Surrey Lawyer October 2023

SurreyLawyer THE OFFICIAL JOURNAL OF THE SURREY LAW SOCIETY | AUTUMN 2023

SLS Legal Awards 2023

■ CGT changes on divorce ■ Charting a Sustainable Future ■ Northern Ireland Troubles (Legacy and Reconciliation)

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PUBLISHER Ian Fletcher Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 05 President’s Jottings 07 CEO Report 08 News 11 More time to decide

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SALES DIRECTOR Karen Hall STUDIO MANAGER John Barry MEDIA No. 1956

asset splitting: CGT chnges on divorce

PUBLISHED Autumn 2023 © The Surrey Law Society Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

DISCLAIMER The Surrey Law Society welcomes all persons eligible for membership regardless of sex, race, religion, age or sexual orientation.

12 Training & Events 14 SLS Legal Awards 2023

20 Charting a

Sustainable Future -

22 Getting to know

14

Southey & Co

ouncil Member's 26 24 CReport

All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between members and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance.

25 The Law Society Report

26 Northern Ireland

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

Troubles (Legacy and Reconciliation) Act 2023- There may be trouble ahead...

COVER INFORMATION Image: The SLS Legal Awards 2023

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Copy Deadlines 08th DEC 2023 (For JAN 2024)

Lawyers Division

Advertising Anyone wishing to advertise in Surrey Lawyer please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial Anyone wishing to submit editorial for publication in The Surrey Lawyer please contact Helen Opie before the copy deadline. 0333 577 3830 helen.opie@surreylawsociety.org.uk

30 Focus on EDI 33 Surrey Junior

34 Roadmap for NQ's Follow us on social media @SurreyLawSoc @surreylawsociety https://www.linkedin.com/groups/8731473 SURREYLAWYER | 3

OFFICERS

KEY OFFICERS Acting President NICK BALL TWM Solicitors LLP, 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752700 Email: Nick.Ball@twmsolicitors.com Acting President and Honorary 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 Acting Vice President DAWN LAWSON Nichols Marcy Dawson LLP, Portman House, Colby Rd, Walton-on-Thames KT12 2RN Tel: 01932 219500.

Email: d.lawson@nmd-law.com

EMMA PATEL Rosewood Solicitors, Export House, 5 Henry Plaza, Victoria Way, Woking, Surrey GU21 6QX Tel: 0Tel: 01483 901414 Email: emma.patel@rosewood-solicitors.com RACHEL PHILIP S. Abraham Solicitors, 290A Ewell Road, Surbiton, Surrey KT6 7AQ Tel: 020 8390 0044 Email: conveyancing@sabrahamsolicitors.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 SUZANNE WALKER Nichols Marcy Dawson LLP, Portman House, Colby Rd, Walton-on-Thames KT12 2RN Tel: 01932 219500; Email: s.walker@nmd-law.com

Hon. Treasurer CLAUDENE HOWELL Owen White & Catlin LLP, 74 Church Road, Ashford, Middlesex TW15 2TP T: 01784 254188 E: claudene.howell@owc.co.uk

KIM WINTLE Blackfords LLP, Cleary Court, 169 Church Street East, Woking GU21 6HJ Tel: 03330 150150 Email: kim.wintle@blackfords.com

COMMITTEE MEMBERS

LAW SOCIETY COUNCIL MEMBERS

Immediate Past President MADELEINE BERESFORD TWM Solicitors LLP, 65 Woodbridge Road, Guildford, Surrey GU1 4RD Tel: 01483 752742 Email: madeleine.beresford@twmsolicitors.com

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

CARINA BRITS Palmers Solicitors, 89-91 Clarence Street, Kingston upon Thames, Surrey KT1 1QY Tel: 020 8549 7444 Email: carina.brits@palmerssolicitors.co.uk KAREN GRIMM Stone Rowe Brewer LLP 72 High Street, Teddington, Middlesex, TW11 8JD Tel: 020 8977 8621 k.grimm@srb.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 DEV JUMMOODOO Rosewood Solicitors, Export House, 5 Henry Plaza, Victoria Way, Woking Surrey GU21 6QX Tel: 01483 901414 Email: dev.jummoodoo@rosewood-solicitors.com

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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 Victoria Clarke Amber Howton Alastair Logan Linda Lusingu Amber Matheson Maria Mingoia 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 Bethany Walker (Chair) Alex Watson-Lee (Vice Chair) Bisma Hussain Martin Whitehorn Daisy Welland Seema Gill Katie Foulds Kabina Suyal Joanna Earl Hannah Gibbons Daniel Hart Ellie Sullivan Daniella Mcleod Alexandra Pruvost Sapphire Gold Jasmine Lagha Lavanya Hart Julia Francis-Owusuasefa Joshua Schonegevel Email: surreyjuniorlawyersdivision@gmail.com LinkedIn: https://www.linkedin.com/company/ young-surrey-lawyers Instagram: jld_surrey Twitter: @YSL_Live / @SurreyJLD

INTRODUCTION

President’s Jottings AUTUMN 2023

Nick Ball

T

he Indian summer is over, and winter will soon be upon us. It’s been a busy autumn for us at Surrey Law Society and I am sure it has been a busy time for many.

Only a few weeks ago we had the incredible SLS Legal Awards 2023 at G Live in Guildford. A new venue for us and the flagship event in the SLS calendar did not disappoint – we had more people in attendance than ever before and it was great to see so many of you, and to celebrate the many achievements of the Surrey legal sector and the vital role that it plays in our community. Many congratulations again to our winners and all those shortlisted.

I thank my Acting Co-President, Kieran Bowe, for the part he played and for co-presenting the SLS Legal Awards trophies and Helen Opie, Elouise Enright and all our supporters for making it such a great evening. Kieran also attended the Berks, Bucks & Oxon Law Society Dinner and Awards in Windsor on behalf of Surrey Law Society on 13th October 2023.

had passed away suddenly on 19th September 2023. David was one of our judges for the SLS Legal Awards, a role he had carried out for us since their inception in 2018. He had intended to be there at G Live and it was right that Kieran paid tribute to him in his welcome speech. David had served as a committee member of Surrey Law Society, he had sat on our Conveyancing committee, and he had served as our President twice. He had also served as a Council Member of The Law Society of England & Wales. He worked locally in Surrey for many years, and our condolences go to his family, his firm, Harold Bell Infields & Co, and all who knew him.

With my very best wishes,

Nick Ball

Acting President Surrey Law Society

I was privileged to be invited by Nick Emmerson to attend an evening at Chancery Lane for his inauguration as President of the Law Society of England and Wales on 11th October 2023.

Nick is the 179th President of the Law Society and he previously served on the Law Society Council. Like me, he served as President of his local law society during the bulk of the pandemic, and he understands the essential role that solicitors play in our economy and society.

The world trusts the stability and quality of our courts and tribunals, our arbitration and mediation centres, English and Welsh law, and our legal professionals. I was pleased to hear Nick’s plans to champion solicitors on the international stage, recognising that the work of solicitors on the ground underpins our reputation as a jurisdiction of choice. With a background in local law societies, it was great to hear that Nick will work closely with local law societies like ours, celebrating the value they add for members, and addressing the issues and challenges we face.

However, it has not all been a time of celebration. It’s been a time of reflection and sadness too. We received news that one of our Past Presidents and stalwart supporters, David Steed,

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INTRODUCTION

CEO Report AUTUMN 2023 Helen Opie

I

t’s Autumn again, which can only mean one thing for the Surrey Law Society, the SLS Legal Awards! And this year, we’ve had a fantastic time planning our biggest and most exciting Award ceremony yet. The big event took place on 12th October at new venue G Live in Guildford, and we hope you agree that it didn’t disappoint. We were delighted to host almost 300 guests on the night, celebrating achievement in 11 Award categories and enjoying a range of entertainment. Our special guest speaker for the evening was the fantastic Shaparak Khorsandi, who also compered the Awards ceremony, and we were also pleased to welcome our excellent band ‘Django’s Jive’, as well as magician, Sav, and silhouette artist, Megumi. It was incredible to see so many SLS members come together, more than ever before, and to celebrate the fantastic work being carried out across the county, you can read more about our winners overleaf. Events such as these are never possible without the generous support of our valued partners, and I would like to personally thank them for their sponsorship. They were: • Evelyn Partners • ReviewSolicitors • Helen Clifford Law • Actionstep • Groundsure • Guildford Chambers • Landmark Information Group • On Point Data • Southey & Co • tmgroup • Verify365 It hasn’t all been Awards though, as our training programme resumed in September with webinars on Key Clauses in Residential Leases and The National Cyber Security Centre Report on the Legal Sector. We’ve also hosted two courses online for Private Client practitioners, a ‘Private Client Update’ with Professor Lesley King and a course on ‘Pensions and Life Policies in the Context of Estate Planning’ with John Bunker.

Recordings and notes are available for all the above sessions, so if you are interested in viewing these, please do get in touch. Moving forward, we have forthcoming webinars on Anticipating and Navigating the Hurdles in Estate Administration, Financial Crime Update – it’s not just AML anymore and Dealing with Litigants in Person, as well as an in-person course on Easements and Covenants - Tips and Traps for Residential Conveyancers. You can view more information on all of these sessions at our website, www.surreylawsociety.org.uk, so please do take a look and make your bookings early to avoid disappointment.

I’m also pleased to update on some of the activities of our EDI committee, which include a collaborative event with the University of Surrey taking place on 19th October. A panel discussion, that will look at the Inclusivity of the Legal Profession, will include presentations from Jo O’Sullivan, Former Chair of the Resolution EDI Committee, Sushila Abraham,

Council Member of the Law Society of England & Wales and Mark Robinson, Criminal Barrister and we’re very grateful to EDI Committee member Linda Lusingu for all her work on putting this event on. Additionally, the group has reached out to all the secondary schools in the county offering to assist with careers fairs and professional development talks, with a view to encouraging as many students as possible to pursue a career in the law regardless of background. We are always looking for members to support this initiative so if you have any capacity to support with any of our schools engagement programme, please do get in touch.

On 8th November, we will be partnering with longtime friend of the Surrey Law Society, Evelyn Partners, on an event for Managing & Senior Partners that provides a Global Economic & Investment Market Update. The briefing will include presentations from senior partners at Evelyn as well as from Maximillian McKechnie, Global Market Strategist, J.P. Morgan Asset Management. It promises to be an extremely popular event, so if you are interested in joining us, please do get in touch as soon as possible.

As always, the Society’s committee has been keeping a close eye on any consultations that are relevant to members and I’m pleased to advise that the Conveyancing and Land Law subcommittee recently submitted a response to the Law Society’s closed consultation on climate change and conveyancing on behalf of the membership.

Looking to the future, as we approach the end of 2023, we’ll be making plans for next year, including preparation of our training and events programme and renewal of our annual patronage packages. We’re also excited to be exploring the possibility of a series of new online conferences and will be bringing you news on this over the coming weeks. As always, if you have any suggestions of topics you would like us to cover or events you would like us to run, please do get in touch.

With best wishes, Helen

Helen Opie

Chief Executive & Magazine Editor T. 0333 5773830 E. helen.opie@surreylawsociety.org.uk

@SurreyLawSoc

@surreylawsociety

Helen Opie (Chief Executive at Surrey Law Society) Surrey Law Society

SURREYLAWYER | 7

NEWS

Andrew Richardson

A

Downs Solicitors LLP has announced several new significant hires and promotions at its three Surrey offices

ndrew Richardson, who has worked at Downs as Finance Director for the last 8 years, will become the leading law firm’s CEO from 1st July. This is a brand-new role that will see him take responsibility for the management and strategic direction of the firm working with its Partners and Managers.

Passionate about Downs’ vision to foster a culture of collaboration and excellence, Andy will be overseeing the day-to-day operations including finance, marketing, IT and HR to drive growth, profitability and client satisfaction.

Andy said: “I am honoured to be starting as Downs’ first ever CEO role and taking the firm in a new direction. It’s been a pleasure working closely with the management team, who drove the business forward through the pandemic, and coming out the other side stronger than ever. Now’s a great time to be looking at how we

can build on that past success, and I am really looking forward to taking things to the next level.”

With Andy’s move into the CEO role, Katie Gemmell will be stepping up to manage the firm’s day-to-day finance function as Financial Controller.

Chris Millar, Senior Partner at Downs, is delighted with the new promotions at the firm. He said: “A new CEO is a brave move for us, but, with the worst of the pandemic now behind us, we’re starting our new financial year with a strong vision, and I am confident we’re putting our best foot forward with Andy at the helm.

Downs Solicitors LLP is a Surrey-based law firm with roots spanning back to 1836 and now has offices in Dorking, Cobham and Godalming.

For more information, please visit www.downslaw.co.uk ■

Making A Splash: Local Lawyers swim The Channel to raise £21,000 for spinal injury charity L-R: Clair Phillips, Emma Williams, Danielle Cranstone, Louise Campbell, Maxine Winfield and Fiona Hampton

A

n all-female team of six lawyers from Southampton-based Moore Barlow have raised more than £21,000 for spinal injury charity Aspire, after swimming the English Channel.

Louise Campbell, Fiona Hampton, Clair Philips, Danielle Cranstone, Maxine Winfield and Emma Williams completed the challenge in a relay format, swimming on a rota of one-hour intervals from Dover to France, covering 32 miles.

The team entered the 16-degree seawater at 02:15 am on Sunday 20th August and completed the swim in 14 hours and 54 minutes.

The lawyers have spent the last nine months preparing for the swim with a mixture of sea, lake and pool training sessions three times a week. The team also completed medical and physical assessments with the Channel Swimming and Piloting Federation (CSPF) in order to qualify for the channel crossing.

Aspire is a national charity that provides practical help to people who have been paralysed by spinal cord injury. Spinal cord injuries result in the loss of muscle and sensory control and a large majority will become full time wheelchair users for the rest of their lives.

Moore Barlow along with Aspire, formed Aspire Law - the only UK law firm to specialise solely in representing and supporting people with spinal cord injury claims.

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Louise Campbell, partner in the commercial property team at Moore Barlow, said: “Swimming across the English Channel is seen as the Mount Everest of all swims, and I couldn’t be prouder of what we have achieved. Since November last year, the six of us have dedicated our evenings and weekends to prepare for the challenge – often balancing our legal work with gruelling training sessions.

Andrew Richardson “Adverse weather conditions forced our original swimming slot back a few weeks and we remained focussed until we were given the go-ahead with 36 hours notice to make our way to Dover.

Entering the water under the cover of darkness in the early hours of the morning was utterly terrifying. If it wasn’t for our team spirit and support for each other, I don’t think we’d have completed such an impressive feat!”

Paul Parish, head of funding at Aspire Law, commented: “The achievement is nothing short of incredible. I know how hard the ladies have worked, dedicating hours of training to put themselves in the best position to complete the swim.

“The funds the team have raised will have a life-changing impact for the charity, allowing us to offer more support and practical help to people who have been paralysed by a spinal cord injury – supporting them from injury to independence.”

For more information on the channel swim and to donate visit: https://www.justgiving.com/team/aspireeagles ■

NEWS

Martin Whitehorn is named Legal Hero by The Law Society of England and Wales are people who use their skills, expertise and drive to put the interests of others first, demonstrating the core values which are at the heart of our profession: helping others in need. Congratulations to each of them.”

Martin received a significant number of nominations for his work in the field of neurodiversity. He has spoken widely about neurodivergent and disabled access in and through the legal profession. Martin has also contributed to the Law Society’s guidance for disability inclusion for small firms and its reasonable adjustments guidance.

M

artin Whitehorn from Julie West Solicitors has been named a Legal Hero by the Law Society of England and Wales at a ceremony in September.

Legal Heroes is an opportunity to recognise solicitors who have shown personal commitment and leadership to make the biggest difference to other people’s lives in recent years. Through their endeavours they have made a demonstrative, lasting and tangible difference to others, and brought distinction to the legal profession.

Law Society president Lubna Shuja said: “Our Legal Heroes have been chosen for their outstanding qualities as leaders in society, driving forward change, and at times supporting the most vulnerable. These

Furthermore Martin has been supporting Ukrainian lawyers in England and Wales with obtaining employment in law. He uses his membership of the Ukrainian Bar Association to increase awareness and encourage others to join and support this vulnerable community.

Martin also supports aspiring and junior lawyers, including assisting lawyers whose firms were pushing them to make ethical breaches and helping mentees with obtaining training contracts to become solicitors.

He kept junior lawyer support group Surrey Junior Lawyers Division active during the lockdowns where other Junior Lawyers Divisions have since fallen inactive. Martin additionally speaks at schools to help educate and inspire the next generation on entering the legal profession. ■

New Chapter for Mackrell Turner Garrett Members of Mackrell Turner Garrett with those from Dutton Gregory Solicitors

P

artners and staff at Mackrell Turner Garett are delighted to announce the firm’s merger with established south coast legal brand, Dutton Gregory Solicitors.

Both full-service law firms were established over 70 years ago and have since proved their commitment to providing clients with tailored legal solutions in property, for later life planning, families and commercial matters.

‘We had been looking for the right partner firm in Surrey when we met the Partners at Mackrell Turner Garrett,’ explains Andrew Tilley, Managing Partner of Dutton Gregory Solicitors, which employs over 130 staff across Hampshire and Dorset.

culture and have the same ambitions, so were delighted when they accepted our invitation to join forces.’

The official merger took place on 1st April with an initial transition period during which Mackrell Turner Garrett will practice as ‘Dutton Gregory incorporating Mackrell Turner Garrett.’

‘We wanted to merge with a larger organisation that would equip us with both additional resources and a wider range of expertise and services,’ says Marc Mediratta, Partner and Head of Company & Commercial at Mackrell Turner Garrett. ‘Both sides have worked hard to ensure that this is a beneficial opportunity for staff, associates and, most importantly, clients. ■

‘After spending some time getting to know each other, we realised that our firms are on similar journeys, share the same values, vison and SURREYLAWYER | 9

NEWS

Morr & Co’s Private Client department goes from strength to strength with the promotion of Natalie Payne into Partnership Natalie Payne

M

orr & Co, a leading regional law firm, is delighted to announce the promotion of Natalie Payne to the role of Partner in the Private Client team.

team in the short time since she joined us. Her technical ability as a lawyer, as well as her approach to dealing with clients and colleagues, adds further strength to our already outstanding private client team."

Natalie joined Morr & Co in September 2021, after serving as the Head of the Private Client Wills, Trusts, and Probate Team at a central London firm.

Natalie's exceptional achievements have earned her recognition within the legal community. In 2018, she was ranked as an "Associate to Watch" in the Chambers HNW Guide. The same year, she won the Private Client Lawyer of the Year award in the UK Lawyer Monthly Magazine Private Client Awards.

With her empathetic approach and a commitment to excellent client service, Natalie consistently delivers outstanding results. Her expertise includes drafting complex Wills, managing high net worth estate with cross-border issues, independent administrator estate administrations, handling difficult beneficiaries and advising on the creation and management of trusts. Natalie undertook the postgraduate course to become a barrister and in 2010 realised her heart was in becoming a solicitor. She cross-qualified in 2010 and was admitted as a solicitor in the same year.

Catherine Fisher, Morr & Co's Managing Partner commented "Natalie is a talented lawyer, who we are delighted has joined the Partnership.

Natalie has quickly become a highly valued member of our private client

Natalie has also been shortlisted for the 2023 Lawyer of the Year Award, at the Surrey Legal Award Ceremony, which will take place in October.

Natalie is a member of SFE (Solicitors for the Elderly) and an affiliate member of STEP (Society of Trust and Estate Practitioners), further enhancing her ability to provide comprehensive solutions to her clients.

Morr & Co extends their warmest congratulations to Natalie and looks forward to her continued contributions to the firm and the wider legal community. ■

Surrey firm listed in four Legal 500 categories S

urrey law firm, Downs Solicitors, has secured four rankings in the latest Legal 500 series.

Downs Solicitors, which has offices in Dorking, Godalming and Cobham, has been awarded in four practice areas in 2023.

The firm secured its position in the highly regarded Legal 500 series for Corporate and Commercial services in Kent, Surrey and Sussex, as well as Commercial Property, Insolvency/Corporate Recovery, and Real Estate. Plus, for the first time in 2023, Downs Solicitors has been awarded a ranking for Employment services.

The Legal 500 analyses the capabilities of law firms around the world and research is based on feedback from more than 250,000 clients and researchers. Once you’ve made it on to the list, your firm is then 10 | SURREYLAWYER

assessed by 106 jurisdictions and then ranked based on a series of criteria, such as most prestigious clients, market share, innovative work, reputation for handling complex deals and in-depth capability.

Christopher Millar, Senior Partner at Downs Solicitors, said: “We are so pleased to add another ranking in the Legal 500 this year, bringing our total up to four. This just goes to show the variety of experience and capability within our practice, so that we can offer a top-quality service to clients locally, nationally and internationally. We’d like to thank our clients for the feedback they provided which afforded us this opportunity to be recognised as experts in our fields.” ■

ARTICLE

More time to decide asset splitting: CGT changes on divorce F

ollowing finalisation of the latest Finance Act, separating or divorcing couples have longer to transfer assets between them without capital gains tax consequences. This is a welcome measure that takes some of the time pressure off deciding a split of assets.

Spouses can transfer assets between them on a ‘no gain, no loss’ basis for capital gains tax purposes, which means that no capital gains tax is payable on transfer. Instead, the spouse receiving the asset takes on the other spouse’s base cost. Upon separation, however, this rule only applied up to the end of the tax year of permanent separation.

Following changes to legislation announced at the Spring Budget 2023, the spouse rule is now extended. Couples have 3 years after the end of the tax year of separation to make no gain no loss transfers, and there will be no time limit if the assets are transferred as part of a formal divorce agreement. This applies to disposals on or after 6 April 2023.

The changes also extend the availability of private residence relief (PRR) on the eventual sale of the matrimonial home to a third party, provided specific conditions are met. Previously, this was only available when the departing spouse transferred their interest to the remaining spouse.

Individuals will also be able to transfer their interest in the former matrimonial home to their ex-spouse, in return for a share of the proceeds on the eventual disposal (‘deferred proceeds’). PRR will apply to those future proceeds on the same basis as the original transfer. Under the previous rules, the deferred proceeds were treated as a separate asset and CGT would be payable on any growth in the value of the property arising between the transfer and the eventual sale.

The changes will provide divorcing couples with more time and flexibility to arrange their financial affairs under the settlement.

Although these changes are welcome, it is still important to consider capital gains tax consequences as part of a divorce settlement, as the ‘no gain, no loss’ rule does not eliminate the inherent gain within the asset. Spouses will still need to consider the ‘net of tax’ position of any assets received as part of the divorce, in order to understand the actual value of their divorce

settlement, In addition to this, if a non-occupying spouse chooses to extend the availability of PRR on the matrimonial home and has acquired another property to reside in, they will need to consider any potential exposure to capital gains tax on this new property.

Please note By necessity, this briefing can only provide a short overview and it is essential to seek professional advice before applying the contents of this article. This briefing does not constitute advice nor a recommendation relating to the acquisition or disposal of investments. No responsibility can be taken for any loss arising from action taken or refrained from on the basis of this publication.

Tax legislation Tax legislation is that prevailing at the time, is subject to change without notice and depends on individual circumstances. You should always seek appropriate tax advice before making decisions. HMRC Tax Year 2023/24.

About Evelyn Partners Evelyn Partners is the UK’s leading integrated wealth management and professional services group, created following the merger of Tilney and Smith & Williamson in 2020.

Evelyn Partners has a network of offices across 28 towns and cities in the UK, as well as the Republic of Ireland and the Channel Islands. Through its operating companies, the Group offers an extensive range of financial and professional services to individuals, family trusts, professional intermediaries, charities, and businesses.

For further information please visit: www.evelyn.com or contact your local Evelyn Partners office in Guildford on 01483 468888 ■

By Melanie Chan and Chris Springett Evelyn Partners The Evelyn Partners Group of companies comprises Evelyn Partners Group Limited and any subsidiary of Evelyn Partners Group Limited as amended from time to time. Further details of the group are available at www.evelyn.com.

SURREYLAWYER | 11

TRAINING & EVENTS

Training & Events Programme 2023 NOVEMBER 2023 08.11.23 | TBC | Briefing | Management MANAGING PARTNERS’ EVENT Venue: Evelyn Partners, Onslow House, Guildford 02.11.23 | 12.30 – 1.30pm | Course | Property ANTICIPATING AND NAVIGATING THE HURDLE IN ESTATE ADMINISTRATION Kate Selway KC, Radcliffe Chambers Sponsored by Southey & Co. 07.11.23 | 2.00 – 5.00pm | Course | Property EASEMENTS AND COVENANTS – TIPS AND TRAPS FOR RESIDENTIAL CONVEYANCERS Ian Quayle, IQ Legal Training 15.11.23 | 12.00 –1.00pm | Webinar | Practice Management FINANCIL CRIME UPDATE- IT'S NOT JUST AML ANYMORE! Amy Bell, Teal Compliance 15.11.23 | 4.00 –5.00pm | TBC ONLINE FORUM FOR PRIVATE CLIENT PRACTIONERS Kieran Bowe, Russell-Cooke TBC 22.11.23 | 12.30 – 1.30pm | Webinar | Family DEALING WITH LITIGANTS IN PERSON – TOP TIPS FOR FAMILY LAWYERS Gemma Kemp, Penningtons Manches Cooper 30.11.23 | 6.00 – 10.30pm | Social AGM 2023 & LEGAL BRAIN OF SURREY QUIZ Venue TBC

DECEMBER 2023 07.12.23 | 12.30 – 1.30pm | Webinar | Business Skills SUPPORTING SURREY – LEGAL PROJECT MANAGEMENT, HOW IT CAN HELP YOU? Antony Smith, Legal Project Management Sponsored by Pro Drive SLS PRICING Webinars & Workshops (1 hour): Member Fee: Free of Charge; Non-Member Fee: £25+VAT (including notes and a copy of the recording) Online Courses (2 hours): Member Fee: £50+VAT; Non-Member Fee: £100+VAT (including notes and a copy of the recording).

Courses (3 hours): Member Fee: £95+VAT; Non-Member Fee: £180+VAT (including notes, refreshments and networking).

All courses will be held at the TWM Offices, 65 Woodbridge Road, Guildford GU1 4RD. Social Events & Awards: Details of fees will be announced with the invitations for each event.

MEMBER OFFERS Buy one course (online or in-person) and get a second one of the same type half price.

Book one SLS Training course in 2023 and receive a second one at half the price. The two courses must be the same type of training and booked together.

Season Ticket Book 4 or more courses (online or in person) and receive a 20% discount on those or any further courses booked in the same year. This offer does not apply to the Managing Partner’s Event or any other social events.

To redeem an offer, bookings should be emailed to elouise.enright@surreylawsociety.org.uk, or call Helen on 0333 577 3830. ■

For more information on all Surrey Law Society Training & Events, please visit: www.surreylawsociety.org.uk 12 | SURREYLAWYER

ADVERTISING FEATURE

Clio Announces Appointment of New General Manager, EMEA in Support of Regional Growth

Sarah Murphy will lead Clio’s EMEA organization as growth accelerates in the region Clio, the leading legal technology platform, today announced the appointment of Sarah Murphy as the General Manager of EMEA. In this role, Murphy will spearhead strategic growth initiatives and play a crucial role in empowering legal professionals through transformative technology solutions.

“Sarah has had an enormous impact scaling our high-performing teams across the EMEA region in her role as interim general manager” said Ronnie Gurion, Chief Operating Officer at Clio.

“She is a dynamic leader who lives and breathes our brand, and I’m confident she will continue to drive success for our customers, business, and teams. Her legaltech expertise will be critical as we continue to drive more value for legal professionals across the EMEA region.”

Since joining Clio in 2021, Sarah has played an integral part of Clio's regional operations, and go to market strategies. She recently led the launch of Clio Payments to the UK market, offering customers built-in payments functionality for seamless and effortless reconciliation of legal payments. Sarah has also driven the expansion of Clio's customer base in the EMEA region to more than 1,000 customers, which, along with new product updates and enhancements, has propelled growth of Clio's market presence substantially in the UK and Ireland. Today, Clio is used in more than 100 countries globally, including many countries throughout EMEA.

Sarah brings over two decades of sales and marketing leadership experience to her role at Clio. Prior to joining Clio, she held several leadership positions at Sky and served as Head of Marketing for both Scurri and Social Talent, gaining valuable SaaS tech industry experience. As General Manager, she will continue to drive customer-focused strategies and explore new opportunities where Clio can have impact.

“Since entering the UK market in 2013, Clio has shown an unwavering commitment to solicitors across the EMEA region with products specifically built to help them run their practices more effectively and efficiently,” said Murphy. “In my time as Interim General Manager, I’ve had the incredible opportunity to build this team to meet the demands of a flourishing legal market. The opportunity to scale our impact has never been greater. I'm looking forward to this next chapter with the support of our wider global leadership.”

As the new GM of EMEA, Sarah will lead the region from its EMEA headquarters in Dublin, Ireland. ■

SURREYLAWYER | 13

SLS AWARDS 2023

O

n 12th October, 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 Evelyn Partners.

For the first time, the event moved to G Live in Guildford, which allowed for many more attendees, and we were pleased to host almost 300 guests on the night, comprising finalists, member firms, sponsors, judges, and guests from some of our counterpart local law societies.

The evening began with a welcome drinks reception, sponsored

by ReviewSolicitors, where guests could pose for photos either in front of our sponsors backdrop or glitzy photobooth, whilst being entertained by a close-up magician and silhouette artist.

The magic continued throughout a delicious dinner, which commenced with a welcome by SLS Interim Co-President Kieran Bowe, as well as an introduction to our chosen charity for the year, The Samson Centre. Those in attendance were then treated to a phenomenal performance by band Django’s Jive and a thoroughly enjoyable after-dinner speech by our special guest speaker, comedian Shaparak Khorsandi. The evening also concluded with a casino and jazz after the Awards had taken place, where guests could enjoy drinks and music whilst trying their luck on the blackjack and roulette tables.

This year’s Awards saw 47 finalists represented across 11 categories, more than ever before, with a 22% increase in nominations received this year. 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. The Society paid tribute to David Steed, who has judged the programme since its inception in 2018, and who sadly passed away suddenly a few weeks ago. David was a long-time friend of the Society, past President and valued member, and he will be sadly missed.

We were delighted to offer congratulations to all our very worthy finalists, but in particular to our winners and highly commended nominees, who were: • Law Firm of the Year: Russell-Cooke LLP (Highly Commended Nominee: Stevens & Bolton LLP) • Lawyer of the Year: Helen Clifford, Helen Clifford Law (Highly Commended Nominee: Jon Creswick, Howell-Jones LLP) • Employer of the Year: TWM Solicitors LLP • Equality & Diversity Champion: Howell-Jones LLP • Family Law Team of the Year: KGW Family Law • Junior Lawyer of the Year: Charles Mellor, Creighton and Partners 14 | SURREYLAWYER

• Lifetime Achievement Award: Karen Barham, Moore Barlow LLP • Private Client Team of the Year: Howell-Jones LLP • Property Law Team of the Year: Peacock & Co Solicitors (Highly Commended Nominees: Morr & Co LLP and Nichols Marcy Dawson LLP) • Support Team Member of the Year: Diane Algar, Howell-Jones LLP (Highly Commended Nominee: Ashley Burrow, Meadows Ryan Solicitors) • Team of the Year: Howell-Jones Elderly Client & Vulnerable Adult Team You can see some comments from the judges about our winners next to their pictures. 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.

The whole evening was a great 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: Evelyn Partners Drinks Reception Sponsor & Sponsor of EDI Champion Award: ReviewSolicitors Entertainment Sponsor: Helen Clifford Law Sponsor of the Employer of the Year Award: On Point Data Sponsor of the Family Law Team of the Year Award: Guildford Chambers Sponsor of the Junior Lawyer of the Year Award: Verify 365 Sponsor of the Lawyer of the Year Award: Groundsure Sponsor of the Private Client Team of the Year Award: Southey & Co Sponsor of the Property Law Team of the Year Award: Landmark Information Group Sponsor of the Support Team Member of the Year Award: tmgroup Sponsor of the Team of the Year Award: Actionstep We very much hope that you get involved in our 2024 Awards programme, the categories will be announced in the coming months, so be sure to start thinking about who you might like to nominate! ■

SLS AWARDS 2023

SLS Legal Awards 2023 A SPECIAL FEATURE CELEBRATING THE OUTSTANDING WORK OF SURREY LAW SOCIETY MEMBERS

SURREYLAWYER | 15

EVENTS

The Results are in!

LAW FIRM OF THE YEAR: Winner: Russell-Cooke LLP with Rod Milne (Evelyn Partners) The judges commented, ‘the firm has combined financial success and client satisfaction with a recognition of its responsibilities to both the next generation of solicitors and its wider community. An exemplar of how a modern law firm should operate and a very worthy winner of the 2023 Law Firm of the Year Award’.

Highly Commended Nominee: Stevens & Bolton LLP

Law Firm of the Year Winner, Russell-Cooke LLP

LAWYER OF THE YEAR: Winner: Helen Clifford (Helen Clifford Law) with Andy Crawshaw (Groundsure) The judges commented, ‘the 2023 Lawyer of the Year has consistently achieved phenomenal results for their clients.

They are regarded as an expert personal injury solicitor. They campaign for improved health and safety at work and are a vocal opponent of bullying within the legal profession. A very worthy winner.

Highly Commended Nominee: Jon Creswick, Howell-Jones LLP

Lawyer of the Year: Helen Clifford, Helen Clifford Law

EQUALITY & DIVERSITY CHAMPION: Winner: Howell-Jones LLP with Adam Hall (ReviewSolicitors) The judges commented, ‘this category was introduced to this year’s Awards programme to recognise an individual, team or firm who have made a significant contribution to diversity within and across the legal profession over the past three years. The winning firm has shown great commitment to ensuring that all staff feel valued and are a shining beacon of what equality and diversity looks like in practice’.

Equality & Diversity Champion: Howell-Jones LLP 16 | SURREYLAWYER

EVENTS

The Results are in!

EMPLOYER OF THE YEAR: Winner: TWM Solicitors LLP with Kevin Johnson (On Point Data) The judges commented, ‘a strongly contested category, with nominations received from all the shortlisted firms demonstrating so clearly why they are employers of choice in Surrey. The winning firm were able to demonstrate commitment and best practice by way of a wide range of evidence including a suite of policies and should be rewarded for creating a place where people really want to work’.

Employer of the Year: TWM Solicitors LLP

FAMILY LAW TEAM OF THE YEAR: Winner: KGW Family Law with Suzanne Kelly (Guildford Chambers) The judges commented, ‘the Family Law Team of the Year is a small, niche family practice that has gone from strength to strength. The judges commented that from the get-go its founder has shown real commitment to resolving family cases in a non-confrontational way and is committed to resolving matters outside the court arena wherever possible. The firm has been at the forefront of new models to assist families going through breakup and is almost unique in Surrey in being able to offer arbitration, collaborative law, and mediation – all of which are at the very heart of their practice’.

Family Law Team of the Year: KGW Family Law

JUNIOR LAWYER OF THE YEAR: Winner: Charles Mellor, Creighton and Partners with Mev Dzihic (Verify 365) The judges commented, ‘the junior lawyer of the year award celebrates an exceptional standard of work as well as great dedication to the role of a junior lawyer and it was wonderful to have received such exceptional nominations from our finalists, all demonstrating that the profession is in safe hands as we look to the future. The 2023 Junior Lawyer of the Year stood out for their hard work and diligence as well as their contribution to pro bono work and their impressive advocacy skills. A very worthy winner’.

Junior Lawyer of the Year: Charles Mellor, Creighton and Partners SURREYLAWYER | 17

EVENTS

The Results are in!

PRIVATE CLIENT TEAM OF THE YEAR: Winner: Howell-Jones LLP with Gary Shaw (Southey & Co) The judges commented, ‘this year’s private client team of the year are worthy winners because they have demonstrated that they provide an excellent all-round service for their clients. In particular, they combine exceptional teamwork with innovation in the form of their Vulnerable Adult and Elderly Client team, providing support beyond legal services alone’.

Private Client Team of the Year: Howell-Jones LLP

PROPERTY LAW TEAM OF THE YEAR: Winner: Peacock & Co Solicitors with Allie Parsons (Landmark Information Group) The judges commented, ‘demonstrating a flair for collaboration between its specialist teams, the firm has delivered praiseworthy outcomes for a diverse portfolio of clients; not infrequently in complex matters and issues.

The resulting feedback from clients, delighted with the service that the firm has provided, is nothing short of compelling. In a hotly contested category, enormous congratulations must go to all those at Peacock and Co Solicitors, for this incredible nomination’.

Highly Commended Nominees: Morr & Co LLP and Nichols Marcy Dawson LLP

Property Law Team of the Year: Peacock & Co Solicitors

SUPPORT TEAM MEMBER OF THE YEAR: Winner: Diane Algar, Howell-Jones LLP with Christian Whittaker (tmgroup) The judges commented, ‘the Support Team of the Year Award recognises how support staff members make special contributions to their organisation and their clients.

The judges commented that the winner of this award has demonstrated just that, they are clearly a valued and experienced member of the team and actively assist with the training of newcomers into the firm. The archive project that they led on was a huge undertaking for the firm and they are a very worthy winner of this award.’

Highly Commended Nominee: Ashley Burrow, Meadows Ryan Solicitors 18 | SURREYLAWYER

Support Team Member of the Year: Diane Algar, HowellJones LLP

EVENTS

The Results are in!

TEAM OF THE YEAR: Winner: Howell-Jones Elderly Client & Vulnerable Adult Team with Oliver Tromp (Actionstep) The judges commented, ‘this year's Team of the Year is an elderly client and vulnerable adult team, formed in 2023.

They provide streamlined and specialist individual services to numerous elderly and vulnerable clients. In addition to supporting their clients with Lasting Powers of Attorney and Deputyships, the team also provides emotional and practical support. They combine kindness and empathy with extraordinary client care.’

Team of the Year: Howell-Jones Elderly Client & Vulnerable Adult Team

LIFETIME ACHIEVEMENT AWARD Karen Barham This year, we were proud to award a Lifetime Achievement Award to a very special member of the SLS community, the incredible Karen Barham. Karen was presented with the Award by Interim Co-President of the Society, Nick Ball.

She was recognised for her outstanding work in the field of family law and mediation, and we are pleased to share some of the many comments that we received from her colleagues, peers and associates which were read out on the night.

She is a whirlwind of good ideas with a steely capacity to follow through on them. Her work in promoting dispute resolution in the field of family law is an invaluable contribution to the good of family law and for hurting families everywhere.

Her unwavering dedication and innovative contributions have left an indelible mark on our profession. Her pioneering work in Resolution and mediation has not only shaped the industry but also inspired countless legal professionals to strive for excellence.

Her generosity in sharing her knowledge and mentoring others has positively impacted the careers of numerous individuals. Her guidance and support have been instrumental in nurturing the talents of emerging legal professionals, leaving an enduring legacy of mentorship.

She has been at the forefront of the drive to move away from a confrontational court-based approach to resolving family issues. Her drive and passion is an inspiration to the local family law community.

Among the many distinguished lawyers in the Surrey law community, few can be as deserving as her of this lifetime award.

Lifetime Achievement Award: Karen Barham She has devoted her career to the field of Family law and for some 20 years now she has specialised in resolving family disputes without recourse to the Court. There are doubtless innumerable families who have benefited from her expertise and skill in resolving their disputes calmly and professionally.

She will always want to improve things for others, whilst being able to recognise what is right for herself, her colleagues, friends, and family. Her sense of humour combined with her forthright approach makes for an often successful combination at even the trickiest of times.

Her ability to combine legal acumen with empathy and a forward-thinking approach sets her apart in the legal community. Her tireless advocacy for mediation showcases her exceptional dedication to making a difference outside of the courtroom but also in society at large.

SURREYLAWYER | 19

ADVERTISING FEATURE

Charting a Sustainable Future Landmark's CPD Accredited Sustainability Training Services

I

n a world facing the ever-growing challenges of climate change, sustainability has become more than just a buzzword; it's a global imperative. As we stand at the precipice of a crucial transformation towards a lower carbon economy, knowledge and expertise in sustainability are paramount.

At Landmark, we recognise the urgency of this transition and are proud to introduce our sustainability training services with the credibility of a CPD accreditation, designed to equip professionals with the skills and knowledge needed to make a difference.

Understanding the Wider Context Our sustainability training services are carefully crafted to provide you with a comprehensive understanding of the broader landscape of climate change. We delve into the intricate details of how international and UK laws have evolved to address this pressing issue. More importantly, we explore how these regulations will be implemented across various industry sectors.

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Our Specialised Workshops Our CPD accredited sustainability training workshops cover a range of essential topics, catering to professionals at different stages of their sustainability journey: 1. Climate Change Courses: These sessions provide a solid foundation in understanding climate change, its legal framework, and its implications across industries. By the end of the course, you'll be well-prepared to advise your clients confidently.

20 | SURREYLAWYER

2. Net Zero Workshops: Designed for those embarking on their net-zero journey, these workshops guide you through the intricacies of recording, compliance, and setting sciencebased targets.

3. TCFD Workshops: For firms looking to disclose climaterelated risks and opportunities, our TCFD workshops offer the knowledge to understand financial exposure and build resilience for the future.

4.ESG Workshop: If you're involved in ESG due-diligence for corporate transactions or advise on mergers and acquisitions, these workshops are tailored to meet your needs, including those with private equity and investment clients.

Providing Solutions Our commitment to sustainability goes beyond training. We offer detailed climate change data for every stage of the property cycle. By partnering with Landmark, your firm gains a trusted ally in transitioning towards a more sustainable future.

Taking Action The impact of climate change is undeniable, and its consequences touch every aspect of our world. Climate change risk management is set to become even more critical in the years ahead. At Landmark, we are deeply committed to sustainability, and our actions reflect this commitment. We understand the importance of collective efforts in addressing climate change and are dedicated to playing our part.

Landmark's CPD accredited sustainability training services are your gateway to understanding, engaging with, and actively contributing to a sustainable future. As the world changes, be the change-maker your clients need.

Join us in this transformative journey towards a greener, more sustainable tomorrow. Learn more about our services - https:// www.landmark.co.uk/legal-conveyancing/sustainability-trainingservices/ ■

pic by Nicholas Doherty on unsplash.com

XXXXXXXXXXXX

Empowering legal experts to navigate climate change challenges.

Landmark Information not only offer climate change reports but also sustainability consultancy.

Our CPD-accredited sustainability training workshops cover a range of essential topics, catering to professionals at different stages of their sustainability journey: 1. Climate Change Courses: These sessions provide a solid foundation in understanding climate change, its legal framework, and its implications across industries. By the end of the course, you’ll be well-prepared to advise your clients confidently.

2. Net Zero Workshops: Designed for those embarking on their net-zero journey, these workshops guide you through the intricacies of recording, compliance, and setting science-based targets.

3. TCFD Workshops: For firms looking to disclose climate-related risks and opportunities, our TCFD workshops offer the knowledge to understand financial exposure and build resilience for the future.

4. ESG Workshop: If you’re involved in ESG due-diligence for corporate transactions or advise on mergers and acquisitions, these workshops are tailored to meet your needs, including those with private equity and investment clients.

For more information visit

landmark.co.uk/sustainability-training-services SURREYLAWYER | 21

ARTICLE

Gary Shaw

Getting to know Southey & Co An interview with Key Account Director, Gary Shaw 1. Can you tell us about your background and experience in the field of property law and private client services?

What drew you to join Southey & Co? I have dedicated the past 3 years of my career to specialising in the legal services industry, I honed my skills at a reputable probate lender who were first to market and a market leader.

During my time there I had the privilege of handling a diverse range of cases, from complex transaction to intricate estate planning matters. Prior to this, and for my sins, I spent around 15 years as a corporate bank manager where my experience extended to the property sector, dealing with and financing commercial, residential and retail properties.

After getting to know the leadership team at Southey and Co, as a client, it was obvious that the that they have a sterling reputation and that their track record of delivering exceptional legal services to the private client sector is unparalleled.

The depth of expertise and the commitment to client-centric solutions aligns seamlessly with my own professional values.

2. Could you describe the unique aspects or specialised services that this property company offers to private client solicitors?

Absolutely, Southey and Co distinguishes itself in several key areas that make it a prime choice for private client solicitors seeking specialised services in the field of probate property. It has been simply described by some clients as a ‘wrap around service’ for all things probate property related. In short, Southey and Co offer bespoke solutions to solicitors who are managing an estate where the main asset is the property. For me there are 22 | SURREYLAWYER

4 keys points of the property management stage – Insurance, Valuation, Maintenance and Sale. These specialised services, combined with unwavering commitment to excellence, set Southey and Co apart as a leading choice for private client solicitors.

3. What are your primary responsibilities and goals in your new role here? How do they align with the company's mission and vision?

In my new role here at Southey and Co, my primary responsibilities revolve around providing top-tier legal support to the private client sector. Moreover, I am committed to ensuring that each client receives personalised attention, tailored solutions and the highest level of attention given that we are dealing (in many instances) with the main asset in the estate.

These responsibilities directly align with Southey and Co’s mission and vision. By providing specialised expertise in dealing with probate property, I contribute to the firm’s reputation for excellence and its dedication to meeting the unique needs of each client.

4. In your opinion, what are some emerging trends or challenges that private client solicitors should be aware of in today's market?

In the realm of Probate property there are many emerging trends and challenges that are shaping today’s market. However, no two probate matters are ever the same. The biggest challenges I come across relate to the length of the probate process, and the fluctuating property market conditions due to external economic factors.

ARTICLE

Firstly, obtaining probate has become a lengthy process in the UK. In general conversation with industry experts, it is clear that in many instances, professionals have their hands tied and are reliant on the probate registry. This can create lengthy delays, delays which impact the property in the estate and can lead to extreme costs relating to managing the property from an insurance, maintenance, and valuation perspective.

Secondly, in the property market today, with interest rates steadily increasing and the cost-of-living crisis biting, higher monthly mortgage payments mean potential homebuyers need to be certain that a property is right for them before making an offer. This has led to an increased number of sellers reducing their asking prices to secure a sale. Last month, 36% of properties listed for sale were reduced, which is 5% higher than the 5-year pre-pandemic average for this time of year, and the highest overall number since 2011.

the executor) was tasked with potentially separating out the commercial and retail units from the residential units to value the estate for IHT purposes.

Given all that was happening in the estate, the solicitor did not have the capacity to arrange this. We had our team contact the relevant parties and arrange the valuations for all of the properties without the solicitor having to get involved. We have since provided all the reports and expect to be required to provide ancillary services to the estate such as insurance and maintenance, and, when the time is right, to market most of the properties as soon as the litigation process has concluded.

This was a great example of how we take the complex issues from the solicitor’s desk and put them on to ours. ■

For a probate matter, these two factors combined, mean that it almost becomes essential for a property management company, such as Southey and Co to manage the process from end-to-end.

5. Can you share an example of a recent success story that the company has been involved in?

Of course! One of our recent notable success stories involved a complex estate with circa 80 properties. These properties were made up of retail, commercial and residential units. It had become contentious, and our client (who represented

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SURREYLAWYER | 23

COUNCIL MEMBER’S REPORT

Council Member’s Report Sushila Abraham

I

hope all of you are making the best of the sunshine whilst it is still around. We now head into a new legal year.

I do not like to start on a sad note, but it is with great sadness that I write to let you know that former Council Member at the Law Society for Surrey and past President of SLS David Steed passed away on Tuesday 19th September 2023. I know all of you would join me to convey our condolences to David’s family.

I would like to thank all of you for having your trust in me as your Council Member and I am pleased to be able to serve you all for another term. I would like to take this opportunity to thank my fellow Council Member Alastair Logan who retires in October from Council. Alastair has done a lot of work on Council and for Surrey Solicitors. His contributions to Council meetings have been invaluable. I am sure Alastair will continue to remain active on SLS. At the meeting on 11th October 2023. Nick Emmerson became the 179th President of the Law Society, Richard Atkinson as Vice President and congratulations to Mark Evans on being elected as the Deputy Vice President. Our congratulations to all of them and our thanks to Lubna Shuja the outgoing President.

Matters have been raised with me about firms being removed from the Lenders Panel due to lack of conveyancing transactions. I am looking to see if any of you have had that experience, as it is anticompetitive practice of mortgage lenders in relation to their panel appointments. Please can you email me if you have been affected, as this is something we will need to take up with the Competition and Markets Authority.

You would have read about the concerns raised by the Law Society and the Bar Council expressing grave concerns about lawyers being targeted and criticised for doing their job – A joint statement was put out and can be read at: Law Society and Bar Council joint statement on Jacqueline McKenzie | The Law Society (https://www.lawsociety.org.uk/contact-or-visit-us/pressoffice/press-releases/law-society-and-bar-council-joint-statementon-jacqueline-mckenzie).

Currently, we have a consultation relating to the Chartered Institute for Legal Executives (CILEX.) application to be regulated by the SRA The consultation document proposes that Legal Executives should cease to be regulated by CILEX Regulation Limited but instead come under the SRA. This is alongside many other proposals. You can find the consultation here CILEX Consultation Launch | Enhance Trust & Confidence (https://www.cilex.org.uk/ about_cilex/consultations/royal-charter/). The consultation closes on 5 November 2023. SLS will be responding to the consultation and there will be a detailed response by the Law Society. A special meeting of Council has been called to deal with this matter.

The Law Society is continuing to look into the differential 24 | SURREYLAWYER

attainments of ethnic students taking the SQE exams. The Law Society would like to hear from members with experiences. Please do email me if you have any questions or comments on this matter.

We are now in the renewal season of our Indemnity Insurance and Practising Certificates. We have seen an increase in both. This will be challenging for Surrey Solicitors and if I can help in any way, please do not hesitate to contact me. I would welcome feedback about your experience in this matter.

We had the remote Local law Societies conference on 13th September 2023, and it was well attended. We had an address by the Legal Ombudsman who outlined the new Scheme Rules as of 1st April 2023. There are three key areas for change: • the time limits for bringing complaints • discretion to dismiss or discontinue complaints • discretion to decline to issue an ombudsman decision As you all know Access to Justice is a cornerstone of our democracy and our profession but unfortunately it does not appear to be important to our government whose persistent defunding of the Justice system has brought it to its knees. We need to see change. The effects can be seen in our court system, the land registry, the probate registry, and the reality that justice is out of reach for those living in poverty or of modest means because the legal aid system has been virtually destroyed. Will AI and human expertise be the answer? I will update you after these issues have been debated by Council and we know what the Law Society proposes as to its actions for our members.

I would once again request that if you have not updated your details on MyLS then please do it and if you have not registered on MyLS then please do register in order to receive updates etc.

I am here if you have any issues that you wish to discuss with me and would like me to take to the Law Society. ■

Sushila Abraham

Law Society Council Member for Surrey

REPORT

Beth Quinn

The Law Society Report Justice delayed as thousands of cases wait more than two years to be heard Figures published on 28 September for the backlogs in the Crown and magistrates’ courts show more than 400,000 cases remain outstanding at the end of June this year, with a record high in the Crown Court.* Backlogs are continuing to rise as new data shows: • 345,285 outstanding cases in the magistrates’ courts, up 2% on the previous quarter; • 64,709 outstanding cases in the Crown Court, an increase of 4% on the previous quarter and the highest Crown Court backlog on record; • 17,649 of Crown Court cases had been outstanding for a year or more, including a record 6,427 delayed for more than two years.

The Law Society of England and Wales President, Lubna Shuja, has called for urgent investment across the entire criminal justice system to prevent it from collapsing.

Civil Legal aid review The Ministry of Justice commissioned an independent online survey as part of its Review of Civil Legal Aid (RoCLA). Those that provide civil legal aid were invited to participate in this online research survey which aimed to explore legal aid providers’ experiences of the civil legal aid sector and how it operates. All survey responses received helped build a robust evidence base for the review and contributed to the sustainability of legal aid.

The hub is a one-stop-shop for member support with ethics issues and includes helpful resources such as guidance, case studies, event notifications and updates from the programme.

Talented aspiring solicitors awarded coveted scholarship 14 talented aspiring solicitors have been awarded a sought-after scholarship by the Law Society of England and Wales’ Diversity Access Scheme (DAS) to help them qualify.

DAS aims to help improve social mobility and diversity in the legal profession by supporting people who face exceptional social, educational, financial or personal obstacles to qualifying as a solicitor. To date, the scheme has supported nearly 300 talented trainees to pursue their career ambitions.

2024 will be a landmark year for DAS, as the Law Society will celebrate 20 years since the scheme began. Any aspiring solicitor who is facing particular challenges on their way to qualification are encouraged to consider applying for a place on the Diversity Access Scheme. Applications for the next cohort of DAS awards will open in February 2024. ■

Beth Quinn

Key Account Manager, The Law Society

Professional ethics programme launched The Law Society of England and Wales has launched its professional ethics web hub as part of its three-year programme to support our members balance their obligations to their clients and wider society.

SURREYLAWYER | 25

FEATURE

Alastair Logan OBE

Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 – There may be trouble ahead…

“Man’s capacity for justice makes democracy possible, but man’s inclination to injustice makes democracy necessary.” — Reinhold Niebuhr WHAT ARE THE FACTS? Every day of the year marks the anniversary of someone’s death as a result of conflict in and about Northern Ireland. 3,720 people were killed as a result of the conflict. Approximately 47,541 people were injured. There were 36,923 shootings and 16,209 bombings. Between 1969 and 1998, 1,533 of the deaths as a result of the conflict were young people under the age of 25. 257 of those killed were under the age of 18. The largest age group (25% or 898 people) killed between 1969 and 1998 were those between the ages of 18 and 23. As of 1998, the largest group (54%) of the deaths as a result of the conflict were civilians. As of 1998, the largest group (68%) of those injured . were civilian 1 Overall, of those who were killed 52% were civilians, 32% were members of the British security forces and 16% were members of paramilitary groups. Republican paramilitaries were responsible for some 60% of the deaths, loyalists 30% and security forces 10%. Statistics about killings during the Troubles suggest that 87% of killings were perpetrated by paramilitary groupings, with the figure falling to 85% if evidence to date about collusion between paramilitary organisations and British state forces is taken into account. Responsibility for many of these killings is still disputed. Classifications of responsibility will continue to change as further evidence comes to light.

20 years on from the signing of the Good Friday Agreement over one third of killings carried out in Northern Ireland during the Troubles from January 1969 to the signing of the Good Friday Agreement on April 10 1998 are still being investigated by police. There were over 3,720 homicides in Northern Ireland from January 1969 to the signing of the Agreement, while hundreds more people were killed elsewhere in violence linked to the conflict. 1,186 of the Northern Ireland deaths are still part of the caseload of the Legacy Investigation Branch (LIB) of the Police Service of Northern Ireland (PSNI). The figures represent an increase on numbers reported last year. “The police facing these ongoing enquiries are trying to unravel things that happened years ago. Where evidence is possible they’re prosecuting, where evidence is possible they are following it up, but in many cases the trail is cold and so they have still on their books…cases they’ve been unable to (investigate) further.”2 The latest PSNI figures are: 53 legacy inquests with the Coroners Service (these cases relate to 94 deaths).

27 legacy files actively being considered by the Attorney General’s office.

165 historical matters currently under investigation by the Police 26 | SURREYLAWYER

Ombudsman’s office, where a further 258 such cases are pending.

Of the 1,186 killings that the PSNI’s Legacy Investigation Branch is assessing: 45.5% are attributed to republican paramilitaries.

23% are attributed to loyalist paramilitaries.

28.5% are attributed to the security forces.

For the remaining 3% of deaths, the background of those primarily responsible is unknown.

As to the Legacy Inquests being dealt with by the Coroners Service, of the 94 deceased who make up the legacy inquests, 60% were civilians who were not members of paramilitary organisations, 33% were members of republican paramilitary groups, 3% were involved in loyalist paramilitarism and 4% were members of the RUC. 81% were Catholic and 19% were Protestant. 55% were killed by state forces, 28% were killed by loyalists and 17% were killed by republicans. Nine of the killings occurred after the Good Friday Agreement was signed but are still considered legacy cases by the Coroners Service due to their political nature.3 WHAT DO THE LOVED ONES WANT? Lord Robin Eames, is an Anglican bishop and life peer, who served as Primate of All Ireland and Archbishop of Armagh from 1986 to 2006. He believes the legacies of the Troubles won't be solved by the new legislative proposals by the UK government.

He sums it up thus: “First of all you have to relate that fact to the whole issue of what the legacy problem is. People look for justice. One person will expect to see somebody in the dock accused of a particular crime. Somebody will say that’s justice. Somebody else will argue ‘I simply want to know what happened’ and the third person doesn’t really know what they want. We also have to acknowledge many of the victims of those years are passing on. It’s one thing to investigate crimes to get a prosecution, it’s another to realise that as time goes on and time passes, much of those enquiries will have to be centred on simply ‘what do we know happened all those years ago.’ It’s a question of, do you keep those investigations going after all these years or do you simply say, ‘this is part of our history, and there is nothing we can do about it?” That is the opinion that many people are forming at the moment and it is very frustrating for relatives and victims. I know many of those people and I can share some of their sheer frustration.” ‘He believes that ‘Patient listening’ is crucial to promoting and finding reconciliation between divided communities. Listening doesn’t mean agreeing on everything, a sentiment he thinks Northern Ireland often questions. And that the church can play a role in this process.4

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So there are those who want the police investigations and prosecutions to continue and those who do not but want another form of closure. No one solution will satisfy everyone.

Apart from the fact that time is the enemy of a full investigation there is the reality that in many cases it will simply not be possible to provide any factual information beyond that already known to the victims and their loved ones. In many, if not most, of the un-solved killings attributed to paramilitary groups the only information that is likely to be forthcoming would be a confession by the perpetrators or the discovery of some other cogent evidence as to the perpetrators and the reason for the crime. Reality says that there is no motivation for such a confession unless there is a real likelihood of a prosecution. In cases where the state forces were involved there has been a long history of concealment, obfuscation and deliberate failure to disclose the existence of relevant material. State security provides a continuing reason for saying nothing. As one victim said recently: “Do they think that wiping the slate clean will stop us hurting, stop us remembering or prevent us from wanting justice? No it will not. I want confessions, I want justice, I want answers. I have no amnesty on my pain or my grief.”

WHAT DOES THE NEW LAW PROVIDE? Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (the Act) provides: 1. A new body is to be established called the Independent Commission for Reconciliation and Information Recovery (ICRIR). It is to be led by a panel of up to 5 Commissioners including a Chief Commissioner and a Commissioner for Investigations 2. That the Commissioner for Investigations will be responsible for the ICRIR’s investigative functions and for carrying out investigations into troubles related deaths and cases of serious injury. The Chief Commissioner will chair the judicial panel that will take decisions regarding requests for immunity. He will have the powers of a police constable and nothing more.

3. That the ICRIR will be required to produce and publish a historical record of all troubles-related deaths that are not subject to a request for review consisting of all publicly available information relating to these deaths.

4. That the ICRIR must produce an annual report containing a number of matters including the number of reviews requested and carried out a number of reports produced and the numbers of applications for immunity and their status.

5. The Secretary of State for Northern Ireland must carry out a review of the ICRIR’s performance of its functions by the end of the third year of operation.

6. the Secretary of State will be responsible for appointing the Commissioners who will be responsible for the running and delivery of the functions of the ICRIR. 7. No body in the UK other than the ICRIR can carry out any criminal investigations into Troubles- related incidents. This means that all investigations will stop except where they are being carried out in support of an ongoing prosecution.

Prosecutions for Troubles-related offences not involving death or serious injury or which are not connected to offences involving death or serious injury will also be barred. Any existing case in which a decision has been made to prosecute will be allowed to continue until conclusion.

8. Any person in prison having been convicted of a scheduled or equivalent troubles-related offence may apply for immediate release on licence.

9. That the ICRIR will be fully equipped with the necessary expertise and policing powers so that they can carry out investigations for the primary purpose of information recovery as well as being able to refer cases directly to prosecutors if there is evidence of an offence for which someone has not been granted immunity.

10. That the ICRIR will not investigate every death or case of serious injury that resulted from the Troubles. The Commission will be demand led and only take forward reviews when requested by someone entitled to make such a request which provides that close family members may make such a request or if there is no close family member then the Commissioner for Investigations may determine whether it is appropriate for another family member to make a request for a review.

Survivors of serious injury caused directly by the Troubles may request a review into the conduct that resulted in that injury. The Secretary of State may request a review of either a death or a case of injury and the Attorney General for Northern Ireland, the Advocate General for Northern Ireland and the relevant coroner in Northern Ireland, England and Wales or the equivalent in Scotland may request a review of a death. A request for a review can only be made within the first five years of the ICRIR’s operation. This suggests that it is the planned lifetime of the IRCIR .

11. Any specific questions about the death or case of serious injury made by those able to apply for a review places a duty on the Commissioner for Investigations to consider these as part of the investigation.

12. It will be for the Commissioner for Investigations to decide the form and manner in which a review is taken forward.

The Commissioner for Investigations decides how and when different reviews are carried out including what steps are necessary to carry out the review and whether different reviews should be carried out in conjunction with each other and must take into account any previous investigation that has taken place but not to duplicate any aspect of a previous investigation unless necessary.

13. The Commissioner for investigations will be able to designate senior ICRIR officers with these powers enabling them to secure the information and evidence required for their investigations. The Commissioner for investigations will also have the power to compel individuals to engage with the review and the information recovery process with the possibility of up to £1000 financial penalty for individuals who do not comply with requests from the ICRIR. 14. The ICRIR will have full disclosure from UK government departments, agencies and devolved bodies ensuring that it has all the evidence it needs to establish what happened in each case.

15. Immunity from prosecution for conduct relating to a Troubles-related death or serious injury can be applied for but will only be granted in respect of conduct disclosed by an individual as part of their application. It will not extend to all Troubles related conduct that an individual may have been involved in but which has not been disclosed and an individual cannot apply for immunity from prosecution in relation to an offence for which they already have a conviction. The criteria for immunity from prosecution requires the individual to make an application to the ICRIR for immunity and satisfy it that the individual has provided an account which is true to the best of their knowledge and belief and which describes conduct which forms part of the Troubles. The Panel must be satisfied that the individual’s conduct as described by them in their account could otherwise expose that person to a criminal investigation or prosecution. Further guidance on this is to be issued by the government after the Act comes into force.

Individuals applying for immunity from prosecution will be able to rely on previous statements that they have made in previous investigations but can be asked further questions.

16. The Government contends that those individuals who choose not to reveal what they know remain indefinitely liable to the threat of prosecution. However, this seems unlikely in view of the block on further investigations and prosecutions so that this must mean a prosecution by the ICRIR. That would SURREYLAWYER | 27

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depend on the acquisition of sufficient credible information and the ICRIR remaining in existence.

17. The ICRIR may grant general or specific immunity and if granted immunity no criminal enforcement action can be taken in relation to that offence. If immunity is not granted, criminal enforcement action could be taken in respect of the offence. If the Commissioner for Investigations thinks that there is enough evidence that an offence has been committed the ICRIR can directly refer a case to the relevant UK prosecutor. The duty on the Chief Commissioner to publish a report does not apply where a review was carried out as a result of a request for immunity. In that event the Chief Commissioner must take into account the views of any survivors or close family of any victims of the case in question when deciding whether to publish the report.

18. Reports prepared must be submitted in draft to the person who requested the review and that person must be given the opportunity to make representations in advance of publication. Where the person who requested the review was not a family member the ICRIR should seek to identify close family members or if one cannot be identified another family member to share with them the draft of the final report and provide them with the opportunity of making representations in advance of publication. The Chief Commissioner must also provide a draft final report to anyone criticised within the report and provide them with the opportunity to make representations in advance of publication.

19. The ICRIR will be required to produce and publish a historical record of all Troubles-related deaths that are not subject to a request for a review consisting of all publicly available information relating to these deaths.

20. Inquests that have not progressed to a stage where a substantive hearing has taken place will not be continued.

There is no automatic referral process but in cases where an ongoing inquest must close, families can request that the ICRIR reviews a death as may a Coroner.

21. The Act will prohibit the bringing of new civil claims relating to the Troubles from the date of its introduction to Parliament and any claims brought before the date of the bills introduction to Parliament will be allowed to continue to their conclusion.

22. The Act provides for the identification and funding of organisations with the requisite experience and trust to collaboratively deliver an inclusive oral history initiative with the purpose of encouraging people from all backgrounds to share their experiences of the Troubles. The Act provides for the establishment of a research fund developed in partnership with the Arts and Humanities Research Council to commission new academic studies into themes and patterns relating to the Troubles to inform public understanding through the use of newly available source material. The Act commissions an evidence-based “Memorialisation Strategy” to be published after 12 months making deliverable recommendations on inclusive new initiatives and structures to commemorate those lost during the Troubles to which the Secretary of State for Northern Ireland must formally respond.

“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse, and you say that you are neutral, the mouse will not appreciate your neutrality.” — Archbishop Desmond Tutu WHAT ARE THE CRITICISMS OF THIS ACT? 1. Articles 2 and 3 of the European Convention on Human Rights (ECHR) require that investigations into deaths and serious injuries must be independent, effective, reasonably prompt and expeditious, include a sufficient element of public scrutiny, adequately involve the next of kin and be initiated by 28 | SURREYLAWYER

the state rather than being solely dependent on being raised by the next of kin. The reviews of cases by the ICRIR will not meet these requirements. Additionally the ICRIR appear to lack sufficient scrutiny powers because of the lack of sufficient powers to secure evidence. The Act refers to a review instead of an investigation. When an alleged perpetrator applies for immunity, the immunity requests panel is not required to seek information from anyone else. The European Court of Human Rights (EctHR) has found investigations to be inadequate when investigating authorities have accepted the version of facts presented by the accused without hearing further witnesses.5 Since the ICRIR is obliged to grant immunity if the individual’s account meets the criteria specified in the Act, the process would therefore be likely to be inadequate under the ECHR. Further the review process is demand based. As such the process appears to ignore jurisprudence requiring independent state action in every case. “Whatever mode is employed, the authorities must act of their own motion once the matter has come to their attention. They cannot leave it to the initiative of the next of kin either to lodge a formal complaint or take responsibility for the conduct of any investigative procedures.6 In the case of someone suffering “other harmful conduct” including torture this could only be instigated by a person who suffered a serious injury or by the Secretary of State. There is no equivalent provision authorising a family member to instigate a review process if the victim is deceased.

This means that many allegations of serious human rights violations may go uninvestigated and that Article 3 will be likely to be violated.

2. The conditional immunity scheme does not comply with international human rights law as it would violate the obligation to effectively investigate potentially unlawful killings, torture and cruel, inhuman or degrading treatment. The ECtHR has articulated a general opposition to reconciliation linked amnesties stating that offering immunity for violation of Articles 2 and 3 would diminish the purpose of the protection afforded by those provisions and run contrary to the state’s obligations under the ECHR. Further it has repeatedly held that sanctions cannot be disproportionately lenient including where an individual is granted immunity.7 The ECtHR has repeatedly found the UK to be in violation of the procedural obligations under Articles 2 and 3 in relation to conflict-related crimes in Northern Ireland - some going back more than 20 years.8 The Council of Europe’s Commissioner for Human Rights said in June 2023: “Several judgments related to the legacy of the Troubles have been waiting to be executed for 20 years or more” 3. Due to the low threshold for immunity under the Act, it is likely that criminal prosecution will practically be unavailable in the majority of cases which will become subject to intervention by the ICRIR. 4. Any limitation on the Article 6 Right to a fair trial must be necessary and proportionate in and in pursuance of a legitimate aim. The government argued that the judgement in the Stubbings case9 justified and made legal long limitation periods. However under this Act the foreclosure of all forms of criminal and civil justice alongside the relaxed conditional immunity scheme will leave no option for redress. Arguably the government is seeking to use its prior failures in providing justice for victims and survivors to create a legitimate aim for further restricting rights and it is likely, if not inevitable, that the ECtHR will find that the foreclosure of justice mechanisms is unlawful.

5. The provisions of the Act override the 2014 Stormont House Agreement which had the backing of most of the political parties in Northern Ireland as well as the British and Irish governments. By that Agreement the participants:

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agree that an approach to dealing with the past is necessary which respects the following principles: promoting reconciliation; upholding the rule of law; acknowledging and addressing the suffering of victims and survivors; facilitating the pursuit of justice and information recovery; is human rights compliant; and is balanced, proportionate, transparent, fair and equitable.

The Agreement also established a new independent body to take forward investigations into outstanding Troubles-related deaths called the Historical Investigations Unit. This Unit will cease its work in consequence of the Act. 6. The Bill, when introduced, was opposed by all parties in Northern Ireland including the Democratic Unionist party and Sinn Fein. It is also been opposed by veterans groups, academics and political commentators. A team of academics from Queens University Belfast School of Law, the Human Rights NGO in Northern Ireland and the Committee on the Administration of Justice labelled the Bill “unworkable, in breach of the Good Friday Agreement and binding international law and it will not deliver for the victims and survivors many of whom have waited for decades for truth and justice”. It will also override the devolved institutions in order to achieve its aims brushing aside their widespread opposition to these proposals. Additionally, experts from the United Nations released a statement calling for the withdrawal of the Bill warning that the Bill would substantially hamper victims’ access to remedy before the criminal and civil courts for serious human rights violations and abuses suffered. It would further preclude information recovery and reparations for those victims who have for decades struggled to get justice and redress for the harm endured. They added “the bill appears to conflate reconciliation with impunity as well as oppose legal accountability which is an essential pillar of transitional justice processes to truth information recovery and reconciliation.” They argued that it would undermine the country’s rule of law and place the UK in flagrant contravention of its international human rights obligations. In breaching the Good Friday Agreement it would significantly undermine the Troubles-related peace process and set a damaging and concerning example for other countries to follow coming out of conflict. The Council of Europe Commissioner for Human Rights highlighted serious issues of compliance with the ECHR that the bill raised.

7. There is criticism of the powers the Act gives to Ministers.

The Secretary of State has powers to: Control ICRIR’s funding; Request reviews from ICRIR; Appoint Commissioners to ICRIR, and decide how many Commissioners will make up the Commission; Make rules about the procedure for making and dealing with requests for immunity from prosecution; give guidance (that must be taken account of) about considering whether a person’s account is truthful, whether their conduct is eligible, and what form of immunity can be offered; Give guidance (that must be taken account of) about the identification of sensitive information to ICRIR, police forces in Great Britain and Northern Ireland, Northern Ireland departments, Scottish Ministers and more; Give guidance (that must be taken account of) about whether a review might prejudice the “national security interests of the United Kingdom”; Review and give or withhold permission for the disclosure of sensitive information by ICRIR; Make provision about the holding and handling of information by ICRIR by regulations subject to the negative procedure that may (among other things) make provision about the destruction or transfer of information, confer functions on the Secretary of State or

any other person, or create criminal offences; Provide for biometric material not to be destroyed, and preserved material to be retained, by regulations subject to negative procedure; Review, and if satisfied that it is no longer needed, wind up ICRIR by regulations subject to the affirmative procedure that may also make provision for the transfer of property, rights and liabilities.10 These powers can be exercised by junior ministers.

8. The International Federation of Human Rights, a Federation comprising 192 organisations from 117 countries committed to defending civil, political, economic, social and cultural rights as set out in the Universal Declaration of Human Rights, made the point that while most of the killings in the Troubles were carried out by republican and loyalist paramilitaries some were carried out by the British security forces. The patterns of state human rights violations that fuelled the conflict encompass impunity in relation to direct military killings. But there is also security force collusion with paramilitary groups as well as the use of torture. Such patterns, they say, are by no means unique to Northern Ireland. The gangs and counter gangs counterinsurgency strategies of the UK military were deployed in numerous colonial wars. The “five techniques” and other forms of torture, including waterboarding practised in Northern Ireland, resurfaced in Iraq and elsewhere. The need for accountability to prevent history repeating itself could not be clearer.

9. The Act is supported by the Conservative Party and Representatives of the Northern Ireland Veterans Movement, a group representing 200,000 Army veterans who served in Northern Ireland.

10. There is no legislative consent from the devolved parliaments for Scotland and Northern Ireland.

11. Two high profile firms of solicitors in Northern Ireland with excellent track records for human rights cases have already indicated that they will be lodging applications for families directly affected by the Act. Reports indicate that by the time the Act became law there were 16 legal challenges. The Government of Ireland, who took the UK to the ECtHR over the torture of suspects by state forces and won11, has also indicated that they are taking legal advice on an interstate case over the Act. “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” — Martin Luther King Jr. ■

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

1. https://cain.ulster.ac.uk/victims/docs/group/htr/day_of_reflection/htr_0607c.pdf 2. https://www.thedetail.tv/articles/new-figures-reveal-scale-of-unsolved-killings-from-the-troubles 3. https://www.thedetail.tv/articles/new-figures-reveal-scale-of-unsolved-killings-from-the-troubles 4. https://www.belfastlive.co.uk/news/belfast-news/troubles-killers-told-confess-bombs-10031024 5. Ozalp Ulusoy v Turkey Judgement 4 June 2013 paras 51-54 6. Jordan v the United Kingdom judgement 4 May 2001 paragraph 105.

7. Armani da Silva v UK judgement 30 March 2016 paragraph 285 8. See for example Geraldine Finucane's application for judicial review (2019) UKSC 7 9. Stubbings v the United Kingdom judgement 22 October 1996 paragraph 52 10. https://www.libertyhumanrights.org.uk/wp-content/uploads/2019/12/Libertys-briefing-on-theNorthern-Ireland-Troubles-Legacy-and-Reconciliation-Bill-second-reading-HoL-Nov-2022.pdf 11. Ireland v United Kingdom (1979-80) 2 EHRR 25

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Risks to mental health in the workplace – what are they and how to manage them Elizabeth Rimmer

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t is World Mental Health Day on 10 October: an opportunity to raise awareness and campaign for change. This year we want to highlight the responsibilities of employers to create mentally healthy workplaces.

The traditional view of health and safety in the workplace is evolving to include the risks to mental health in workplaces and a recognition that these need to actively managed. In the legal profession the focus of managing mental health at work has generally been on supporting individuals to cope with the pressures of a career in the law by building their resilience, providing education and access to external support. Although this can be beneficial, workplaces need to go wider and look at their organisational culture and working practices and consider their responsibilities to ensure that they create an environment which supports psychological safety and mental health.

What are psychosocial risks?

Risks to mental health at work, also known as psychosocial risks, are a broad range of factors relating to the workplace and working that can cause psychological harm and can come from: • Work management or design • The work environment • Workplace relationships and social interactions The World Health Organization has identified common risks to mental health at work (Guidelines on mental health at work) and those that are relevant to the legal sector include: • Excessive workloads • Long, unsocial, or inflexible hours • Lack of control over workload or job design • Organisational culture that enables negative behaviours • Poor workplace relationships • Limited support from colleagues, poor management, or authoritarian supervision • Harassment, sexual harassment or bullying • Discrimination and exclusion • Unclear job role and expectations • Low reward and recognition, poor investment in career development • Conflicting home/work demands • Isolated or remote working • Exposure to traumatic events How does exposure to psychosocial risk cause harm?

Some of these risk factors, such as exposure to traumatic events, have the potential to directly cause harm. Legal professionals working in family, criminal, immigration, or crime may develop vicarious trauma because of exposure to the trauma experienced by their clients.

However, for most people, it is a combination of exposure to psychosocial risks at work which can undermine their mental health and lead to anxiety, stress, burnout, or depression.

The legal workplace is characterised by inherent psychosocial risks - working long hours, poor work life balance, meeting the expectations of demanding clients, heavy caseloads, the pressure of deadlines and billing targets, whilst maintaining high standards of ethical and professional conduct.

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This is evidenced by our Life in the Law Study published in 2021, which showed that legal professionals were at high risk of burnout associated with a high workload, working long hours and a psychologically unsafe working environment, and 20% reported being bullied, harassed, or discriminated against.

How can legal workplaces manage psychosocial risk?

The tendency in legal workplaces is to respond to people with work related mental health conditions, once the problem has arisen; the goal should be to prevent work related mental health conditions developing in the first place. Actively managing psychosocial risks is the key to prevention. Employers should assess and identify the workplace risks to mental health, identify who may be exposed to these and which groups may be at particular risk, then take steps to mitigate, modify or remove these risks and monitor the impact these steps have had. Managing psychosocial risks should be embedded in the organisational risk management system.

Practical steps to mitigate risks Start with a strategic review of your organisational culture. Consult with colleagues about their perspectives on this, find out if they feel they work in an environment that fosters trust, respect, and psychological safety where they can speak up about their mental health and work-related concerns. If they don’t, consider and take the steps needed to address this, in particular the role of leaders in demonstrating their commitment to a positive workplace culture and capacity for change.

• Invest in management training so that those with responsibility for others have the skills and capacity to do this effectively • Ensure staff have the support they need – regular 1:1 catch ups with their manager or supervisor and participation in relevant mentoring and peer support schemes • Monitor and manage workloads and ensure staff and teams are adequately resourced • Check in regularly with staff working remotely • Adopt a zero-tolerance policy to bullying, harassment and discrimination • Address poor workplace relationships or conflict • Support staff to work healthy hours, take breaks and their holiday entitlement • Ensure transparent processes for work allocation, reward, and career progression • For those exposed to traumatic events or materials, provide education, support and training • Provide flexible working arrangements e.g., working from home or flexible hours to allow more time for responsibilities outside work and for activities that support mental wellbeing Adopting a proactive approach to managing psychosocial risks supports an engaged, productive, and inclusive workplace which enables people to thrive.

LawCare is the mental wellbeing charity for the legal profession offering free, confidential, emotional support, peer support, and resources to those working in the law. LawCare promotes mental health and wellbeing best practice in legal workplaces and drives culture change in education, training and practice. If you need support call LawCare on 0800 279 6888, email support@lawcare. org.uk or go to www.lawcare.org.uk ■

Elizabeth Rimmer CEO of LawCare

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Expert advises on what your rights to menopause leave are, and what to do if you’ve been discriminated against

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n expert has released comments advising women of the key signs of menopause and how the workplace should protect their employees should their symptoms impact their ability to work.

A government inquiry into menopause in the workplace found that 3 in 5 women between the ages of 45 and 55 have been negatively impacted by symptoms of menopause at work (Source: Women and Equalities Committee).

Despite this, studies indicate that attitudes towards menopause in the workplace are complicated, with The British Menopause Society revealing that 47% of women who take sick leave feel too embarrassed to cite menopause as the reason for doing so (Source: NHS Inform).

To encourage women to act should they feel that their rights in the workplace are being undermined as a result of menopause, Sandra Robbitt, Head of People at Fletchers Group, has outlined the key signs and symptoms and highlighted what responsibilities your employer has to protect you should the menopause impact your ability to work.

What is the menopause?

“Menopause is a natural biological process that occurs at the end of a person’s reproductive years, in which the menstrual cycle comes to an end. It primarily occurs in women, but symptoms can also be experienced by transgender men as well as non-binary and intersex people.”

“Menopause occurs when the ovaries produce less of the oestrogen hormone, preventing them from releasing an egg each month. Perimenopause refers to the transitional period that occurs in the lead-up to menopause, in which your oestrogen levels begin to change and your menstrual cycle starts to shorten. A person has officially reached menopause after 12 consecutive months without having a period.”

“Whilst the age that someone starts experiencing menopause can vary, it typically occurs between the ages of 44 and 55. It can also start earlier in life, either naturally or due to surgery, cancer treatments, or genetics."

What are the symptoms of menopause?

“There are a number of physical and mental symptoms that a person can experience related to menopause. The most obvious will be a change to your menstrual cycle, with irregular and shorter periods being the first sign that you may be perimenopausal and the end of your menstrual cycle indicating that you have entered menopause.”

“The NHS also cites the following as symptoms of menopause: • Changes to your mood (e.g. anxiety, mood swings and lack of self-esteem)

• Problems with memory or concentration (brain fog) • Hot flushes and dizziness • Night sweats • Fatigue and insomnia • Headaches and migraines • Stiff or painful joints and muscles • Fluctuating body shape and weight gain • Dry and itchy skin • Vaginal dryness, itching and pain • Reduced sex drive • Recurring UTIs” How might menopause affect a person’s ability to work?

“Whilst the severity of symptoms can vary from person to person, many of these can directly impact a person’s ability to work effectively.”

“Physical symptoms such as itchy skin, headaches and muscle pain, as well as mental symptoms like lack of concentration, loss of memory and anxiety can all cause significant discomfort and disruption, making everyday tasks at work much more challenging and taxing to complete.”

“Support to help manage any of these symptoms can be found by contacting your GP, who can advise you on the best treatments or lifestyle changes you can implement should the menopause severely impact your day-to-day life.”

What rights do I have if the menopause affects my ability to work?

“Menopause isn’t currently a protected characteristic by law, despite ongoing campaigns to introduce measures protecting women should they require leave from work due to the symptoms that the menopause can bring on.”

“However, if you feel as though any symptoms brought on by the menopause are affecting your ability to work, the Equality Act 2010 will protect you should you experience discrimination from your employer as a result. Despite not being a protected characteristic in its own right, menopause can be considered as related to other protected characteristics, such as discrimination in the workplace due to age, disability, sex, or gender reassignment.”

“Employees can also file a claim against their employer under the Health and Safety at Work Act 1974. This act requires that an employer puts measures in place to protect the health, safety and well-being of their workers within the workplace, meaning that they are expected to act accordingly should the menopause put the welfare of any employee at risk.” ■

Photo by TOMOKO UJI on Unsplash

https://www.nhs.uk/conditions/menopause/ https://www.ageuk.org.uk/information-advice/health-wellbeing/mind-body/menopause-symptoms-and-support/ https://www.nhsinform.scot/healthy-living/womens-health/later-years-around-50-years-and-over/menopause-and-post-menopause-health/menopause 20can%20affect%20a%20woman's,the%20best%20of%20your%20ability. https://committees.parliament.uk/publications/23281/documents/169819/default/ https://www.acas.org.uk/menopause-at-work/menopause-and-the-law

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South East achieves highest employment rate among 55 - 64 year olds T he South East of England has the highest employment rate among older workers, according to PwC's Golden Age Index, which showcases the labour market impact of workers aged over 55 in OECD countries. The Index takes into account various factors, including employment, earnings, and training, providing valuable insights into how economies harness the potential of their older workforce.

In this year's overall Index, New Zealand has emerged as the leader, closely followed by Iceland, both demonstrating the highest employment rates for older workers amongst OECD nations. Japan jumped up from sixth place in 2018 to third place in this year’s Index.

The high rate of older workers continuing in work in the South East of England is primarily attributed to the availability of less physically demanding job opportunities in the area.

The South East boasts the highest employment rate of workers aged 55-64 in the UK, with the North East showing the lowest rate.

In 2022, the employment rate among 55-64 year olds varied from approximately 57% in the North East to 68% in the South East. This regional disparity in employment rates has a significant impact on the overall number of workers - if the North East were to match the South East's employment rate for the 55-64 age group, it could potentially create an additional 40,000 jobs. The analysis reveals that if all regions of the UK were to embrace older workers in the labour force in a similar way to the South East, it could result in an impressive 320,000 additional jobs, equating to approximately onethird of the current UK vacancies.

The Index highlights that more than half of older workers in the South East possess higher education degrees, a higher proportion than the approximately 43% recorded in the North East. Additionally, older workers in the South East are more likely to be employed in sectors such as financial services, real estate, and professional services. In contrast, the education, health, and manufacturing sectors employ larger shares of older workers in the North East.

Julian Gray, PwC’s South East Regional Market Leader & Southampton Senior Partner, says: "These findings underscore the pressing need for the UK to adeptly harness the untapped potential of its mature workforce; I’m pleased to see that within the South East older workers are more likely to stay in work, but there’s always more we can do.”

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“Promoting greater participation of older workers in the labour force can help us mitigate inflationary pressures and foster a multitude of job opportunities. Policymakers and business leaders must work together to implement measures to bridge regional disparities and extend support to older workers through tailored training and development initiatives, thereby bolstering the region's competitive advantage."

The UK-wide picture: The UK's latest ranking on the Golden Age Index stands at 21st place, signifying a comparatively lower performance in relation to the OECD average. The Index shows people in the UK aged over55 are more likely to have left work and not returned than those in other G7 countries.

A significant proportion of the UK’s older workers remained inactive after the pandemic. Inactivity levels among 55-64-year-olds in the UK have persistently remained above pre-pandemic levels since 2020.

Looking ahead, the UK's future standing on the Golden Age Index is expected to deteriorate relative to the OECD average, primarily driven by the fact that while the employment rate of 55-64-year-olds improved across most OECD economies between 2021 and 2022, the UK witnessed a slight decline in its employment rate during the same period.

Barret Kupelian, chief economist at PwC, says: “Post-pandemic, the UK economy has struggled to grow the supply side of its economy. In terms of the labour market, there are one million vacancies, and the unemployment rate is relatively low.

Some of the shortage in the labour force can be explained by the economic inactivity rate, which is higher than during the pandemic, and driven predominantly by almost 244,000 older workers, equivalent to the size of Portsmouth, who withdrew from the labour force during the pandemic and have not returned. While this has undoubtedly been a choice for many - driven by relative prosperity of this age group taking early retirement - it is also clear that ill health is part of the story which explains this trend.

“Understanding the cause of these labour force trends is crucial for the UK, as convincing older workers to return to work could help businesses deal with labour shortages fast with experienced staff, ultimately helping to alleviate domestic inflationary pressures.

It’s vital, therefore, that businesses and policymakers focus on designing policies to support those who want to continue to work, as well as help to incentivise older workers to return to work if they want to.” ■

REPORT

Surrey Junior Lawyers Division Bethany Walker

B

y way of introduction, my name is Bethany Walker and I am the new Chair of the Surrey Junior Lawyers Division. Having been on the committee for two years now, I am also remaining in my role as Universities & Colleges Representative.

In August, we held our annual elections and said goodbye to the 2022/23 committee and hello to our new committee, with the new term having started on Monday 4th September 2023.

Our 2022/23 committee did a truly fantastic job making it Surrey JLD’s biggest year yet, including by organising and hosting our first charity gala back in February, which was a huge success, and, for that, I would like to say a huge thank you to the previous committee. I would also like to say thank you to both Kim Wintle (our outgoing Chair) and Martin Whitehorn (our outgoing Vice Chair), who worked so hard to lead our previous committee and ensure that the term was as successful as I describe.

Now that the new term is in full swing, I would like to say a very warm welcome to our new committee, listed here, bringing our total number of committee members to 19. We have some committee members returning from last year and, for others, this is their first year on the committee. We were delighted to have so many applicants this year and are ever more delighted about those who are joining us for the next year. We have even created and filled positions that were not originally advertised for due to the sheer number of applications and the amount of talent and enthusiasm that we had from our applicants, so I feel very optimistic about this committee being a strong team already. We are due to meet in person as a committee very soon and I look forward to getting together with everyone and making this an even bigger year for SJLD than last year.

We already have so much planned for the 2023/24 term, including our annual charity gala (of which we will announce details soon!) and I am really excited to get started! If you are not yet a member of SJLD and would like to become one (for free), then please visit our website at https://surreyjld.org.uk/joinus to sign up to our mailing list and hear about our upcoming events. We look forward to seeing you all at our events throughout the year! ■

2023/24 Committee Chair and Universities & Colleges Representative Bethany Walker Vice Chair Alex Watson-Lee Vice Chair and Sponsorship Representative Bisma Hussain National JLD Representative Martin Whitehorn Secretary Daisy Welland Treasurer and SQE Representative Seema Gill Surrey Law Society Representative Katie Foulds Digital Marketing Representative Kabina Suyal Charity Representative Joanna Earl Events Representative Hannah Gibbons Events Representative Daniel Hart Events Representative Ellie Sullivan

SURREYLAWYER | 33

ARTICLE

Roadmap for NQ’s –

Tips for Navigating the Start of your Legal Career T

he lengthy commitment to academics, the painstaking research and numerous job applications, securing a training contract and the building of experience to qualify are all crucial steps to becoming a solicitor. However, now as an NQ Solicitor, or soon to be NQ, the real decisions and work will begin! You are unlikely to find yourself at such an important junction in your career again, unless you retrain in another area of law or change career.

In this blog I will be giving some insights into qualifying, and for those NQs fortunate to already have already secured their favoured position, some tips on starting your new role.

1. Practice Area Some trainee solicitors know exactly what practice area they want to qualify into. However, that doesn’t necessarily mean there’s a position available with your current firm or even with other law firms. Generally, as you approach qualification, you are likely to know what NQ roles will be available within your firm, but it is always worth beginning an external search for other potential roles, particularly if you’re seeking to qualify into one of the more popular areas such as Disputes, Employment or Corporate.

You should also consider what, if any, compromises that you are prepared to make to find the right role; for instance, salary expectations, downsizing to a smaller firm or relocation. It’s also worth preparing a plan B, particularly if you’re seeking to qualify into a popular practice area, by thinking about a second choice.

This doesn’t have to mean a complete sacrifice and you can often combine experience in different seats to find a suitable role. For instance, you may be ideally looking for a Commercial Disputes role, but you also completed a Private Client seat, 34 | SURREYLAWYER

which you enjoyed. These can be combined to give you options within Contested Probate. Ultimately, there are usually various opportunities, and it is worth exploring a number to get the right start to your career.

2. Personal Development Upon qualifying, it’s crucial to keep the same mindset that you adopted through your academic studies – the commitment to consistent and ongoing learning. It’s important to continue to focus on your development. A common mistake is not to ask enough questions - whilst you should take initiative and use your intuition on certain matters, it’s also crucial to make use of colleague’s knowledge and advice. This can be from seniors, but also other NQs and you shouldn’t be opposed to learning what you can from either. Humility and a keenness to expand your knowledge will only serve you in the long run. Knowing your own strengths and weaknesses and gaps in your knowledge will also help as you can then ensure you are focusing your efforts on key areas of development.

3. Adapting to a new role Transitioning from a trainee to an NQ, you will receive less supervision in your day-to-day matters. Therefore, learn to adapt your approach to working, whether you’ve moved to a new team and firm or are remaining in the team/firm where you trained. You should familiarise yourself with a new team and your new responsibilities, which will almost certainly mean a larger caseload. Understanding the expectations and demands of your new position is crucial, including when it comes to delegating work to other team members where appropriate.

ARTICLE

4. Standing Out Whether you are seeking to secure a coveted position with your current firm or trying to make your mark on a new team, standing out is a key component for NQ’s. This doesn’t mean you need to be the first in and the last out of the office every day.

However, you can focus on areas such as working on building a client base, researching a particular topic or latest legal update, networking, and even providing support to more junior members of the team - all are valuable and will be recognised by your colleagues and seniors.

5. Mentors As touched on in the last point, mentoring juniors is valuable to your ongoing development as a lawyer. You should also work on finding a senior mentor – someone you admire whose advice you will value. You can show an interest in how they work and the knowledge they possess, ask them if they are happy sharing their insights or practices and be sure to follow up with them, showing an appreciation. As a general rule, if someone is passionate about what they do, they will likely be happy to share how they do it, so it is a great way to expand your own knowledge and find new ways to tackle the various facets of legal work.

6. Reputation Your professional reputation as viewed by both your colleagues and clients is really important - it can influence the rest of your legal career. Ensure you stick to your word, own up to mistakes and learn from them, be open and collaborative with colleagues, and ensure that you fulfil your commitments to clients to the best of your ability. As quoted by Benjamin Franklin “It takes many good deeds to build a good reputation and only one bad one to lose it.”

If you are due to qualify and are seeking some more options or even just a chat about your situation and the NQ market, please don’t hesitate to get in touch. ■

Will Webster

Chadwick Nott (t) 0117 945 1634 (m) 0773 370 0509

INHERITANCE TAX VALUATIONS AND AUCTIONS

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wbank’s specialises in providing clear market value inheritance tax valuations of the contents of properties both large and small in accordance with the valuation requirements of the Inheritance Act 1984. We are fully conversant with all the requirements of the authorities and can give comprehensive advice and support to those faced with the responsibility of being an executor or trustee, perhaps for the first time. A professional valuation ensures that values are less likely to be subject to detailed enquiry by the Tax Authorities; this assists considerably in hastening the process.

• Ewbank’s value fine art, antiques, memorabilia, classic and modern cars, collectables and collections of all types for the purpose of providing written valuations on an open market value basis in accordance with HM Revenue and customs guidelines.

• Good advice from professionals with strong knowledge of market values can help maximise sale proceeds to achieve the best results for the deceased’s estate and the beneficiaries where goods are being sold.

• The circumstances where probate valuation is required are often difficult and the team do their utmost to provide service with integrity, empathy and discretion.

• In addition to providing valuations, Ewbank’s can also arrange the clearance of any remaining contents from properties as required. The majority is recycled, re-used or donated to charity.

• All valuations are prepared under the valuation standards of the Royal Institution of Chartered Surveyors Red Book. Competitive fees are arranged by agreement in advance of accepting instructions and charges are discounted when instructions for sale are given.

• Ewbank’s was established in 1990 in Surrey and is a family firm with a global customer base, and clients from all over the world. Selling to buyers from over 70 counties worldwide. We hold specialist sales across all areas throughout the year.

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info@ewbankauctions.co.uk www.ewbanks.co.uk SURREYLAWYER | 35

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Registered charity number: 1036450. Thank you. ■ SURREYLAWYER | 37

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Poppy’s second chance at love P

oppy’s owner first contacted her local rehoming centre and said she needed to hand Poppy, a four year old Chihuahua cross, over to us as she had sadly recently been given 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.

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