual’, transactions will fail to get off the ground and delays and cancellations will persist. It’s impossible to plan for future growth as fluctuations are so severe; individuals and companies are taking the conservative approach and adopting ‘wait and see’. I personally don’t see this changing soon and ‘aspirational’ moves will continue to be suppressed; but there will be churn as some deals are borne of necessity, not just desire. On the hardly efficacious process itself, I view conveyancing as principally a hugely competitive ‘step and repeat’ activity. The online presence of estate agents, mortgage brokers and legal services offers bucket shop prices to uneducated buyers of services and many will take advantage of this. But buying property is probably the most single most expensive transaction that any of us undertakes and so why risk the value of the process by simply going for the cheapest possible supplier? Conveyancing solicitors need to continually evolve and demonstrate required levels of professionalism and skill to ensure transactions complete successfully. Buyers and sellers face being financially disadvantaged, or ruined, if matters aren’t handled in the right way. And so, selection of who to trust with weighty matters has to be based on something far more important than how much one can save; consider instead, how much one has to lose. Globally, rapidly evolving technology, changing market conditions, extreme competition and alternative ways of working necessitate new and mixed skill sets and this is no different with regard to conveyancing. It is no longer sufficient to simply be trained to deliver in the short term; the process of developing skills and experience is ongoing, fundamental and we all have to make time to adapt to rapidly changing circumstances, learning new skills as we go. Conveyancing is not robotic, although it

does follow standards, and the delivery of many core processes could certainly be streamlined using technological advances. But communication is still the biggest single factor in delivering a successful conveyance; it is crucial that we quickly and efficiently communicate our messages. Behind every matter are human beings; those wanting to move to a new home, those having to sell for myriad reasons, businesses that need to re-locate to grow and evolve and legal professionals facilitating all of this. Technological advances will massively transform the future of conveyancing, fact, but they will not replace every aspect of a process which ultimately is deeply personal to the individual. Speed is of the essence, especially in our arcane system because until the conveyancing matter is completed there is no certainty. But property transactions are financially significant and absolute accuracy, professional opinion and advice remains core. And this is because of the legacy of the then Lord Chancellor, Richard Bethell, 1st Baron Westbury who introduced the Land Registry act in 1862. Over 150 years’ worth of documentation, legislation, change and data capture exists in non-digitised formats. For e-conveyancing to be successful, all this has to be digitised so that computers can talk to one another. The difficulty in this is why the Land Registry absorption of Local Land Charges from nearly 400 district and unitary councils is projected to take until 2023. This is the tip of the iceberg and why econveyancing may be the future, but not for a decade and certainly not in the immediate near future. One question asked was “Are ‘robot conveyancers’ a likely reality?”. Possibly, in my opinion, but not soon. Any robotic model will be proven in countries where there are far less complex matters and problems to be solved and which don’t have to deal with the legacy of the good Lord Chancellor. There are always more questions than answers and the world has shifted on its axis. So much is ‘broken’ in society; our country and across the globe; where do we begin to fix it all? But there is deep desire in great swathes of community to make things better and we all have an individual part to play in this. For our small part, we at Index will continue to do what we do best – provide simply the best, most personal customer service that we can to ensure that ‘the searches’ can never again be used as an excuse for delaying or collapsing a conveyancing deal! ■

Kevin Johnson Index Property Information

SURREY LAWYER 33

Premium Residential <0.25Ha

Environmental | Flood | Ground Stability | Energy & Infrastructure

Report Details

Subject Site

Address:

Requested by:

Grid Reference: E: 123456 | N: 123456

Date:

Report Reference:

Report ID:

Sample, Sample

Sample

27/04/2018 1000085407

Professional Opinion 1.ENVIRONMENTAL

No further recommendations

PASS

2.FLOOD

PASS

3.GROUND STABILITY

PASS

4.ENERGY & INFRASTRUCTURE

PASS

No further recommendations

Consideration(s):

4.20 Power Stations

Air Quality Index: Some Polluted Areas (See 1.25)

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

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

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

AFFILIATE MEMBER

SECTION CONVEYANCING HEADER

Greenland and Our Disappearing Coast Cottage owners on a famous stretch of Sussex coastline have put out a plea for £1m to pay for urgent sea defences before time runs out. As Tim Champney, Managing Director at Future Climate Info explains, the call comes as new surveys indicate the speed of Greenland’s ice sheet is melting faster than ever.

t Cuckmere Haven, the hills are cleaved in two by the winding Cuckmere River that empties onto the sea alongside a set of picturesque cliff-top cottages. With the Severn Sisters cliffs in the background, it makes one of the most beloved views in England. It is a fragile coast, with many parts of nearby Birling Gap having fallen into the sea. The residents of Coastguard Cottages have been protected in the past by the original sea wall built in 1947, thanks to post-war reparation funds. They were further strengthened by a lower wall, paid for by the residents in 1987. Self-help flood defences However, The Environment Agency (EA) has now stopped the funding for its sea wall which was damaged during storms in 2013 and 2014. They say this is part of the shoreline management plan to retreat, rather than replacing hard defences. The Local Authority has also said that they are not under a statutory obligation to maintain any sea defences. This has had a knock on effect of eroding the residents’ own defences. In response, they paid £60,000 of their own money in 2014 for a concrete and boulder construction. However, in a single night in 2016, the entire structure was washed away, exposing the cottages’ vulnerability again, as the cliffs around them continued to erode at the rate of 30 to 40 cm per year. Facing a Growing Threat An estimated £1m is needed to protect the four cottages at the top of the cliff, because plant machinery will be required in a challenging environment. It has cost £50,000 just for the planning application alone, which has now been submitted. So far the Cuckmere Haven SOS Fund, set up by the residents has raised £40,000. Dr Raymond Ward, principal lecturer on physical geography at the University of Brighton, says that the South East of England has an annual sea level rise of 4mm per year. The rate of climate change is locked into a cycle that is feeding itself and will accelerate over the next 20, 50 and 100 years. Dr Ward puts this down to CO2 from industrial activity, but also permafrost and glacial melt as the Arctic regions experience unprecedented temperatures. Greenland: Unprecedented Ice Melt Greenland's massive ice sheet is about seven times the area of the UK and up to 3km thick in places. If the whole sheet melted, it would raise global sea levels by up to 7 metres. Scientists are quick to stress that this is not going to happen any time soon, but just a small increase in the rate of melting, could threaten millions of people living in low lying areas.

Until recently, the ice sheet was generally in a state of balance the amount of snow falling in winter was roughly equal to the amount of ice melting in summer. However, since 2003, it has lost a staggering 3 and a half trillion tons of ice. Combined with melt from Antarctica it could create a global sea level rise of well over a metre before the end of the century. Currents and weather systems will create greater localised variations that could be much higher – and the south and east of the UK are some of the most vulnerable locations. The 13th June this year saw an extraordinary warming peak on Greenland. Temperatures rose 22C degrees above their norms on the ice caps, as recorded by the Danish Meteorological Institute (DMI). On that day alone, the DMI estimated that Greenland lost 2bn tons of ice, with 45% of the ice cap recorded as starting to melt. Retreat or Protect? Back at Cuckmere, the residents see this as more than just a King Canute-like fight against the elements. With many international visitors drawn by its iconic views, they feel it is part of the national heritage that could be lost to the sea in the years to come. The EA still regularly clears shingle from the mouth of the river. However, it has said it is investing £2.6bn on other areas of the coastline between 2015 and 2021 to protect 300,000 homes. And this is the dilemma – do you protect the few because of the iconic buildings and view, or the many in less remarkable places? The answer for the EA, as a statutory body, is perhaps very obvious when you put it like this. Predicting Future Coastal Change If you are planning to purchase a coastal property, it is essential to understand whether the existing defences are up to the job. You need to understand how the coastline is changing and its rate of retreat and subsidence risks. If flood defences exist, will investment be maintained or is the local plan to retreat? What do past flood extents and future climate modelling tell about the risk. At Future Climate Info, our environmental reports and specialist flood risk services provide conveyancers and their clients with the best possible combination. For more information, contact us on 01732 750180 or email info@futureclimateinfo.com. ■

SURREY LAWYER 35

If you’re using any Drainage and Water report o otther than the CON29DW…

Good luc luck The CON29DW is the only drainaage and water report that gives your clients all the information they need. No inferring, no ignoring, no insuring. When it’s your reputation on the line, do you really want to leave it to luck? It’s your call…

Call 0800 085 8050 Email customer.services@geodesys.com www.geodesys.com/con29dw-goodluck

CONVEYANCING

How digitisation is changing the future of home-buying Data in the 21st century has been described as the oil of the 18th century – an incredibly valuable resource with potential for immense rewards for those who learn how to extract and use it.

iving in a connected, digital economy means that we are increasingly reliant on data in order to function and evolve, so businesses and consumers alike have a part to play in shaping the role of digital information in our society.

conditions taking weeks if not months to be returned. It has therefore been prioritised for digitisation with a pilot scheme being launched across five Local Authorities as a first wave in 2018. The plan is that this will be rolled out across all Local Authorities in time.

The commercial value of data has already been recognised by the automotive industry, where mobile phone signals and GPS positioning have been used to reveal important information about driver behaviours. Monitoring of parking locations, destinations, mileage and speed, even the frequency of sudden braking feeds huge back-end systems that collate that data and package it to be resold.

The digital Local Land Charges Registry scheme aims to provide 24/7 access to data, which is free to view or access for reference. As with the automotive industry, there is scope for monetisation, such as the £15 fee already in place for official copies that can be saved, printed, and rerun for six months, a service that is particularly useful when checking whether any information has changed following a delayed or drawn-out transaction.

While that data can ostensibly help by keeping costs down for careful drivers, it remains to be seen whether it’s good news for all from a financial perspective. Where it should benefit everyone is in speeding up the insurance claims process for those involved in a road incident. Similarly, house-buying is ripe with data and there is always appetite to streamline the process. Current estimates indicate that half of all UK house sales fall through before completion , so there is a clear need to improve the home-buying process and make the data that we have work for rather than against us.

The scheme has been universally acclaimed by those that are already participating and is due to roll out across a further 18 Local Authorities over the next 18 months. It’s hoped that all 326 Local Authorities within England will be offering digital LLC within 5 - 7 years. The Land Registry’s initiative is a great showcase for the power of data and how it can be used to streamline processes, so how can we expand this across other areas of the market?

Could we imagine a future when holders of flood data, contaminated land data, or drainage and water information make these Information collected along the way details accessible through an online portal, includes personal data about buyers and attributed to every registered address and sellers as well as surveyor reports, summarised instantly for potential buyers significant property improvements and environmental data. While these records are (and their legal representatives) at the touch of a button and for a set fee? useful, managing the sheer volume of repetitive data associated with the houseIn other words, each property would come buying process is often cited as a major complete with its own set of data at the point cause of delay in transactions going of being offered for sale. Sound familiar? It’s through and even leading to ultimate failure. not entirely different to the abandoned Home Stakeholders from all quarters are keen to improve the process, and HM Land Registry is leading the charge with a wholesale review launched in 2017 to make home-buying simpler, faster and cheaper.

Information Packs of the mid-noughties, in fact. With the advances in digital technology and data management since then, perhaps it’s time to revisit the concept. ■

Local Authority data is often considered as one of the most troublesome areas, with searches into planning permissions, conservation areas, TPOs, smoke control zone conditions or light obstruction notice

Jonny Davey

Product Manager at Geodesys

SURREY LAWYER 37

LEGACIES

Charitable Gifts in Will Drafting and Estate Administration Leaving money to a charity in a Will is a great way for people to leave a lasting legacy for a charity particularly close to their hearts, and to save inheritance tax at the same time. Photograph: Maddie Beresford

Types of charitable giving in Wills Pecuniary legacy eaving a pecuniary legacy is the simplest way of leaving a gift to charity. However, this can be problematic in that the testator is unlikely to be able to predict how a pecuniary legacy will compare with the size of their estate on their death.

Reduced Rate of Inheritance Tax It is generally thought that by giving 10% of an estate to charity, it will qualify for a reduced rate of inheritance tax at 36% compared with 40%. This is a more generous provision that it first seems, as in order to qualify for the reduced rate, it is 10% of the baseline amount rather than 10% of the entire estate. Estate Administration This baseline amount is calculated, in simple terms, by deducting the nil rate band (original and transferable) from the net estate at date of death. This means that an estate worth £1,000,000 with one nil rate band of £325,000 available would have a baseline of £675,000, and therefore the 10% would be satisfied if at least £67,500 is passing to charity. Particular care should be given if there are beneficial entitlements which are to be grossed-up, as this will affect the baseline amount. This can mean that even a comparatively small legacy can mean the estate qualifies for the reduced rate of inheritance tax. It can also be worth considering a variation with the beneficiaries, if the sum passing to charity under the Will is close to allowing the estate to qualify for the reduced rate. For example, if between 610% of the baseline amount is passing to charity, increasing this sum to 10% can mean the beneficiaries themselves receive the same amount, if not more, because of the reduced rate. Will drafting Formula legacies can be included to calculate the amount required to qualify for the reduced rate of tax. However, in view of the above, in some cases this may lead to less passing to the charity than the testator intends, and therefore it is worth considering with the client whether they wish to include a minimum amount (as above, this can be index-linked). Conclusion Consider: • the merits of a percentage of the estate passing to charity as opposed to a pecuniary legacy • the issue of ‘Certainty of Object’ in the context of unincorporated associations • appropriating assets to charitable beneficiaries in the course of an estate administration • the possibility of claiming the reduced rate even where the 10% entitlement is not expressly stated as such in the Will. HMRC have a helpful calculator for calculating the required sum. • the possibility of variations with beneficiaries • a formula legacy to ensure the reduced rate is secured, in Will drafting ■

On the one hand, inflation may mean that the legacy makes up a smaller proportion of the estate than intended (although this can be countered by linking the legacy to RPI or CPI). On the other hand, if the estate is substantially diminished compared with when the testator made his/her Will (for example, due to paying care costs) it may make up a larger proportion than intended. The latter can be countered by leaving a matching legacy to the residuary beneficiaries, so that if the estate is insufficient to pay all of the legacies in full, the legacies can then abate proportionately. Residuary legacy Alternatively, by leaving a fixed percentage of the estate to a charity, this ensures the testator gives the proportion they intend, whether larger or smaller than the sum they have in mind at the time they are making their Will. A minimum and maximum sum can be specified, to keep the legacy within the parameters intended by the testator. Tax Considerations Inheritance Tax in Will drafting Gifts to UK registered charities (and ‘community amateur sport groups’) are exempt from inheritance tax. When drafting Wills it is therefore particularly important to make sure that the full charity name and registered charity number is stated. It is also important to consider what the testator’s intention is if their chosen charity has amalgamated or ceases to exist at the time of their death. Both in Will drafting and estate administration, also consider that grossing (single or double) may apply where there is a mix of exempt (e.g. charitable) and non-exempt beneficiaries, which means that the non-exempt entitlements may need grossing before the inheritance tax is calculated. Particular care should be given where there is a gift to unincorporated associations which might seem on the face of it to operate for charitable purposes, but are not in fact registered charities. This can also be problematic in satisfying the certainty of object principle, as well as for inheritance tax purposes. Capital Gains Tax and Income Tax in Estate Administration UK registered charities are also exempt from capital gains tax and income tax. When dealing with the sale of assets in the course of an estate administration, it is therefore important to consider appropriating assets to charities ahead of the sale to maximise the benefits here. Providing the charities with a R185 certificate By Maddie Beresford allows them to reclaim any income tax paid during the course of Associate Solicitor in Private Client with TWM Solicitors the administration. 38 SURREY LAWYER

LEGACIES

Helping your clients connect with local causes that matter to them Leaving a legacy gift to local causes is often important to those who make a bequest, but with 6,000 charities and community groups in Surrey alone, it can be difficult to stay up to date with the organisations who are making a difference in the area of interest your client is most passionate about.

he Community Foundation for Surrey, an independent philanthropic charity, matches donors with inspirational local charities which make a real difference to the lives of people across our county. As a result of the generosity of Surrey residents, through both living gifts and legacy gifts, the Community Foundation has awarded over £10million in grants to local charities and community groups since establishing in 2005, ensuring that all donations given are directed towards the most pressing needs in our local communities. Our expert team will work with your client to help establish their wishes for a gift in their will – for example, to donate to charities in a particular borough or part of the county, or to focus more on supporting a theme such as mental health, young people or disadvantage. We will create a solution which ensures their gift will be looked after for the long term, including the option to create an invested endowment fund to allow your client’s legacy to continue into

the future through their own named charitable fund, and these funds will be managed by our Trustees in accordance with the expressed wishes of the donor. The Community Foundation also offers peace of mind to you and your client that appropriate due diligence will be conducted on any charity prior to a donation being made, and that if a named charity has ceased to exist when the legacy gift is realised, the donation will be distributed to similar good causes working in the specified area. With charitable legacies growing each year, and the overall income from legacy gifts now at over £3bn annually, this is an important subject for many families when forming their wills, and the Community Foundation for Surrey would be pleased to work with you to support and advise your local clients. From a bespoke solution to a number of collective giving funds across the county, we can help ensure that donations go to where they are most needed at the time the gift is realised. ■

Supporting your clients with their local giving

Q Philanthropy advice to help your clients connect with local good causes Q Helping advise on legacies to local charities Q Long-term invested charitable endowment funds Q Benefit from our expert knowledge of thousands of Surrey charities The Community Foundation for Surrey is an independent philanthropic charity which inspires local giving for local needs. We connect donors with vital local charities and community groups, offering them a vehicle for their giving which enables them to make grants to the causes they care most about. To find out how we can help advise you and your clients on their legacy gift or other local giving, please contact us at

01483 478092

cfsurrey.org.uk

C ompa ny Regist ra t io n N o . 5 4 4 2 9 2 1

Ch a r i t y R e g i st r a t i on N o. 1 1 1 1 6 0 0

SURREY LAWYER 39

LEGACIES

The ageing population in Surrey is growing and, along with it, the need for specialist end of life care.

This poses some difficult and increasing challenges. As NHS and social services budgets continue to come under increasing pressure, more and more people will be turning to Hospices for help - but the public money to provide that help is not keeping up. Instead, Hospices rely increasingly on gifts in Wills in order to care for people in their final days in an environment of compassion and support. Princess Alice Hospice in Esher - the first to achieve a five-star rating for all its operations across the board - now relies on gifts in Wills for half of its income. End of life care is provided to more than 3,000 patients every year. The Hospice has an ageing population in its care area and annual deaths are expected to rise from 8,000 to 10,000 over the next five years.

Love us ave us. when you le Leave us a gift in your Will, so that others can make the most of the time they have left. Request your free Gifts in Wills brochure today: pah.org.uk/wills supportercare@pah.org.uk 01372 461808 © 2019 Princess Alice Hospice. Registered charity no. 1010930 and a company limited by guarantee in England and Wales no. 1599796

40 SURREY LAWYER

Following the Prime Minister’s pledge in August, to give UK hospices a £25m boost, Nicki Shaw, Chief Executive of Princess Alice Hospice, said: “While any extra government funding is welcome it does not solve the issue of the sustainability of the sector. “Of the 500,000 people who die in the UK each year, 200,000 are cared for by the Hospice sector. This proportion could be higher if sufficient funding was available for end of life care.” While the average NHS funding to the UK’s 200 Hospices is 33%, less than a fifth of Princess Alice Hospice’s funding comes from the Government. Most of its support comes from the community it serves. This income is generated thus: 50% Gifts in Wills; 19% NHS grants; 10% Shops & events; 9% Donations and 12% other activities including education. Princess Alice Hospice needs to grow its annual net income to at least £12 million by 2022. Gifts in Wills are increasingly vital to help achieve this goal. They give the Hospice the confidence that it will have the funds it needs, well into the future Nicki Shaw added: “Princess Alice Hospice is rooted in the heart of the community; we provide exceptional end of life care. We know we can’t prevent death, but we do whatever we possibly can to make it the best it can be. But, above all, we believe that hospice care is for living. “Our care area covers a large part of Surrey, south west London and Middlesex. Through our teaching, training and research, we are advancing end of life care standards, improving the quality of living for people across the nation in their latter days. “Frankly, without the income from gifts in Wills, the Hospice would not be able to continue this work.” On any given day, Princess Alice Nurses, doctors and specialist staff are looking after more than 850 people in need – whether that be at the Hospice itself or in patients’ homes. The Hospice provides medical care for people in the last stages of illness, to help manage pain and other symptoms and ensure the best possible quality of life until the end. The specially trained bereavement team offers vital support for families, including young children and teenagers, to help them through the stages of their grief. Teams are on call 24 hours a day to provide expert guidance to patients, families and carers facing difficult symptoms and treatment choices. Princess Alice Hospice is committed to reaching out to more people by delivering outstanding care, nurturing compassionate communities, sharing its knowledge and expertise and influencing the debate around death and dying. Princess Alice Hospice joined forces with 200 other charities to celebrate ‘Remember A Charity Week 2019’ (9-15 September), which saw charities come together to encourage people to leave charitable gifts in Wills and by doing so, “pass on something wonderful” to the next generation. ■

SECTION LEGACIES HEADER

Just imagine giving a gift now to help families in the future When your clients leave a gift in their will to Shooting Star Children's Hospices they are helping to ensure that babies, children and young people with lifelimiting conditions, and their families, have the chance to make every moment count. Today, tomorrow and for years to come.

hooting Star Childrenâ&#x20AC;&#x2122;s Hospices supports families from diagnosis to end of life and throughout bereavement with a range of nursing, practical, emotional and medical care. The charity provides a lifeline to families facing unimaginable circumstances â&#x20AC;&#x201C; families just like Jakeâ&#x20AC;&#x2122;s. Jake was diagnosed with a rare metabolic condition when he was just two and a half years old. Jake and his family have been supported by Shooting Star Childrenâ&#x20AC;&#x2122;s Hospices ever since.

It costs ÂŁ10 million a year for Shooting Star Childrenâ&#x20AC;&#x2122;s Hospices to maintain their current level of care and just 10% of that income comes from government funding, so the charity relies on the generosity of the community to keep the service running. Whatâ&#x20AC;&#x2122;s more, as children with life-limiting conditions continue to live longer thanks to medical advances, the demand for the charity's hospice service will grow.

Leaving a gift is a big decision to make, but even the smallest gift could make a huge difference to the vital work of Surrey's only â&#x20AC;&#x153;Shooting Star Childrenâ&#x20AC;&#x2122;s Hospices gives Jake a children's hospice. reason to live â&#x20AC;&#x201C; he loves being at the hospice so It takes so little to give so much. Call Katie on much and he especially loves the sensory room. 01932 823109 to request a free legacy pack or The support and care they give to Jake and our visit shootingstar.org.uk/legacies to find out whole family is indescribable. Without them we more. â&#x2013; just wouldnâ&#x20AC;&#x2122;t get by.â&#x20AC;?

zmsu{q Â tq puĂ&#x2122;q q{oq Â&#x2020;|Â&#x201A; o|Â&#x201A;yp zmxq Â | rmzuyuqÂ&#x20AC; yuxq Â&#x201A;zzq ÄÂ&#x20AC;Ä? Â&#x192;q{ Â tq Â&#x20AC;zmyyqÂ&#x20AC;Â suĂ? u{ Â&#x2020;|Â&#x201A; Â&#x201E;uyy o|Â&#x201A;yp tqy} Â&#x201A;Â&#x20AC; } |Â&#x192;upq |Â&#x20AC;}uoq mÂ |zq om q suÂ&#x192;u{s }m q{Â Â&#x20AC; |r yurqÄ¸yuzuÂ qp otuyp q{ Â&#x20AC;|zq zÂ&#x201A;otÄ¸ {qqpqp qÂ&#x20AC;}uÂ qÄ?

Make mornings easier today for families with a life-limited child â&#x20AC;&#x201C; leave a suĂ? u{ Â&#x2020;|Â&#x201A; Â&#x201E;uyy Â | t||Â u{s Â m tuyp q{ÄÂ&#x20AC; |Â&#x20AC;}uoqÂ&#x20AC;Ä?

Â&#x201A;Â&#x20AC;Â uzmsu{q mornings made easier r| Â&#x201A;zzq ÄÂ&#x20AC; rmzuyÂ&#x2020;

Â Â mxqÂ&#x20AC; Â&#x20AC;| yuÂ Â yq Â | suÂ&#x192;q Â&#x20AC;| zÂ&#x201A;otÄ&#x; Â&#x20AC;t||Â u{sÂ&#x20AC;Â m Ä?| sÄ?Â&#x201A;xĹ yqsmouqÂ&#x20AC;

Registered Charity No: 1042495

SURREY LAWYER 41

LEGACIES

Angus... At 16 years old, Angus the Jack Russell Terrier was the oldest resident at Dogs Trust Ilfracombe when he arrived after his owner sadly passed away. Thankfully his owner had signed up to Dog’s Trust's Canine Care Card, a free service that aims to give owners peace of mind, knowing that Dogs Trust will look after their dog if the worst should happen. He has now been rehomed to the perfect family where he will spend his golden years! Elise Watson, Rehoming Centre Manager at Dogs Trust Ilfracombe, said: "Many dog owners worry what might happen to their dog if they were to pass away first, leaving their beloved four-legged friend without an owner. However, the Canine Care Card scheme offers reassurance to dog owners, and also helps to ease the minds of friends and family during what is already a distressing time. But it means you can rest in the knowledge that your dog will be cared for after you die and just like Angus, will go on to find loving homes that are right for them.”

Canine Care Card holders receive a wallet-sized card which acts in a similar way to an organ donor card and notifies people of their wishes for their dogs, should anything happen to them. Dogs Trust works hard to match every dog with a responsible, loving home. If for any reason a dog takes a while to be rehomed, owners can rest assured that Dogs Trust never puts a healthy dog to sleep and will care for them for the rest of their lives. If you would like to request Canine Care Card forms that you can give out to your clients please call 020 7837 0006 or email ccc@dogstrust.org.uk and quote code 334279

Who’ll keep him happy when your client’s gone? We will – as long as your client has a Canine Care Card. It’s a FREE service from Dogs Trust that guarantees a bereaved dog a home for life. At Dogs Trust, we never put down a healthy dog. We’ll care for them at one of our 20 rehoming centres, located around the UK. One in every four of your clients has a canine companion. Naturally they’ll want to make provision for their faithful friend. And now you can help them at absolutely no cost. So contact us today for your FREE pack of Canine Care Card leaflets - and make a dog-lover happy.

Call

020 7837 0006

Or e-mail

today

ccc@dogstrust.org.uk

Or write to: Freepost RTJA-SRXG-AZUL, Dogs Trust, Clarissa Baldwin House, 17 Wakley Street, London EC1V 7RQ (no stamp required) Please quote “334279”. All information will be treated as strictly confidential. This service is currently only available for residents of the UK, Ireland, Channel Islands & the Isle of Man

www.dogstrust.org.uk Registered Charity Numbers: 227523 & SC037843

42 SURREY LAWYER

Specialist treatment without the wait. wait. Rapid access to private treatment. À «>Ì i ÌÃ Ü w ` Ì i Ãi ÛiÃ > µÕiÕi v À - «À Vi`ÕÀiÃ] Üi v viÀ > > ÌiÀ >Ì Ûi «>Ì Ü>Þ v À Ì Ãi Ü >Ài >L i Ì «ÕÀÃÕi Ì i «À Û>Ìi À ÕÌi° *>Ì i ÌÃ Ü Ì «À Û>Ìi i` V> ÃÕÀ> Vi À >Ài Ü } Ì Ãi v vÕ ` ÌÀi>Ì i Ì] V> Ãii > V ÃÕ Ì> Ì >Ã Ì Ì i >Ã Ó{ {n ÕÀÃ Vi > ÀiviÀÀ> >Ã Lii ÀiVi Ûi` v ÀiµÕ Ài`® > ` > Þ ÀiV i `i` ÃÕÀ}iÀ Þ V> Li Ã À Ì Þ >v ÌiÀ° À Ã i Ã«iV > Ì iÃ Þ Õ V> iÛi Ãi v ÀiviÀ Ü Ì ÕÌ >Û } Ì Ãii Þ ÕÀ * wÀÃÌ° ƂÃ > «>Ì i Ì Þ Õ Ü w ` Þ ÕÀÃi v ÀiV ÛiÀ } i v ÕÀ «À Û>Ìi i ÃÕ Ìi Li`À Ã° "ÕÀ À>« `] «iÀÃ > Ãi` ÕÀ iÞ Ü > Ü v À Þ Õ Ì }iÌ L>V Ì Ì i LiÃÌ ÛiÀÃ v Þ ÕÀÃi v >Ã Ã >Ã « ÃÃ L i°

Our clinical services. / iÀi >Ài > Ü i ÃÌ v «À Û>Ìi ÃiÀÛ ViÃ v À Ü V Üi V> V ÃÕ Ì > ` ÌÀi>Ì >`Õ ÌÃ > ` V `Ài ] V Õ` } LÕÌ Ì Ìi` Ì \ • "ÀÌ «>i` V

• Þ >iV }Þ

• "« Ì > }Þ

• /

• i iÀ> ÃÕÀ}iÀÞ

• " V }Þ

• Ã iÌ V ÃÕÀ}iÀÞ

• >À` }Þ

• 6>ÃVÕ >À ÃÕÀ}iÀÞ

• *>i` >ÌÀ VÃ

• 1À }Þ

• >À >ÌÀ V ÃÕÀ}iÀÞ

For more information: 0WHƂGNF *GCNVJ )WKNFHQTF *QURKVCN -Ì À } , >`] Õ `v À`] 1Ó Ç,

01483 342 761

Ü ÕÃ "0WH ƂGNF*GCNVJ)WKNFHQTF*QURKVCN

Initial consultation from £200

LEGACIES

Supporting older people in Surrey A gift in a Will for Age UK Surrey will help support people in Surrey through the changes and challenges of later life.

gift can help to make sure that older people in Surrey will have someone to turn to if they need us. We work to combat loneliness, improve wellbeing and support independence.

How a gift will help

Every single gift is vital to Age UK Surrey because we rely on donations and legacies to deliver our local services. We provide tailored one-to-one support, information and advice, benefit entitlement checks, befrienders, home helps and gardeners and organise group social activities. A gift could help people like Elizabeth, who lives alone. Age UK Surrey matched her with a befriending volunteer. “She’s a very nice girl. She makes me laugh; she brings in the sunlight.”

Leaving a gift

To ensure a legacy supports local services provided by us in Surrey, please refer to our charity as ‘Age UK Surrey’ (Registered charity no. 1036450). For further information, please visit www.ageuk.org.uk/surrey/get-involved/legacy, call 01483 503414 or email enquiries@ageuksurrey.org.uk

44 SURREY LAWYER

SECTION INSURANCE HEADER

Unoccupied Property Insurance â&#x20AC;&#x201C; Prepare Your

Home for When the Weather Turns

At this time of year, we like to remind our clients that the colder months are approaching, and so they should be making preparations for their unoccupied property. This is in their best interests, as it will be going without the keen eye of a resident to pick up on anything out of place.

aintenance issues can arise, especially if the building is left vacant for a long period, without inspections taking place. There are no inspection requirements with Unoccupied Direct, so this is perfectly fine with us, but visiting after a drastic change in weather, such as heavy rain or snow, can be worthwhile for peace of mind. Our product has been developed with the client in mind, so many common requirements have been stripped back to a minimum. Reducing such tasks allows them to focus on more important matters with the knowledge that the property is financially protected. Certain clauses do exist within our policy to ensure that our clients have done all they can to prevent the cold weather from causing avoidable damage to the property. For example, during the period 1st November to 31st March each year, you must comply with one of the following: - If the entire main structure at the premises has the benefit of gas or oil fired central heating then this must be set to operate continuously (not timed) for 24 hours each day at no less then 12Â°C or 54Â°F

or - All water supplies in the main structure at the premises are to be turned off at the mains stopcock and the water system drained of all water Failing to do so could affect a claim if it leads to the pipes freezing and potentially bursting. Our insurance would no longer provide cover for loss or damage due to escape of water if you fail to comply. However, if the terms of cover are met and a valid claim arises, remember that at Unoccupied Direct we have no excess for any type of claim. We have put together a handy guide, which is free for all of our clients. It details information and tips for looking after an unoccupied home. Feel free to get in touch if you would like us to send some to your office - contact our team by calling 0800 015 2211 or email: enquiries@unoccupieddirect.co.uk. All of our policy documents and more information regarding our product and services are available to view online at www.unoccupieddirect.co.uk. â&#x2013;

Unoccupied Property Insurance

Protection for homes empty due to probate or the owner going into care Visit

:H GR QRW UHTXLUH SROLF\KROGHUV to inspect the property whilst on FRYHU ZLWK XV HYHQ GXULQJ WKH colder months.

www.unoccupieddirect.co.uk

IRU D T TXRWH

Unoccupied Direct is a trading name of Unoccupied Direct Limited. Unoccupied Direct Limited is authorised and regulated by the Financial Conduct Authority. Firm 5HIHUHQFH 1XPEHU 5HJLVWHUHG 2IĂ&#x20AC;FH 7KH :DOEURRN %XLOGLQJ :DOEURRN /RQGRQ (& 1 $: : 5HJLVWHUHG LQ (QJODQG :DOHV &RPSDQ\ 1XPEHU Unoccupied Direct Limited is part of the Gallagher group of companies.

SURREY LAWYER 45

SECTION BOOK REVIEW HEADER

ANDREWS ON CIVIL PROCESSES WIFE’S ACQUIESCENCE IN HUSBAND’S TESTAMENTARY WISHES NOT SUSPICIOUS: Second Edition By Neil Andrews ISBN: 978 1 78068 684 4 INTERSENTIA LIMITED www.intersentia.com AN IMPORTANT STATEMENT OF LAW ON THE MAIN FORMS OF DISPUTE RESOLUTION TODAY An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator It’s always the case that the legal publishing firm, Intersentia, based in Cambridge, Antwerp and Chicago, delivers the legal goods for the legal profession. And they do so in spades here with this authoritative statement offering “a fresh and stimulating examination of civil justice, embracing court proceedings, mediation, and arbitration”. The book has been written by Professor Neil Andrews from the University of Cambridge. It’s a new edition which has been summed up brilliantly as “a critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws”. To us, the new edition remains one of the most important books which Intersentia publish and it contains both national and comparative law advice for all practitioners. In this substantial volume, Andrews guides the reader through the practice of dispute resolution in all its major forms for this new second edition at a time of change. He covers public and private, adjudicative and conciliatory methods in thorough detail. The ensuing 1,200 pages give both lawyers and laymen a complete picture of the court and arbitration systems, and of the developing technique of mediation at a time of substantial implementation in 2020s. Without doubt we consider that “Andrews on Civil Processes” gives many of us what we have been looking for, that is “an outwardlooking work”. We, as advisors who seek further leads, are given additional assistance with the detailed citations of primary sources and the rich bibliographical references to national and foreign works. It makes the work heavy in all senses of the word! “Andrews on Civil Processes” has developed into an authoritative statement on the fundamental and systematic treatment of its subject by its leading expert (Andrews). He offers us an acute observation in the preface of why this book has now appeared in a new edition stating that “universities and the legal profession and judiciary must continue to work together in the common cause of supplying a rich 46 SURREY LAWYER

education and achieving a critical perspective on legal practice”. It goes without saying that this book will provide a valuable resource on the changing civil processes we face in the next decade The work has been fully revised and updated for the 2nd edition and it remains an essential work of reference for litigation advisors, judges, commentators, and students. We do make special reference here to the increasing support the courts give to mediation and arbitration as both are nearly always selected as an alternative to the court processes. As many non-resident participants now choose to conduct arbitration in London or bring proceedings before the English High Court, (particularly the Commercial Court), we are given the clear and wellordered structure of “Andrews of Civil Process” to assist us by Intersentia. We feel that the book will also of interest to the lawyers beyond just the jurisdiction of England and Wales to cover nonEnglish practice. This second edition of this hardback book was first published on 26th April 2019. The author states that he sent his manuscript to Intersentia based on WLR case law reported no later than 4th May 2018. However, Professor Andrews says it has been possible to make further changes to reflect developments which have emerged before March 2019, so we have a very up to date statement whilst we prepare for further changes to the civil processes in 2020 and beyond. ■

by Elizabeth Taylor and

Phillip Taylor MBE

of Richmond Green Chambers

Bringing together all your commercial requirements

Conveyancing can be complex and even more so when looking at commercial transactions. Thames Water Property Searches endeavour to make this process as seamless as possible, whether it’s: • Acquisitions • Commercial leases, or • Development We aim to keep you informed along the way, assisting you in solving the problems as they may appear. appear.