LAWYER SURREY
The Official Journal of THE SURREY LAW SOCIETY
SPRING 2018
‘TIME IS RUNNING OUT ON SURREY’S TIME TO SHINE’
180 23 59 59 DAYS
HRS
MINS
SECS
SLS LEGAL AWARDS 2018 DEADLINE FOR NOMINATIONS: FRIDAY 13 APRIL 2018
Inside this issue:
■ WILLS AND PROBATE ■ CONVEYANCING ■ CRYPTO-CURRENCIES ■ NEWS
No Quilll | No Gro owth w NEW | FA AST | RELIABLE | ANYWHERE E Accounts Documents s Time Reports Integr g ated
0161 236 2910 info@quill.co.uk quill.co.uk/growth
Contents
PUBLISHER Benham Publishing Limited Aintree Building, Aintree Way, Aintree Business Park Liverpool L9 5AQ Tel: 0151 236 4141 Facsimile: 0151 236 0440 email: admin@benhampublishing.com web: www.benhampublishing.com
Intro 4
List of Officers
5
President’s Jottings
6
SLS CPD PROGRAMME 2018
7
CEO Report Awards
8 -9
SLS Awards 2018
STUDIO MANAGER
10
Council Member’s Report
John Barry
11
Law Society Report
12 -15
Local News
16-17
Should I worry about Bitcoin if I’m getting divorced?
ADVERTISING AND FEATURES EDITOR
Reports
Anna Woodhams
ACCOUNTS
Local Issues
Joanne Casey
MEDIA No.
Articles
1573
PUBLISHED March 2018 © The Surrey Law Society - Benham Publishing
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.
17
An insight into this year’s marketing trends in the legal sector
18-19
SLS Insight: get to know your Committee
20
The Civil Justice Council’s ADR workshop Financial Planning
21
Management 22
Is the government creating a tax trap for themselves in future years by decreasing the pension limits to just £10,000 pa for high earners? Divorce
The Surrey Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice. COVER INFORMATION The cover image: Countdown to The SLS Awards 2018, 20th September.
Copy Deadlines 5th June 4th September 5th December
Anyone wishing to advertise in Surrey Lawyer please contact Anna Woodhams before copy deadline. Email: Tel:
Establishing your own law firm - what are the key ingedients? Financial
23
DISCLAIMER
Summer 2018 Issue Autumn 2018 Issue Winter 2018 Issue
Financial Planning for Retirement
anna@benhampublishing.com 0151 236 4141
24
Divorce and Education Fees Wills and Probate
26
Lola...
27
A family’s unexpected discovery changes the way the estate is distributed Property
29
2018 - The Year of the Dog; or a dog of a year? Forensics
31
How hair testing can help build a history of substance use Pay Discrimination
31
Can an unequal pay policy be fair or is it always discrimination? Bill of Costs
32
Time recording and the new electronic Bill of Costs Conveyancing Focus
35
Calling all conveyancers Future Climate info’s residential environmental reports available now
36
Reducing risk in conveyancing Are you using a full flood assessment? Training
39
“The Only Thing That Is Constant Is Change”
Anyone wishing to submit editorial for publication in Surrey Lawyer please contact Helen Opie, before copy deadline. Email: Tel:
helen.opie@surreylawsociety.org.uk 0333 577 3830
SURREY LAWYER 3
OFFICERS
KEY OFFICERS PRESIDENT JAMES SCOZZI Elite Law Solicitors 1 Fetter Lane London EC4A 1BR DX: 14 London Chancery Lane Tel: 020 3440 5506 Fax: 01923 219416 Email: jscozzi@elitelawsolicitors.co.uk
COMMITTEE MEMBERS
LAW SOCIETY COUNCIL MEMBERS
MARK GOUGH Solicitor 22 Woodlands Road, Little Bookham, Surrey KT23 4HF Tel: 01372 230786 Email: mark@markgoughlaw.com
SUSHILA ABRAHAM S Abraham Solicitors 290A Ewell Road, Surbiton KT6 7AQ Tel: 020 8390 0044 Email: office@sabrahamsolicitors.co.uk
MAREK BEDNARCZYK Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: msb@hartbrown.co.uk
JOHN PERRY
DANIEL CHURCH Kingston Smith LLP Devonshire House, 60 Goswell Road, London, EC1M 7AD Email: DChurch@kingstonsmith.co.uk
VICE PRESIDENT VICTORIA CLARKE Stowe Family Law LLP The Bellbourne 103, High Street
MUMTAZ HUSSAIN The Legal Consultant M: 07983 488 351 mumtaz@thelegalconsultant.org.uk
Esher, KT10 9QE Tel: 01372 571126 Email: Victoria.Clarke@stowefamilylaw.co.uk
HON SECRETARY KIERAN BOWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2041 Fax: 020 8541 2009 Email: kieran.bowe@russell-cooke.co.uk
HON TREASURER NICK BALL Howell Jones Solicitors 75 Surbiton Road, Kingston upon Thames, Surrey, KT1 2AF DX: 57715 Surbiton Tel (Office): 020 8549 5186 Tel (Fax): 020 8549 3383 Email: nick.ball@howell-jones.com
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 GLORIA MCDERMOTT Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, Surrey KT1 1QN DX 94652 Virginia Water Email: gloria.mcdermott@virginmedia.com JULIE ROWE Russell-Cooke Solicitors Bishops Palace House, Kingston Bridge, Kingston upon Thames, Surrey, KT1 1QN DX 31546 Kingston upon Thames Tel: 020 8541 2023 Email: Julie.Rowe@russell-cooke.co.uk GERARD SANDERS Hart Brown Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX DX 2403 Guildford 1 Tel: 01483 887704 Fax: 01483 887758 Email: gts@hartbrown.co.uk IAN WILKINSON The Castle Partnership 2 Wey Court, Mary Road, Guildford, Surrey GU1 4QU Tel: 01483 300905 Email: ian@castlepartnership.co.uk
Palmers Solicitors 89-91 Clarence Street Kingston upon Thames, KT1 1QY DX 31524 Kingston upon Thames Tel: 020 8549 7444 Fax: 020 8547 2117 Email: john.perry@palmerssolicitors.co.uk CHIEF EXECUTIVE & MAGAZINE EDITOR Helen Opie Surrey Law Society c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Tel: 0333 577 3830 Email: helen.opie@surreylawsociety.org.uk
SUB COMMITTEES CONVEYANCING & LAND LAW Gloria McDermott Maralyn Hutchinson STRATEGIC PLANNING & FINANCE Kieran Bowe Nick Ball Daniel Church James Scozzi Marek Bednarczyk SOCIAL Daniel Church (Chair) Gloria McDermott John Perry* Julie Rowe *Non-Committee Member.
YOUNG SURREY LAWYERS Madeleine Gooding (Chair) Imogen Heywood Jessica Morton Will De Fazio-Saunders Alexander Bishop Victoria Clarke Email: youngsurreylawyers@hotmail.com Twitter: @YSL_Live LinkedIn: linkedin.com/groups/4515609
membership details Annual Subscriptions:
£98 per person, per year.
Corporate Subscriptions:
(20+ fee earners) £1,850 per year
Solicitor
(not in private practice) £60
Solicitor
(not practising) £35
Honorary Membership:
free
Associate Membership:
free - no voting rights
4 SURREY LAWYER
To apply for membership please contact: Helen Opie, Chief Executive Surrey Law Society, c/o Russell-Cooke Solicitors, Bishop's Palace House, Kingston Bridge, Kingston-upon-Thames, KT1 1QN Web: www.surreylawsociety.org.uk Email: helen.opie@surreylawsociety.org.uk Tel: 0333 577 3830
EDITORIAL
President’s Jottings Spring 2018 I have now been in post for just over four months and it’s certainly been a busy time (except for 2 snow days!).
P
reparations for the inaugural SLS Awards are proceeding well. We now have a number of judges confirmed, including John Hyde from the Law Gazette, Neil Rose, Editor of Legal Futures and the soon-to-be Vice President of the National Law Society, Simon Davis. I am also pleased to confirm that Joshua Rozenberg will be hosting the awards at the gala dinner on 20th September.
We are also currently discussing being part of a pilot organised by the national Law Society whereby our members can take part in the equivalent of a “legal hour” on local BBC radio. This is potentially very exciting and of great benefit to not only Surrey Lawyers but also the people of Surrey in general. I hope to give you more information on this in the next issue of the Surrey Lawyer.
Whilst on the subject, may I take the opportunity to remind everyone to nominate before the deadline of Friday, 13th April 2018 (details later in this issue as well as on the website). It would be great to see nominations from big, medium and small firms as, irrespective of the size of your firm, I have no doubt that everyone can showcase their legal talent, be it as firm or as an individual.
No doubt you will get a sense that we are very busy doing as much as we can for you, our membership, so I take this opportunity to invite those who want to help and/or get involved to come along to one of our Committee meetings and observe what happens “behind the curtains”. There is no obligation to join the main committee but we are always looking for “new blood” to join the ranks. If this is of interest, please email Helen. ■
Turning to non SLS Awards subjects, our CPD program continues to go from strength to strength and I would invite you all to attend at least one of our CPD courses. With new AML legislation, the upcoming GDPR, as well as many other changes in the legal landscape, I know that quality training is of the utmost importance.
JAMES SCOZZI SLS President 2018
On the social side, I went along to an exceedingly well attended dinner in honour of our former CEO, Sue Seakens, and want to thank Sue once more for her 10 years service to the SLS as well as thank all of you who attended to celebrate Sue’s hard work over the past decade. Helen has been doing a great job of picking up where Sue left off and I have no doubt that the Society will continue to go from strength to strength. I have decided that for my first President’s event this year it might be nice to do something a little different. As a result we are going to hold an evening event which will likely involve a cellar tour followed by a little (figuratively speaking) wine tasting. More details on this will come out to you soon and I hope to see as many of you as possible there. We are going to be adding a number of social events to the SLS calendar soon so please keep a look out. Networking has and always will be very important in our profession. SURREY LAWYER 5
EDITORIAL
S L S
C P D P R O G R A M M E 2 0 1 8
All half-day courses will be held at Denbies Wine Estate, London Road, Dorking RH5 6AA from 2.00pm - 5.15pm AREA
DAY, DATE & TIME
TOPIC
SPEAKER
SPONSOR
Property
Wed 25th April 2018 (pm)
A Practical Approach to Dealing with Key Tricky Conveyancing Issues
Stephen Desmond
Index
PC
Wed 16th May 2018 (pm)
Contentious Probate and Inheritance Act Disputes
Richard Land
HFS Milbourne
Property
Tue 5th June 2018 (pm)
Lease Extension on Residential Property under LRHUDA 1993
Hannah Mackinlay
CoCo
Wed 20th June 2018 (pm)
Company & Commercial – Latest News
Keith Lewington
Property
Wed 12th September 2018 (pm)
SRA New Code of Conduct – Impact and Implications for Conveyancers
Denis Cameron
Man
Wed 26th September 2018 (pm) Compliance Update 2018
PC
Wed 3rd October 2018 (pm)
Protecting the Assets of the Elderly
John Thurston
HFS Milbourne
Man
Wed 31st October 2018 (pm)
Maximising Profits for Law Firms
Peter Scott
HFS Milbourne
Matt Moore
2018 CONFERENCE DATES PRIVATE CLIENT CONFERENCE – THURSDAY, 20th SEPTEMBER 2018 – 6 HOURS CPD
CONVEYANCING & LAND LAW CONFERENCE – THURSDAY, 18th OCTOBER 2018 – 6 HOURS CPD 6 SURREY LAWYER
Index
EDITORIAL
CEO ReportSpring 2018 As I write this, the country is being battered by the ‘Beast from the East’, and it’s hard to imagine Spring is around the corner. I hope by the time the magazine reaches your desks that we are experiencing some sunshine and warmer temperatures.
W
e’ve had busy few months at SLS HQ, with the start 11th June 2018, and will shortly be circulating information on how to start fundraising for our Surrey Law Society of our 2018 CPD programme, including courses on team. Last year’s walk literally saved Surrey Law Centre Residential Property Law, Ensuring Added Value in Estate for from closure, which meant that it was able to help a Planning, Hot Topics in Family Law, a Conveyancing Update and GDPR compliance session. We have had some further 1,500 people in the last year, so we would really appreciate it if you could support this worthy cause. excellent attendance at courses and would encourage members to book the remaining Spring time means membership renewals for the sessions shown here at their earliest Surrey Law Society, so you will likely have If you are convenience to avoid disappointment. received communication from Elaine regarding Despite having much of the year left, interested this by now. If you know any colleagues or friends we will shortly start our initial planning in getting who would benefit from membership of the for the 2019 CPD programme and would involved, Surrey Law Society, please do point them in our very much appreciate any feedback you direction, we’d be delighted to discuss options please don’t have on topics you would like to see with them. covered or speakers you would like to hesitate to see present. This could be related to a contact me In addition, we are looking for innovative and particular area of law, specific energetic volunteers who would like to be part of on the legislation or more general our Committee, as well as new members of our details management skills. We really want to Conveyancing and Land Law Sub Committee. shape the programme to our members’ below. The main role of Committee members is to needs, so please do forward any oversee the strategic and practical management suggestions to myself or Elaine over the of the Society, and you can learn more about the benefits next few weeks. of being involved in our new feature SLS Insight, which gives you the opportunity to get to know our existing In addition to CPD, we have been working hard on the Committee members a little better, and this issue features preparations for the SLS Legal Awards 2018, and are SLS Honorary Secretary, Kieran Bowe. If you are interested excited to launch our new Awards Website, which can in getting involved, please don’t hesitate to contact me on be viewed at http://awards.surreylawsociety.org.uk/. the details below. The website contains details on the 11 award categories and their criteria, as well as information on how to enter. Please note that the deadline for nominations, 13th April 2018, is fast approaching, so if you have not already submitted an entry for yourself, a colleague or your firm, please do so as soon as possible. The site also contains information on the event itself, the judges confirmed so far and our generous sponsors, and we are especially pleased that our headline sponsor for the event is Index Property Information.
For the most up to date information, please do check the Surrey Law Society website for news, job vacancies and information on forthcoming events. I hope to receive as many nominations as possible for the SLS Legal Awards before the 13th April and look forward to seeing you at an event or course soon.
HELEN OPIE,
As always, the Surrey Law Society will be offering a CEO Surrey Law Society number of social events for members, and at the time of t: 0333 577 3830 writing this, we are in the midst of preparation for our e: helen.opie@surreylawsociety.org.uk Legal Brain of Surrey Quiz. We are also asking members to sign up again for the Guildford Legal Walk, taking place on
SURREY LAWYER 7
THURS S DAY 2 0 SEPTEM MBE R MBER 2 01 8
AWA R D S
CEREMONY 2018
AWA R D C AT E G O R I E S
Law Firm of the Year Year
Lawyer of the Year Year
Rising Star of the Year Year
Pro Bono Lawyer of the Year Year
Property Lawyer of the Y Year ear
Private Client Lawyer of the Year Year
Corporate/ Commercial Lawyer of the Year Year
Clinical Negligence/ Personal Injury Lawyer of the Year Year
Client Care Aw ward
Business Growth Award
Technology & Innovation Award
TH E MANDO L AY H O TE L , GUILD F OR D G O T O KWWS DZDUGV VXUUH\ODZVRFLHW\ RUJ XN KWWS DZDUGV VXUUH\ODZVRFLHW\ RUJ XN F O R M O R E I N F O R M AT TION 8 SURREY LAWYER
AWARDS
Have you nominated yourself, your colleagues or your firm for an SLS Legal Award? Time is running out to enter! Whether you’re a large firm or sole trader, you could be one of our winners in September, so please select one, or more, of the 11 categories here and send your submissions in before 13 April 2018. HOW TO ENTER Visit http://awards.surreylawsociety.org.uk, select the award categories you want to enter and review the relevant criteria for that award. Nominations can be made by sending a brief cover letter, followed by a submission of 400 - 800 words, to helen.opie@surreylawsociety.org.uk. You are free to submit yourself for nomination, if you so choose. All nominations will be treated in the strictest of confidence. Your cover letter must provide the following information: 1. The award you are applying for 2. Your name 3. Your firm name 4. Contact name & telephone number 5. No more than 100 words as to why you or your firm are a worthy winner Your submission must consist of between 400 and 800 words, setting out your achievement in relation to the award/s for which you are applying. Please ensure you have read the award criteria for your chosen award on the awards website. The closing date for nominations is Friday, 13th April 2018. SHORTLISTING All nominations will be submitted for shortlisting after the 13th April and the shortlisted persons/firms will be contacted in the week commencing 14th May 2018. All shortlisted firms will receive a SLS Legal Awards logo to place in their email footer, demonstrating that they have been shortlisted in one of the categories.
• Julian McEvoy: Solicitor, Mediator and Collaborative Lawyer at Family Law Partners • Lorenzo Pasculli: Postgraduate Course Director and Senior Lecturer in Law at Kingston University • Neil Rose: Founder and Editor of Legal Futures THE EVENT A prestigious Awards Ceremony and Gala Dinner will be held at the Mandolay Hotel in Guildford on Thursday 20th September 2018. This will be a fantastic occasion where the success and talent of the Surrey legal community can be celebrated on a grand scale. As well as dinner, the evening will include the award presentations, entertainment, a silent auction and we are thrilled that our compere and speaker for the event is Joshua Rozenberg, the only full-time journalist to have been appointed as Queen's Counsel honoris causa. To book your place at the dinner, please contact Helen Opie at helen.opie@surreylawsociety.org.uk to confirm which of the following options you would like to reserve: • Individual tickets: priced at £95+VAT • Table of 10: priced at £850+VAT THE SPONSORS We would like to thank all of our sponsors for their generous support of the SLS Legal Awards, in particular our headline sponsor Index Property Information.
Index Property Information provides a bespoke search service for Solicitors & Licensed Conveyancers. With extensive experience in the property & search industry, Index understands the THE JUDGES requirements of today’s conveyancing professionals & delivers what you need from a search provider; simplicity, speed, assured The shortlisted nominations will be sent to our prestigious board of judges for consideration. Each award category will be assigned 2 delivery, competitive pricing & people that deliver what they promise. The Index online ordering portal has been designed to be judges to determine the winner. Our judges confirmed so far are: intuitive & easy to use. No more unnecessary page re-loads, or lists • George Coates: Head of Guildford Chambers of rarely used products or cumbersome mapping systems. Index • Simon Davis: Deputy Vice President of The Law Society and has simplified the process & boasts the most straightforward Senior Litigator at Clifford Chance ordering platform available with links to Index Insure for • John Hyde, Reporter, The Law Society Gazette’ indemnities, HMRC for SDLT calculations & submissions, Land Registry & Companies House. • Professor Lesley King: Author, Lecturer and Wills and Probate Columnist at the Law Gazette For further information on Index and our other generous sponsors, HFS Milbourne, DPS Software and Russell-Cooke, please visit • Paul Marsh: Past President of The Law Society, Past Chairman http://awards.surreylawsociety.org.uk/. of the Conveyancing and Land Law Committee and Past Chairman of the Solicitors Indemnity Fund
Frequently asked questions Is it free to enter? Yes. Our firm has many individuals doing excellent work. Is there a limit on how many entries can be submitted? No, but you will need to complete separate entries for each firm/ individual category you choose to enter. What is the criteria and format of each award? Please refer to the Awards Criteria page on our website for specific entry instructions.
Can non-solicitors enter? Yes, we will accept entries from Solicitors, Barristers, Legal Executives and Licensed Conveyancers, so long as the firm and/or individual is a member of the Surrey Law Society. Who can attend the Awards Dinner? Tickets will be available to everyone - you don't need to have entered the awards.
SURREY LAWYER 9
REPORTS
Council Member’s Report – In theory, with the Law Society’s concerted effort to engage more with the profession at large to keep them informed, you should all now know exactly what is going on in Chancery Lane. In the unlikely event that some of you don’t, I will try to give a few pointers. Photo: John Perry
I
t is good to see the Law Society communicating much more than they used to and our area contact Bhavni Fowler is very willing to talk to any of you with particular needs. She is to be seen at many of our formal occasions and liaises closely with our Chief Executive to ensure that contact between the High Street and Chancery Lane is as open as possible. Much has happened at Head Office recently. After refurbishment, 113 Chancery Lane is looking splendid and Council are now able to meet again in their own Chamber, having camped out with the accountants and the medics for over a year while essential works were done.
It is now a very good place to hold a social event, dinner, private meeting etc and do not forget that this is your Club, complete with restaurant and bar. I often meet clients in the Reading Room which is spacious and convenient without client or solicitor having to travel too far. Council continues to debate its own future, and the new main board has met for the first time. Recruitment has taken place to the two subsidiary boards, streamlining the whole process and making decisions quicker to come by and more flexible. There is always one eye on keeping expenditure down as it is well understood that this comes out of the pockets of practising lawyers through the practicing certificate. A phenomenal amount of work has gone on behind the scenes with committees, both technical and administrative, and of course Brexit rumbles on.
We continue the fight to preserve Legal Aid and are trying to take the opportunity whilst the main political parties are ripping each other apart to get in some telling blows of our own. I hope you are all up to speed and ready for the big day for GDPR. I attend the Surrey Law Society Committee for COLF’s and COFA’s as regularly as I can and some very good ideas come out of that forum. If you would like to be part of it, I am sure Helen Opie would be pleased to hear from you. Many substantial Surrey firms are already involved. There is no doubt that GDPR will create yet more bureaucracy as will the Trusts Register and all the new requirements that banks and building societies are having to impose to ensure that we are fit to practice. It sometimes seems that we are pushing water uphill to preserve the honourable name of Solicitor but it does seem to be a peculiarly British thing to self-destroy because throughout the world the English Legal System is held in the highest possible esteem and is used as a model by many. I know this because whenever I meet a foreign lawyer at an event in London they invariably tell me so. So chin up everybody, it’s not as bad as you think. We can and will survive as a profession and continue to give the very special quality of legal knowledge and care to our clients that they respect and admire.
John Perry
How are you, really? Life in the law can be challenging and sometimes things can get on top of you. Can we help?
L
awCare is the charity that promotes and supports good mental health and wellbeing across the legal community in the UK and Ireland. We’ve been supporting lawyers for 20 years. No-one knows lawyers like we do. Our confidential helpline is a safe place to talk without judgement. We’re here to help 365 days a year through our confidential helpline, answered by trained staff and volunteers who have first-hand experience of working in the law. You can call us about anything – no problem is too big or small. Whether you’re a young trainee experiencing sexual
10 SURREY LAWYER
harassment, a student struggling with the workload, an experienced partner worrying about a mistake you’ve made - we’re here to listen. We are here to help all branches of the legal profession and our support spans the legal life from student to training to practice and retirement. As well our helpline on 0800 279 6888, we offer one-on-one peer support, and information, resources and factsheets at www.lawcare.org.uk CALL 0800 279 6888 9am – 7.30pmWeekdays 10am – 4pm Weekends and Bank Holidays
REPORTS
Law Society Report With the increasing burden of debt faced by many graduates, the disproportionate ratio of training contracts vs applicants and the continued financial pressures faced by many firms limiting their intake of trainees, it is no surprise that entry into the profession is a topical discussion. Photo: Bhavni Fowler
owever, through engagement activity with members, it has become apparent that a possible solution to the problem may have been overlooked. Since 2016, new legal apprenticeships have been offered as an alternative to the traditional graduate route to qualification. However, in my experience, these have not been widely explored amongst the membership. With that in mind, I thought I would use this opportunity to provide you with some more information about apprenticeships. Apprenticeships in the legal sector Apprenticeships work! That was the theme of this year’s National Apprenticeship Week (5-9 March 2018), which is designed to celebrate apprenticeships. Although the take-up in the legal sector has been cautious, the Law Society has observed a steady increase in the number of firms offering apprenticeships. Evidence from other sectors indicates, apprenticeships promote social mobility, lower employee turnover, increase employee engagement, reduce cost, increase productivity, and thereby profitability. Types of Apprenticeship To date, it is the shorter apprenticeships, lasting up to two years, which have been the most popular. These are usually the business services apprenticeships in areas such as marketing, IT, business development, HR, finance, team leadership and risk and compliance. However, since 2016 it has been possible to qualify as a solicitor, paralegal, probate technician or chartered legal executive by completing a legal apprenticeship. Apprenticeships are designed around the needs of the employer and can help transform your business by bringing in fresh talent. Apprenticeships can also be used as part of the continuing professional development of already qualified solicitors. Learning accessed through leadership and management apprenticeships can deepen apprentices’ skills and knowledge, whilst allowing them to receive external recognition for their quality of practice. There is a suite of apprenticeships for people at all levels of management, including a Master’s Degree.
H
The Law Society support There are many ways in which the Law Society can help you when it comes to apprenticeship programmes. Our website acts as a repository of apprenticeship-related content. Our two apprenticeship webpages contain links to all the information you might need before and during the process of running the apprenticeship scheme. Whether you’re looking for links to government apprenticeship pages or a guide to the steps to take when setting up an apprenticeship programme, the Law Society website is an excellent online resource. We provide direct advice to anyone wishing to know more about apprenticeships. If you have any questions you can email directly to apprenticeship@lawsociety.org.uk. We collaborate with a large number of partners to develop our expertise and offer the best support to our members, by working with the training providers and regulators but also with organisations such as the City of London Corporation and National Apprenticeship Service. Recruitment of the right apprentices is one, if not the most important part of the process. Being able to advertise as widely as possible is extremely important. The Law Society Gazette Jobs allows anyone wishing to promote their apprenticeship vacancies on its website. We run regular events for our members and their firms to provide updates on recent developments and current trends and to enable the sharing of best practice. If you would like any more information or would like to discuss apprenticeships further, please contact me at bhavni.fowler@lawsociety.org.uk or visit https://www.lawsociety.org.uk/Support-services/Practice-management/Apprenticeships/.
Bhavni Fowler Relationship Manager The Law Society Email: bhavni.fowler@lawsociety.org.uk Tel - 07773 254 543
SURREY LAWYER 11
LOCAL NEWS
Photograph (from left to right): Richard Clapham, Mehboob Dharamsi, Richard Middlehurst
Downs Solicitors LLP appoints three new partners Legal 500 law firm Downs Solicitors has appointed three new partners across three key growth areas; corporate and commercial, family and private client. They have also recruited Sue Roberts and Lorna Claxton as lateral hires in family and residential property.
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ichard Middlehurst joins the Family team in Godalming as a Partner. Richard brings significant experience to the Downs’s Family Law team, specialising in the full spectrum of family law matters, including financial disputes and property settlements, disputes about children, divorce and civil partnership breakdown, disputes between unmarried couples, cross border applications, injunctions and structuring settlements, partnerships and sole trading enterprises. Richard Clapham joins the Corporate team in Godalming as a Partner. Richard has considerable experience in advising UK and overseas corporates, start-ups, trade associations and individuals with particular expertise in private company share and business acquisitions and disposals, joint venture and shareholder agreements, LLP agreements, share buy-back arrangements, as well as corporate finance and IP licensing, blockchain technology terms, manufacturing, agency and distribution agreements, property development agreements and confidentiality agreements. Mehboob Dharamsi joins the Private Client team in Cobham as a Partner. He has over 25 years’ experience of acting for a broad range of clients, including high net worth individuals, many with overseas aspects and complex family issues. He specialises in succession
planning, asset protection, trusts, wills, powers of attorney and inheritance tax planning. Mehboob has previously been acknowledged in both Chambers and Partners for his “sound technical knowledge and his open and friendly attitude” and the Legal 500 as “honest and trustworthy”. Mehboob is a member of the Society of Trusts and Estate Practitioners, Solicitors for the Elderly and the Law Society’s Private Client Section. Downs’ Senior Partner Chris Millar said "Each of our new Partners have the skills that are demanded by our clients and are important to the firm’s continued growth. They reflect our ambition to grow a number of key areas and our focus on recruiting talented lawyers. As part of Downs’ annual review, Madeleine James, James Bracher, Heather Kershaw, Diane Sumpter and Nicola Conley have all been promoted to the role of Senior Associate. Jo Glenister, Laura Marchington, Victoria Evans, Magdalena Janki and Elizabeth Muston have all been promoted to the role of Associate. “This latest round of promotions enables us to reward the talent and commitment our staff bring to both the firm and delivering results for our clients. They have demonstrated strength and depth in their respective practice areas” said Chris Millar.
Thames Water Property Searches Residential CPD: Register today to attend Thames Water Property Searches are hosting a free informative and interactive legal Commercial CPD on Thursday 21 June at the Metro Bank Holborn in London. The full day (9am until 4pm) event incorporates a range of topics from leading industry organisations and speakers including: • Jan Boothroyd - Authoritative Data, National Land Information Service (NLIS) and an update on Local Authority searches – Land Data • Paul Addison - How to avoid being sued for £2 million, providing an insightful talk about the planning system and how location and development risks can be exposed before purchase – DevAssist • Mark Taylor - Providing key information and details to inform internal decision making processes on which report best suits you as a firm, based upon the sensitivity of the transaction type, and the clients you provide services for – Argyll Environmental
• Hannah Mackinlay - Afternoon workshop session focusing on Environmental considerations, Drainage and Water infrastructure, Easements and Highway robbery – Propertylaw.guru Register today to secure your place. Each CPD event is open to two fee earners per firm. Our 2018 CPD event dates are: Wednesday 19 September 2018 – Residential CPD Thursday 15 November 2018 – Commercial CPD Get in touch by calling us on 0845 070 9148 or emailing twps.events@thameswater.co.uk to register and secure your place.
Thames Water Property Searches 12 SURREY LAWYER
LOCAL NEWS
Hart Brown secures a six-figure settlement in clinical negligence case. The court has approved the settlement on a long running case in Hart Brown’s specialist clinical negligence team, involving a number of highly experienced specialists.
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he claimant was a victim of clinical negligence by her clinicians who failed to diagnose and treat a subarachnoid haemorrhage resulting in brain damage and severe disability. The settlement was made up of two elements, to include a lump sum of £2,450,000 for all heads of loss other than care and case management, which were covered by periodical payments. This is a yearly payment in the region of £120,000 per year to cover the claimant’s annual care and case management costs.
The total amount of the claim is significant as depending upon the claimant’s life expectancy, the total award could well be in the region of £7.6 million on a full liability basis. The claimant recovered 85% of the claim, a sum in the region of £6,525,740. This is a substantial sum for a claimant aged 59 representing an excellent final settlement. The Trusts and Estates department are dealing on an ongoing basis with the deputyship and investment of funds.
Photo: Isabel Bathurst, Associate, Personal Injury and Criminal Negligence, Hart Brown
Pearson Hards LLP welcomes two new Partners Pearson Hards LLP is delighted to announce the appointment of Claire Darby and Emma Rothstein as new Partners to the Membership.
Photo: (from left to right): Emma Rothstein & Claire Darby, Partners, Pearson Hards LLP
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laire Darby joined us in 2013 from a City law firm where she had done her training. She previously specialised in banking litigation, acting for banks and mortgage lenders. She moved to Pearson Hards intending to forge her career as a general practitioner specialising in all types of litigation and dispute resolution. Claire now acts for both individual and corporate clients, dealing with all types of cases from property litigation to contractual disputes; from boundary disputes and inheritance claims. Claire was appointed Head of Department in 2017. Emma Rothstein qualified as a solicitor in 2006 at a busy Legal Aid firm which gave her invaluable experience in all types of family work. Emma joined Pearson Hards in 2014 from another Surrey firm where she had sole responsibility for the family and matrimonial work. She was appointed
Head of Department in 2017 and specialises in all aspects of family law with particular focus on financial matters from medium to high net worth individuals. Emma is a Resolution Accredited Specialist in complex financial disputes. A spokesperson for Pearson Hards commented, “Both Claire and Emma are valuable assets to Pearson Hards. They have shown immense commitment not only within their practise areas, but also to the firm as a whole. Their marketing and networking skills have enabled the firm to develop and grow. We are pleased to acknowledge their commitment to the firm and welcome them as members within the LLP. We value their ambition to develop their own careers alongside the progression of the firm.”
SURREY LAWYER 13
LOCAL NEWS
University of Law support the ILBF Project A group of students representing all University of Law courses are currently working to collect a selection of legal textbooks to pack and send to an as yet undesignated university in the Commonwealth.
Photo: The 2008 librarian in the book room at the Law Development Centre in Uganda.
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hey are seeking to create a collection of second hand law books which we no longer need, but would be useful to law students, professors and the local legal community at an under-resourced university. They are working with the International Law Book Facility, a charity
set up ten years ago by a group of lawyers and publishers in order to recycle legal textbooks and increase education and the rule of law worldwide. Last year, the students received some offers of books from the Surrey legal community, the library, tutors and their peers at the University of Law. These were successfully received in Eritrea in September 2017. Thank you if you donated to that collection. If you or your firm or chambers have any second hand textbooks fitting the descriptions below please get in touch ASAP with ILBFGuildford@law.ac.uk. We still need more books! You can see reports and videos at www.ilbf.org.uk. The ILBF does accept the following: • University/GDL/LPC/BPTC student textbooks on all practice areas (including cases and materials texts) • Practitioner and specialist texts on all practice areas
• Bound series of law reports, eg All England Reports • Legal Dictionaries • Legal encyclopedias, such as Halsbury’s Laws • 1999 Green Book or 1999 White Book • Archbold/Blackstone – Criminal Procedure The ILBF does not accept: • Books in poor condition, either torn or marked. • Books more than 10 years old unless it is the last edition of a text and save as appears above • Non legal books • UK solicitor/barrister directories • Civil Procedure (other than the RSC 1999 – see above) • Statutes based materials such as Company handbooks etc • Unbound weekly parts of law reports • EU or Scots law materials • Current law Citator
University of Law hosts its annual mock trial competition O
n Monday 12th February, over 30 students and staff at the University of Law in Guildford enjoyed the annual mock trial competition. Judged by HHJ Simon Oliver and clerked by Martin Ward of 14 Gray’s Inn Square, this event has become a popular and entertaining insight into the world of Crown Court advocacy. 6 LLB, GDL and LPC students formed two teams of advocates, whilst 4 students acted as the witnesses and defendant. 15 jurors decided speedily to acquit and everybody got home in time for tea! The winners as best advocates were Emily Watts, Adam Smith and Scarlet Taylor-Waller, who each received a bundle of books courtesy of Westlaw. Jack Winthrop won most convincing witness as the Reverend Tonic. ULaw would especially like to thank Simon and Martin for reaching their tenth anniversary of running this excellent event. Photo: University of Law Students at the 2018 annual mock trial competition
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LOCAL NEWS
The Law Society’s Excellence Awards are back for 2018 The Excellence Awards are back for 2018 and are going to be the biggest and best yet. They showcase excellence demonstrated by outstanding firms and individuals across the legal profession in England and Wales. Does peer recognition matter to you too? “I was absolutely delighted to win the award. It was particularly well received being a criminal practitioner, because we certainly don’t do things to receive personal recognition but are driven by our desire to see that justice is done.” Zoe Gascoyne, Quinn Melville Solicitors – Winner, Solicitor of the Year – Private Practice 2017
Don’t miss out This year your chances of recognition have increased as several new categories have been introduced, including Law Firm of the Year for Small, Medium and Large firms, as well as Sole Practitioner of the Year. The new awards are specifically designed to champion the best and brightest firms of all shapes and sizes.
“It meant a lot to win the Excellence Award in Pro Bono – for us it’s a useful way of communication both externally and internally about the impact of our work.” Paul Yates, Head of Pro Bono, Freshfields Bruckhaus Deringer LLP – Winner, Excellence in Pro Bono 2017
You have until Friday 25 May 2018 to enter this year's Law Society Excellence Awards, which will take place on Wednesday 17 October 2018 at the exclusive Grosvenor House Hotel on Park Lane.
“Us smaller firms have an equal chance…excellence isn’t necessarily connected with big firms but with the quality of what you do.” Hugh Adrian Scott Jones, Managing Partner, Hugh Jones Solicitors – Highly Commended, Excellence in Private Client Practice 2017
Check out some fascinating case studies from some 2017 success stories and see how the recognition has impacted their firms, visit: lawsociety.org.uk/excellence-awards You can submit your nomination before Friday 25 May 2018 here: lawsociety.org.uk/excellence-awards
Hundreds will walk for access to justice in Surrey The Guildford Legal Walk is a 10km sponsored walk through the Surrey countryside, taking place on the 11th of June 2018. Last year 250 walkers led by HH Judge Fraser and a team of local judges raised over £11,000. The walk raises funds for Surrey Law Centre. Over the past few years the walk has literally kept the Centre alive. As the law centre is the only specialist legal advice agency in the county it is vital that we help keep its doors open, in order for it to be able to provide its valuable services to the community. The Epsom Legal Walk is a 10km sponsored walk, taking place on the 18th of September 2018. Last year was the very first year of the Epsom Legal Walk, lawyers from Epsom firms Peacocks and TWM joined law centre staff and law student volunteers to raise £1,000 for Surrey Law Centre. Surrey Law Centre operates 11 advice surgeries in the County providing initial legal advice on social welfare and family law to over 1,500 people a year. They receive no government or council funding and all advice is provided by over 100 volunteer lawyers from high street law firms and chambers in the county.
The people that the advice centre helps include families facing homelessness, elderly people requiring community care, trafficked women and children, disabled people, refugees, people who are facing unemployment and those with mental health problems. These vulnerable people have suffered most during the recession. Meanwhile, cuts in civil legal aid and council grants have made access to free legal advice in the county much scarcer. No local high street firms are now providing social welfare legal aid and the county is recognised as a legal advice desert. The money raised by the walks really does make a huge difference in people’s lives. Bob Nightingale MBE, “Founder of LLST and Surrey resident” says: “There is no question that without the funds raised by the Legal Walks in Surrey, the Law Centre would be closed down by now with the loss of help from 100 local solicitors to 1,500 people a year who cannot afford to pay for legal help.” SURREY LAWYER 15
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Should I worry about Bitcoin if I’m getting divorced?
Photo: Victoria Clarke
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here has been no shortage of articles, blogs, interviews and general murmuring about Bitcoin and cryptographic currencies over the last 12 months. Bitcoin itself came into existence in 2008, born out of the global market crash, and has since gone from being worth nothing to being worth £8,395 per coin at the time of writing.
The sender puts Bitcoin into a block (there are other decentralised applications that allow you to put any data in a block, such as a smart contract e.g. Ethereum), which is then encrypted by the individuals (known as ‘miners’) and sent to someone’s public key.
Miners are rewarded for transmitting the Bitcoin as the sender incurs a small fee for sending it. This is the incentive So what is Bitcoin? Is it a product of the Internet’s dark which makes the decentralised application work. The person underworld, only used by criminals to launder money or receiving the Bitcoin can then spend it with their private key spouses to dispose of assets? Or, is it the dawn of a new concept in which currency and technology meet? It may help (just like you would enter your PIN to use your card at a till), and those actions are also recorded on the Blockchain. us to understand what Bitcoin really is and where it comes from. To do that, we need to explain some of Miners: These are computers being told to the terminology: Miners are encrypt the blocks on the Blockchain, for the rewarded for benefit of the decentralised application and Decentralised applications: These are transmitting the themselves. Individuals can mine at home using applications which allow you to offer a service their graphics cards, or big companies can use not under the control of a single person, i.e. one Bitcoin as the much more power to mine faster and make more with no central control like a Bank. In most sender incurs a money. Individual miners are not that common cases, this service is the movement of assets, or small fee for today: the amount of computer power required documents, to another individual and this is sending it. This is to encrypt blocks increases as the amount of done using a ‘Blockchain’. There are various the incentive mining power increases. There is a finite amount services on offer, but the first was Bitcoin. which makes the of coins per decentralised application (Bitcoin for Blockchain: This is a chain comprised of a example will only ever have a total of 21 decentralised series of blocks. These blocks contain data that application work. million). This means that the block reward drops a person wishes to send to another destination. over time and inevitably only becomes a The Blockchain is a process which happens on transmission fee. However, the usage of that Blockchain will the internet, and it is completely public. There are some inevitably increase, which means there are more transactions decentralised applications that can send information to mine and so whilst the payout may be less, the income for anonymously (e.g. Monero), but it is likely that future miners from the transmission fees will increase. legislation will stop the legitimate use of these and so, for the purposes of this article, we will assume we are dealing with Cryptographic currencies: Since Bitcoin, many other the more popular coins which are publicly recorded. decentralised applications have been created which pay out different currencies, known as ‘altcoins’. They are numerous Bitcoin: This is a cryptographic currency. It is a reward that in number and include Ethereum, Litecoin, even Dogecoin, individuals receive for helping to carry Bitcoin over this but they are all an incentive for miners to put their power particular decentralised application’s Blockchain. Bitcoin can towards the Blockchain. also be used as a store of value. These coins are held in a wallet that has a private key (like your PIN number) and a So, Bitcoin is essentially a reward, which can be used as a public key (like your bank account number). A public key currency or traded like a share on the stock market, except looks like this: these markets are for cryptocurrencies. There are various 1BK5Q6hyvpjFc2eSEZtaKbVJkbxKwZBbPT platforms where you can trade Bitcoin and other altcoins. 16 SURREY LAWYER
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I have personal experience of Bitcoin. I became involved in 2011 when I started using my computers to mine the cryptocurrency. This has now developed into mining other altcoins, and being active in the crypto community. I recently started helping to test an exchange platform called the London Block Exchange who are hoping to launch their digital wallet app and cryptocurrency exchange very soon.
The main risk for people now is whether they will have to pay tax on their sold coins. Theoretically sales should incur capital gains tax, which would apply to the difference between what someone bought the coins for and what they sold them for. The difficulty here is with people who have been given the coins in exchange for mining, and HMRC guidance on this is very vague.
The key point here is that all of these trades, all of the blocks, are public and traceable if you know the public key of the individual’s wallet. Therefore, if you are concerned that your spouse may be hiding funds in cryptographic currencies, all that is required is that person’s public key in order to see what they have, and what has been happening in that specific wallet. You can also look on someone’s computer for a wallet, or look into a person’s internet search history for cryptographic-related activity. This is no different to requesting bank account details from a spouse so that you can see what has been happening in their accounts.
It is possible that selling coins that were not purchased will be seen as “highly speculative”, like gambling. A transaction may be so highly speculative that it is not taxable or any losses relievable. To date, HMRC have not updated their guidance since 2014, but they will likely soon do so once they realise just how much tax they could be collecting. People who bought Bitcoin in 2012 for £2.83 are now realising a gain of over £8,000 per coin, which could result in a hefty tax bill if it’s not accepted that it is a highly speculative gain.
There is a fear of the great unknown when it comes to cryptographic currencies, because they are decentralised and therefore people think that there is no one making sure everybody behaves themselves. The reality is that the ledger is public and changes cannot be made to a decentralised application without the agreement of all the people using that decentralised application, so it is very difficult to commit fraud using such a decentralised application.
Victoria Clarke
Solicitor, Stowe Family Law LLP and Vice President of Surrey Law Society
An insight into this year’s marketing trends in the legal sector The main issues for marketers in the legal sector are competitors entering the market at a lower cost, Brexit and GDPR. In uncertain times, law firms will need to use their marketing function to instil trust, improve their customer care and build their brand through clear and reliable communications.
Current legal sector marketing practice Photo: Lara Squires
What is going on in 2018…?
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he legal sector is changing – in an industry that is traditionally relatively robust, law firms are now finding their profits under pressure and chargeable hours falling. Cyber risks and business continuity are increasingly worrying for law firms, according to a recent study by PwC*. So how does marketing fit into the mix? Most law firms understand the value that having a strategic and integrated approach to marketing brings to their organisation, and research conducted by PM Forum** has shown that budget and headcount for marketing and business development will increase in 2018. Client experience is now the top priority for a third of surveyed law firms, and 13% of respondents are looking to re-launch their firm’s brand in 2018.
It comes as no surprise that across the board there has been a marked increase in digital activity. In our own experience we have seen that many of our clients are more open to, and have engaged in, more online activities. We’ve noticed an increase in social media activity, investment in SEO and several are looking at pay per click. The development of content marketing is another growing tool in the legal sector, whilst email marketing remains a strong digital channel. Whilst digital is great, don’t do it at the sacrifice of all else. There will be many firms out there whose target client is the high net worth individual. Do these people respond to pay per click? There is so much that as a law firm you can do in terms of marketing without spending a lot of money. You have a database of often loyal clients who trust and like you so any spend on this group of people will yield a much higher return on
investment. Running lots of campaigns simultaneously will be the best approach so you can monitor what is working best.
Trends to consider for future marketing Law firms need to consider the opportunities that automation and Artificial Intelligence (AI) can provide to improve their efficiencies. This is especially relevant when it comes to time-consuming research or due diligence tasks – there are now intelligent software solutions available that search and analyse text in contracts or legislation within a matter of minutes. Automating client feedback, CRM data or campaign management can provide useful insights into customer profiles and decision-making processes. Whilst ‘robots’ can be very useful to take over standardised work, they will never be able to replace the empathy, expertise and personal service provided by a human being. And marketers in the legal sector must do exactly that: embrace innovative technology solutions that support the business, whilst continuing to build trust and focus on the human element - with the overall aim of improving the client experience.
Lara Squires MCIM Director of Consortium Business Solutions
*Taken from PwC’s Law Firms’ Survey 2017 ** Taken from study by PM Forum and Meridian West ‘Marketing Leaders Benchmark’
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SLS Insight: Get to know your Committee This issue, we discuss all things work, home and Surrey Law Society with our Director and Honorary Secretary, Kieran Bowe. Photo: Kieran Bowe
Why did you join the SLS Committee?
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remember it well as it was late summer 2008, around the time of the collapse of Lehman Brothers and the ensuing financial crisis; they were very difficult times for all, including the legal profession. I am proud of the work and commitment shown by the Committee in supporting the profession in challenging times - this was the trigger for me. What do you enjoy most about being on the Committee? Meeting and engaging with other members of SLS. I have made many friends and professional contacts over the past 10 years and really feel I am a better lawyer for those shared experiences. What are you looking for in new Committee members? Committee members should have energy, integrity, be innovative, creative and independently minded. I would encourage anyone who is interested to be in touch, it is rewarding and worthwhile. Tell us a little bit about the SLS Legal Awards and why people should nominate. The Committee wanted to find a way to recognise and promote the wide range of skills and talent the Surrey legal sector has to offer. The categories are designed to encourage nominations irrespective of whether you are a small or large firm or whether you are just starting out in the profession. The Legal awards are an opportunity to showcase innovative and best practice from our members.
who was already retired, had been advised by her accountant to consider sharing arrangements of the family home with one of her children to save inheritance tax. The tax advice was sound however, through our discussions, I was able to find out my client was concerned about their child’s marriage. I advised alternative planning for inheritance tax, which was implemented. Years later the child’s marriage did sadly end in divorce and when I see my client she always acknowledges how grateful she is that she did not make a gift of a share of her home. It is essential to get to know your clients and what is important to them. What's been your hardest challenge career-wise? Like so many working parents, it is balancing personal and professional life, I don’t always get it right (too many dinners in the dog) but I try. What are the biggest challenges facing the legal profession in the next 10 years? Access to Justice and Legal Aid. I fear there will have to be a significant miscarriage of justice before this issue takes traction with the press. Perceived challenges will also create opportunities, we are just beginning to understand how technology and A.I. will impact our working lives and will change how we deliver advice and services to clients. What's your favourite film? Goodfellas What did you want to be when you grew up?
When & why did you become interested in the law?
Ayrton Senna
I was working for a professional consultancy in Frankfurt in 2000 and spent much time working with lawyers on commercial contracts. After a fantastic year in Frankfurt, I enrolled at the College of Law and never looked back.
What would your autobiography be called?
What firm do you work at and what is your role there? Partner in the Private Client group at Russell-Cooke in Kingston upon Thames. What is the most enjoyable part of your role? Private Client work is diverse and no two days are the same; we deal with real problems faced by real people. What I find most rewarding is getting to know individuals and their families and helping them with their personal affairs and succession planning. There is a real human element to the work we do, but at the same time it is an intellectually demanding and a rapidly changing field. What's been your most memorable career highlight to date? I recently completed the review of a will for a longstanding client to whom I was first introduced as a trainee. My client, 18 SURREY LAWYER
My friends might say BMT (Bowe Mean Time). I am nearly always the last to arrive at the restaurant. Name the 3 celebrities you most admire: For their achievements 1. Nye Bevan 2. Barack Obama 3. Elon Musk What is your most treasured possession? They are not possessions but my wife, daughter (4) and son (3 months) are most precious to me. What's a great book you've read recently? I have not read it yet, but a friend has written a heartfelt and comical autobiographical account of leaving her life as a fashion buyer in London to look after her father, who was suffering with dementia in rural Wales; ‘My Mad Dad’ is next on my reading list.
ARTICLE What do you think is the greatest invention of all time and why?
What would you do if you were invisible for a day?
It is certainly not the greatest invention of all time but I cannot imagine life without my phone, I get very grumpy when I can’t find it.
What three items would you take to a desert island?
Not change any nappies.
What is your favourite day of the week and why? Despite the early start, it must be Saturday. I prepare breakfast for my four year old daughter (she enjoys porridge with honey from Russell-Cooke’s very own beehives) before dashing out the door for swimming lessons at 8:30. After swimming, as a family, we head out to Ascot or Virginia Water for Brunch before racing to Windsor; we often make it to ballet lessons with just moments to spare. The afternoons are for family time, we may head to the park or take a walk together. We finish the day with a family dinner at home or at one of our favourite family restaurants.
Would you be interested in joining the Surrey Law Society Committee? We meet approximately 4 times a year, alternating between Guildford and Kingston, plus the AGM in November. The main role of the Committee is to oversee the strategic and practical management of the Society. The Officers and Members of the Board work together with the CEO to deliver a programme of CPD and Social Events throughout the year. The Board is responsible for responding to consultations and for lobbying on behalf of the wider Surrey membership. We provide support for members experiencing problems, help them with job searches and assist with complaints.
I am no Bear Grylls - I would take 20 Marlboro Lights, a good bottle of Rioja and hope Uber Eats deliver What is one thing you wish you had known when you were younger? To invest in Apple. What would you be lost without? Google Maps What instantly puts you in a good mood? Jump Around by House of Pain ...I grew up in the 90s
Kieran Bowe
Honorary Secretary, Surrey Law Society; Partner, Russell-Cooke Solicitors There are also a number of Sub Committees that report to the Board including: Quo Vadis Strategy Group, Conveyancing & Land Law, Financial and Social. You do not have to be a full Committee member to serve on a Sub Committee. To find out how you can get involved and how you might contribute to the work of the Society, we invite you to come along as an observer to 2 meetings before making any decisions. If you would like to find out more about the work of the Committee or the Society, please do not hesitate to contact Helen Opie at helen.opie@surreylawsociety.org.uk or complete the application form below.
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Surrey Law Society Application Form for Committee or Board Membership
If you would like to apply to join the SLS Board and/or one of our Sub Committees we would be delighted to receive your completed application form (below). Please send to Helen Opie, Surrey Law Society, c/o Russell Cooke Solicitors, Bishop’s Palace House, Kingston Bridge, Kingston upon Thames, Surrey KT1 1QN or scan and email to helen.opie@surreylawsociety.org.uk. Name
Firm’s Name Postcode
Contact email
Qualification (solicitor, Legal Executive)* Specialism(s)
Year of Qualification
Are You a member of SLS?**
Do you want to join the Board as a Director or serve on a Sub Committee? (please indicate) What area of SLS’s work/which committee(s) particularly interest you? (see Guidance Notes) What particular skills, qualities and experience could you bring to that committee? Whilst it is not essential to know an existing member, do you know anyone on the Board or a Sub Committee? Please provide the emails and/or telephone numbers of two current members of the SLS with whom we may discuss your application.
❑ Yes
Board Only
❑ No
Area of work:
Please Print name:
Board & Sub Committee
Sub Committee:
Skills: Qualities: Experience:
❑ Yes ❑ No If yes please tell us their names(s): Name 1: Email: Tel:
*Legal Executives are eligible to sit on sub-committees
Signature
Sub Committee Only (Please state)
Name 2: Email:
Tel:
**You must be a full SLS member to join the Board Date:
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The Civil Justice Council’s ADR workshop In Autumn 2017 the Civil Justice Council published an Interim Report about the future direction of ADR provision in England and Wales. The Review was chaired by William Wood, QC. Photo: Tony Guise
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esponses were required by 15 December and a workshop was convened on 6 March 2018 to obtain practitioner and service provider views en route to a new approach to ADR in the 21st Century. About 70 delegates attended, representing not only practitioners and mediators but also service providers, the NHSR and HMCTS. Central issues for the Review and some of the points made are below:
• Where is the unmet need Particular areas may be singled out such as:
Clinical Negligence - building on the existing NHSR Mediation Pilot but including arbitration and, following an intervention by Andrew Ritchie QC, separating liability from quantum
Boundary and similar disputes
Trust and Probate related issues
• The controversial decision to omit arbitration from the scope of the Review
Many were in favour of including arbitration. The impression was given that this will be brought within the Review
That may only be for summary versions for claims worth less than £25,000 such as the PICARBS’ scheme for personal injury and/or clinical negligence.
The place of online solutions in enabling effective ADR
There is a growing reality that the tsunami of LiPs using the system, after the increase in the personal injury small claims limits in April 2019, can only be accommodated by online solutions
That reality was matched by a growing sense that the Online Solutions Court will not be ready in time and that a privately funded Platform will be needed in order to manage the workload supported by an effective AI run chatbot program.
• Should ADR be compulsory so as to change culture and take-up
Whatever delegates might believe on this thorny issue (and there were many asking for compulsion) it was made clear that the Civil Procedure Rules Committee were vehemently opposed to compulsion.
Nevertheless attention was drawn to The Claims Portal which is not compulsory but where the governing protocol speaks only of an expectation that it will be used
That expectation sees more than 400,000 claims resolved in a form of ADR every year
This led to strong calls for any such approach to be supported by a cloud-based platform as with the Pre-Action protocol for low value claims There were no decisions but plenty of food for thought served up to the members of the Review. Final submissions may be made cjc@judiciary.gsi.gov.uk on or before 31 March 2018.
Tony N Guise Director, eARB Limited
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FINANCIAL PLANNING
Financial planning for retirement John Hutton-Attenborough, Chartered Wealth Planner, HFS Milbourne looks at the issue of longevity and financial planning for later life Photo: John Hutton-Attenborough
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inancial planning for retirement is often based on ‘average’ life expectancy – but what exactly is an ‘average’ lifespan? We know it’s a fluid term which can be influenced by marital status, family history, health and wealth and lots more besides. According to the Office for National Statistics (ONS) the average life expectancy for women is 82, for men it is 79 years of age. But, the ONS has recently added to the conundrum by releasing data on two additional measures, median and modal ages at death. According to the ONS, the variation between the mean, median and mode life expectancy is more than six years for women and seven years for men which, in terms of financial planning, cannot be ignored. ONS stats are based on average life expectancy which represents the whole country across all demographic profiles. As we live in “affluent” middle England it is likely that the local population i.e. our clients will be on the “above average” spectrum which could have a bearing on longevity. Add to this the state of flux in the Care Act 2014 and the whole issue of planning for later life becomes more complex. Changes to the Care Act Cast your minds back to the 2017 election campaign and you might remember the lengthy debates on the whole topic of social care, in particular, the funding for those in care. You might also be wondering what the current state of play is now that the dust has settled. To recap, we need to reflect on the Care Act 2014, the single largest change to health and social care policy for a generation, bringing together all existing legislation on social care services into a single legal framework. So far only Part 1 has come into force. The Government announced that Part 2, which was set to introduce hefty financial reforms to the care system, has been delayed until 2020. There is currently a consultation process in progress and it is difficult to say whether the changes outlined in Part 2, which amongst other things, proposed a £72,000 cap on care costs and a higher capital limit, will ever come into being. The implications for those needing care now Whilst elements of the Care Act are in limbo, nothing has changed. The funding of a person’s adult social care continues to be subject to means testing and remains the responsibility of the individual until their assets fall below £23,250.
Photo: Nicki Sparks
In Surrey, someone who is funding their own care would typically be paying between £1000/1500 per week, whereas local authority support often falls a considerable way short of this amount. As it stands, once assets drop below the threshold, individuals may find themselves faced with the prospect of finding alternative accommodation, which can pose quite a challenge as the impact of moving an elderly family member cannot be underestimated. Financial options for those in care It’s likely that the consultation will take a long time to complete and that makes planning for those either in care now or likely to need care in the future more difficult. In the meantime, conventional means of meeting costs are likely to continue. Options for those already in either a residential care or a nursing care home include an Immediate Needs Annuity which secures an income stream for the rest of the individual’s life which, as the ONS figures suggest, could be a significant period. The income covers all or part of the care home costs for the life of the individual and is tax free as long as the annuity amount is equal to or less than the charge made by the care home. Other considerations include an equity release scheme such as a lifetime mortgage which can be taken out by individuals regardless of the value of other assets they hold. Interest is generally fixed for the term of the loan, and proceeds can be taken out as either a lump sum, or drawn down over time. This could then be used to purchase an Immediate Needs Annuity as detailed above. Alternatively, with the new pensions freedom arrangements in place, it’s possible that an individual’s pension could provide a further source of funding for long-term care. As it can be seen, there is plenty to ponder and we are talking about quite a complex area compounded by the fact that legislation moving forward is still unclear. As always, if in doubt, seek professional advice, preferably from an accredited member of the Society of Later Life Advisers (SOLLA).
John Hutton-Attenborough & Nicki Sparks HFS Milbourne
SURREY LAWYER 21
MANAGEMENT
Establishing your own law firm - what are the key ingredients? Daphne Robertson is Founder and Senior Partner of DR Solicitors, a firm that provides comprehensive legal services to primary healthcare practitioners from across England and Wales. Photo: Daphne Robertson
Client-centred approach: ased in Guildford, DR Solicitors is recognised as one of the UK’s leading healthcare law firms, with in-depth, specialist knowledge of the legal and commercial aspects of running a medical practise.
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At DR Solicitors, we are passionate about delivering solutions for our clients which deliver real value to their practices. We only work with primary care practitioners so we are all specialists in the field.
Here, Daphne explains what she considers to be the key ingredients for establishing a successful law firm?
We know that our clients are often seeing their patients during normal office hours, so we make ourselves available at times and in ways that suit them. We can conduct out-ofhours conference calls or Skype meetings with GPs insurgery. All our files are electronic, making it possible to access them from wherever we, or our clients are. We have been a paperless office for over fourteen years which helps with our efficiency.
Identify a gap in the market: In 2003, after enjoying a successful career working for Freshfields, I spotted a gap in the market that led me to establish DR Solicitors. At that time, a reorganisation in primary healthcare led to an increase in rules and regulations. I saw that the sector was in need of specialist legal services, something that was unheard of at the time. I recognised this situation as an opportunity to set up a firm that truly understood the specialist needs of healthcare professionals, including GPs and dentists as well as other primary care providers. The team I formed around me were experts in NHS regulation and understood the interrelationship between different aspects of medico-legal practice. Spotting a need within a market, and then meeting that need, provides you with a solid foundation upon which you can build a successful firm. Clear focus: When striking out on your own, it is vital that you have a clear business plan in mind, and have thought about every permutation. Using this approach will help to minimise the risk of your new venture failing.
Constructing your firm around the needs of your clients helps you to build excellent client relationships and lets your clients know that you understand them and their industry, seeing issues from their perspective. It also enables your firm to provide your clients with a cost-effective, efficient and quality service. Flexibility: Having a flexible approach enables you to respond to regulatory or other changes within the industry and adapt your services accordingly. At DR Solicitors, our industry sector has seen significant changes since we started out 15 years ago. We pride ourselves on our ability to pivot with these changes to maintain our market-leading service. We have always taken the view that we need to support our clients with all their legal needs, so over the years we have extended our capabilities to adapt to their changing requirements.
You have to identify a target market and build a business We started out with a team of solicitors who worked plan around what your customers want to buy. It’s got to be a remotely, (one of the first firms of its kind in the country). client-led service and you’ve got to work out how to deliver But over the past three years we realised we needed a solutions to clients and not to present obstacles. different working model to include lawyers at various stages Tenacity: in their careers. We also saw how this approach would help Having a tenacious attitude to making your firm a success is to secure our longer-term development. Presently we employ paralegals and solicitors at our headquarters in Guildford a must if you wish to establish your own legal practice. It requires hard work, sacrifices and long hours. You have to be who work alongside our consultant lawyers. Combining these two ways of working in our operational structure adds sure that you are willing to put the effort in and keep your strength to our team and assists in continuing to develop our goals in mind through the tough times. You also have to solid firm culture. understand yourself, your strengths and weaknesses, and seek to ideally build a team around you that will compliment It’s important to embrace change where necessary and to these characteristics. bring people on the journey with you. It is also important that you are committed to learning all you can about your competitors and what the industry is Daphne Robertson Founder and Senior Partner, DR Solicitors already providing. Work out how you will distinguish yourself, especially if you are entering into an already saturated legal field. 22 SURREY LAWYER
FINANCIAL
Is the government creating a tax trap for themselves in future years by decreasing the pension limits to just £10,000 pa for high earners? From April 2016 high earners (i.e. those earning over £210,000) are restricted in the amount that they may pay into a pension, and as a consequence the ability to build large pension funds for use in retirement has diminished materially. At the same time the amount that an individual may pay into an ISA has increased to £20,000 pa. So for a couple the amount that may be saved tax free annually has increased to £40,000 pa. It is easy to see that over a period of 20 years or so it is possible to save significant funds into the ISA portfolio. If we assumed a couple making maximum ISA contributions for 20 years with a growth rate on the funds of 5% pa then such a scenario would create an ISA portfolio of £1,388,000 at the point of retirement. If we assumed a 5% annual drawdown on these funds in retirement then the couple would be able to draw an income of £69,400 pa with no liability to income tax. In effect with basic state pension included for each of the couple at £11,000 pa then they would be able to enjoy an income of £91,400 pa without any liability to tax at all for the remainder of their lives. This would in effect mean that the government would miss out on additional tax revenue of circa £20,560 per year ad infinitum. Obviously this scenario over simplifies the position that might be faced in reality, but it is easy to see that with the population getting older the government should be looking to gain additional tax take from the increasing number of retirees. The new scenario with ISAs overtaking pensions as the retirement savings route of choice for high earners may leave this requirement lacking in the future. It may well be that the additional pensions built up through auto enrolment for lower earners provides for some additional tax revenue in the future, but looking at the tax distribution accounts for the UK in 2016 it
is clear that the top 0.5% of earners in the UK currently pay some 28% of all income tax revenue. Surely it cannot be the government’s intention for these same people to pay little or no tax in their retirement when a low earner who might have built up a modest pension paying them £10,000 per year on top of their state pensions benefits might have to pay £2,000 tax per year in retirement? The famous controversy from 2007 where it was widely reported that private equity bosses were paying less tax than their cleaner springs to mind. Whatever the intention of government, one might suggest that the short term increase in the tax receipts from high earners is necessary for the country’s finances today? Inevitably pension legislation will change again in the future but for now the potential tax trap for the government remains. In any event, the current ISA shelter of £40,000 per year for a couple is very attractive, and assuming that an individual is able to afford it, then maximum benefit should be taken while it lasts. ISA allowances are currently £20,000 pa for an individual, regardless of circumstances. There are four types of ISA account: a cash ISA, a stocks and shares ISA, an innovative finance ISA and a Lifetime ISA. You may contribute to one or all of these ISA accounts in any tax year, although you may only pay £4,000 pa into the Lifetime ISA account in any one tax year and you must meet the eligibility criteria.
Tim Mckechnie, Investment Director, S4 Financial Limited
IGNORANCE IS NO DEFENCE
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SURREY LAWYER 23
DIVORCE
Divorce and Education Fees By Lee Clark BA (Hons), FPFS, Chartered MCSI, Chartered Financial Planner, Brewin Dolphin
and Mena Ruparei MCIArb Photo: Lee Clark
Chief Assessor of the Law Society Accreditations, Chief Examiner of CILEx Family Law, Solicitor, Arbitrator and Author of Matrimonial Finance Toolkit for the Law Society
Photo: Mena Ruparel
Agreeing your child’s future education together o-parenting following the breakdown of a relationship can bring with it a number of challenges for parents. One subject that is likely to be close to the hearts of all parents will be the matter of educating their children, perhaps through to the end of university education. The cost of education Education, as every parent knows, can be a costly business. The average cost of sending a child to private day school is now over £14,000 a year. University tuition fees alone cost up to £9,250 a year, add in maintenance costs for the likes of food and rent, and the expense of a university education can soar. Many parents are happy to make financial sacrifices to ensure their children receive the best education. What they are buying for their offspring isn’t just academic excellence,
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Chart 1. Average school fees (excluding nursery fees)
Day fee
but world-class sporting, drama and other facilities, as well as a solid preparation for a fulfilling later life. On top of that, nobody wants their children to leave university saddled with debt. School fees have soared in recent years. The average overall fee for private education, excluding nursery fees, increased by 3.5% between 2016 and 2017. This was the lowest annual increase since 1994, but still outpaced inflation. Average day school fees are now £13,419 a year. The average boarding fee in 2017 was £32,259 a year, 60% higher than a decade ago. Headline fees are not the whole story. Bespoke school uniforms, musical instruments and potentially expensive school trips can significantly add to the already substantial costs. Day fee
Day fee
Age group
Boarding fee
(boarding schools)
(day schools)
(average)
Overall average fee
Senior
£10,618
£6,325
£4,701
£5,002
£5,943
Overall
£10,753
Sixth form Junior
% change
£11,243 £7,850 4.1%
Source: ISC Census and Annual Report 2017, 28 April 2017
£6,791 £4,788 £6,043 3.7%
University challenge The pressures don’t end once your children reach the age of 18. University tuition fees for courses beginning this September are up to £9,250 a year and few universities charge less than this maximum. Living costs – accommodation, food and so on – still average £12,160 a year, according to the National Union of Students. State-sponsored loans exist to cover university costs, but that means many students complete their degrees heavily in debt. Interest starts to accrue on the money your child borrows from the moment it arrives in his or her account. Students graduate with average debt of £44,500, according to the Sutton Trust. Student loans are not loans in the conventional sense, as repayments are linked to how much the graduate subsequently earns. Unlike a mortgage or bank loan, if isn’t repaid after 30 years it will be written off. However, during those 30 years, being heavily in debt can severely narrow opportunities. It makes getting on to the property ladder harder, making it more difficult to save for a deposit and get a goodvalue mortgage. By reducing take-home pay, student debt also hampers the ability to save for the future. How much will you need to pay? This is the first question you need to ask when building a school and university finance plan. Establishing how much you are likely to
£4,846 £4,172 £4,473 3.6%
£5,277 £4,223 £4,702 3.5%
£7,304 £4,290 3.5%
need will involve estimating costs and taking into account inflation perhaps decades into the future. This can of course seem daunting however it is necessary if you want to be fully prepared for what is ahead. If school fees increase by an average of 5% a year, it will mean fees per term could double from the time your child first starts primary school to when they finish the sixth form: better to be prepared, than potentially put your children’s futures in jeopardy. Relationship breakdown If you are going through a relationship breakdown and would like to ensure that your children’s education needs are a priority, you can do this by using non-court dispute resolution processes and choose to put your children first. Your family solicitor in conjunction with a Financial Planner, can ensure the requisite consideration is given to this matter. You as parents can decide to allocate appropriate financial resources to ensure that the educational requirements of your children are agreed and met. The good news is that the cost of education need not be a financial burden with careful planning.
The value of investments can fall and you may get back less than you invested. The above information is for illustrative purposes only and is not intended as investment advice. The information contained in this document is believed to be reliable and accurate, but without further investigation cannot be warranted as to accuracy or completeness. The opinions expressed in this document are not necessarily the views held throughout Brewin Dolphin Ltd.
24 SURREY LAWYER
Conveyancing searches?
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WILLS AND PROBATE
Lola... Lola is a loveable staffie from Manchester who, like many dogs across the UK, had a loving owner who took her for walks, played her favourite games, and gave her all the love and attention she needed.
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ut at just 5 years old her world was turned upside down when her owner unexpectedly passed away, and Lola suddenly found herself all alone with no other family to take care of her. Fortunately Lola’s owner had made provisions for her with Dogs Trust, by registering on the Canine Care Card Scheme. Dogs Trust had promised mily with her new fa to take care of Lola should the worst happen, which is how Lola heading home she came into the care of Dogs Trust Manchester. Your client simply returns a form to Dogs Trust and we issue them with a wallet-sized card, which acts in a similar way to an organ donor card and Naturally the staff were smitten with Lola’s huge smile and lovely notifies people of their wishes for their dog. temperament, and made sure she settled in well after the loss of her beloved owner. However it didn’t take long before a new family came along and Once their dog arrives at one of our rehoming centres, they will be examined swept Lola off her feet. Mikala came to Dogs Trust looking for a canine by our expert vets and cared for by our dedicated, trained staff. We will companion who she could take away with the family in her campervan. On endeavour to find them a new owner whose lifestyle and experience match meeting Lola for the first time, she said: “When I said 'Hi' she wagged her tail their needs. If for any reason they cannot be rehomed, rest assured Dogs even faster, so I suppose she chose us first, and who could resist her Trust never puts down a healthy dog, so we will look after them for the rest of beautiful face? We took her for a walk and she was really good with me, their lives. my husband and our daughter so it was decision made.” Request a Canine Care Card registration form now and help your client gain One in every four of your clients has a canine companion. Naturally they’ll the peace of mind, knowing their dog will be cared for should anything want to make provisions for their faithful friend. And now you can help them happen to them, by calling 020 7837 0006 or email ccc@dogstrust.org.uk at absolutely no cost by requesting a pack of Canine Care Card forms today. and quote code 333740.
26 SURREY LAWYER
WILLS AND PROBATE
A family’s unexpected discovery changes the way the estate is distributed Where do you turn when a person has died without a valid Will and the family cannot tell you all the information needed to administer the deceased’s estate? Even when the family believe they can, do you execute the administration process, relying solely on the family testimony available at that point?
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nvest countless hours in trying to establish the family and piece together a family tree? Or do you enlist a specialist to check the facts, because they might just uncover information that could change the facts of the case altogether? Elsie Wright’s case illustrates why instructing a professional genealogist to verify facts is always best practice. Elsie Wright was born in 1930 in Ilkley, West Yorkshire, and she married George Strong in 1966. Elsie and George never had any children and she passed away in a nursing home in 2012, two years after the death of her husband, without leaving a Will. With no children, Elsie’s two nephews, David and Robert, believed themselves to be the sole heirs entitled to their aunt’s estate. Their mother Helen, Elsie’s only sibling, had passed away many years ago. With such a simple family history, the solicitor assumed that the estate administration would be a straightforward matter, but, having a thorough approach to his work, he pursued clarification using Fraser and Fraser’s Family Tree Checker service. This service involves reviewing the existing documents, certificates and family tree, and checking the details against the available transcribed databases to provide an expert genealogical opinion on its accuracy. In this case, the story had only just begun. By 1960s standards, Elsie was an old bride at the age of 36, and this sparked the interest of our Case Manager. Further research delved into Elsie’s past and uncovered an unexpected discovery. Elsie was previously married at age 23, and that marriage had resulted in the birth of a son named David.
This was a revelation that could potentially change the way Elsie’s estate would be distributed. It was previously understood that Elsie had no children and her estate would be shared between her two nephews. The discovery led the search for heirs in a new direction. Our research proved that Elsie divorced her first husband, but what became of the child continued to be a mystery. Elsie’s son appeared to have lived with her for the first year of his life but then no record of him could be found. He had not been formally adopted, and this would mean that, having legally remained Elsie’s son, he would retain the right to inherit her entire estate. The search continued and revealed a well-kept family secret that would change the nephews’ entitlements to the estate. Although David had been raised by Elsie’s older sister Helen, he was not her biological child. The woman he knew as Aunt Elsie was, in fact, his biological and legal mother. Following Elsie’s divorce, and given the societal pressures of the time, Elsie had given her son David to be raised by her older sister, Helen. After careful research and expert handling, a case that was brought to us with seemingly clear beginnings could now be rightfully distributed. Family secrets, informal adoption, multiple marriages and a lack of research expertise can all play their part in making research more complex than it originally seems. Fraser and Fraser’s Family Tree Checker service gives you the chance to discuss the complexities of the case with us. We check for inconsistencies, gaps and question marks so that we can advise you on the best way forward.
GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS Phone: 020 7832 1430
I am a Solicitor
Email: info@fraserandfraser.co.uk
Looking ffor or Missing Beneficiaries Missing Beneficiary Insurance Certificates Will Search Missing W Wiill Insurance Industry Regulation International Bankrruptcy Search Asset Search Share V Vaaluations, T Tra ransffers and Sales Probate Property Assistance
SURREY LAWYER 27
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PROPERTY
2018 – The Year of the Dog; or a dog of a year?
by Kevin Johnson
Time is a great healer, or so they say; for the Johnson family, the end of 2017 couldn't come quickly enough and it may be sometime before we are 'over' some devastating family events. But life continues and we have moved into 2018 positively and with a great deal to look forward to.
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his time last year, I wrote an article for Surrey Lawyer and observed that it felt like the whole world had shifted ever so slightly on its axis in 2016. I don't think that it has shifted back yet!!
should be in the ascendancy in 2018; and the abolishment of stamp duty for all properties up to £300,000, saving four out of five first time buyers up to £5000, will, no doubt, help to fuel this improvement.
There were some big events in 2017. North Korea test fired ballistic missiles, Catalonia voted for independence, Donald Trump was sworn in as US president and the #MeToo campaign gained broad backing.
As always, there will be geographical differences across the country but it would appear that more homes are being placed onto the market. One of the biggest issues in the UK property market has been the lack of houses being supplied for sale. Homeowners will surely start to work out that whilst their houses might be worth less than they were, if they are buying another it doesn't really matter; the key influencing factor is the gap between what they sell for and what they have to pay.
But what else made the news.... well, Article 50 was triggered by the UK government, setting a two year deadline for Britain to leave the EU; that handsome Frenchman, independent centrist Emmanuel Macron was elected President defeating, thankfully, his far right rival, Marine Le Pen; computers around the world were hit by WannaCry, a huge ransomware cyber attack; As was the case last year, whilst the economic outlook remains uncertain terrorism again hit our shores, this time at a pop concert in Manchester with (I am so over Brexit - it's time to move on!!), yet more people are other attacks at London Bridge and Borough Market; serious questions were employed, borrowing costs remain rock bottom and mortgage approvals raised regarding Building Control after 71 people died in the blaze continue to increase. at London's Grenfell Tower; Mexico suffered a devastating Now the poor old estate agent (sic) comes in for a fair And so, earthquake; Angela Merkel suffered no such loss of stability amount of criticism but there is no question, in my what of winning a fourth consecutive election; the Paradise Papers, more experience anyway, that many local agents care very much the 2018 than 13 million documents, revealed the hidden wealth of the not just about their own businesses but about providing a prospects world’s elite - I didn't feature! level of service that their customers need and expect. And
in the In better news, Robert Mugabe stepped down as president of let’s face it, if they didn’t engage in the process and world of Zimbabwe after 37 years; China announced its plans to create challenge others to do the same, then our broken housing a giant panda reserve three times the size of Yellowstone market would be in an even worse state. property National Park; Saudi Arabia relaxed guardianship laws for conveyancing? The same could be said about local solicitors and the very women which is a significant step towards gender equality; marked differences between employing a Licensed nations have joined hands to curb ocean waste and, at long last, we Conveyancer or a Solicitor from within the community, and looking for the seem to be waging a war on plastic. ‘cheap’ alternative online. Prince Harry announced his engagement to his soulmate, Meghan Markle, divorced, biracial and American - any one of which would have been enough to rule her out for the British Royal family not so long ago; Usain Bolt bowed out after the World Athletics Championships in London, retiring as one of the most successful athletes in history; Lewis Hamilton won his fourth F1 drivers title equaling the record of Sebastian Vettel but still leaving him three short of Michael Schumacher's world record seven victories. And so, what of the 2018 prospects in the world of property conveyancing? As I mentioned at the outset, I am approaching 2018 both positively and with optimism and I do genuinely believe that our housing market will improve this year. Interest rates are expected to remain low and although an increase to 0.75% in late spring is expected with most borrowers on fixed rates, it is likely to go unnoticed by most homeowners. With the economy still weak, the market doesn't expect any further hikes across the year and so mortgages will remain cheap; housebuilding will continue to rise with government initiatives starting to bear fruit. This should start to significantly benefit first time buyers who
As we move with purpose into 2018, let’s champion our local heroes. In addition to helping build the local economy, there are also notable intangible benefits that come from supporting businesses in our communities. Local businesses are owned and operated by your neighbours! They care about, and are invested in, the well-being of the localities in which we live and work and its future. I wrote on LinkedIn recently that “As we strive continually for ‘efficiency’ and ‘savings’ by moving more and more to faceless online servicing, there are very clear reasons why the High Street and local representation are still so crucially important. Index Property Information recognises this perfectly and our old fashioned ‘values’ based operations means that we know our customers, and they know us, ensuring that the service standards never fall, leading to.... efficiency and savings!!” ■ For more information please contact me at 0203 044 2758 or on email at kevin.johnson@indexpi.co.uk
SURREY LAWYER 29
FORENSICS
How hair testing can help build a history of substance use Hair tests are a reliable, fast and cost-effective way of proving drug or alcohol use.
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hey’re highly accurate, with a long detection window and almost impossible to cheat. Hair tests can give rich information about the nature of, and conditions for, substance use by an individual. 1. Patterns of substance use When a person stops using drugs or alcohol, the levels of the substance in their hair drop very quickly. For this reason, it’s possible to pinpoint when a donor significantly increased or decreased their consumption levels. Laboratories typically test for changes in consumption across month-long periods. Traces of drugs or alcohol can also remain present in hair for up to four months after a person stopped using a substance. This is because hair exists in either a growing or resting phase. ‘Resting’ hairs are dead but still attached to the scalp – and can therefore test positive for substances that are not present in the growing hairs around them. 2. Concentration of substances Contrary to reports by some hair test laboratories, it is not possible to judge how much of a drug an individual used. Partly, this is because our bodies metabolise target substances at different rates. Moreover, drugs vary in their purity, in turn depositing greater or lesser concentrations of the substance in hair. Such obstacles don’t exist for alcohol. The Society of Hair-Testing agrees that hair samples with less than 7 picograms per milligram of alcohol suggest the donor has abstained from using alcohol. Readings of more than 30 pg/mg indicate that the donor uses alcohol at chronic levels. As such, hair tests offer a reliable indication of how much alcohol a person consumed in a given time period.
3. Types of substance use It is possible for hairs to test positive for cocaine or cannabis even if the donor has not used the drugs. Hairs can be contaminated on their external surfaces when a person is near another using a drug because the molecules of the substance are in the air. The testing laboratory can prevent this from affecting the donor’s test result by washing the hairs to remove external contamination. Washed hairs that still contain drug metabolites are evidence that the donor’s body has processed the drug – and, therefore that the donor used the drug themselves. Understanding the limits Hair tests can help family lawyers understand the circumstances and nature of a person’s substance use – including patterns around use, the amount of alcohol they drank and whether or not they took substances themselves. The individual commissioning the hair test must tell their laboratory which of the three types of contextual information above they need from their hair test. Professionals must understand the limitations around these three insights to make successful evidence-based decisions – which could have impactful real-world consequences for the individuals and families involved.
Dr Lolita Tsanaclis Scientific Director of Cansford Labs Ltd., Cardiff cansfordlabs.co.uk
PAY DISCRIMINATION
Can an unequal pay policy be fair or is it always discrimination? Jane Crosby from Hart Brown comments on the recent pay audit at the BBC, and warns companies to ensure they are compliant with equal pay legislation. Photo: Jane Crosby
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ollowing increasing pressure raised by the publication of their employees’ salaries, the BBC instructed accountancy firm PricewaterhouseCoopers to carry out an audit of the pay of its staff. PwC made a number of recommendations including a clear pay framework, narrower pay ranges, simpler contracts and allowances, and improved transparency, and the BBC has said it will put forward a number of proposals to staff including: • A new on-air framework for determining the pay of people on air. • Greater pay transparency. • Review of career progression and working practices for women. • An acceleration of work to achieve 50:50 representation across the BBC by 2020. There will be a period when the BBC will carry out a consultation process with staff before the proposals are introduced to reach an agreement. The report has concluded that there is 'no gender bias in on-air pay decisions' However, it appears this conclusion has not been accepted by a number of women working at the BBC, who contend they have “been excluded from the process” and remain sceptical about its findings. Such a high-profile debate has helped raise this important issue and hopefully address it so that companies can learn from it. Ideally a business would not wait for an issue to be raised by any of its
employees, and should make sure that pay policies are compliant with equal pay legislation. An employer may have several defences for pay disparity as long as it is not discriminatory. For example, they can say it’s because one person is performing better than the other in a role, their length of service is longer, or that they were hiring your colleague at a time when there were skill shortages and so had to make a higher pay offer. In the case of a sales person, for instance, the employer could say that while two workers are in the same role, one brings in more money than the other and so is paid more due to performance. However, should they use any of these justifications, they would have to be able to prove them. It is sensible for companies to carry out a similar type of audit process as the BBC either internally or by employing the services of an outside agency and then seeking to address any genuine imbalances in salaries. It will be interesting to see if the proposals put forward satisfy the women who have raised grievances against the BBC regarding their pay. In any event it is always sensible to resolve these issues to help any organisation move forward successfully.
Jane Crosby Associate, Dispute Resolution, Hart Brown Solicitors SURREY LAWYER 31
BILL OF COSTS
Time recording and the new electronic Bill of Costs Time recording is a must for any practice but I would submit more so in litigated matters where budgets are required and if there is any chance of an assessment of your costs whether by summary assessment or detailed assessment.
M
ost Firms now have computer programs for recording time not least that this helps form a basis for invoicing for fees. Whether you use a computer system or just pen and paper the time records are only as good as the information given by the person recording the detail.. Historically time recording computer systems were put in place by the accountants who needed to know what the work in progress was for both individuals and the Firm but at a time when most matters were invoiced at the conclusion. Depending on the retainer, nowadays matters are usually invoiced at regular intervals so the work in progress is kept to a minimum, cash flow is improved and the client is kept fully informed on the amount of costs being incurred.
The importance of recording time is numerous. From the Firms point of view there needs to be an accurate record of the time incurred and how that time was spent so that the matter can be invoiced appropriately. For each individual matter there needs to be a clear and concise record of key information, noting what was done, by whom and a clear record of how long was spent on each task. I am frequently asked how long attendance notes need to be and my answer is always that so long as they record the key information they need not be very long. Clearly if the subject matter is important the detail needs to reflect this but a paying party is likely to raise concerns if you are claiming more time preparing a typed attendance note than the attendance itself. With the advent of budgets litigators should also make a note of which phase the work should be assigned to. This is not just so as to make it easier for the draftsman preparing the budget but more importantly so that a fee earner can monitor anticipated costs and ensure that the budget for each phase is not exceeded as there is a real risk that such costs will not be recoverable. From 6th April there will now be another reason to ensure that the appropriate phase is recorded. For all work after 6th April 2018 a Bills of costs for detailed assessment must be in electronic spreadsheet format with certain exemptions as noted below. There is already a requirement for Bills of Costs to be split into Parts to reflect the phases for both incurred and anticipated costs at the point of the last agreed or approved budget. I would submit with the compulsory new Bill of Costs and the requirement to indicate phases it is now far more important as any differences will most likely be more apparent to both the paying party and the court. CPR Part 47 PD 5 sets out that the new electronic Bill of Costs is compulsory for all work after 6th April 2018 in respect of all Part 7 multi-track claims except proceedings which are subject to fixed costs or scale costs; cases in which the receiving party is unrepresented; or where the court has otherwise ordered. The new electronic Bill of Costs will take some time for the courts and others to adapt to but one thing remains constant and that is the need to keep a proper record of time. I have always contended that there are just two tests when considering a claim for any given item for costs; firstly evidence that the time has been incurred and secondly whether all of the time is recoverable. Unless there is clear evidence of the first test there is no need to move onto the second test.
Paul T. Carter Costs Lawyer, Temple Costs Lawyers 32 SURREY LAWYER
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CONVEYANCING FOCUS
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CONVEYANCING FOCUS
Reducing risk in conveyancing: are you using a full flood assessment? In these days of digitised property information, conveyancers have a wide choice of search reports at their fingertips when considering how to best identify risk for their client’s chosen property. What is surprising, is that only about 17%* of orders placed with Geodesys, include a full flood assessment, meaning a large proportion of homebuyers are unaware of potential flood risk.
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ome owners tend to have both insurance and warning systems in place to protect themselves against fire and burglary, yet very few take steps to reduce the chances of their property being flooded. This is quite worrying given that the average cost to rectify flood damage stands at £28,000, compared to the average £7,200 to fix fire damage, and £1,000 on resolving damage after a burglary. What are the risks? According to the latest information from the Environment Agency, the UK currently has 5.9 million properties at risk of flooding, equating to one in six homes being at risk –an increase of 400,000 properties since just 2013. Flood damage devastates memories, lives, and properties. It can increase the risk of illness and it costs large sums of money and time to put right. In terms of monetary disruption, not only will flooding affect the price of buildings insurance, but it will also cause disruption later on, when obtaining a mortgage and eventually reselling the property. Educating homebuyers Flooding can happen anywhere, even if a property is not next to the sea or a river. Surface water flooding is caused by prolonged, heavy downpours in built-up areas and in recent years has been responsible for many incidents. Non-permeable surfaces restrict absorption of the water into the ground so it ends up flooding rivers and drains. In spite of surface water flooding making headlines, it’s still an area that’s not well-understood by the average homebuyer. It’s no longer enough for conveyancers to rely on the Property Information Form (TA6) to identify whether a property is at risk of flooding. Last year saw Paul and Hazel Edwards from Newcastle make national news headlines after their property was flooded. They sued the previous owners of their house, claiming that a Facebook photograph proved they were hiding a flood problem that hadn’t been revealed on the Property Information Form. *17% quoted is based on an analysis of Geodesys orders for search reports April 2017 – March 2018
36 SURREY LAWYER
The benefits of a full flood assessment Although there are a number of flood reports on the market, conveyancers should look for a residential property search that gives them a full assessment on the different types of flooding, plus information on insurability. A full assessment will also give details of whether a property qualifies for Flood Re – an insurance scheme set up to help households who live in a flood risk area find affordable home insurance. Search reports with flood risk assessments for residential properties include: • Landmark Homecheck Pro Flood • Groundsure Homebuyers • Groundsure Flood • Groundsure Avista • Landmark Riskview Residential For information on sewer flooding conveyancers should refer to the CON29DW Drainage and Water report, which is also an essential part of the conveyancing process. Geodesys offers a number of flood searches and the CON29DW, providing conveyancers with sound knowledge of any flood risks to their client, enabling them to make better, informed decisions about their purchase before proceeding further. To find out more visit: http://www.geodesys.com
Jonny Davey Geodesys Product Manager – Conveyancing
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TRAINING
“The Only Thing That Is Constant Is Change�Heraclitus $IBOHF8JTF "EBQU UP ZPVS FOWJSPONFOU
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he speed of change in the world is unprecedented. The nature in which firms provide legal services will change, the way they are structured and operate will be vital to respond to these changes. This presents challenges and opportunities for those prepared to embrace new ways of working, new technology and an evolving workforce. The challenges: • Disruptive technology and ‘off the shelf’ routine legal services assisted by artificial intelligence and robotic process automation potentially displacing the role of the lawyer and transforming the way clients use services • Changes in relationship between service providers and clients, lower competitive barriers to entry and the way we communicate, collaborate and work will influence the client experience • How we engage with and build trusted relationships with current and prospective clients with increased expectations will be essential to maintain net fee growth • Creating the right first impression and demonstrating greater transparency and value for money through the service provided in a climate of fixed fee and lowest-cost provider selection • Understanding the ‘voice of the customer’ and what creates satisfaction along with effective relationship management processes to increase engagement and loyalty • Experienced partners that become ‘accidental’ managers without the same professional development in leadership, strategic thinking, team management and operational excellence as their legal/technical disciplines. How then can the successful legal service firms of tomorrow evolve and adapt to their competitive, fixed-fee environment to be fit for the future with greater productivity leading to profitable growth? • Better use of technology to prevent workarounds, work organisation redesign, combining resources and standardising processes to balance workloads and increase utilisation of fee earners and paralegal staff • Identifying where in the journey we can add more value, reduce customer effort to enhance collaboration, share information better and improve the client experience • Reducing write-offs, identifying avoidable demand and introducing better quality controls to ensure work is completed right first time • Effective resourcing, performance management and better information for planning and scheduling to ensure performance is efficient and aligned to strategy • Engage and train partners and staff to drive continuous improvement of performance by investing in their capability to practically apply appropriate tools and techniques ChangeWise believes employee engagement is critical to successful change and by training and coaching your people to use simple continuous improvement techniques they can embed change into the way they work and continuously adapt to a constantly changing competitive environment. Call Mike Williams on 07866 537 580 to find out more. www.changewise.co.uk.
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SURREY LAWYER 39