Surrey Lawyer October 2022

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President’s Jottings

AUTUMN 2022

As I write this, we have just enjoyed the fourth Surrey Legal Awards celebrating some of the best of the county’s legal talent. We had a record number of nominations, and the calibre of the firms and individuals involved really showed what incredible work is being done by our members. Huge congratulations to everyone who was shortlisted, and of course the winners on the night.

Having been involved with the Awards since the first event in 2018, it’s wonderful to see how it grows each year, and I’m looking forward to next year already.

We had a brilliant time celebrating with everyone. It was so lovely to see people supporting their colleagues, and we had a very funny after-dinner speech from Clive Anderson, including reflecting on “that” Bee Gees interview.

Between the silent auction and the generous donations received on the night, we raised over £4,000 for the Samson Centre for Multiple Sclerosis, which far surpasses the amount raised in any previous year. Thank you to everyone who participated for their amazing generosity, which I know will make an enormous difference to the valuable work done by this very small local charity.

The event would not have been possible without our fantastic sponsors, particularly our headline sponsor Actionstep, and thank you to all of our other sponsors – Evelyn Partners, Chantries & Pewleys, Conscious Solutions, Guildford Chambers, Landmark Information, LawSure Insurance, My New Venture, Square Daisy and Tower Street Finance.

Mentoring Scheme

During my welcome speech at the Awards, I mentioned that we will soon be putting together a mentoring scheme, pairing junior lawyers with more experienced lawyers outside of their firms for general career guidance and support. It is my hope that this will be valuable and rewarding for both sides; if you would be interested in shaping the scheme with your input, we would very much like to hear from you.

Pride

I was pleased to join the Pride in Surrey march in August, representing Surrey Law Society’s commitment to making sure that we encourage a profession as diverse as the community it serves. Pride of course celebrates the LGBTQ+ community, and we are also committed to making sure we represent diversity in every sense. If you have any ideas as to how things can be

improved or have experiences you think would be worth sharing (whether positive or negative), please do get in touch. We have a very active EDI Committee and are always looking to welcome new members to join this group.

100 years of women in law December 2022 marks 100 years since the first female solicitor was admitted to the roll, paving the way for thousands more over the following century. There were four women due to qualify at the same time in December 1922; because this was a momentous event, it was decided that one of them needed to be the first, leading to a running race down Chancery Lane! The first to reach the Law Society, and therefore the first female solicitor admitted, was Carrie Morrison.

Today, 60% of those entering the profession are female, and over time we will see this reflected more in senior positions.

Current Affairs

As the nation mourns the loss of Her Majesty Queen Elizabeth II there remains a sense of instability, and our experience over the last few years causes concern there is always something else just around the corner, and so far, there is.

The “mini-Budget” will have significant implications for practitioners across the legal profession, touching almost every area of practice. For example, property lawyers who are advising on the changes to Stamp Duty Land Tax will potentially see an influx in client demand similar to the Stamp Duty holiday in 2020. With rising interest rates, practitioners are seeing lenders withdrawing from the market and a growing sense of uncertainty among clients as well.

If Surrey Law Society can support you in any way as we continue to navigate our way through, please do reach out.

AGM

The next event in our social calendar is the AGM and ‘Legal Brain of Surrey Quiz’ on 17 November 2022. This will be held at The Weyside Pub in Guildford, and it’s always a fun evening; I look forward to meeting some of you there. 

Madeleine Beresford

President

Madeleine Beresford

CEO Report

AUTUMN 2022

It’s been an exciting start to the Autumn at Surrey Law Society HQ and as the nights draw in and the temperatures start to drop, we are looking forward to a busy end of the year and making plans for our 2023 programme.

We held our 4th SLS Legal Awards on 22nd September at the Mandolay Hotel in Guildford. You can view pictures from the event and read a summary of the evening later in the magazine, so I won’t dwell too much on it here, but I do want to congratulate all our finalists and in particular our highly commended nominees and winners. It was so rewarding to receive so many nominations for the programme, having seen it grow so much from its inception in 2018. I would like to thank our generous sponsors for their support of the event, which is essential to making the evening a success. There are also so many partner companies involved in the running of an event like this, from magicians and jazz bands to the venue, the chair and linen suppliers and the production crew; I would like to thank every one of them for their professionalism and fantastic service. If you have any feedback on the event or any recommendations for the 2023 programme, we would love to hear from you, so please do get in touch.

We also resumed our training programme in September and were delighted to host our first in-person session of the season with Stephen Desmond, who delivered an excellent course on Leasehold Conveyancing and Lease Extensions. It was fantastic to have such a busy room, we are definitely seeing an increase in bookings for our face-to-face training and at the time of writing we have the largest number of people booked to attend our Private Client Update with Lesley King next week that we have seen at a course in over 2 and a half years. Running alongside our in-person sessions, we are continuing our online programme and have hosted recent webinars on Mortgage Lending Requirements for Conveyancers and Cohabitation Claims & Property Disputes for Unmarried Couples. As the year draws to a close, we start to think about the sessions that you would like to see on the 2023 programme so please do let us know if you have any topic suggestions or speaker recommendations.

In addition to training, we are also in the midst of preparations for our AGM and Legal Brain of Surrey Quiz, which are taking place on the evening of Thursday 17th November at the Weyside in Guildford. This is always such a fun evening and last year we were fully booked, so I would encourage you to sign your teams up as soon as possible. You can enter a team of any size up to a maximum of 5! As always, we encourage you to bring your colleagues along, but as long as there's one lawyer on the team, your other members can comprise friends, family and loved ones!

Later this month we will hold a meeting of the Quo Vadis committee to look at any improvements we can make to your Surrey Law Society membership, and we’ll be discussing a range of new initiatives for consideration such as a new website, a members-only platform, as well as easier ways to book events and courses, so do watch this space.

I also wanted to remind you about some of the existing benefits of your membership, which you might not be aware of. These include the opportunities to advertise unlimited vacancies on our Find a Job Noticeboard, which we’ll in turn share on our social media channels, or the opportunity to attend or access recordings for the Law Firm Marketing Club’s webinar series. You’re also entitled to access any of the Surrey Law Society back catalogue of webinar recordings free of charge so don’t forget to contact us for log-in details of any of the sessions you might have missed this year. These are just a few of the benefits of your membership so do get in touch if there is anything we can help with.

As always, I want to thank our patrons for their continued support this year, and to draw your attention to the contributions of some of them later in this magazine, where you will find articles on best practice LinkedIn usage by Chadwick Nott, specialist services assisting in estate administration hurdles by Finders International, risks associated with cryptocurrency by Howdens, output from their recent Data Insights Report by Landmark Information, Issues affecting the rise of IHT by Tower Street Finance and Conveyancing Question Time courtesy of LawSure Insurance. Please also look out for further news from our other patrons Evelyn Partners, Moneypenny, Conscious Solutions and TWM Solicitors in our forthcoming e-Bulletins.

Lastly, I would like to invite you to follow the Surrey Law Society

page if you’ve not already done so; we update this regularly so you will find all our latest news here!

Helen Opie

KEY OFFICERS

President

MADELEINE BERESFORD

TWM Solicitors LLP, 65 Woodbridge Road, Guildford, Surrey GU1 4RD

Tel: 01483 752742

Email: madeleine.beresford@twmsolicitors.com

Hon. Secretary

KIERAN BOWE

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

DX 31546 Kingston upon Thames

Tel: 020 8541 2041 Fax: 020 8541 2009

Email: kieran.bowe@russell-cooke.co.uk

Hon. Treasurer

CLAUDENE HOWELL

Owen White & Catlin LLP, 74 Church Road, Ashford, Middlesex TW15 2TP

T: 01784 254188

E: claudene.howell@owc.co.uk

COMMITTEE MEMBERS

NICK BALL

TWM Solicitors LLP, 65 Woodbridge Road, Guildford, Surrey GU1 4RD

Tel: 01483 752700

Email: Nick.Ball@twmsolicitors.com

CARINA BRITS

Palmers Solicitors, 89-91 Clarence Street, Kingston upon Thames, Surrey KT1 1QY

Tel: 020 8549 7444

Email: carina.brits@palmerssolicitors.co.uk

MARALYN HUTCHINSON

Kagan Moss & Co, 22 The Causeway, Teddington TW11 0HF

Tel: 020 8977 6633 Fax: 020 8977 0183

Email: maralyn.hutchinson@kaganmoss.co.uk

RACHEL PHILIP

S. Abraham Solicitors, 290A Ewell Road, Surbiton, Surrey KT6 7AQ

Tel: 020 8390 0044

Email: conveyancing@sabrahamsolicitors.co.uk

GERARD SANDERS

Hart Brown, Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX

DX 2403 Guildford 1

Tel: 01483 887704 Fax: 01483 887758

Email: gts@hartbrown.co.uk

JAMES SCOZZI

Elite Law Solicitors, 1 Fetter Lane, London EC4A 1BR

DX: 14 London Chancery Lane

Tel: 020 3440 5506 Fax: 01923 219416

Email: jscozzi@elitelawsolicitors.co.uk

LAW SOCIETY COUNCIL MEMBERS

SUSHILA ABRAHAM

S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ

Tel: 020 8390 0044

Email: office@sabrahamsolicitors.co.uk

ALASTAIR LOGAN

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

Chief Executive & Magazine Editor

HELEN OPIE

Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop’s Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830

Email: helen.opie@surreylawsociety.org.uk

SUB-COMMITTEES

CONVEYANCING & LAND LAW

Rachel Philip Carina Brits

Maralyn Hutchinson Ema Jones Martin Whitehorn

EQUALITY, DIVERSITY & INCLUSION

Emma Patel

Tom Brook Victoria Clarke

Alastair Logan Amber Matheson Emma Patel James Scozzi

FINANCE

Claudene Howell

Nick Ball Maddie Beresford Kieran Bowe Helen Opie

PRIVATE CLIENT

Kieran Bowe

Maddie Beresford Jess Buttaci

QUO VADIS

Claudene Howell Nick Ball Maddie Beresford Kieran Bowe James Scozzi

Helen Opie

SOCIAL

Madeleine Beresford Claudene Howell Daphne Robertson Gerard Sanders Helen Opie Kim Wintle

SURREY JUNIOR LAWYERS DIVISION Martin Whitehorn (Chair)

Alice Barrett

Sapphira Gold Victoria Batstone

Katrina Burrows Adele Edwards

Amber Matheson

Kate Lewis

Chloe Wallington Alexandra Milson Tabitha Lee

Kim Wintle

Sonay Erten

William Smith-Brix James Fry

Nedra Daniel

Grace Butler

Bethany Walker Seema Gill

Email: surreyjuniorlawyersdivision@gmail.com LinkedIn: https://www.linkedin.com/company/ young-surrey-lawyers Instagram: jld_surrey Twitter: @YSL_Live / @SurreyJLD

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The SQE – A Year On

This September marked one year since the introduction of the Solicitors Qualifying Exams (“SQE”) as the new route to qualification as a solicitor. It therefore seems timely to reflect on the SQE so far and I can do so with the added perspective of being amongst the first cohort to qualify this way, having gone through the first SQE 1 and SQE 2 exams.

The objectives set out for the SQE by the SRA were:

1. greater assurance of consistent, high standards at the point of admission; and

2. the development of new and diverse pathways to qualification, which are responsive to the changing legal services market and promote a diverse profession by removing artificial and unjustifiable barriers.

In terms of the examination process, the first objective is being achieved through the centralisation of the exams. Law schools examining their own students on the LPC led to reported pass rates in 2019 that ranged from 23% to 100% across 25 providers. There was some concern over the multiple-choice format of SQE 1 and the lack of elective modules. However, the first sitting of SQE 1 had an overall pass rate of 53% which, in my opinion, shows that it was sufficiently academic and did not consist of a “watered down” insight into the different areas of law examined. In my experience, the practical assessments of SQE 2 (which included client interviews, advocacy, case and matter analysis, legal research, legal writing and legal drafting) were a good reflection of the work a day one solicitor would be expected to undertake.

The downside of the centralisation of the exams has so far been the administrative issues students have experienced. Students have reported being held in queues for hours when trying to book assessments, delays on the release of results and, the most unfortunate incident so far; the students who could not take SQE 1 on the dates they had booked this summer due to IT issues at their test centre. Kaplan (the assessment organisation appointed by the SRA) clearly has work to do but has been proactive in seeking to address these issues and receive feedback to improve the process.

It remains to be seen whether the SRA’s second objective for the SQE will be fulfilled but the early indicators are concerning. Although the cost of the SQE exams themselves are cheaper than the LPC, few students would embark on the exams without a preparation course. The limited options for funding such courses have led to many students choosing a combined SQE/ LLM because of the loans available. These courses, plus the cost of the exams, are not significantly cheaper than the LPC. However, the SQE has seen new providers enter the market with cheaper courses and, if students are prepared to give these a chance, there could be significant savings.

Whilst there is no longer a requirement for a training contract (which was previously a barrier to qualification for many), the alternative format of qualifying work experience may have gone too far the other way in its flexibility. Candidates can gain qualifying work experience in up to four organisations and are required to meet a minimum of just two of the competences outlined in the Statement of Solicitor Competence. Whilst many firms and in-house organisations will ensure a high standard of qualifying work experience, it remains to be seen whether candidates who have had placements in multiple organisations (which can include pro bono legal advice clinics) will be able to ensure the same quality of training. Although the barrier to qualification of the training contract has been removed, the new system could instead lead to a more difficult NQ job market with candidates whose qualifying work experience reflects the structure of a training contract having the advantage.

The first SQE exams also showed a diversity gap with white candidates generally outperforming BAME candidates. Investigations as to the reasons behind this are ongoing, but it is of course not what the SRA had hoped for when aiming to increase diversity in the profession.

Overall, whilst the SQE is not perfect and the SRA’s objectives have not yet been achieved in full, the SRA and Kaplan will be keen to improve the route and build on what has been learnt from the first cohort of candidates. Having been through the SQE, I can reflect on a very positive experience with my course provider, a straightforward process for exam bookings and arrangements on the day and quality training at my firm. If more candidates can say the same going forward, a profession that is usually hesitant to such change will certainly be less reluctant about embracing the SQE. ■

Seema Gill Howell Jones Solicitors

Seema Gill

SLS LEGAL AWARDS 2022 THE RESULTS ARE IN!

On the 22nd September, the very best of Surrey’s legal community once again came together to celebrate the outstanding work of Surrey Law Society members, at the prestigious SLS Legal Awards, this year sponsored by Headline Sponsor Actionstep. Held for its 4th year at the Mandolay Hotel, Guildford, guests were treated to a fantastic evening of dining, celebration, entertainment and fun.

The evening began with a welcome drinks reception, sponsored by long-term SLS patron, Evelyn Partners, where guests could pose for photos in front of our fabulous balloon banner, whilst being entertained by a close-up magician. The magic continued throughout a delicious dinner, which commenced with a welcome SLS President Madeleine Beresford, as well as an introduction to her chosen charity for the year, The Samson Centre. Those in attendance were then treated to a thoroughly enjoyable after-dinner speech by our special guest speaker, barrister-turned-entertainer, Clive Anderson, who had guests in hysterics, particularly when reminiscing about his ill-fated interview with the Bee Gees. The evening also included, for the first time, a casino and jazz band after the Awards had taken

LAW FIRM OF THE YEAR

Winner: Nichols Marcy Dawson

Dawn Lawson commented: “Team NMD are absolutely delighted to have been crowned winner of the SLS Legal Awards 2022, Law Firm of the Year. The smiles on the faces of that part of the team which was able to attend speak for themselves. Given the class of competition (not to mention the David and Goliath element given the other shortlisted firms) the award reflects the determination and efforts of the entire team which has not only seen us through the toughest couple of years but enabled us to grow and excel in the most trying circumstances. To say the team came together and supported one another is an understatement. Everyone has been buoyed up by the accolade and the feedback received from clients as a result. Thank you to SLS for hosting and presenting another wonderful awards evening”.

place, where guests could enjoy drinks and music whilst trying their luck on the blackjack and roulette tables.

This year’s Awards saw 40 finalists represented across 10 categories, more than ever before, highlighting the exceptional work that SLS members have been carrying out over the past 12 months. Our shortlisters and judging panel were again faced with the impossible task of selecting the winners of each category, and the Society is extremely grateful to them for giving up their valuable time for this. They were George Coates (Guildford Chambers), Veronica Gilmour (Pennington Manches Cooper, Surrey Resolution), David Green (Edwin Coe), John Hyde (The Legal Gazette), Rita Leat (The Institute of Paralegals), John-Paul MacNamara (City Law School, 33 Beford Row), Neil Partridge (PDA Limited), Beth Quinn (The Law Society), Sarah Pooley (University of Law), Neil Rose (Legal Futures), Lubna Shuja (The Law Society) and David Steed (Law Society Council, Harold Bell Infields)

We were delighted to offer congratulations to all our very worthy finalists, but in particular to our winners and highly commended nominees, who were:

Highly Commended Nominee: Rosewood Solicitors

Law Firm of the Year: Nichol Marcy Dawson with Oliver Tromp (Actionstep).

LAWYER OF THE YEAR

Winner: Emma Patel, Rosewood Solicitors

Emma commented: “I am absolutely delighted to have won this award. Whilst this is an individual award, it is recognition of the work done not only by me but by the amazing people around me. The work we do is of upmost importance, and it is often done quietly and diligently. It is therefore vital that this wonderful work is recognised through the nomination of outstanding lawyers for such an award. I couldn’t be prouder of how we, as a team, have worked together to help our clients. I went into Law to help people and I shall continue to work hard to do so”.

DISPUTE RESOLUTION LAWYER OF THE YEAR

Winner: Scott Taylor, Moore Barlow LLP

Scott commented: “It is a privilege to be part of the Surrey Law Society Awards and this particular award reflects the hard work of all of the Dispute Resolution team at Moore Barlow. The SLS Awards showcase the standout lawyers and firms across Surrey and reflects the excellent work being performed in the region”.

EMPLOYMENT LAWYER OF THE YEAR

Winner: Abigail Maino, DMH Stallard LLP

Abigail commented: “I am delighted to have won Employment Lawyer of the Year, 2022. The Surrey Law Society Legal Awards attract a high calibre of applicants and to be recognised amongst such talent is a huge honour”.

Highly Commended Nominee: Jade Quirke, Russell-Cooke LLP

Lawyer of the Year, Emma Patel (Rosewood Solicitors) with Jovan Maric (Square Daisy).

Employment Lawyer of the Year Winner, Abigail Maino (DMH Stallard) with Julie Arnold (My New Venture).

Dispute Resolution Lawyer of the Year: Scott Taylor (Moore Barlow) with Gary Shaw (Tower Street Finance).

FAMILY LAWYER OF THE YEAR

Winner: Victoria Clarke, Elite Law Solicitors

Victoria commented: “The Surrey Law Society Awards are a fantastic opportunity to celebrate being part of the Surrey legal community. It enables us to recognise our peers for their achievements, as well as enjoy a great night out. As a winner of Family Lawyer of the Year, it gives me a great deal of pride in feeling recognised by the local community as well as giving me the opportunity to let clients know that they are putting their faith in the right person. I would encourage everyone to enter nominations and wish the future nominees of 2023 the best of luck”.

PARALEGAL OF THE YEAR

Winner: Deanna Stephenson, Russell-Cooke LLP

Deanna commented: “The whole evening was lovely from start to finish and I was extremely grateful to have received the award for Paralegal of the Year 2022. However, I must say that the highlight of my evening was when the award was announced and hearing the lovely things that were said about me and my commitment to the law and my community. I was really taken back by the extremely kind words. I think the award is a great way to encourage more individuals to become Paralegals, whether that be as a career or a stepping stone to becoming a lawyer. In a career field that is so busy and often chaotic, I think the award is a lovely way to momentarily highlight the contribution of support staff within law, who are sometimes otherwise forgotten”.

PRIVATE CLIENT LAWYER OF THE YEAR

Winner: Caroline Foulger, TWM Solicitors

Jamie Bell, Managing Partner of TWM Solicitors, commented: “This is a fantastic achievement for Caroline. This firm and our clients have known for many years the exceptional quality of Caroline’s work and her commitment to client service, and of our Private Client team which prides itself on providing a genuinely personal service for individuals and their families, advising clients on a range of complex private wealth work. I am delighted that the quality of Caroline’s expertise and advice has been recognised by the industry in winning this prestigious award”.

Highly Commended Nominee: Lauren Hall, Russell-Cooke

Family Lawyer of the Year: Victoria Clarke (Elite Law Solicitors) with Rod Milne (Evelyn Partners).

Highly Commended Nominee: Julie Man, Russell-Cooke LLP

Private Client Lawyer of the Year: Anne Fowler accepting the award on behalf of Caroline Foulger (TWM Solicitors) with Mandy Brown (LawSure Insurance).

Paralegal of the Year: Deanna Stephenson (Russell Cooke) with Suzanne Kelly (Guildford Chambers).

PROPERTY LAWYER OF THE YEAR

Winner: Charles Hylton-Potts, Peacock & Co Solicitors

Charles commented: “It feels fantastic to be awarded Property Lawyer of the Year. As well as the recognition, it will help promote both the firm’s and my personal brands”.

RISING STAR OF THE YEAR

Winner: Amber Matheson, DMH Stallard LLP

Amber commented: “I am absolutely delighted to win Rising Star of the Year and was privileged to be shortlisted amongst some fantastic budding lawyers. I have, like my fellow nominees, made great sacrifices to try and help the next generation of lawyers and have put a lot of effort into the Surrey legal community. It was great to receive recognition for my efforts and to enjoy a fantastic evening of celebrations. My parents are pretty proud too! I really encourage junior lawyers to consider the awards next year and would be happy to answer any questions directly on LinkedIn”.

SUPPORT TEAM MEMBER OF THE YEAR

Winner: Rebecca Carry, Peacock & Co Solicitors

Rebecca commented: “It was such an honour to win the award and felt so reassuring to have the recognition, not just from my peers, but the Surrey Law Society too. I would definitely recommend other people get involved and nominate their colleagues as it is a real show of appreciation to even be nominated and a really good fundraiser too”.

Property Lawyer of the Year: Charles Hylton-Potts (Peacock & Co Solicitors) with Philip Hill (Landmark Information Group).

Highly Commended Nominee: Ashley Burrow, Meadows Ryan

Support Team Member of the Year: Rebecca Carry (Peacock & Co Solicitors) with Chris Pearce (Conscious Solutions).

Highly Commended Nominee: Seema Gill, Howell-Jones LLP

Rising Star of the Year: Amber Matheson (DMH Stallard) with Richard Prynne (Chantries & Pewleys).

You can see some comments from our winners next to their pictures, which shows how welcome the nominations and subsequent awards were. To view the whole gallery of images from the event, and our Awards video, please visit the SLS Legal Awards website:

awards.surreylawsociety.org.uk

As well as the celebrations, we took the opportunity to raise money for the President’s chosen charity, the Samson Centre, a local run organisation focused on helping people with MS live the best life they can, by keeping well physically and mentally. Attendees were invited to bid on a wide range of prestigious lots in our silent auction or make donations to the charity and we are delighted to have raised over £4,000 for the Samson Centre, over double our previous highest amount, so thank you for your exceptional generosity.

The whole evening was a huge success and would not have been possible without the incredibly generous support of our sponsors and we therefore must extend our sincere thanks to:

Headline Sponsor & Sponsor of the Law Firm of the Year Award: Actionstep Drinks Reception Sponsor & Sponsor of Family Lawyer of the Year Award: Evelyn Partners

Entertainment Sponsor & Sponsor of the Lawyer of the Year Award: Square Daisy

Sponsor of the Dispute Resolution Lawyer of the Year Award: Tower Street Finance

Sponsor of the Employment Lawyer of the Year Award: My New Venture Sponsor of the Paralegal of the Year Award: Guildford Chambers

Sponsor of the Private Client Lawyer of the Year Award: LawSure Insurance

Sponsor of the Property Lawyer of the Year Award: Landmark Information

Sponsor of the Rising Star of the Year Award: Chantries & Pewleys

Sponsor of the Support Team Member of the Year Award: Conscious Solutions

We very much hope that you get involved in our 2023 Awards programme, the categories will be announced in the coming months, so be sure to start thinking about who you might like to nominate! ■

The Samson Centre for MS

Ahuge thank you to the Surrey Law Society and its constituent members for supporting Madeleine Beresford as President for her nomination of the Samson Centre for MS as her charity of the year.

The Samson Centre for MS supports people living with Multiple Sclerosis (MS). People living with MS have a range of complications which include bladder & bowel problems, balance issues, cognitive difficulties, spasms and pain. MS is non-discriminatory and affects 1 in every 600 people in the UK who live with this debilitating neurological condition.

The Samson Centre has since 2005, provided services not offered on the NHS, nor has the Centre received any government or local authority funding. The Centre relies on its own fundraising activities and donations to cover costs.

The Samson Centre provides 3,500 physiotherapy sessions, 1,000 exercise classes, over 2,500 fitness suite sessions and approximately 5,000 oxygen therapy treatments, all these interventions designed to reduce the debilitating impact of MS and to lead a more physically active, pain free and independent lifestyle.

The outstanding impact of the Samson Centre working in the community was in part recognised in receiving the Queens Award for Voluntary Service in 2018.

With support from the Surrey Law Society, we will be able to offer people in the county who are living with MS, a programme of services designed to meet their needs.

‘As a wheelchair user, coming to the Samson Centre to use the standing frame, aided by the physios, is of huge benefit to me’.

The Samson Centre for MS has a dedicated group of some 40 volunteers in the delivery of the services offered. In addition, a small team of part time staff assist in the operation.

How can you help?

Expertise in the legal requirements of the Centre’s operations is an area the Centre is always looking for support with – if you consider you may be able to assist on a free or reduced charge basis, then please contact Paul Dimmock: paul.dimmock@samsoncentre.org.uk

Likewise, if the practice you work for is able to support us as your charity of the year or donate raffle prizes for our Christmas raffle, we would love to hear from you. ■

Stevens & Bolton announces stellar year with 24% increase in revenue

Guildford-based independent UK law firm Stevens & Bolton LLP has today announced its 12th year of consecutive growth, with its financial results for 2021/2022 revealing increases in turnover, net profit and profit per equity partner (PEP).

With revenue for the financial year amounting to £36.1m, Stevens & Bolton has seen a 24% increase on last year and has posted over £14m in net profit (a 22% increase). PEP for the year (in the firm’s all-equity partnership) was £346k, a 36% rise on last year’s performance.

The results are underpinned by double digit revenue growth across eight of the firm’s practice groups, with the commercial litigation and financial restructuring & insolvency practices leading the way. The firm’s international work has also grown significantly, with international clients accounting for more than 20% of revenue.

The past year has also seen the firm announce a string of internal promotions and Partner lateral hires, adding 4 new Partners. The firm accelerated its annual pay review to May this year, resulting in a median increase in pay of 11.5% across all lawyers as well as all staff bonuses during the course of the year equivalent to 6% of salary.

Commenting on the year’s results, James Waddell, recently appointed Managing Partner at Stevens & Bolton LLP, said: “We are delighted with the sustained growth of our firm over a number of years, supporting our independent and international strategy. We will continue our focus on finding new and better ways to help deliver our clients’ objectives, while also providing a platform for our people to thrive in their careers. I would like to thank everyone at the firm for their contribution to our success.” ■

Morr & Co strengthens teams with two new partners

Morr & Co LLP are delighted to announce the addition of two new Partners, Anne McAllister who has been promoted to Partner in the Family Law team, and Kristine Ng who is joining Morr & Co as a Property Dispute Resolution Partner.

Anne McAllister, based in Morr & Co’s Wimbledon office, joined the firm in 2015 and has built a first-rate reputation as a family law solicitor. As well as dealing with the financial issues following family breakdown, Anne also has a particular expertise in dealing with complex issues surrounding arrangements for children.

Kristine Ng joined the firm on 22nd August 2022 as a Partner in the firm’s Dispute Resolution team, focussing on the full range of contentious real estate matters. Based primarily in the firm’s Redhill office, Kristine will advise both occupiers and owners on issues surrounding residential and commercial properties.

Prior to joining Morr & Co, Kristine Ng worked at DMH Stallard, and has been recognised as “One to watch” in the Chambers & Partners legal guide.

Paul Harvey, Morr & Co’s Managing Partner said “I am delighted to welcome both Anne and Kristine to the partnership. Anne has been an important member of the family team for many years now, and her promotion recognises the outstanding contribution she makes to the firm and to her team. Kristine joins us with a strong reputation in the market, and her experience and expertise make her an excellent addition to our Property Dispute Resolution team.”

Morr & Co’s family team is one of the leading family law practices in the region, with strong teams in Redhill, Wimbledon and Camberley.

The Dispute Resolution team at Morr & Co advise clients across the full spectrum of general dispute resolution, as well as having specialist teams focussed on real estate disputes, tax litigation and contentious probate. ■

Kristine Ng and Anne McAllister

James Waddell

Surrey law firm’s new partner promotions complete record-breaking year

Leading Surrey law firm, Downs Solicitors, has announced a further two promotions after reporting another successful year since pre-pandemic.

Terina Farnan and Nicola Conley became Partners in the family law department at the firm, which has offices in Dorking, Cobham and Godalming, from 1st September 2022. Terina will also become Head of the Family Law department, taking over from long-serving Andrew Christmas.

The latest promotions follow a further six in July 2022 as Victoria Evans, Charmaine Dudman and Melissa Richie became Senior Associates, and colleagues Megan Lawless, Floris Shoebridge and Lucy Whittam were promoted to Associate.

The eight new promotions are Downs Solicitors’ new record for the number of promotions in a year – and the news comes as the firm reports another busy year.

Chris Millar, Downs Solicitors’ Senior Partner said: “The COVID pandemic was a testing time for all of us, but it was our staff and partners at Downs that showed true strength and resilience, which helped us to get through to where we are now. As we come out the other side we’ve enjoyed prosperous growth as a firm and it’s been our pleasure to promote several individuals to their well-deserved new positions.

“I’d like to offer my congratulations to Nicola and Terina and wish them all the very best in their new roles.” ■

Elite Law Solicitors announces appointment of new Partner and Head of Family Law

Elite Law Solicitors has announced the appointment of Victoria Clarke as Partner and new Head of Family Law.

James Scozzi, Managing Partner of Elite Law Solicitors commented: “I am very pleased that Victoria has joined Elite. She brings with her a wealth of experience and expertise as well as a great reputation in Family Law circles. I am certain that with her at the firm we will continue to go from strength to strength. This is truly an exciting time at the firm.”

The announcement comes as Elite Law has also opened a new office in Surrey, where Victoria will be growing her family team and the presence of Elite in Surrey. This comes as Elite Law also have two of their team nominated for awards in the SLS Legal Awards, with Alasdair Poole being nominated for Paralegal of the Year and Victoria nominated for Family Lawyer of the Year.

Tagged the Crypto Divorce Lawyer, Victoria advises firms independently on how to assist their clients with digital assets. She is a leading voice in digital assets and regularly evidences her expertise by speaking on the subject through seminars, podcasts, and articles.

Since its creation in 2015, Elite Law Solicitors have been resolute in their focus to provide a fully comprehensive legal service, led by local solicitors with local expertise. The Law is an instrument that is ever changing, with the new implementation of the No Fault Divorce law, to the complexities of cohabitation for nonmarried couples, it has never been more important for clients to have access to a fully frank and accessible legal service.

The growth of Elite has been unprecedented over the last 2 years. With departments expanding at such rapid speed, it has been necessary for Elite to hire additional talent to meet its changing and evolving needs.

With a keen eye for diverse and talented individuals, Elite Law is confident it will continue to expand whilst simultaneously remaining firmly situated amongst Surrey’s recognised firms. It continues to operate under the philosophy that it is both a privilege and passion to provide proficient and personal services to all its clients. ■

Terina FarnanNicola Conley

Victoria Clarke

Stevens & Bolton announces double partner hire

Stevens & Bolton LLP has announced the appointment of two new Partner hires: Caroline DeLaney joins the real estate disputes team from Rosenblatt and Andy Williams joins the employment, pensions, and immigration team from Charles Russell Speechlys.

Caroline deals with all aspects of commercial and residential property disputes including litigation, arbitration and mediation as well as tribunal claims and Land Registry adjudications.

Caroline has significant expertise in property development work, with a particular interest in rights of light claims. Her clients comprise retailers, developers, property companies, insolvency practitioners, institutional investors and trusts, as well as highworth individuals and entrepreneurs. Caroline is an accredited civil and commercial mediator.

Andy advises on all aspects of employment law and has a particular expertise in advising large corporates on significant workplace issues, such as reorganisations, TUPE transfers and changes to terms and conditions. He also has experience of Employment Tribunal and High Court work, dealing with a broad range of contentious issues, including negotiating severance packages both on behalf of, and when acting against, senior executives. In addition, Andy brings a breadth of experience on pension matters, both contentious and non-contentious.

Commenting on the appointments, James Waddell, Managing Partner, said: “Having recently made two internal Partner promotions and two lateral hire appointments, we are delighted to have attracted two more Partners of Caroline’s and Andy’s calibre to join our all-equity partnership.

Both join established and successful teams and add to our capability to look after our clients and win new business.

They join at an exciting time for the firm and their arrival furthers our ambitious growth plans.” ■

TWM Solicitors welcomes new Managing Partner

Leading South East law firm TWM Solicitors and SLS Patron is pleased to announce the appointment of Jamie Berry as the firm’s new Managing Partner with effect from 1 August 2022, succeeding Matthew Truelove who, having served the permitted maximum 3 terms in office, now steps down following a successful 9 years in the role.

Jamie joined TWM Solicitors in 2011 and has been a Partner and Head of the Business Law team since 2012. Jamie acts for national and international clients on a wide range of corporate and commercial matters. He previously ran his own business and legal consultancy in British Columbia, Canada, and was also a Partner in a London law firm.

Commenting on his new appointment, Jamie said: “It is a great privilege to be given this opportunity to continue the great work of my previous managing partners and to be able to contribute to the next phase in the firm’s evolution. I am very excited to work with our exceptionally talented staff in growing our business further and continuing with the delivery of our first-class quality full service offering to our clients, in a cost-effective manner.

“On behalf of the firm, I would like to thank Matthew Truelove for his incredible work and commitment to the firm as the Managing Partner over the last 9 years. Matthew led the firm through some historically difficult times, not least the pandemic, from which we have emerged stronger than ever, and the firm has benefitted from his great leadership.”

Matthew Truelove, who will continue as Partner in the Commercial Property team, added, “I would like to thank my colleagues for their hard work, support and friendship during my term as Managing Partner – it has been a real pleasure and honour to have held such a privileged role for the last 9 years, and it is an equal pleasure to hand over the reins to Jamie for the years ahead. I wish him all the best for his term in office.”

Partner, David Powell, succeeds Jamie Berry as Head of the firm’s Business Law team.

Alongside these management changes, the firm is also pleased to announce 5 promotions: Simon Burdett-Dixon has been promoted to Partner in the Dispute Resolution team, Alison Jones has been promoted to Managing Associate in the Commercial Property team, and Victoria Butt has been promoted to Associate in the Commercial Property team. Blaise Joubert and Rebecca Westwood have successfully completed their training contracts with the firm and have joined as Assistant Solicitors in the Dispute Resolution team. ■

Andy Williams

Caroline DeLaney

Jamie Berry

Morr

new office in central Guildford

Morr & Co LLP are pleased to announce the opening of their new Guildford office.

The new office has opened in response to an increasing demand from clients based in and around Guildford. This move will allow the team permanently based in Guildford to provide a better service to the firm’s clients in the area.

Morr & Co has worked with clients in and around Guildford for decades from its offices across the region, and the new office will operate as a convenient hub for teams from across the firm to meet with and work with businesses and private clients.

Paul Harvey, Morr & Co’s Managing Partner said “We have been looking at opening a Guildford office for some time, having worked with commercial and private clients in and around Guildford for decades.

Earlier this year we successfully rebranded to Morr & Co, completing the integration of Morrisons Solicitors and Wheelers Solicitors, who merged in 2019. So now felt like the natural time to open an office in Guildford to help continue our growth in the region.

This step allows us to build closer relationships with our clients and contacts in Guildford, many of whom we have been working with for many years.” ■

Society

LinkedIn – Making the best use of the world’s most powerful networking tool

I’m sure the subject in question does not require any introduction – LinkedIn is almost impossible to ignore in today’s workplace and for better or worse it is here to stay.

I want to give you a quick overview on how legal professionals can best utilise this tool and give you an idea on how to make your profile look professional and provide a strong showcase for you and your firm.

1. Your Profile

This is an area that is often neglected. Some profiles I have come across may as well not exist due to the lack of detail and information! The fact is the differences between a weak profile and one that could win you a client are relatively small. Some essential points are:

■ Keep it up to date. Nothing worse than being seen as working for one firm on LinkedIn and on The Law Society at another! (It happens a lot)

■ Professional headline. Remember to include area of law and location

■ Summary section – Informative but brief summary of experience and key skills. Remember, no one is going to read streams of information here (keep the detail for the experience section and your individual roles), instead focus on being succinct and include keywords. Keywords are words like ‘commercial lawyer’ or ‘contracts’ that you can pepper throughout your profile so that when recruiters or HR managers search for candidates, those keywords will be highlighted in your profile, and you’ll rank higher in search results.

■ Ensure your profile and CV match-up!

■ Most important areas are the Summary, Experience and Education sections.

■ Profile picture. This is crucial.

2. Your Profile Photo

Again, an area that is so often neglected and can make someone highly professional and experienced look like a first year university student! This isn’t an overreaction; I have seen so many profiles of respected and senior individuals that include profile photos of them at the local pub or wearing their best Tour de France gear. Again, there are some basic rules to follow that will help you give the right impression. They may seem simple, but you’d be surprised how often they are ignored:

■ NO SELFIES – if you absolutely have no other choice, then try not to make it obvious (for instance holding it above you in typical Instagram fashion)

■ Smile – always sets the right tone and again shouldn’t be too difficult to manage!

■ Should have a clear background – certainly not in a busy area with lots going on. Find a dedicated photo space

■ Show your head and shoulders

■ NO ONE else in the picture – this includes friends, colleagues, family, pets etc. Keep that to the Instagram account.

■ No sunglasses or hat

Insight: Profiles with pictures are 11 times more likely to be viewed than those with the silhouette.

Ideal pixel size is between 200x200 to 500x500 for your image.

Make your profile even more professional by including your firm’s logo in the background photo. Or even a photo/stock image of the location you’re located in – such as London lawyers showing off The Gherkin.

3. Content

LinkedIn revolves around content. Whether this be opinionated or factual posts, surveys, Q&A’s, promotional material, memes, articles, career moves, workplace initiatives, media campaigns, the list is endless. It can be a daunting task to work out how your own posts or content will get noticed, and it is OK not to be a thought leader or a keyboard warrior. However, if you are seeking to raise your profile and start generating some interest, here are some ideas:

■ The more you use it, the more you get back – like, comment, and share relevant posts. Particularly those authored by key industry figures, or posts that are very relevant/interesting within your niche area or sector.

■ Create or share interesting content – pick a consistent time to post, whether that is on a particular day or certain times of the day. This way people will start coming to expect your posts and this increases the chance of engagement.

■ Connect with people you don’t know – just make sure they are relevant to your field.

■ Follow individuals and companies and comment on their insights and posts.

■ Join groups within your niche and engage and comment on conversations on posts and articles.

■ The golden rule – despite what you may sometimes see on LinkedIn, keep personal opinions or feelings for Facebook. This platform should always be treated as an extension of your professional self.

4. Skills and Recommendations

Reviews and ratings are crucial in today’s world. It seems that many businesses’ entire fortunes depend on having a good rating on Google or TripAdvisor or Which? – anything from a restaurant to a car garage to even a law firm understands the value of a 5-star rating. As an individual looking to win business or build a solid LinkedIn network, a few good recommendations are incredibly valuable. Again, this isn’t rocket science, you simply must ensure that you do a good job for someone and follow-up with a recommendation request. You can personalise these to get the individual to mention your work on a particular project, or perhaps highlight a certain skillset you utilised.

Remember to include your skills in the Skills & Endorsements section. Keep these tailored so that individuals visiting your profile can quickly grasp what your key skills are and understand your specialisms. Getting the right set of skills is important as you’ll want your colleagues and more importantly business acquaintances to endorse your skills. So do ensure they are accurate.

Hopefully this was a useful overview on some basic tips and areas to pay attention to when utilising LinkedIn. Do follow me for weekly legal updates and the latest job opportunities, or even just to drop me a message for a chat. Enjoy this interesting social media platform. ■

Will Webster

Consultant – Thames Valley & South East team Chadwick Nott Legal Recruitment

The Bar Strike – Striking to save our Justice System

By Alastair Logan OBE., LL.B Council Member for the Surrey Constituency

Criminal barristers in England and Wales have started an indefinite, uninterrupted strike over legal aid rates from 5 September 2022. The strike is an escalation of the protest by criminal barristers and the government. The government decides what barristers get paid when defending those who qualify for legal aid. Following government cuts between 2010 and 2014, an Independent Review of Criminal Legal Aid1 published in December 2021 concluded that “funding for criminal legal aid should be increased overall for solicitors and barristers alike as soon as possible to an annual level, in steady state, of at least 15% above present levels”. The Review found that an immediate additional £135 million a year was required to help nurse the crumbling system back to health after “years of neglect”. The review’s chair, Sir Christopher Bellamy QC, stressed there was “no scope for further delay”.

The government responded by accepting the Independent Review’s recommendation by stating that they would provide the extra £135 million a year into the criminal legal aid sector. It later announced in June that it would increase the fees by 15% at the end of September 2022. The Criminal Bar Association (CBA), however, wants a 25% pay rise from the government, arguing that with inflation at around 10% this “means that a 15% rise in fees will be more than extinguished by the time we receive it.” It says there has been an average decrease in criminal barristers’ real earnings of 28% since 2006 with average earnings from legal aid collapsing by 23% during the pandemic. In a statement the CBA said: “94.34% of the 1,908 members who cast their votes have made it absolutely clear that they are not willing to be led by a government timetable that brings no prospect of a settlement until the end of September. They have already waited too long. Through our labour and our goodwill, we have sustained a chronically underfunded criminal justice system on behalf of the public while suffering substantial reductions in our real incomes and exhausted by the hugely increased demands placed upon us, often for little or no reward.”

The Commons Public Accounts Committee in 2016 said: “The Criminal Justice system is close to breaking point … Resource pressures mean that costs are being shunted from one part of the system to another and the system suffers from too many delays and inefficiencies. There is insufficient focus on victims … The system is already overstretched, and we consider that the Ministry of Justice has exhausted the scope to make more cuts without further detriment.” We are more than six years on from that Report and the criminal justice system is now broken. Broken by more than a decade of cuts to every part of the

process from police investigations to the Crown Prosecution Service, from probation to prisons, from courts to legal aid. It was further damaged by the pandemic. Its recovery is vitally affected by the number of courts that the Ministry of Justice has closed. The digital world, on which we all came to rely much more because of the pandemic, has made crime more complex than ever and it is clear that the police are ineffective in dealing with such crime as well as being ineffective in dealing with crime generally. That, too, owes much of its cause to the attrition of cuts to policing.

Another consequence of the attrition on the criminal justice system is that morale across the entire system is at an all-time low. Judges, defence solicitors, Crown prosecutors, court staff, police, probation and prison officers and barristers working in the criminal justice system are all exhausted. In increasing numbers people have quit the criminal justice system and there are now chronic shortages of defence solicitors, prison officers, police and barristers. There is now a dangerous shortfall of lawyers with specialist skills to prosecute and defend in serious cases. And the number of trained personnel providing advice and representation to people in custody has reached levels where there are deserts in parts of the country and where the age profile demonstrates that there are no new entrants.

As the CBA said: “We have already lost too many of our colleagues who can no longer afford to maintain their commitment to criminal work and who have left our ranks out of desperation and despair. Every day we are losing more. We have shrunk to a mere 2,400 full time criminal barristers. The future viability and diversity of the criminal bar is already imperilled. It is a recognition of the scale of this crisis that has driven so many of you to vote in favour of action.”

Industrial action was first taken in April 2022 when criminal barristers stopped accepting “returns” – where a barrister will accept the Brief for another barrister who cannot attend court and represent the client. At the time, the Justice Secretary (and Lord Chancellor) Raab labelled this decision by the CBA “unnecessary and irresponsible”, and “holding justice to ransom” linking barristers’ strike action to court delays. He claimed: “The next phase is about systemic reform and the outcomes for the people of this country, not simply the pay of one or other group of lawyers. Bringing forward early consideration of certain individual elements such as remuneration for barristers, as suggested by the CBA, would risk neglecting those others who make a valuable contribution –including solicitors and legal executives”. 2

Alastair Logan

Barristers then staged a series of escalating walkouts for four weeks from 27 June 2022 because their demands had not been met. These strikes were marred by allegations that Raab had requested the names of striking criminal barristers to be provided to the Ministry of Justice (MoJ) following reports by the Law Gazette 3 that Crown court clerks had been asked to record daily data regarding non-attendance including those who did not attend court owing to strike action. When challenged the MoJ denied that this had happened, but emails provided to the CBA confirmed that Raab had made a request for names to be collected which must have been for the purpose of taking action against identified barristers on strike. The matter has now been referred to the Information Commissioner.

In response to the reports, the then chair of CBA, Jo Sidhu QC said: “Members were understandably concerned to hear reports that the Ministry of Justice had instructed court staff to name all barristers who do not attend court hearings because they are participating in the CBA’s days of action, involving criminal defence advocates. The CBA takes these reports extremely seriously. We have taken advice from solicitors and specialist counsel to consider whether this amounts to unlawful processing of personal data.”

Commenting on the strikes, Kirsty Brimelow QC, who on 1 September took up her role as chair of the CBA, said: “Barristers have stopped soldiering on through downtrodden courts.” She called for “proper investment in barristers who deliver the justice”, adding “this is not a ‘world-class justice system’, as set out as the vision of the Ministry of Justice. It is not even a functioning justice system.”

Justice Minister Sarah Dines has described the indefinite walkout as “an irresponsible decision that will only see more victims face further delays and distress”. The MoJ maintains that an increase beyond the proposed 15% will “cost a disproportionate amount of taxpayers’ money”.

There is a build-up of distrust between both sides and no sign of agreement. Criminal barristers, who had before this year only staged a day-and-a-half walkout back in 2014, are now at the beginning of an indefinite, uninterrupted strike. There is a new Lord Chancellor, and it remains to be seen whether he will adopt a different attitude to his predecessor. Will he accept that all this is not just about pay, but also about the current state of the criminal justice system and the future of the criminal bar and solicitors providing advice and representation in criminal matters? Will he accept that the actions of the government in starving the criminal justice system of funding, adequate legal aid rates and resources has had a wider impact than they have so far admitted? Will he accept that defendants, witnesses and victims have been denied justice? Will he accept that confidence in the government’s handling of the situation is at an all-time low and raises serious concerns about the government that claims the title of the “law and order party”? Or will he, like his predecessor and other senior members of the government, choose to abuse and denigrate lawyers and characterise their actions in trying to prevent the destruction of the criminal justice system as the actions of “Lefty lawyers”? The criticism of lawyers is too often a criticism of what lawyers enable: the limitation of government through the application of law. When government ministers denigrate lawyers, their real target is the rule of law. As Fiona de Londras, Professor of Global Legal Studies, Birmingham Law School, University of Birmingham said: “Given this broader context, the home secretary and prime minister’s attacks on “lefty human rights lawyers and other dogooders” are more than mere rhetorical flourishes in conference speeches to the party faithful. They tell us something about how

this government sees the law and the ability of people to avail of legal processes to restrain government action.”4

The anonymous best-selling author the Secret Barrister explains: “It is not just about pay. It is about so, so much more. The criminal justice system has been devastated by years of cuts and chronic underfunding. Every part of the system has been slashed to the bone.”

And in a Tweet, he said the Justice Secretary was himself “holding justice to ransom” by: “stripping the criminal justice system of funding, forcing criminal barristers out of the profession they love with unsustainable pay and conditions, and deliberately increasing delays for those affected by crime.”

He proposed seven steps to be taken to reform the criminal justice system 5. They were:

■ Reform of the bail system and the practice of releasing suspects under investigation sometimes for years while police investigations dragged on resulting in many potentially dangerous suspects being bailed with no conditions;

■ Rebuild the Courts. Between 2010 and 2020, the government closed or sold more than half of court buildings. This wrecked the tradition of rooting justice in the community, forcing victims, witnesses and defendants to travel for hours to their nearest court centre. It also contributed to a growing case backlog that is now at record levels.

■ Then Open the Courts. Once we have courts, let them hear cases. For years, the government restricted the number of days each year that courtrooms opened (so-called “court sitting days”), to save trivial sums on court staff. This led to the absurdity of judges sitting at home and courtrooms sitting empty, while trials were delayed due to a supposed “lack of court time” to hear them. It was this policy that caused the backlog.

■ Right to a timely trial. After years of delay at the investigative stage, the people involved can expect a further wait of six to 18 months for a crown court trial. When that day arrives, there is no guarantee it will go ahead — all too often, victims and witnesses will be told no courtroom is available, and the trial will be put off for another year. And then potentially again when the next date comes around. I have cases from 2018 still awaiting trial.

■ Acknowledge the innocent. For years our politicians have encouraged a conception of criminal justice as a production line: of the police arresting a guilty person, the courts convicting and a judge passing a sentence. The notion that an accused person might be innocent has been lost. An acquittal is seized upon as evidence of systemic failing, rather than a sign of justice working. As a result, the system penalises those who are acquitted. Not only is there no redress for the time spent in custody or on bail awaiting trial, but for defendants who are not eligible for legal aid, the state will refuse to pay their legal costs even when they are acquitted. It is a tax on the innocent.

■ Invest in our future. Junior criminal lawyers today are the senior criminal judges of tomorrow. And we are losing them. Appalling pay and conditions are forcing junior solicitors and barristers out of the profession. A dearth of young criminal solicitors is creating a “demographic timebomb” and pushing up the average age of the profession. Criminal legal aid firms have nearly halved since 2010, and swathes of the country are “legal aid deserts”, with no specialist legal aid solicitors available. 

Three key consequences of this fallout are increasing court backlogs in England and Wales, which at the end of June stood at 58,973 outstanding cases, and a brain-drain from the criminal bar in the wake of record pay rises in corporate law firms. Many outstanding cases have been awaiting trial for a year or more, now more than 27% and up from 25% in Q4 2021 and 21% in Q1 2021.

Criminal silk Chris Daw QC expressed his frustration on Twitter: “I don’t think the government realises that the barrister strike is not really a strike at all. For most junior criminal barristers it is the end of the line. They just can’t survive on legal aid rates. So, they will just leave and do something else.”

Without access to legal aid, justice is meaningless. Unsustainable levels of legal aid rates can push new lawyers who can have up to £100,000 worth of student debt while existing on minimum wage salaries, out of working in the criminal justice system. The CBA says income is fallen by nearly 30% over the past two decades and specialist criminal barristers make an average annual income after expenses of £12,200 in the first three years of practice. Barristers are being paid less than the minimum wage for court hearings when travel and hours spent preparing the case are factored in and are not paid at all when hearings are cancelled. In a Leader The Times stated: “Strikes are disruptive and sectional, and rarely serve the public interest. The barristers’ vote to stop work is a rare exception that merits support. The criminal justice system has been run down so far in the past decade and the government has proved unresponsive to reasoned argument that strike action is a legitimate last resort.” It went on: “the result is that the legal aid budget has been cut nearly in half over a decade. Civil legal aid is no longer on offer in many cases. Even when it is still in theory available, such as for women suffering domestic abuse, applicants struggle to find a lawyer because so many have given up legal aid work. The criminal justice system is in crisis.” And it might have added “and so is the legal aid system.”

It is the government’s complete failure to acknowledge the effect of their actions in starving the justice system of funds and resources that results in them failing to acknowledge that innocent people may spend years awaiting trial with an accusation hanging over them, unable to clear their names. Guilty people are stuck in limbo unable to move on or access rehabilitative facilities that change behaviour. Victims will not get justice. Witnesses will walk away. Skills will be lost. Judges will be harder to find with the necessary expertise. And even if the government were to extend legal aid and enable people to earn a reasonable living by working in the justice system it will be a long time before we could be back in the position we were in 2010.

“There have been many studies into the impact of austerity politics and the devastation wreaked in its name. However, the tricky topic of access to justice and, in particular, the 2013 legal aid cuts, has been often overlooked. The legal aid scheme was pared to the bone as a result of what are known as the LASPO cuts (as in the Legal Aid, Sentencing and Punishment of Offenders Act 2012). The coalition government’s flagship legislation was predicated on one idea: to cut £350 million a year from a total £2.1 billion budget. That was achieved by removing public funding for social welfare law advice: employment, family law (unless there is evidence of domestic violence), housing (except where there is a risk of homelessness), immigration and asylum, and welfare benefits. Such swingeing cuts took place as the coalition government imposed its austerity policies on the UK.

At the time, LASPO represented the biggest retrenchment of the legal aid scheme since it was introduced as part of the welfare state. All that remains is what couldn’t be removed because of the modest protections afforded by the European Convention on Human Rights. The 2013 cuts therefore represent the death of an idea: the final severing of the link between legal aid and the welfare state. Nevertheless, commentators often understand the legal aid crisis as being exclusively about our ‘broken’ criminal justice system and many all too often dismiss legitimate concerns as the special pleadings of ‘fat cat’ lawyers ‘riding the gravy train’. Yet defence lawyers have not had a pay rise for over two decades – and even had an 8.75% fee cut foisted on them in 2014.”6

Lubna Shuja, the Vice President of the Law Society said: “Solicitors share barristers concerns about the collapsing criminal justice system. Solicitors are experiencing the same squeeze as barristers but many are limited in the action they can take by their professional obligations to their clients and their legal aid contracts. Whilst barristers vote to escalate their direct action solicitors continued to vote with their feet by leaving the profession altogether. Many see no future in criminal defence work following the MoJ’s failure to fully implement Lord Bellamy QC’s recommended minimum fee increases. The number of solicitors and firms doing criminal legal aid work continues to fall at a time when the criminal defence profession is needed more than ever to tackle the huge backlog of cases.

“Meanwhile lawyer duty solicitor schemes in places are collapsing meaning that people who are arrested may be unable to get advice in the police station that they are legally entitled to have. This would have serious adverse consequences for the fairness of any subsequent trial if they are charged. Our members are not striking but leaving altogether and action is needed now before it is too late to turn the tide of solicitors and firms leaving criminal defence work”

The Law Society has stated that the proposed reform for fee increases in magistrates court and police station work set to be at the rate of 15% actually amount to a 9% increase across the board when taking into account all areas of criminal legal aid. And that was without the impact of the rise in the cost of living.

The Conservative party has been in power since 2010 and the situation we currently face is entirely of their making. And it is not as if they have not had all the information and advice, they needed to enable them to step in and alter course to avoid the current crisis. Perhaps that will change with the new Lord Chancellor? Perhaps – but I wouldn’t hold my breath. ■

1. https://www.gov.uk/government/groups/independent-reviewof-criminal-legal-aid

2. https://www.thetimes.co.uk/article/criminal-barristers-mustbe-patient-for-legal-aid-reform-q5qwd3vgl

3. https://www.lawgazette.co.uk/news/court-staff-asked-toreport-strikers-data-for-raab/5112934.article

4. https://uk.news.yahoo.com/government-ministers-denigratelawyers-real-131835257.html?guccounter=1&guce_ referrer=aHR0cHM6Ly93d3cuZ29v

5. https://www.thetimes.co.uk/article/the-secret-barrister-thelaws-broken-heres-how-to-fix-it-tsqtxrtt0

6. https://blogs.lse.ac.uk/politicsandpolicy/justice-systemausterity/

How to go paperless in your law firm

storage system, such as Dropbox or OneDrive, can be used for storage. Alternatively, consider a practice management software (such as Clio’s which has in-built cloud storage) to store all client details where it can be accessed in just a few clicks.

1. Onboard clients digitally

The simplest way to reduce your paper use is to stop creating new paper files and documentation. One way to achieve that is to move from a paper-based client system to a digital one.

With technology, you can reduce a lot of paper from the intake and onboarding process: client details can be stored in a spreadsheet or in an online folder. Documents can be emailed and sent for e-signature. Moving to a client relationship management (CRM) platform for lawyers, such as Clio Grow, can offer even more paperless benefits. CRMs and practice management software allow you to set up paperless agreements, intake forms, billing, and e-signatures, for example.

2. Convert your existing files

Unless you are a brand-new law firm, chances are good that you have at least some (or many) paper files and documents stored in your office or in use now. This is where a quality digital scanner will come in handy. Start with the documents you need immediately and work backwards when digitising. A cloud-based

Be sure to shred documents that are no longer required and take your time to clear the back log – it should be a marathon and not a sprint.

3. Adopt clear processes

If you want a paperless system to stick, it is imperative that you outline that system in writing. This should answer questions, such as:

 What should be done with paper files dropped off by clients?

 How are files named and organised on your cloud storage server?

 Who is responsible for making sure this all gets done?

Going paperless can help your law firm to lower overheads, collaborate more easily with colleagues and clients, and positively impact the environment. For more details on how your firm can go paperless – included detailed steps for organising your digital files, dealing with your existing paper files, and staff training – check out Clio’s free guide.

Download “The Green Law Firm: A Lawyer’s Guide to a Paperless Office” at clio.com/uk/greensurrey 

Silver decoration for Quill’s software in ILFM’s 2022 awards

L

aw firm professionals have spoken out about their legal accounts software, earning Manchester-headquartered cashiering experts Quill the esteemed accolade of ‘ILFM Law Firm Software Users Silver Award 2022’.

In its 16th year, the Institute of Legal Finance & Management (ILFM) once again invited its 2,000-strong membership to feed back on how their legal accounts system helps day-to-day performance.

Legal cashiers, practice managers, compliance officers, senior partners and sole practitioners answered a series of softwarerelated questions, honestly and confidentially, on topics spanning compliance and efficiency features to supplier support and third-party integrations. Impartially, the ILFM then selected its podium winners based on results.

Tom Wormald, Quill’s Managing Director, comments: “Everyone at Quill is delighted to retain our ‘silver’ status for 2022. Being based totally on the views of actual software users, it’s reallife evidence that our software development focus is worth the continued concerted effort and ongoing financial commitment.

“From an accounting perspective, there have been many notable enhancements and additions in recent times. To quote just a few examples, our software now hosts bank account and soft code verification, an online payment portal and two-factor authentication, all designed to strengthen financial security, accelerate cash flow and protect client monies. There’s nothing more important to heavily regulated law firms than that.”

For more information on Quill’s legal accounts software, please visit: www.quill.co.uk/legal-software/legal-accountssoftware. 

Seeking to go paperless in your office? These three steps can get you started today.

Leap appoints Gareth Walker as UK CEO

– Gareth discusses the opportunities and challenges involved in his first six months, leading Leap UK

Leap, the largest independent provider of software to law firms worldwide, has recently appointed Gareth Walker as CEO of Leap in the UK and Ireland. Previously Chief Operating Officer of Leap for five years, Gareth has extensive experience of the Leap business and the industry. He has worked in legal software for over 15 years and has been with Leap since they opened their first office in Twickenham, London. He has seen the business grow from the inside and has experienced first-hand the market changes over the years.

Gareth’s first months as CEO have come at a turbulent time for the profession. Law firms are juggling the challenges of hybrid working and retaining and attracting talent in a competitive recruitment market. All this whilst maintaining an affordable yet profitable service. Gareth is, however, very positive about the future for the law firms Leap serves.

Gareth comments: “The current business challenges faced by law firms, such as the scarcity of talent in the market, the rise in global costs and the need to adapt successfully to hybrid working are very much supported by Leap solutions. By automating daily tasks, improving cash flow and mitigating risk, Leap enables law firms to be more profitable and productive without the need for more staff or impacting customer standards. Using the right technology partner will support law firms to future-proof their practice, counter the effects of inflation and help to grow the business.”

He adds, “Law firms are incredibly resilient through tough times. When things are tough, law firms need to embrace software even more. This enables them to continue delivering the same level of services with lower overheads as well as using less people. For us this means driving innovation in everything we do. We are passionate about how we do that.”

In terms of the business landscape, the market and the importance of technology, Gareth has seen some key changes in his time at Leap and notes important constants. “I’ve been with Leap since we arrived in the UK in December 2013 and it has been an incredible journey. There have been many changes.”

Gareth shares the following thoughts and observations as CEO:-

On the business landscape, the market and the importance of technology and of constantly innovating: In terms of the business landscape, we are faced with global political, economic and societal challenges caused by the war in Ukraine and Covid, however we’re continuing to grow rapidly. Law firms are resilient in tough times and turn to software to provide solutions to business challenges. There is an understanding that you’ve got to continue to drive and improve to survive and thrive in a challenging business climate.

Effective use of cloud-based technology provides solutions to current business challenges, facilitating vital remote and hybrid working practices for law firms and reducing the headcount needs, overcoming the current skills gap caused by a scarcity of talent.

We have seen amazing advancements in the technology available in the market, and Leap has been a clear driver in that. The technology now available to law firms is just incredible. There are new players and innovations emerging constantly.

It’s well known in the industry that we invest every year in the innovation of what is already the most widely used product in the market. There are always opportunities, and these will come from continuing to drive development. We drive innovation in terms of investing in our products and innovation in our services, thinking about new ways that we can help our clients. Our customer success team constantly questions how we can improve.

On the changes, opportunities and challenges facing law firms and the importance of a partnership approach: Law firms’ adoption of technology has developed significantly in the last 15 years. The firms have a lot more knowledge when they go out to market now. The options are numerous, but law firms know there is more guidance available.

Many years ago law firms would reluctantly accept the use of technology, now they want to embrace it. That’s probably one of the biggest things I’ve seen. This makes the onboarding process easier, however customers are quite rightly more demanding of their technology partners. The relationship is not just as a supplier but as a partner now and therefore the role of our Leap Practice Productivity Advisors is so crucial.

The Leap partnership approach and the development and evolution of Leap Practice Productivity Advisors is critical to ongoing success. If we understand our law firms and their business processes and what they’re trying to achieve, then we can train their people in the right way. Once trained, we help them manage their staff training and processes. Our customer service plays a key role in this. It’s not just training individuals, it’s working with a law firm, top down, to help them embed those processes and skills and being able to do that in a remote working setting. We proactively want to spend time with our customers to see how they are using the software and suggest how to adapt business processes for maximum effect. We are a very proactive business. Ultimately, it’s about supporting law firms to use technology to mitigate challenges and achieve business success.

On the Leap innovation ethos and future proofing for ongoing success: Innovation for us is a state of mind. We really have an evolution ethos here. We continually strive to be the best. The moment you stand still and you stop, you fall behind. And for us, it is about continually driving improvement in every single area of the business and every single aspect of what we do. We have a day one mentality. Today is day one. What do we know today? And what do we do to move forward? That’s something we drive a lot, and our business structures are fully designed around making sure that we do that.

Gareth is confident of the continued success of Leap and of the law firms that Leap serves.

“We will survive and thrive because of our problem-solving approach. Our focus on technology development and our partnership approach to working with law firms helps future proof Leap and the businesses we serve, ensuring continued evolution, relevance and value in an ever-changing world.”

About Leap

Leap Legal Software has been helping small to mid-sized law firms to become more efficient and profitable globally for more than 25 years. www.Leap.co.uk 

International Black History Month UK

What is Black History Month UK?

Black History Month UK began in October 1987 by Akyaaba Sebo, a special projects coordinator of the Ethnic Minorities Unit at the now defunct Great London Council. He wanted to boost the self-esteem of Black British children and young adults by educating them on the long history and achievements of Black people living in the UK.

Taking inspiration from Black History Month (also known as African American History Month) in the United States. The first event was held on 1 October 1987 at County Hall and was attended by American historian Dr. Maulana Karenga, who founded the African American holiday of Kwanzaa; and Kenyan women’s activist Wanjiru Kihoro. It has since evolved into a national movement recognised by the British government and observed throughout the UK. It is also recognised in other parts of the world during October in Ireland and the Netherlands. In the US, where Black History Month originated, the awareness month is held in February. It is also celebrated in Canada in February too when it was officially recognised in 1995.

Since the 1990s, the significance of Black History Month has gradually increased throughout continental Europe and it is now observed in Germany, Belgium, and Italy in February.

What are the origins of Black History Month?

In 1926, African-American historian Carter G Woodson started national Negro History Week to advocate for the inclusion of American Black History in the US national public education system. Over time, and with the momentum and support of the Civil Rights Movement in the 1960s, the week gradually morphed into the month it is today. In 1976, US Black History Month (or African American Month as it’s now regularly referred to) was officially recognised by President Gerald Ford.

Why is it celebrated at different times across the globe?

After visiting America in the 1970s, Addai-Sebo created a British version of Black History Month in 1987, but they are not officially linked. In the United States, Black History Month takes place in February to coincide with the births of Frederick Douglass and Abraham Lincoln. Addai-Sebo choose to celebrate Black History Month UK in October because of the month’s importance in the African calendar. More importantly, it was around the start of the British academic year.

Why should we separate Black History Month celebrations in the US and UK?

When Black History Month UK started in the UK, there was a big emphasis on African American history. Over time the focus has moved to celebrating and recognising Black British history and key Black figures in the UK.

It’s important also that we focus only on British Black history as the Black British community is a composite of peoples with different cultures and identities. Some individuals with a lineage beginning long before the Windrush generation and others with distinct and very different cultures rooted in the African and Caribbean continents.

October marked Black History Month UK – a time to celebrate and remember African and Caribbean heritage peoples’ achievements and contributions to the British economy, culture, and history. It’s a chance to tell the stories of those less well-known Black Britons who can be forgotten if they are not showcased. Here, IBHM (International Black History Month) explains the history behind Black History Month UK and how it is celebrated.

Why do we celebrate Black History Month UK 2022?

Following the anti-racism protests that swept the globe in 2020, there was a step-change in how racism was addressed by individuals and organisations. Honest dialogues were opened, however, contentious, over Britain’s colonial past, and diversity and inclusion became a key component of corporate policy, however performative the action. Change is happening but there is still a long way to go. 

As our stories enter the mainstream and UK Black history, is rightly seen as just British history. We must ensure that the stories of our lesser-known Black Britons are not forgotten and that the authenticity of those stories is not lost, and are told in their own words.

[UK] Black history is a series of missing chapters from British history’ said David Olusoga, historian, and we must be involved in the telling of these stories.

Black History Month exists to tell these stories in our own voices. It’s our chance to shine a light on individuals who aren’t featured in the mainstream and whose contributions would be forgotten without Black History Month UK. It’s a time to celebrate Black Britons who are making history now too.

It also provides us with a space to tackle racial discrimination head-on within our society by encouraging government, institutions, and corporations to advocate for diversity, equality, and inclusion.

Do we really need Black History Month UK?

Some campaigners argue against the existence and usefulness of the month as they believe it marginalises UK Black history and that it should, rightly, be remembered all year round. Organisations such as The Black Curriculum are working hard to address the lack of Black British history in the UK curriculum through campaigning, training teachers, and delivering Black history programmes. But Black History Month UK, like many other national and international events, provides us with an opportunity to remember individuals and events that might never be included in a racially inclusive national curriculum and would remain forgotten to the annals of time.

What are the aims of Black History Month in the UK?

Celebrate and recognise the achievements of African and Caribbean heritage people’s role in helping to shape UK culture, history, and economic development.

Educating the UK population on how the relationships between Britain, Africa, the Caribbean, and the United States helped create modern Britain.

To encourage government, institutions, and corporations to embrace and adopt equality and diversity policies.

How should business corporations recognise the month moving forward?

We encourage business corporations to provide a safe space for all individuals who wish to commemorate Black History Month UK in which stories can be shared – personal experiences and/ or inspiring stories. But to also remember that not everybody may want to be involved in your Black History Month UK planning simply because of their ethnic background. Such assumptions place the burden of responsibility on them, and if they’re a visible minority in your workplace, they might feel tokenized about their role in your workplace. Remember, for best results, you should be recognising all your employees, all year round!

Companies are also advised to run a DEI (diversity, equality, and inclusion) audit of their business. Surveys make it easier to understand the current state of DEI at your company, pinpoint focus areas, and run intersectional analyses that can guide companies towards meaningful action. ■

The Law Society’s Diversity & Inclusion Framework

The Law Society have launched a new Diversity and Inclusion Framework to serve as a roadmap for workplaces to develop and deliver a strategic approach to D&I.

Figures released from their Annual Statistics Report 2021 found that while there has been some improvement with increasing diversity in the legal profession, there’s still work to be done. Solicitors from Black, Asian and minority ethnic backgrounds reached 18%, while Black, Asian and minority ethnic solicitors working in private practice increased by 6%. However, nearly a third of sole practitioners are from Black, Asian and minority ethnic backgrounds. These solicitors often make the move to sole practice due to barriers to progression to senior levels at larger law firms.

The aim of the Law Society’s framework is to guide individuals and firms through three steps to deliver a strategic approach and action plan, which are shown below. They have included an action plan template, as well as links to additional guidance and resources for more detailed help. If you are already taking action, it will help you review and identify any gaps or areas for ongoing purpose.

Step 1 – establish purpose

Establishing your purpose for advancing diversity and inclusion (D&I) is a crucial step. You will need to continually refer to this as you communicate, review and refine your D&I strategy and actions.

Step 2 – develop a plan

Having purpose for diversity and inclusion (D&I) on its own does not automatically ensure benefits for your firm. Purpose needs to be followed by good and robust actions.

Step 3 – ensure performance

Your diversity and inclusion (D&I) initiatives need good governance, transparency and recognition to ensure they are effectively implemented, regularly monitored, learning is applied and improvement happens.

The Law Society are also keen to share examples of best practice that have actually worked. If you are interested in submitting a D&I impact story to be featured on the TLS website please visit: https://email.lawsociety.org.uk/ s/3d6debdf8bee860c1e6126 54829b1e251f16674e

To learn more about the Framework, please visit: www.lawsociety.org.uk/topics/diversity-andinclusion-framework/ ■

Surrey Junior Lawyers Division Report

With Hallowe’en around we thought an Addams Family parody song was in order:

We’re friendly and we’re homely, Solicitors not only, We’re here to help you solely, We’re Surrey JLD!

CILEX, the Bar, SQE, Paralegals, CLC, We want to make you happy, We’re Surrey JLD!

So, when the pressures pour on, The group that you can call on, As we head through the autumn, We’re Surrey JLD!

What’s been going on

SJLD held what we hope to be our first quarterly in-person networking event on 30 June. The event involved drinks and a huge spread at All Bar One in Guildford, generously sponsored by Pump Court Chambers.

In July we were glad to have Donna Smith give a Burn Brighter Masterclass. Many in law will appreciate what she said about how daily legal life can sap away at you and that it is effective to make changes in your life to conserve and recharge your energy reserves. In Donna’s words: “This is not about asking you to work less hard, you are in the legal profession, you are not afraid of hard work. This is about you being more productive when you consider yourself important too”.

SJLD also attended the Surrey in Pride parade on 27 August 2022 in collaboration with Surrey Law Society, to show our support for the LGBTQ+ community. This is an event we are looking to support annually so look out for signups next year.

We were also very pleased that we had five committee members all nominated for Rising Star of the Year at Surrey Law Society’s 2022 Legal Awards, namely Seema Gill, Tabitha Lee, Amber Matheson, Bethany Walker and Chloe Wallington. ■

Common misconceptions about joining Surrey JLD

‘Only junior solicitors can be members’ While some local JLD groups might only admit solicitors, that is not the case with us. In short, if you’re part of the junior legal community you’re a member. That includes whether you’re a student, graduate, paralegal, legal executive, conveyancer, costs lawyer, trainee solicitor, solicitor apprentice, solicitor of up to 5 years’ PQE, pupil barrister, junior barrister of up to 5 years’ practice or otherwise trying to progress into and through the early stages of law.

‘I need to both live and work in Surrey to be a member’ Not so. We welcome those who live and/or work in and around Surrey. Some of our committee members live and/or work in Hampshire, East Sussex and South London and we have had junior lawyers attend our events from Berkshire, Devon and London, so don’t feel you are excluded.

‘I need to pay a membership fee to participate’

Unlike other JLDs we do not charge a membership fee. So far all of our virtual events have been free of charge, while in-person events are subsidised by sponsorship, meaning you pay a nominal amount to attend. ■

Time to look at the “big picture”

DISCOVERING THE EMOTIONAL BENEFITS OF FINANCIAL ADVICE

No two individuals share the same goals or ambitions. Each person is unique, with their own needs, targets and budgets. So when it comes to managing your money, building wealth, securing your future and, above all else, drawing up an effective plan for fulfilling your investment objectives, professional financial advice should be tailored to your unique specific needs.

FEELING LESS ANXIOUS

Having access to financial advice is strongly linked to feeling more secure and less anxious about money. According to the survey, around 3 in 5 people who have received financial advice report that they feel financially more secure and stable, compared with under half of those who have not received any advice.

Only 1 in 3 people who have received financial advice report feeling anxious about their household finances, compared with over 40% of those who haven’t.

FEELING MORE CONFIDENT

One of the key practical benefits of financial advice is that it gives you access to expertise on topics that are complex. This provides you with more confidence and increased peace of mind. People who have received financial advice report feeling three times more confident about their understanding of financial matters and products than those who haven’t.

For example, areas that some people find confusing concern retirement planning and understanding their life insurance and critical illness options. Among those who have not received advice, around 1 in 4 people say they would not know where to start when it comes to the different options available to them. Among those who received advice, that number is fewer than 1 in 12.

FEELING ABLE TO COPE IN A CRISIS

The COVID-19 pandemic has left many people feeling less stable in their financial situation. 35% of those who have not received financial advice report feeling anxious about their finances, while 65% see the value in being more prepared for unpredictable events in life.

Financial advice helps you prepare, plan and navigate any future shocks or crisis. And while you can experience the benefits of advice after just one meeting, it’s essential to receive ongoing advice over the long term as your situation and life goals change. This means your adviser gets to know you and

your background, and can help you adjust to whatever life has in store. Those people who have an ongoing relationship and receive regular financial advice are twice as likely to report feeling in control of their finances as people who do not. ■

Steven Vallery Managing Director S4 Financial Limited hello@s4financial.co.uk

Steven Vallery

Council Member’s Report

The following are some of the many and varied activities of the Society’s work reported and discussed by Council:

Ukraine Response: The Society has communicated with and supported legal colleagues in Ukraine, in addition to advising Government and members on the form and implementation of effective sanctions measures in respect of Russia.

Afghanistan: The President also drew attention to the situation facing judges and lawyers in Afghanistan. The Society has worked to help secure resettlement in the UK for members of the profession and their families whose safety was under threat.

Human Rights and Immigration: Most recently, there has been significant publicity around legal responses to the UK government’s agreement with Rwanda as regards asylum seekers. The President emphasised that individuals faced with removal from the UK should have access to, and legal support through, all due legal processes.

SLAPPs and reputation of the profession: Since Russia’s invasion of Ukraine in February, there has been a marked uptick in criticism of lawyers. The negative perception of the legal profession seems to have been driven by news/politics and denigration of lawyers by Boris Johnson, Priti Patel, Dominic Raab and others. The controversy about SLAPPs has raised ethical issues and there has been a response from the SRA (www.sra.org.uk/solicitors/guidance/conduct-disputes/ ) on this. The Society’s principled position, which has been widely circulated and communicated, remains that it is the job of solicitors to represent their clients, whoever they may be. This is how the public can be confident they live in a country that respects the Rule of Law. The Society is developing a strategy that engages positively with Government reform processes on specific issues such as SLAPPs and which supports our members. The Society will be actively engaging in further dialogue with our members and stakeholders, about the ethical challenges of operating in today’s environment.

Solicitors Indemnity Fund: Following an extensive and wellcoordinated TLS campaign in favour of retaining SIF with the support of a profession-wide levy, the SRA is now seeking to defer the closure of the SIF for a year (to the end of September 2023). The Society is engaging closely with the SRA in order to influence its deliberations on the future of SIF over the coming months.

Criminal Legal Aid: Since the Government published its response to the Independent Review of Criminal Legal Aid (CLAIR), the Society has engaged closely with MPs and Ministers to highlight our concerns about the shortfall in the Government’s proposed package for solicitors. There have been numerous press reports issued making the position of the Profession clear on this issue. The President gave evidence to the Justice Select Committee, outlining the crisis facing criminal defence practitioners and firms and calling for the Government to meet the recommendations of CLAIR. It continues to maintain pressure on this issue.

Judicial Review: The Law Society achieved a major influencing success on the Judicial Review and Courts Bill by persuading the Government to drop a statutory presumption that would have directed judges to use particular remedies in judicial review cases. This success was the culmination of nearly two

By Alastair Logan OBE., LL.B

years of lobbying, encompassing engagement with government officials, key parliamentarians and the Public Bill Committee as well as wide dissemination in the media.

International market access: The Society is working on trade policy in relation to Australia, the Gulf Cooperation Council, Israel, Canada, Mexico and India. A new consultation on trade with Switzerland is underway, to replace the temporary Citizens Rights Agreement and Services Mobility Agreement. The Society held a positive in-person meeting for the Legal Services working group on the UK-Nigeria Economic and Development Forum.

Global Legal Centre: The Society has held four roundtables comparing Governing Law internationally with Phillip Wood on the topics of Dispute Resolution and Restructuring, Finance: syndicated credits, international bond issues and derivatives, corporate issues: M&A and Joint Ventures, Commercial issues: sales, commodities, construction, charterparties and intellectual property licence.

Wales: The Commission on Justice in Wales, set up by the Welsh government and led by Lord Thomas of Cwmgiedd, delivered its Report and one of its priority recommendations was the creation of a Law Council of Wales to be the ‘voice for legal Wales’. The Law Society is delighted to be playing an integral role in the creation of the new Law Council of Wales. Flexible legal services apprenticeships have arrived in Wales. The new apprenticeship pathway is the result of a collaborative approach across government and the legal services sector in Wales, aimed at improving access to justice by opening up opportunities to the growing number of individuals looking for a vocational route into a career in law. Any organisation that is able to provide the necessary legal work experience is eligible to sign up.

PC Fee Consultation: The PC fee consultation has resulted in the strongest ever response. The Society thanks all who gave their views in this important exercise.

Professional Update: The Society’s new editorial approach for our weekly email, Professional Update has led to the best ever results. Approximately 20,000 more members are opening each edition, a 74% increase in April from September 2021.

Local Law Societies: A virtual townhall meeting with local law societies took place on 18 May 2022 with around 40 local law societies taking part to discuss criminal legal aid and court reform and to contribute to the practising certificate fee consultation. The President and Vice President’s programme of regional in person visits has reached over 700 members in 15 different locations across the country with talks, roundtables, receptions and meetings.

Finally, a reminder for all Solicitors:

My LS: All Solicitors are urged to verify and keep up to date their My LS account. My LS gives you access to the latest news, events, books and resources to help you excel within your practice. Whatever your location, main practice area and protected characteristics, up-to-date information on My LS will enable the Law Society to help and assist, provide information and updates and keep you informed. Make sure your voice is heard. ■

The Law Society

By Beth Quinn, Key Account Manager, The Law Society REGULATION

Affordability and strong protection will be key for new SRA-run indemnity scheme

The SRA has announced that the Solicitors Indemnity Fund (SIF) will be replaced with its own indemnity arrangements from September 2023, in a move we welcome.

The SRA will maintain consumer protection for post six year run off cover with the same level of cover as the SIF via its own indemnity fund. This is likely to be a relief to the many members, and former members, who have been worried that the closure of SIF would mean the ending of PSYROC as a regulatory arrangement, when for most there was little prospect of finding alternative comparable protection on the open market.

The SIF was scheduled for closure in 2021 but following lobbying from the Law Society (and other key stakeholders) the SRA sought an extension to the fund so that it would have time to seek views on how to sustainably maintain essential consumer protections and develop a new policy for the future.

The Law Society called for the establishment of an indemnity scheme, ring-fenced for PSYROC claims and offering the same scope of protection currently provided by the SIF.

While we await the details of the new scheme, we are pleased to see that the SRA Board appears to have given due consideration to the profession’s views on this important matter. Their decision means that consumers will continue to enjoy long-term protections when they employ a solicitor for legal advice.

We want to be certain that the new scheme will be affordable in the long term, providing good value for money, and maintaining the strong protections that have benefited clients and solicitors alike under the SIF.

LSB gives green light to modest practising certificate fee increases

Last month, the Legal Services Board (LSB) approved a modest increase to the PC fee for individual solicitors of £20 for 202223. The Law Society has acknowledged this decision for the increase, which will underpin support for the profession and better enable us to serve solicitors in England and Wales.

The cost of an individual practising certificate fee will be £286 for 2022-23 and is collected by the Solicitors Regulation Authority (SRA) and is either paid for by individual solicitors, or by firms on behalf of their solicitors. Most of this income is used to fund the activities of the SRA, with the remainder split between other organisations, including the Law Society.

The cost of an individual practising certificate has either been frozen or reduced over the last nine years. For example, the fee was £266 in 2021, compared to £428 in 2010. Additionally, the Law Society supported the profession when the pandemic hit in 2020 by reducing our share of the PC fee income, we received by £3m, and we maintained this level in 2021 as government restrictions continued.

We undertook our largest ever member consultation which revealed 67% of respondents supported the Law Society’s proposal to increase the amount we receive from the practising fee in 2022-23. Our main source of income is the funds we receive from the PC fee, and this determines what we can plan and undertake for you, the profession and wider society. We have ambitious plans for the coming year to deliver more of what our members have told us is of importance to them. This includes:

■ Highlighting the enormous contribution solicitors make to society

■ Defending the profession from attacks

■ Addressing threats to the rule of law

■ Making progress on diversity and inclusion, and

■ Providing world-class resources to support you and your business to thrive and prosper (Including supporting professional excellence through events, e-learning, career development, practice guidance, free helplines, library enquiries and newsletters on a range of practices and topics).

Our new corporate strategy will be published in November 2022 which sets out our new vision, objectives and outcomes for the next three years.

GENERAL Financial Benchmarking Survey

For over 20 years the Law Society’s Law Management Section has helped produce an annual financial benchmarking survey, which is widely recognised as the annual financial health check for law firms; enabling them to benchmark results against a wide range of other law firms and objectively test their internal perceptions against their peers.

Our 2023 survey is now open; it should take approximately 45 minutes to complete and should be emailed to the Law Society’s partner Hazlewoods at benchmarking@hazlewoods. co.uk. As specialists in law firm finances, Hazlewoods will collect and analyse the data on behalf of the Law Society. All data is kept securely and reported at an aggregated level to ensure firm anonymity.

Law Society annual statistics report 2021 launched (21 September)

A new report by the Law Society of England and Wales has revealed the number of solicitors on the roll reached an all-time high in 2021 and record numbers of students graduated with law degrees.

Beth Quinn

Key findings include:

■ In the twelve months to 31 July 2021, the number of solicitors with practising certificates reached 153,282, an increase of 2% on the previous year

■ A record number has also been reported for solicitors on the roll reaching 209,215, an increase of 3% from the year before

■ The number of women PC holders increased three times faster than the number of men; women now make up 53% of those practising in the profession

■ Representation of Black, Asian and minority ethnic backgrounds continued to grow, reaching 18% of those with known ethnicity

■ The proportion of solicitors working in-house grew to 25%, a steady average increase of 1% each year (this is still a likely underestimate as some PC holders are not officially recorded as working in-house)

■ The number of students graduating with first degrees in law from universities in England and Wales in 2021 was the highest on record at 18,927. 81% of these graduates achieved a first or upper second-class degree.

■ The median age for both men and women PC holders grew by one year, making the median ages 46 and 40 respectively as of 2021.

■ The number of firms within England and Wales have been steadily decreasing over the past 5 years, reaching 9,020 as of 2021.

■ A third of firm head office closures came from mergers and change of legal entity status.

Read the full report at www.lawsociety.org.uk/topics/ research/annual-statistics-report-2021

DIVERSITY AND INCLUSION

New Law Society horizon scanning report: Neurotechnology, law and the legal profession

Our latest horizon scanning report, Neurotechnology, law and the legal profession contends that in the coming years neurotechnology will make an impact on the law thereby creating challenges and opportunities for the legal profession.

Neurotechnology is used to interact directly with the brain by monitoring and recording brain activity or acting to influence it. Advances in the coming decades could lead to lawyers grappling with the human rights implications of brain monitoring and manipulation.

■ Discover our horizon scanning series which discusses emerging topics and their possible impacts on the law and legal profession at www.lawsociety.org.uk/topics/ research/horizon-scanning

■ These reports are a part of our wider futures and foresight programme, where we explore drivers of change, emerging signals and ask questions about the future to help our members prepare for longer-term possible worlds. ■

First comprehensive digital conveyancing survey highlights the digital divide

The recently launched Digital Conveyancing Maturity Index found that over half of all law firms surveyed are falling behind when it comes to the adoption of digital conveyancing tools.

Conducted by InfoTrack, the research surveyed the digital capabilities of over 200 law firms across England and Wales to identify which areas of the conveyancing process are most and least digitised within firms – from client onboarding to post-completion.

Working alongside Law Society, CQS, CLC, SLC, LawNet, The Conveyancing Association, and Bold Legal Group, the report enables law firms to assess their progress and benchmark themselves against similar firms and their wider competition.

Across the industry, an average digital maturity score of 43% highlights the continued need for awareness around digital solutions that can significantly benefit conveyancers.

While most firms are still in the earlier stages of adoption, there are a small group who are excelling when it comes to digital adoption – scoring in the 80%+ range. For firms who scored

highly, integrating their case management system with other digital services was the biggest differentiator, giving them a single source of truth with data supporting every part of the conveyancing process.

Post-completion was the front runner when it came to digital maturity, with an average score of 58% and almost a third of firms scored full marks. eSignatures are a good example of the digital divide: 22% of firms still aren’t accepting them at all, meanwhile 16% are using them to sign Land Reg deeds and 11% for Mortgage Deeds. The survey also highlighted potential challenges related to risk and compliance, alongside missed opportunities for firms around productivity and time-saving tools.

“The overall industry average score suggests a lot of firms are still in the early stages of their digital conveyancing journey. However, we did see some exceptionally high results. The biggest concern here is some firms’ speed of adoption of technology in the pre-completion stage. It’s the bulk of the conveyancing work and the area that’s the least digitally mature.” comments Sam Jordan, InfoTrack COO.

A copy of the full report is available for download. The study remains ongoing and law firms can access a complementary assessment and personalised report here ■

Help change an older person’s life

A

to

Growing old doesn’t come with a manual and later life can be challenging for many people. Significant life events such as retirement, family moving away, bereavement as well as changes in health and mobility all have an impact on how we feel and cope. Every person and their situation will be unique. That is why we tailor our support holistically.

Having time and space to support people in moving forward with their lives, helping people to meet others really can make all the difference to someone’s life. We aim to reduce loneliness and social isolation, maintain people’s independence and improve health, wellbeing and resilience.

A gift to Age UK Surrey will help us deliver a range of one to one support services and group activities that:

■ Provide practical support by helping people understand their options and entitlements through free, impartial and confidential advice on all issues such as housing, care and money.

■ Give people the gift of friendship and companionship by connecting and introducing them to others through our Befriending and Wellbeing services.

■ Help people remain healthy and connected and learn new skills through social activities, walks and tea and chat groups.

■ Enable people to remain independent at home by offering practical Help at Home support such as cleaning, shopping and gardening.

Age UK Surrey is a local independent charity. Monies gifted to us remain in Surrey which means that a gift will benefit a Surrey resident. Please refer to our charity as ‘Age UK Surrey’ Registered charity number: 1036450. Thank you.

Issues affecting the rise of IHT (Inheritance Tax)

The rising value of inheritance tax (IHT) receipts has highlighted how some families could potentially face a major surprise when handling a loved one’s estate.

HM Revenue & Customs (HMRC) recently revealed IHT receipts for the Financial Year 2021-2022 were greater than £6bn for the first time (up from £5.2bn in the previous 12 months)1

HMRC stated that higher IHT receipts reflect ongoing increases in the value of taxable assets (especially ongoing increases in the value of residential property). Although HMRC introduced various Nil Rate Bands, these have been held at historic levels, meaning, where the value of assets are increasing, more estates are becoming taxable. We thought we’d explore some of our recent insights into IHT and the factors that affect it.

Property prices

The Halifax House Price Index for August 20222 revealed that the average house price now stands at £294,260, with prices rising by 0.4 per cent in the month. It added that prices have now reached an annual growth rate of 12 per cent, all despite a backdrop of rising interest rates and macro-economic uncertainty.

Property is often a key part of a person’s estate, so – with prices increasing – the value of estates will inevitably continue rise with the associated impact on IHT.

Property investment portfolios

There are a host of products attracting investment, but property investment continues to be a major draw for many.

The recently published English Private Landlord Survey 20213 explored the reasons for becoming a landlord. A perception of lower risk and higher returns continues to drive investment in property compared to other assets. Property is often cited as an alternative to a traditional pension, as well as providing a supplemental income to those with access to liquidity.

The increase seen in property prices continues to be a major talking point. For executors, property portfolios can be a key issue when dealing with Probate.

New IHT considerations

HMRC continue to develop their guidance on assets applicable for IHT. A recent example is Cryptocurrency. Investment in Cryptocurrency has become increasingly popular, hitting all-time highs in 2021, despite its high volatility.

Difficulties in calculating IHT liabilities include establishing where assets are domiciled for tax purposes, establishing the value of assets, and dealing with any changes in value of assets between death and encashment.

HMRC continues to wrestle with these issues as the law around Cryptocurrencies catches up with the marketplace. However, their 549-page consultation document4 has gone some way to clarifying the rules and has been welcomed.

Overall estate value

The Telegraph recently reported 5 on HMRC figures that

By Jim Sisson, Chief Financial Officer, Tower Street Finance

highlighted a rise in the number of inherited estates valued at more than £1 million. It is thought that the figure has risen by more than a third in five years.

These trends may mean that estates are likely to be worth a lot more than people realise. This in turn could leave many families facing a major financial shock when a loved one passes away, as they may see larger-than-expected IHT bill.

HMRC rules and dispensations

HMRC’s general position is to insist IHT is paid before Grant can be obtained. This creates the well-known “Catch 22”, where IHT must be paid before the Estate can be encashed. IHT is a personal liability of the Executor, and it is the Executor’s responsibility to pay IHT.

HMRC does provide some help. Payment of IHT arising on property can be made by instalment (although these instalments can be sizeable in themselves). As a final resort, HMRC may offer a Grant on Credit. However, this decision is discretionary, given as a last resort and can be subject to agreement to make payment at a specific point in the near future.

HMRC is becoming increasingly reluctant to provide Grant on Credit. Recent communication from HMRC has included a demand to provide documentary evidence of an application for, and a decline, of credit for the Executor before the dispensation will be considered.

Therefore, obtaining a Grant on Credit is far from straightforward or certain.

Probate lending

Funding an IHT liability through traditional lending is not an attractive choice for most executors (and may not be a possibility for many). Traditional lending will certainly require a personal liability and may require the Executor to accept a charge over their own property.

Probate Lending is a new and growing market in the UK. Several providers have already appeared to help create a multi-millionpound marketplace with various products providing more effective solutions. Innovative lenders in this new sector focus on the estate as the source of repayment, avoiding the need for credit checks and personal liability for the Executor. Loans are repaid from funds liquidated from the estate, meaning no monthly repayments.

Probate Lending is increasingly seen as the attractive choice for payment of IHT. ■

1. HMRC tax receipts and National Insurance contributions for the UK (monthly bulletin) – GOV.UK (www.gov.uk)

2. august-2022-halifax-house-price-index.pdf

3. English Private Landlord Survey 2021: Main report (publishing. service.gov.uk)

4. Updates – Cryptoassets Manual – HMRC internal manual –GOV.UK (www.gov.uk)

5. More families feud over wills as millionaire inheritances rise (telegraph.co.uk)

Proceed with caution: Solicitors can’t play heads or tails with a Bitcoin!

There have certainly been both winners and losers since cryptocurrency was introduced back in 2009 with Bitcoin recognised as one of the original and most common options.

With its popularity growing it is no surprise that we are seeing an increase in the number of questions from our solicitor clients to check whether they should act on a transaction involving the use of cryptoassets.

So, what are the risks, what should firms be considering, and what do the PII insurers think?

For the majority of traditional law firms, the concept of cryptocurrency will be something more appropriate for the hitech companies based in Silicon Valley, but the reality is that we are starting to see the use of this type of asset more commonly now on the high street.

With the regulation of crypto generally falling outside the remit of the FCA there have been numerous scams reported with little or no consumer protection, which leaves your client in a vulnerable position if they need to call upon the services of the FSCS.

The biggest concern for solicitors should be the unregulated nature of crypto which makes the funds very difficult to trace. Crypto funds can be moved very quickly between accounts with little to no governance, meaning the opportunity for fraudulent activity is rife. This in turn creates potential problems from a money laundering and financial crime perspective. Many banks refuse to have any dealings with crypto due to not being able to trace from where the funds have originated.

Cryptocurrency is not recognised as an acceptable currency for UK house purchases, meaning owners of crypto such as Bitcoin would need to sell their assets and convert it into recognised currency. This raises some real challenges in terms of source of funds checks. The other major concern is the volatility of the crypto market where funds can crash overnight. This could cause issues on a conveyancing transaction if funds were not secured between exchange and completion and suddenly drop drastically.

There still remains little guidance on how or whether to act on matters where cryptoassets are involved and AML checks remain one of the biggest challenges. PII insurers will want to know what enhanced AML checks have been carried out and will also require some comfort that you have established the reason why your client is opting to use crypto instead of more regulated currency.

Generally, we are seeing a reluctance from insurers for their insureds to be involved with client transactions involving crypto with it falling outside of the general appetite of most underwriters. The common stance is that firms are expected to exercise caution where source of funds cannot be confirmed, at which point firms need to consider if it would be wiser not to act.

One underwriter has commented to us that in their view conveyancers already have enough risk to deal with during a property transaction without adding cryptocurrency into the mix.

In terms of insurance cover, the solicitors’ primary MTC PII policy does not restrict the activities that a firm can undertake, and the policy is designed to cover all activities of an SRA-regulated firm in line with their rules and as disclosed in their renewal submission each year.

Firms should always use their commercial and professional judgment to assess whether to take on any matter and we would recommend that extra care is taken when considering getting involved in anything new or unproven, such as cryptocurrencies. Any business undertaken that results in a successful claim or costs against your PII policy could adversely impact future renewal terms.

There are undoubtedly some legitimate examples of when crypto could be used in a transaction and there is generally an acceptance that this could be the direction of travel when it comes to future methods of payment, but it remains early days and an area of increased risk in what is already a very high-risk environment.

■

Joel Harding Associate Director, Howden

Are online auctions holding their popularity?

the

comfort of your own home or office during the registration process, and indeed the flow of information for completing due diligence along with sending out Addendum notes or any other information can all be done from one place. So, in summary, online auctions work and they work well.

would need

auction remained the same and the online platforms opened a world of possibility.

This isn’t to say that the transition was easy – many of us spent several days and nights reviewing and implementing new software, hardware, and every other measure that had, up until now, been the domain of IT specialists. Countless hours have also been spent, and are still being spent, on user experience, data flow, security, and every other aspect of making the online experience one that is just as transparent and easy as bidding in the room.

For many businesses, success is closely connected to reach. When selling a product online retailers have the advantage of advertising across the globe before picking and packing a product and dispatching it to a selected location but, how does this work for a static object like land or property? Yes, we can advertise across the globe and yes there have been other ways of bidding by proxy in the past, but none have ever been as effective as the online bidding platforms now on offer.

These online systems allow you to view the property details, the legal documents and, in many cases, a walkthrough video, all before allowing you to login and bid from wherever you are in the world without even having to pick up the phone or even transfer money in advance.

Our last auction saw traffic from over 40 different countries with bids coming in at all times of day and night, so, from a reach perspective, online auction would be hard to beat.

Security and anti-money laundering (AML) checks are also made simple, being done online in the

While it is easy to get carried away with the advantages of buying or selling online, from wherever you might be in the world, it is still important to remember that ballroom auctions have some distinct advantages. The strength of socialising and networking at these events cannot be overlooked –seeing, discussing, and even feeling the buzz of an auction room has always been a great way to learn, share knowledge or find new opportunities. Something that perhaps will be lost without that kind of physical interaction.

In my opinion online is here to stay and that’s a great thing. The one thing that has become more evident from these last few years is the ability and willingness to adapt – not only to a changing market but a changing world. The auction sector may still be a comparatively small element of a larger property market, but it makes a lot of noise.

The momentum provided by the seismic shift in the way auctions are conducted needs to continue to be harnessed. We all need to continue to adapt and now is the time to combine the best of both worlds, to create opportunities for buyers and sellers and for them to choose how they want to interact with auctions in the future.

In my opinion online is here to stay and that’s a great thing. The one thing that has become more evident from these last few years is the ability and willingness to adapt – not only to a changing market but a changing world. The auction sector may still be a comparatively small element of a larger property market, but it makes a lot of noise.

The momentum provided by the seismic shift in the way auctions are conducted needs to continue to be harnessed. We all need to continue to adapt and now is the time to combine the best of both worlds, to create opportunities for buyers and sellers and for them to choose how they want to interact with auctions in the future. 

No two the same: how specialist services can help you clear estate administration hurdles

There has been a development in new complexities due to the rise in multi-family households, and an increase in assets held overseas as people increasingly live, work and invest outside of our borders.

However, we haven’t got much better at making Wills. Statistics1 indicate that two thirds of British people still don’t have a valid Will, and nearly 60% of parents don’t have a valid, up-to-date Will in place. This can have a profound effect on estates and the heirs. Private client practitioners are required to have a very broad skill set, so it can be comforting to know that, where needed, professional probate genealogists can step in.

No instructions

On learning of the death, practitioners may have a problem right at the start: no instructions to act, no access to funds, and little or no information about next of kin entitled on intestacy. Probate genealogists can assist to help get the administration process moving, with a variety of flexible fee options.

Due diligence

The subject of Wills – or their lack – can be thorny. The family is convinced that a Will was written naming them; or that a more recent Will exists than the one in your possession. Our thorough Missing Will Search, backed up by Missing Will indemnity insurance, can remove uncertainty and allow the estate representatives to move on with the process.

Verification

The work of tracing missing beneficiaries utilises many research tools via publicly accessible online records of births, marriages and deaths, census records and social media, as well as electoral roll and other commercial data. It’s the training, credentials, special records access and research methodology that set a professional probate genealogist apart from ‘bedroom’ sleuths: ensuring that all parts of the family tree have been carefully researched, and all beneficiaries located.

Estate practitioners can find themselves misinformed about the true extent of the family. The family members don’t always know about additional heirs that emerge through research, but genealogists find some beneficiaries are economical with the truth. Taking the word of the ‘sole heir’ at face value is a potentially costly risk to take, that can be avoided by engaging a professional probate genealogist to independently verify the family tree.

“There’s no one else…”

Finders International was involved in the estate of a man with a £400,000 intestate estate. The man’s sister asserted she was the sole beneficiary. Finders verified the tree and found that she had a nephew, entitled to half the estate. She had, it appeared, neglected to mention his existence because she didn’t approve of his behaviour. The nephew received his rightful share of the inheritance, and the practitioners saved a great deal of trouble and expense from a potential later claim.

Finding assets

It’s easy for a person to acquire assets overseas: perhaps being paid in company stock, combined with an increase in wealth managed overseas, helps us feel that we live in a truly globalized world.

It’s when the owner of these assets dies, that we tend to find out the world is not so globalized after all. A virtual security gate crashes down, and the estate representatives and legal practitioners must deal with a string of unfamiliar requirements from a foreign-based asset-holding institution, which may create legal, financial or administrative complications – or all three! Outsourcing this to an experienced professional firm of probate genealogists can help with what can be unfamiliar, lengthy and time-consuming work.

Case study

A lady died leaving what was once a straightforward, Londonlisted UK share portfolio. In recent years and with failing health, she stopped actively managing her portfolio. After her death, her Executors found she had ‘accidentally’ acquired several high value shareholdings listed in the USA, through corporate acquisition and stock spin-offs. The legal practitioners advising the estate had little experience with this kind of work and brought Finders International in to complete the necessary steps. US estate tax clearance was procured due to the high value of the assets, and the shares transferred out of the Deceased’s name, using Medallion Guarantee stamps, and sold.

Finders International are an award-winning Probate Research firm established in 1997. We trace missing heirs and beneficiaries to Estates, property, funds and assets worldwide as well as a range of additional Legal Support services. We work with Solicitors, Accountants, Corporate or State Trustees and financial institutions. We are the founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), which aims to provide a single, authoritative voice for corporate industry professionals. If you would like to contact Finders International for advice or information, contact us on +44 (0)20 7490 4935, email quotes@findersinternational.co.uk, or visit our website to view our services. ■

Louise Levene

International

Finders

Louise Levene

Landmark Information Data Insights Report: Planning Applications

The last few tumultuous years for the UK housing market have highlighted one stark truth: housing supply is not meeting demand. Indeed, housing is one of the core pillars of the government’s levelling up agenda, underscoring the need to radically rethink the way new housing is planned and developed. Central to meeting this need will be the planning process itself.

It is the view of many that the current UK planning process is flawed, often cumbersome and a source of frustration for stakeholders across the entire spectrum, from developers to communities. Digitisation will undoubtedly play its part in transforming this process; the wealth of technologies now available (such as interactive geospatial technology, virtual simulations, and, of course, data) to inform and shape planning offer real opportunities for change. With this in mind, the halfway point of 2022 felt like a good time to step back and take a look at the data on planning applications over the past ten years.

In our newly released Data Insights Report: Planning Applications, we revisited the wealth of environmental, land and property data that we gather, manage and supply to the property industry on a daily basis, and analysed relevant datasets to provide a summary of planning trends between 2012 and 2021. Overall, we saw that, year on year, the rate of planning applications in the UK is increasing. In fact, in every region – except for London – the number of planning applications submitted per 100,000 people was at its highest in 2021, since 2012.

As well as pinpointing the regions with the highest and lowest application volumes, the report draws on data that reveals:

to existing housing stock and the retrofit options and upgrades many homeowners are now choosing to undertake.

In the near future, I would hope to see a continuation – or even acceleration – of environmental considerations in new build planning policies. Concepts such as renewable energy installations on housing developments of a certain size, for example, would be great to see. Meanwhile, new build developments could well pave the way for widespread progress in new policies for establishing electric car charging ports. This might seem, on the face of it, a small point but collectively, ease of access to electric charging points as a given would make a huge difference in easing the transition from fossil fuel based to electric transport options.”

Piers Edgell, Landmark’s Client Director (Landmark Geodata) closes with a powerful argument for how planning data and the levelling up agenda are inextricably linked:

“We have seen much debate and anticipation around the original Planning Bill, and now the Levelling Up and Regeneration Bill which supersedes it. In terms of the new proposed bill, it will be interesting to see how its content evolves during its passage through parliament, and precisely which elements are ultimately given final Royal Assent.

The report also features expert commentary from Landmark’s Chris Loaring, Managing Director (Landmark Legal), who shares his observations on planning trends beyond ‘the Covid effect’ and highlights the growing implications of the journey to net zero in future planning policy.

“We know that the built environment has a huge role to play in the wider net zero ambition and that new-build development is a major factor within that. Equally, we will watch with interest to see how the data evolves in regard to planning applications relating

What is notable to me, when we consider the planning data in this report through the levelling up lens, is that planning is about so much more than simply where developments will or will not be built. Every planning decision impacts the immediate environment, and so planning data could and should become a critical tool for informing and shaping social policies that aim to improve – or level up – communities. What, for example, could the kinds of planning data shown in this report tell us, when mapped against data on increasing property values or household incomes? What could the data we have summarised on amenities within the vicinity of planning applications tell us about location-specific standards of living and local needs? From a big picture point of view, we might even wonder how this kind of data might correlate with health and wellbeing indices, mortality, employment and income figures. My hunch is that it would underscore that planning has the potential to alter communities and change life-chances, more broadly than its immediate impact on the built environment.”

You can access this insightful, timely and data-rich report at https://go.landmark.co.uk/planning-applications-insightreport ■

Conveyancing Question Time with Richard Snape

LawSure Insurance, the award-winning title insurance specialist broker, and sponsor of the Surrey Law Society, regularly runs conferences with Richard Snape, the leading legal presenter and trainer.

Here Richard provides answers to questions he is frequently asked during the conferences.

Q. What is the problem with positive covenants in freehold land?

A. Unlike restrictive covenants, which are recognised as property rights and, post-1926 subject to registration, combined third party purchasers, the case of Austerberry v Oldham Corporation (1882) stated that positive covenants in freehold land, such as maintenance, are not property rights but merely contractual rights. To bind third party purchasers there should be devices such as direct covenants and restrictions or estate rentcharges, with all the problems that they cause. In leasehold land both positive and negative covenants can bind third parties, which is why the vast majority of flats, where maintenance is essential, are leasehold.

Q. What must be included in a fire safety risk assessment under the Fire Safety Act 2021?

A. The Fire Safety Act 2021 came into force in Wales on 1 October 2021 and in England on 16 May 2022. It applies whenever a building includes two or more sets of domestic premises and states that the risk assessment must include the structure, external walls, common parts, doors between domestic premises and common parts and external walls, doors, windows and attachments, for example, balconies.

It is suggested that a large number of fire safety risk assessments are now out of date.

A. Prior to 13 October 2003 legal easements created by deed would be overriding interests and binding on purchasers. This is still the case for easements created prior to 13 October 2003 but since that day they are not legal and not binding until an application for registration is made.

However, prescriptive easements and easements implied into a transfer will be overriding if the purchaser has actual knowledge of them, or they are obvious from an inspection, or the easement has been exercised in the previous year.

A. A lease, or term of years absolute, is one of the two recognised legal estates (under S.1 (1) Law of Property Act 1925). To be legal, the lease must be created by deed and, if for more than seven years in duration, must be substantively registered. The major exception for this is leases of three or less years in duration taking effect in possession at the best rent reasonably obtainable. Such a lease would be legal if purely verbal or implied from periodic payment of rent. Short legal leases of seven or less years in duration will be binding on a third-party purchaser for value as they will be overriding interests.

If a lease of more than seven years in duration has not been substantively registered or a lease of more than three years in duration has not been created by deed, then it will be treated as a contract to create a legal lease if it satisfies the formalities in S.2 Law of Property (Miscellaneous Provisions) Act 1989. Such a lease will be an equitable lease and overriding under Schedule 3 (Paragraph 2) Land Registration Act 2002 provided that the tenant is in actual occupation. If so, the lease will be binding on third party purchasers.

A. The enforcement period against the building owner is 12 months from the date of completion of the work. There may be a prosecution for up to two years after completion of the work, but only against the owner who commissioned the work or more likely the building or main contractor.

Local authorities have numerous other powers in relation to dangerous buildings. There is also provision in the Building Safety Bill 2021-2022 to increase enforcement periods from twelve months to ten years.

Appeal case of Patel v Keles (2009) the landlord may sell at a later date, but as in the present case they intended to continue use as a newsagents for two years and then redevelop the premises together with neighbouring land they could not use ground (g). In addition, under S.55 of the Act if there is deliberate concealment then the tenant has a misrepresentation claim.

Q. Can the landlord change the terms of the tenancy agreement on a 1954 Act renewal?

A. S.35 of the Act states that in the absence of agreement between the parties the court shall have regard to the terms of the current tenancy. In the House of Lords case of O’May v City of London Real Property Company (1983) stated that the burden is on the person proposing a change and it is a strong burden. It must be fair and reasonable between the parties and the fact that the rent is to be reduced is not a decisive factor. Thus, the landlord was unable to change the repairing covenant in return for a reduced rent.

Q. If a lease is to be excluded from the LTA 1954 what date should be entered in the warning notice?

A. This is an obvious error in the warning notices and has been debated since 2004. It was finally settled by the Court of Appeal in the case of TFS Stores v Designer Retail Outlet (2021) where the term “the date on which the tenancy is granted” was held to be sufficient. An actual date need not be included.

For your free no-obligation title insurance quote from the award-winning specialist legal indemnity broker for title insurance, call us today on 0345 557 0845 or email us at enquiries@lawsure.co.uk ■

A. The intention must be held at the date of any court hearing. After much debate, the matter was finally decided by the Supreme Court in the case of S Frances v Cavendish Hotel (2018). Here, amongst other things, the landlord intended to demolish a wall and replace it with an identical wall. The Supreme Court held that there is a “but for” test in that the landlord has to show that they would do the work even if the tenant had vacated. The landlord failed in opposing a new lease.

Q. Can a landlord oppose a new lease on ground (g) and occupy for their own purposes but later sell as a property?

A. The Landlord must have a genuine intention to occupy at the time of any court hearing. According to the Court of

Lawyer?

To advertise in Surrey Lawyer, please call Catherine McCarthy our Business Features Editor on 0151 236 4141 or email catherine@ benhampublishing.com

Q. In registered land can an easement bind a purchaser if it does not appear on title?

Q. When will a lease bind a purchaser for value of the landlord’s reversion when the landlord’s title is registered?

Q. What is the enforcement period for Building Regulation breaches?

Q. Can a landlord use ground (f) and intend to demolish and reconstruct, but plan the works in order to oppose a new lease?

Poppy’s second chance at love

Chihuahua

had sadly recently

a diagnosis that she had a terminal illness. She was advised to apply for a free Canine Care Card and nominate a Dog Guardian; someone she trusts to sign over the care of Poppy to Dogs Trust should she need it. She’d then be able to spend the most time possible with Poppy and feel reassured that she’d be given the best possible care at Dogs Trust when they could no longer be together.

Poppy’s Dog Guardian contacted us to advise that her owner was now receiving palliative care and that they needed to activate her Canine Care Card, Poppy was collected by Dogs Trust the very next day. After a vet and behavioural assessment we decided the best place for Poppy would be a loving foster home. We were able to advise the foster carers of all the information we’d been given by Poppy’s owner regarding her life, diet and routine to enable us to make this transitional period as stress-free as possible for Poppy.

Within almost no time, we were able to find very affectionate Poppy a lovely new home for her second chance at love. Poppy’s story is one of many we come across at Dogs Trust.

Many owners are growing increasingly worried about gradually losing their independence or their health deteriorating. Dogs Trust want to offer owners peace of mind that we will be there at this difficult time to care for and rehome their four legged friends should the worst happen.

Therefore we’re pleased to announce that we have extended our Canine Care Card service. Dogs Trust will care for your dog should you move into a care home, become seriously ill or pass away.

For more information on our Canine Care Card service and how to register your dog please type in this link www.dogstrust.org.uk/ccc where you will find our online application form and more information on our free service.

If you have any queries regarding the Canine Care Card please email CCC@dogstrust.org.uk or call 020 7837 0006 and we will be happy to help. 

Who’ll keep her happy

client’s

– as long as your client has a Canine Care Card.

a

service from Dogs Trust that guarantees

a second chance a life.

Dogs Trust, we never put down a healthy dog.

care for them at one of our 21 rehoming centres, located around the UK.

in every four of your clients has a canine

Naturally they’ll want to make provision

their faithful friend. And now you can help them at

Canine

no cost. So contact us today for your FREE pack

– and make a dog-lover happy.

ccc@dogstrust.org.uk

Exchanged.

We’ve helped more than 1,000 law firms trade in paper-based AP1s for digital.

Swapping your paper AP1 forms for digital doesn’t need to be a hassle. We’ve already helped over 1,000 law firms make the switch.

With up to 90% of the form pre-populated thanks to seamless integration with all major case management systems, you can reduce requisitions by up to 30% with InfoTrack.

From Nov 2022, HM Land Registry will only accept digital AP1 forms (no more scanned PDFs). InfoTrack is here to make your transition from paper to digital as painless as possible.

Swap to digital and request a demo today. Visit infotrack.co.uk/digitalAP1 or call us on 0207 186 8090 to book a free demo.