The Report Autumn 2017 by Benham Publishing Limited

The City of Westminster and Holborn Law Society

REPORT The

Autumn 2017

MARK BALL

PRACTICE MANAGEMENT IN A MODERN WORLD Page 21

Inside this issue:

■ Technology ■ Mediation ■ Conveyancing

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Contents

The City of Westminster & Holborn Law Society

www.cwhls.org.uk A company limited by guarantee.

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ADVERTISING AND FEATURES EDITOR Anna Woodhams DESIGN AND PRODUCTION MANAGER John Barry ACCOUNTS DIRECTOR Joanne Casey MEDIA NO. 1501 PUBLISHEDAUGUST 2017 © Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Media. 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.

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

COVER INFORMATION

Cover image: Mark Ball, First Junior Clerk, Falcon Chambers.

COPY DEADLINES Autumn

16th July 2017

Winter

16th October 2017

Spring

18th January 2018

Members wishing to submit material please contact the Editor, Ivan Ho, before copy deadline.

Email:

ih@hunters-solicitors.co.uk

Anyone else wishing to advertise or submit editorial for publication in the Report please contact Anna Woodhams before copy deadline.

Email: Tel:

anna@benhampublishing.com 0151 236 4141

4 6 11 14 17 18 19 20 21 22 23 24 26 28 30 34

THE PRESIDENT’S COLUMN LOCAL ISSUES CWHLS MEMBERS’ REPORT FINANCIAL WINE COLUMN PROBATE MEDIATION MANAGEMENT PRACTICE MANAGEMENT PROPERTY FINANCE EXPERT WITNESS TECHNOLOGY LEGACIES CONVEYANCING BOOK REVIEW

President:

Hon Treasurer:

Editor:

Administrator:

Nicholas Le Riche NicholasLERICHE@bdb-law.co.uk 020 7783 3560 Bruce Clarke bruce.clarke@lbmw.com 020 7222 5381 Ivan Ho ih@hunters-solicitors.co.uk 020 7412 0050 Susie Hust, 1 The Sanctuary, London SW1P 3JT admin@cwhls.org.uk 020 7960 7115

The Report

Introduction

THE PRESIDENT’S COLUMN I can’t believe we’re already into the summer holiday season!

Since the last report Katherine Holland QC and Richard Langham of Landmark Chambers gave interesting and informative talks for the Nigel Mayhew memorial lecture. The lecture this year marked the tenth anniversary of Nigel’s death and it was lovely to see so many of his friends and family in attendance.

annual dinner) are selling fast and both can be purchased from the Event Brite website (www.eventbrite.co.uk/e/national-local-law-societiesconference-2017-tickets-31322979876).

NICHOLAS LE RICHE PRESIDENT

CWHLS also hosted the annual Legal Charities Garden Party in July, which this year took place in Middle Temple Gardens. The setting was glorious and with the band playing and the Pimm's flowing the party went with a real swing. Thank you very much to everyone who helped make the party so enjoyable, particularly CWHLS’ own Susie Hust and Bruce Clark, and all of the other volunteers. It’s now just over three months until CWHLS hosts the National Conference of Local Law Societies on the 9 and 10 November. Tickets for the Conference and the gala dinner (which will also be CWHLS’

The Annual General Meeting of The City of Westminster & Holborn Law Society is to be held at 6pm on 25th October at the offices of Bircham Dyson Bell LLP. Further details to follow.

The Report

THE NATIONAL CONFERENCE OF LOCAL LAW SOCIETIES 2017 EVENING DRINKS RECEPTION Thursday 9 November 2017

ALL DAY CONFERENCE Friday 10 November 2017

at The Sky Bar (Overlooking St. Paul’s Cathedral and the City of London)

- Welcome address from the President of the Law Society, Joe Egan - Risk Management and what your PI Insurers want to hear - Reaching out to your members, whatever the geography of your balliwick - How do other professions manage it?

THE GRANGE St. Paul’s Hotel 10 Godliman Street London EC4V 5AJ

GALA DINNER Friday 10 November 2017 With guest speaker, John Sergeant and Late carriages

Accompanying persons may enjoy a day of guided tours of London, including a boat trip along the River Thames

FURTHER DETAILS AND TICKETS CAN BE PURCHASED ONLINE AT: https://www.eventbrite.co.uk/e/national-local-law-societies-conference-2017-tickets-31322979876

The City of Westminster & Holborn Law Society

Local Issues

City of Westminster and Holborn Law Society (“the Society”)- the Land Law and Conveyancing standing sub-committee.

August 2017 The Society has a number of sub-committees which report to the main committee one of which is the Land Law and Conveyancing sub-committee which was established over thirty years ago, the purpose of which is to consider prospective changes in the law and procedures of significance to property practitioners and to take notice of the publication of regulatory changes and decided cases relating to property. Over recent years responses have been prepared by the sub-committee to consultation papers relating to a proposed modernisation of the security of protection afforded by the Landlord and Tenant Act 1954m the proposed introduction of SDLT and Home Information Packs and proposals for changes through statute affecting easements in general and rights of light in particular. The sub-committee meets about five times a year usually at an office in the Holborn area and consists of a chairman and secretary with currently four additional regular attendees and it is in need of a new chairman. On appointment is is quite possible

L E T ’S WO R K TOGE T HE R ǆĐůƵƐŝǀĞůǇ ĨŽƌ ůĂǁ ĮƌŵƐ͕ >ĞŐĂů EĞƚǁŽƌŬ >ŽŶĚŽŶ ŝƐ Ă ĨƌĞĞ ƚŽ ũŽŝŶ ƌĞĨĞƌƌĂů ĂŶĚ ƐƵƉƉŽƌƚ ƐĞƌǀŝĐĞ͘ ĞŶĞĮƚƐ ŝŶĐůƵĚĞ ĨĞĞ ƐŚĂƌŝŶŐ ĂƌƌĂŶŐĞŵĞŶƚƐ͕ Ă ŶŽŶͲƉŽĂĐŚŝŶŐ ĐŽŵŵŝƚŵĞŶƚ͕ ƐĞŵŝŶĂƌƐ Θ ƚƌĂŝŶŝŶŐ͕ ƌĞĨĞƌƌĂů ŽƉƉŽƌƚƵŶŝƟĞƐ ƚŽ ǇŽƵƌ Įƌŵ ĂŶĚ Ă ůĞŐĂů ĞŶƋƵŝƌǇ ůŝŶĞ͘ /Ĩ ǇŽƵƌ Įƌŵ ƉƌĂĐƟĐĞƐ ŝŶ ƉƌŽƉĞƌƚǇ ůĂǁ͕ ũŽŝŶ ƵƐ Ăƚ ŽƵƌ ĨƌĞĞ ƉƌŽƉĞƌƚǇ ůĂǁ ƵƉĚĂƚĞ ĂŶĚ ĐŽŵƉůŝŵĞŶƚĂƌǇ ŶĞƚǁŽƌŬŝŶŐ ĚƌŝŶŬƐ͘

DATE: TIME: VENUE: COST:

Wednesday 4 October, 2017 4pm - 6pm (followed by drinks) The Law Society, London FREE

dŽ ďŽŽŬ ǇŽƵƌ ƉůĂĐĞ ŽŶ ŽƵƌ ƐĞŵŝŶĂƌ Žƌ ƚŽ ĮŶĚ ŽƵƚ ŵŽƌĞ ĂďŽƵƚ >ĞŐĂů EĞƚǁŽƌŬ >ŽŶĚŽŶ͕ ƉůĞĂƐĞ ĐŽŶƚĂĐƚ ƵƐ ŽŶ͗ legalnetwork@hughjames.com 029 2066 0559 >ĞŐĂů EĞƚǁŽƌŬ >ŽŶĚŽŶ ŝƐ ŽƉĞƌĂƚĞĚ ďǇ ,ƵŐŚ :ĂŵĞƐ͕ Ă ƚŽƉ ϭϬϬ h< ůĂǁ Įƌŵ ǁŚŝĐŚ ŝƐ ĂƵƚŚŽƌŝƐĞĚ ĂŶĚ ƌĞŐƵůĂƚĞĚ ďǇ ƚŚĞ ^ŽůŝĐŝƚŽƌƐ ZĞŐƵůĂƟŽŶ ƵƚŚŽƌŝƚǇ ĂŶĚ ƚŚĞ &ŝŶĂŶĐŝĂů ŽŶĚƵĐƚ ƵƚŚŽƌŝƚǇ͘

The Report

that the current secretary and attendees would be willing to continue to participate in and provide a venue for future meetings. The task of the chairman is not onerous involving, in liaison with the secretary, the preparation of agendas for meetings and the chairing of those meetings. The sub-committee carries a degree of prestige and the future interests of the Society would be best served by the continuance of the sub-committee.and if any experienced solicitor with a Holborn presence with a little time to spare would be interested in becoming the new chairman please apply to Susie Hust the Society’s administrator at Susie.Hust@lbmw.com

Susie Hust

Local Issues

Launch of Business and Property Courts a forwardlooking decision The new Business and Property Courts of England and Wales was recently launched at an event at the Rolls Building in London. Commenting on the launch, Gary Campkin, Director, Policy & Strategy, TheCityUK, said, “This is a forward-looking decision, indicative of the judiciary’s determination to ensure that the UK remains at the forefront of dispute resolution globally. It also gives greater clarity to users about the focus and coverage of legal services available at the Courts. “The UK is the largest specialist centre for the resolution of financial, business and property litigation anywhere in the world. But high value commercial dispute resolution is a competitive legal service, and other jurisdictions are vying to take Britain’s crown. “It is essential to ensure this country remains the jurisdiction of choice for international business and for dispute resolution. The efficient and cost-effective resolution of disputes is critical to that goal and to the ongoing development of English law. This is at the core of the international attractiveness of the UK and of our world leading legal services sector.”

The new arrangements will enhance the connection between London, where these courts operate together at the Rolls Building, & the specialist Business and Property work undertaken in the regions. The Business and Property Courts will be the new name for England and Wales’ international dispute resolution jurisdictions and will act as a single umbrella for business specialist courts across England and Wales. It will encompass these specialist courts and lists of the High Court: · the Commercial Court, (including the Admiralty Court and Circuit Commercial Court (formerly Mercantile Court)), · the Technology and Construction Court (“TCC”), · and the courts of the Chancery Division (including those dealing with financial services, intellectual property, competition, and insolvency).

would like to offer members of

The City of Westminster & Holborn Law Society

the opportunity to buy 4 tickets for the price of 3, just use the code

ARMIT17 when you purchase the tickets on line at

www.armitwines.co.uk to take advantage of the discount.

The Report

Local Issues

Supporting Solicitors

LAW SOCIETY COUNCIL MEETING SUMMARY: 5 and 6 July 2017 Council report

SQE â&#x20AC;&#x201C; representing our views

Council met for the last meeting of the 2016-17 'season', with a full agenda, and this was followed by the Annual General Meeting of the Law Society. This marked the customary accession of the new office holder team, led by Joe Egan as President, and the formal election of a number of new Council members. You can find the full list of Council members here: http://www.lawsociety.org.uk/about-us/our-council/councilconstituencies/.

SQE was also discussed, with the Society preparing its response to the latest SRA consultation which is due to close this month. We will flag the need for rigour and clarity in the definition of â&#x20AC;&#x153;degree equivalentâ&#x20AC;? as we want no drop in standards, especially in light of Brexit and the need to retain the global standing of the profession.

Changes to governance for 2018 January 2018 is planned to see the roll-out of the first phase of new governance arrangements agreed by Council. The governance review has been under way for some time, and the implementation of the initial set of changes has now been agreed. The new Main Board, intended to facilitate efficient and agile decision making, will meet at least every two months. Feeding in to this Board will be one board covering policy and regulation and another covering membership and operations. Chairs of these boards will sit on the Main Board. The specialist committees who bring their expert advice and perspective to the policy work of the society will report to the policy and regulation board. Work is also under way by the Council Membership Committee to look at the representativeness of Council, and recommendations will come to Council in due course.

Law Society - planning and finance Financial plans for next year are based on a further reduction in the practising certificate fee, reflecting the Society's continuing drive to secure value for money for its members. As part of the business planning process for next year and beyond, a fresh look is being taken at the purpose of the Society and its objectives and culture. This will come together in plans for our next financial and business year which begins in November.

Brexit action The Society has been working hard to help government as negotiations begin and ensure that issues including mutual recognition and access rights are central to discussion. These were set out in our manifesto for justice and have shaped dialogue with government. We have also been working with other European bars to protect our mutual interests as the process moves on. The Society has a dedicated web page on its work to support the profession and the reputation of England and Wales as a global legal centre: http://www.lawsociety.org.uk/policycampaigns/campaigns/global-legal-centre/

Greater diversity Council discussed diversity in the profession and noted the work done by the Society to help increase this at all levels. This includes our Diversity and Inclusion charter for firms, as well as our social mobility ambassadors, showcasing people who have come to the profession from non traditional backgrounds and our Divisions for women, ethnic minority and LGBT lawyers and lawyers with disabilities. The Society will continue to focus on activities to support career progression and wellbeing for under represented groups and help firms tackle these issues.

Changes to the Gazette Council welcomed the new approach of the Gazette in featuring the outcomes of Council meetings and giving more visibility to the outputs from the Societyâ&#x20AC;&#x2122;s expert committees.

The Law Society Groupâ&#x20AC;&#x2122;s Annual Report and Accounts for the previous year were also presented. You can find them on our website, along with our annual business review which highlights our work last year to represent, promote and support our members: http://www.lawsociety.org.uk/about-us/annual-report/.

Praise for unsung pro bono Council discussed the great work done by Law Society members to support victims of London Bridge, Finsbury Park and Manchester atrocities and the Grenfell Tower disaster. The Law Society has worked behind the scenes to help connect solicitors offering pro bono help with clients in desperate need.

â&#x20AC;&#x153;We are consistently impressed with the teamâ&#x20AC;&#x2122;s knowledge of solicitorsâ&#x20AC;&#x2122; practices and trends in the legal profession as a whole.â&#x20AC;?

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8 The Report

Local Issues

McBrides Win Prestigious Bexley Business Award

(Left to right: Shirley Caddock Marketing Executive McBrides, Nick Paterno Managing Partner McBrides, Becky Ives Heart FM, Vikki Rimmer PR for McBrides)

McBrides Chartered Accountants were delighted to win “Best Business for Marketing & Social Media’ in the prestigious Bexley Business Excellence Awards. The marketing team, headed by managing partner Nick Paterno received the award from Katharine Glass, managing director of White Label Creative, at the gala dinner and awards ceremony held at the Bexleyheath Marriott Hotel.

“The award is testament not just to the hard work of the marketing team but also to the larger team at McBrides who write articles pertinent to business and help stimulate our marketing output at the firm.

The Bexley Business Excellence Awards 2017 in association with Ocado recognise and celebrate Bexley’s vibrant business community. The awards have helped to showcase the successes and achievements of businesses for the last five years.

“It was wonderful to be part of the event; to celebrate the borough and the businesses that thrive and make Bexley an entrepreneurial hub.”

McBrides Chartered Accountants from Sidcup in Kent were praised by judge Gareth Cairns of ZC Social Media for their high quality submission: “McBrides showed a great campaign and strategy towards all sides of their marketing. They understood exactly what social media was and how to use this effectively within their business. I wish them all success in the future and l look forward to seeing their progress in this digital age"

A total of 84 applications were shortlisted across a wide range of sectors and different sized businesses based in Bexley. The 2017 Bexley Business Excellence Awards in association with Ocado, are sponsored by Bexley for Business, the London Borough of Bexley, the Bexley Skills Charter, Bexleyheath BID and a number of Bexley businesses. www.mcbridesllp.com

Nick Paterno, managing partner at McBrides said: “We were delighted to win the award and acknowledge and congratulate the other nominees in our category - all of whom are impressive Bexley businesses. The Report

Local Issues

C G P The

Legal Charities Garden Party Lawyers Helping Lawyers HOSTED BY THE

The City of Westminster & Holborn Law Society

www.cwhls.org.uk A company limited by guarantee.

The 50th Legal Charities Garden Party took place on the evening of Thursday 6th July 2017 in the beautiful Gardens of Middle Temple, courtesy of The Treasurer, The Rt Hon Lord Dyson. Notwithstanding the ongoing heat wave, the advanced weather forecast at the beginning of the week looked rather ominous, but fortunately it was revised favourably on the actual morning of the party, suggesting that the storm clouds were, in fact, heading northwards (although, presumably not as far as Bolton, the new Law Society President's home town!). Given that there was no wet weather contingency plan, at c.2pm I looked skyward and made the unenviable call - determining (as I always seem to do) that the show must go on! And on it went. At 6pm, various dignitaries from the legal world (to include Joe Egan, who had been elevated to the exulted office of President of the Law Society that very afternoon, such that this was his first official outing) started to arrive, as did barristers, solicitors, legal executives and barristers' clerks from all over London and beyond. Within what seemed like a matter of minutes, the garden was comfortably full, with upwards of 700 thirsty legal professionals making the most of the fayre on offer (champagne, wine, pimms and canapés) and networking like there was no tomorrow. By 7pm, black clouds had started to gather and were hovering menacingly overhead - but, mercifully, the wind quickly blew them southwards and blue sky and sun returned. By 8pm, the conditions had settled to near perfection – a balmy evening, with a very slight breeze coming off the Thames, in (to quote Joe Egan) "one of the finest venues in the country". No wonder none of the assembled throng wanted the party to end!

By just after 9pm, the gardens were empty, the rubbish had been cleared away and all trace of the party removed. A slick operation indeed. Many thanks to everyone who made the event such a spectacular success, in particular: Susie Hust (our tireless Administrator), Bruce Clarke (our indefatigable Treasurer) and Stuart Barford and the rest of the Davy's Wine Bar team, all of whom worked so hard that evening, in the searing heat. Thanks also to our stalwart trainee solicitor helpers – undoubtedly our best ever crop, who looked after our dignitaries and corporates so well and could not have been more helpful and obliging. Finally, my sincere thanks to all the members of the Legal Charities Garden Party Organising Sub-Committee for giving up their precious time over the past year to help make this very special event in the legal calendar happen, not least the representatives of the 5 legal charities we support, namely: Tim Martin from The Solicitors’ Benevolent Association, Nicky Young from The Barristers' Benevolent Association, Liz Rimmer from LawCare, Sharon Cooper from The CILEx Benevolent Fund and Dave Scothern from the IBC Benevolent Fund. Next year, we will be celebrating the 50th anniversary of the Legal Charities Garden Party and hope to be in a position to return to the scene of the original crime, Gray's Inn Fields. Further details will be published in due course.

EDWARD MACEY-DARE Immediate Past President, Chairman, Legal Charities Garden Party Organising sub Committee.

The City of Westminster & Holborn Law Society would like to thank Sinead Flowers for her generous gift for the Legal Charities Garden Party. 10 The Report

CWHLS Members’ Report

The Environment Matters. City of Westminster & Holborn Law Society has remembered the contribution of Nigel Mayhew for many years with a lecture every autumn on planning law. with a focus on human rights issues (including particularly land rights) affecting indigenous and forest-based communities. She works particularly in Cameroon, as well as on several other countries including Central African Republic and Colombia, with a substantial proportion of long-term community-level field work with affected communities. The NGO assists in consultations On 3rd June I started my term as President of the European Bars where proposed projects may affect their land rights. Followers of Sir Henry Brooke’s legal blog will be delighted to Federation (FBE). I am the second CWHLS member to become hear that he will moderate the panel session on the rights of President of the organisation. David Morgan, CWHLS indigenous people where the natural environment is at risk. International Committee member and former President of the Holborn Law Society was President of the FBE in 2002-2003, and The first weeks of my presidency have been a whirlwind with organised an FBE Congress in London during his presidential events in Bilbao, Exeter, The Hague, Warsaw and Poznan, year. We are expecting to host over 100 lawyers from all over Poland. I have been asked to speak on a variety of topics Europe between 9th and 11th November for the FBE Congress including BREXIT, the top of the list. Our continental colleagues on climate change, held at the same time as the National are keen to maintain the reciprocity which exists at present on Conference of Local Law Societies in The Grange Hotel, St Pauls. practice rights. At present our clients benefit from provisions Central to planning is the issue of the environment and the regard which should be had to the impact of climate change. Those of us who thought this was a specialist area which we could ignore can no longer do so. Younger members of the profession, and our children and our grandchildren, will not allow us to look aside.

under EU law, particularly in family law and commercial law, whereby judgements are upheld across jurisdictions, contracts clauses are effective and divorce and children’s law are facilitated. We all benefit from the cooperation we have at present on security matters, criminal law, the European Arrest Warrant and extradition. I was heartened by the enthusiasm of Polish lawyers who were grateful for the stand the FBE General Assembly took in expressing concern at the lack of independence of judges and lawyers because of actions of the Polish government in the administration of justice. Polish judges waiting to be sworn in under the Constitution have been ignored, and there has been a failure to proceed with judicial appointments, leaving vacancies; interference with the The rain forest seems a million miles away, and yet what happens prosecution and failure to maintain the independence of the judiciary from political interference. there affects us all. There will be a panel of experts who will examine the situation of indigenous people, including experts who assist communities with legal advice and representation pro Professor Sara Chandler QC (Hon) bono. Not many colleagues know of the CSR programme at President of the European Bars Federation Simmons & Simmons; however the firm have a wide ranging pro and Past President of CWHLS. bono programme in which their solicitors advise clients in need in many parts of the world. Olga Hancock, International Pro Bono Manager in the firm’s corporate responsibility programme will outline the firm’s approach. Simmons & Simmons supported the Paris Agreement in December 2015 through pro bono support for the Legal Response Initiative, which assists Least Developed Countries and NGOs in international climate change negotiations. Lawyers from the firm attended the Paris conference in December 2015 as liaison officers. The FBE Congress has top experts on vital topics including the Paris Agreement, now thrown into sharp perspective because of the US decision to withdraw, and will hear from key players in climate litigation. Delegates will be discussing the United Nations Business and Human Rights guidelines, and what we need to know in order to advise our clients. What it is our clients need to know for example on supply lines, resilience and sustainability. Delegates will hear from the President of the Environmental Law Commission of the Barcelona Bar, Juan Antonio Loste, and from Dominique Attias, Vice-Batonniere of the Paris Bar, as well as barristers Claire McGregor, of 1 Crown Office Row and Richard Harvey of Garden Court Chambers, who have international reputations on climate change advice and litigation.

Delegates will hear from another expert solicitor working for the NGO: The Forest Peoples. Anouska Perram will contribute insights from the work she does in advising communities overseas. She provides advice, representation and advocacy, research, publications, community consultations and training, The Report

CWHLS Members' Report

Report of the Professional Matters Sub-Committee July 2017 In the last quarter we have noted several areas of concern in the field of professional regulation. (1) In the last report I reported on the perceived tendency of the Solicitors Regulation Authority (SRA) to show a lack of proportion and judgment in its enforcement activities, such as making unsustainable allegations of dishonesty which it ultimately does not pursue. Another source of concern is interventions. The SRA intervened in the firm of Blavo & Co and closed it down on the grounds of suspected dishonesty. Three issues give rise to concern. (1) Was the intervention necessary? Mr Blavo was already in the process of closing the practice down. (2) Were the costs proportionate? The SRA issued statutory demands for nearly £800,000 for the intervention costs. The Solicitors Act 1974 allows the regulator to recover its costs of intervention from those at the receiving end. These are difficult to challenge even if the intervention is unnecessary. (3) Will the costs in fact be recovered or remain a loss to the profession? His Honour Judge Klein (sitting as a judge of the High Court in the Bankruptcy Court) ruled that a statutory demand under the 1986 Insolvency Act needed to be for a liquidated sum, and that the costs of intervention were unliquidated. Finding that a debt for a liquidated sum “must be a pre-ascertained liability under the agreement which gives rise to it”, he said – at least in the case where the intervening agent was a solicitor – “it is difficult to see how, generally and in principle, the costs liable to be paid… could be a pre-ascertained liability…The Law Society, as client, would, generally, have the right to a detailed assessment of the intervening agent’s costs and… a solicitor the subject of an intervention has the right, under section 71 of the 1974 Act, to a detailed assessment of the costs of a solicitor intervening agent…That such a right exists is inconsistent with the proposition that, as a generality, the liability… is a preascertained one.” This decision may be appealed. (2) Whilst the Solicitors Disciplinary Tribunal (SDT) still applies the criminal standard of proof in disciplinary cases the pressure to switch to the civil standard seems to be mounting. The Bar Standards Board (BSB) has indicated that it is considering switching to the civil standard, and (as mentioned below) the Legal Services Board (LSB) is pushing for this to be the standard applied to all disciplinary proceedings against lawyers. This is a worrying development. In most cases this change would be of symbolic significance only. However it would be likely to lead to more convictions of dishonesty, and would inspire less

The Report

confidence that the decisions were always fair (particularly in the light of the SRA’s tendency to allege dishonesty too readily). It does not seem unreasonable to require the SDT to be sure before making a career-destroying finding of dishonesty. That is all the more so given that the SRA is the only professional regulator which regards a striking-off for any form of dishonesty as effectively terminal. Most professional regulators would be prepared to consider an application to be re-admitted to the profession after 5-6 years. Solicitors in practice have to show that there is something wrong with the original finding, which precludes a solicitor ever being given a second chance after a dishonesty finding. (3) We are currently looking at the LSB consultation “Regulatory performance assessment consultation”, which closes on 25 September 2017. It is full of the usual LSB speak, such as stating that it “undertook extensive environmental scanning of review processes across the United Kingdom (UK) and internationally”. Of relevance to the previous paragraph is that the LSB states that “there are some instances where we have described what we consider equates to minimum performance, for example, the use of the civil standard of proof in the enforcement process in relation to Outcome E3 (enforcement)”. (4) The distinctiveness of professions seems to be continually eroding for regulatory purposes. The BSB is now authorised to license Alternative Business Structures (ABSs), which are defined by its website as “bodies that are owned and managed jointly by authorised and non-authorised individuals - that is, by lawyers and non-lawyers.” In the meanwhile the Institute of Chartered Accountants in England and Wales wishes to be able to regulate all legal services. We would welcome the views of members on any of these issues. If you wish to comment please let me know on aylmer.julian@btinternet.com.

Julian Aylmer

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More than you might expect

Financial

“About half the practice of a decent lawyer consists of telling would-be clients that they are damned fools and should stop.” So said Elihu Root, the brilliant American lawyer, statesman and 1912 Nobel Peace Prize winner. His words got me thinking about how often we encounter clients, old and new, who need to be dissuaded from taking a potentially dangerous course of action, be it an unwise investment, encashment or other decisions. It can be a daunting prospect and requires a deft and diplomatic touch, especially when the advice is not welcome. lanning how to offer advice without accounting for an individual’s profession is like planning to perform surgery without first taking the patient’s medical history. Well, maybe that’s a bit dramatic, as the dangers of failure are probably greater for the surgeon and the patient, but the point remains the same. Financial planning for any person will have the bestintended outcome only if performed and applied with reference to the variables that differentiate that person’s life from anyone else. In this sense, the provision of financial and investment advice for members of any profession should be approached as a specialty, specifically targeting the distinct, comprehensive needs that come with it. Lawyers, particularly, require financial expertise and experience focused on the unique characteristics created by successfully practicing law. A lawyer may, in many ways, be like owners or executives of a business; yet, they are also quite

different in many respects, particularly when they practice at a firm, and not in-house at a company. It is understanding and providing for those differences that sets an excellent advisor apart from an adequate one. The former will understand the unique set of challenges and opportunities presented by clients who are lawyers which include, but are not restricted to, the following: Earnings flow – the transition from salaried employment to monthly drawings and a profit share in the case of equity partners, the need for cash contingency, short-term asset management strategies and planning for irregular capital distributions. Tax planning – the pitfalls and advantages of self-employment, mitigating income tax and payments on account. Estimating tax obligations and planning for them is one of the single most important factors in a planning relationship. Tax obligations are likely to be substantial and can dramatically impact on liquidity throughout the year. Restricted lists – having an advice model flexible enough to cater for and accommodate a firm’s compliance restrictions and avoid recommendations and investments that would breach them. Risk management and assessment – in our experience, lawyers are afforded the opportunity to invest alongside their clients in private enterprises. While these opportunities may be quite attractive, they may also be unacceptably risky. The right level of due diligence, discipline, experience and balance in approaching them it essential. Understand and challenge – on many fronts. Understand that lawyers tend to be trained to minimise risk, which in financial planning and investment terms can be unwise and may require challenge. Understand that they appreciate efficiency and brevity yet should be challenged to spend time on the critical task of attending to their own financial plans. Understand that they are trained and predisposed to be analytical and to ask questions, never taking anything for granted and rarely relying on the opinions of others so a good advisor must be prepared to spend extra time explaining concepts, providing information and challenging beliefs. Here at S4 Financial, we have often found that new clients come to us having delegated their affairs too lightly in the past and suffered as a result. Not all law firms are the same in terms of their offering, experience, range and depth of expertise and approach. The same is true of financial advisors.

Steven Vallery Business Development Director S4 Financial Limited Contact: 01276 34932

The Report

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Wine Column

Four wines you don’t want to be without this summer The summer has got off to a promising start and diaries are swiftly filling up with BBQ’s, summer parties, and the odd romantic night pencilled in for good measure. There are, of course, wines to go with every occasion and below is our fail safe guide to the perfect match. The garden party - Mulderbosch Chenin Blanc 2016, South Africa £11 The crowd pleaser; this is always the toughest wine to find; it needs to be good value, it needs to be refreshing, and it needs to please both your Sauvignon Blanc and Chardonnay lovers. Chenin Blanc combines the fruitiness of Chardonnay with the zinginess of Sauvignon; no oak, just beautiful bright fruit. The Mulderbosch Chenin Blanc 2016 from Stellenbosch ticks all the boxes in terms of flavour, quality and price and is great for drinking on its own or with nibbles.

The lazy lunch - Matetic EQ Sauvignon Blanc 2015, Chile £16 Long, lazy, sun-drenched lunches with great friends, a gorgeous alfresco feast and a few bottles of something delicious. Sound good? The wine, like the food, can’t be too heavy, but needs to have impact. The EQ Sauvignon Blanc from the super cool coastal region of San Antonio Valley is from Matetic Vineyards, a biodynamic pioneer. They have won more medals than Ian Thorpe and the wines are absolutely delicious. Elegant, complex and spine-tinglingly fresh with notes of vibrant grapefruit, grass and fig leaf, it is a seriously classy wine to accompany such summer delights as grilled asparagus and poached chicken salad with tarragon dressing.

The special occasion - Domaine Pelican Chardonnay 2015, France £32 – As it is summer, and we are lovely people, we will be reducing the price to £25 while stocks last. In a word, this wine is sublime. Complex, concentrated and boasting incredible freshness, this wine hails from the Jura, a region increasingly known for top end Chardonnay and to add to its pedigree, it is made by biodynamic Burgundy specialist the Marquis d’Angerville. A wine of this calibre and character deserves to be opened on a memorable occasion. Try with roasted poussin with orange, oregano and sherry.

The BBQ - Hobo Wine Company Folk Machine Pinot Noir 2015, USA £20 From cool kid on the block, Kenny Likitprakong, this is the most deliciously drinkable, vibrantly juicy, utterly moreish Pinot Noir we have tasted in a long time. Pinot Noir has light silken tannins and a medium body but huge aromatic power making it the perfect weight for the summer but with the character to be able to go with seared tuna or a fillet steak on the BBQ. It can be served slightly chilled. visit www.armitwines.co.uk/product/annual-portfolio-tasting2017/16485’ to buy tickets to our annual tasting. Use code ARMIT17 to get 4 tickets for the price of 3

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The Report

Probate

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

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

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The Report

Mediation

Mediation and mental health in Early Dispute Resolution: An increasing number of people are directly or indirectly impacted by mental health issues, either through a family member, close friend or colleague. Within the workplace, disputes arising out of, or comprising mental health issues, present significant challenges for both the employee and the employer. In May 2017, as part of Mental Health Awareness week, CEDR brought together cross-industry mediators and other experts to explore primarily how mediation could be used to manage and resolve workplace disputes. Benefits of using Mediation, If left unaddressed, mental health sufferers can feel increasingly isolated and disenchanted from their employer and their colleagues which is often a factor in the development of disputes. However, the adaptability, flexibility and party control over the process of mediation lends itself well to early interventions, sometimes bridging the gap between employees and employers, bringing the former back into the fold and breaking down the often held perception of a cold, “uncaring employer”. Building on this, the commercial case for supporting those with mental health issues, particularly through mediation is overwhelming. High staff turnover, aggravated periods of employee absence and diminished productivity are all by-products of failure to address mental health concerns among your workforce. The pace with which mediations can be set-up and the high settlement or positive progression rate, aide in getting people back to work and drastically reducing the time and resources that can be spent on grievances and tribunals. Mediation – adapting the process There are numerous considerations that be taken into account when mediating employment workplace disputes with mental health elements. Firstly, mediation is a voluntary process except where prescribed by the courts or a contract. This aspect must be stressed when arranging to mediate with someone who suffers from mental health problems. They need to feel able to partake in the process of their own volition as to pressurise them may exacerbate, not only their condition, but also the prospect of resolving the dispute. Furthermore, the inherent flexibility of the process allows the parties to adapt the location and timing of both the mediation day and the individual sessions. With respect to location, some may find it uncomfortable to mediate on the premises of the company or indeed within a formal corporate environment. Just as the mediator must be noticeably neutral, the same may apply to the location of the mediation. Also, the nature of the condition or the extent to which the employee, employer relationship has potentially deteriorated may necessitate establishing a framework for how the parties convene and ground-rules for how they interact. Mediator – specific challenges Workplace disputes present challenges not only to the overarching mediation process, but also to the mediator.

I. Choice of the mediator. Party-autonomy over the process is crucial to all mediations, but especially those with a mental health component. Parties need to feel empowered with respect to the choice of the mediator and need to feel exceptionally comfortable with this individual as the mediation will often explore complex and deeply personal issues. II. Neutrality of the mediator The mediation needs to be demonstrably neutral to remove the destructive “them vs me” dynamic which can develop especially between an employee and employer. The mediator needs to emphasise their role as a neutral third party, wholly removed from the interests of the employers. If the mediator would be seen to align with the employer, this will often dissuade the employee from partaking in the mediation or at the very least diminish the chances for resolving the dispute on the day. III. Pace of the mediation. CEDR’s mediator training stresses that the pace of the mediation is important. Mediators need to ensure that mediations do not stall, that progress towards a settlement is made. This has to be balanced with sufficient exploration of the facts and issues, but entrenched discussions are a waste of time, money and energy. Therefore, in commercial mediation, mediators and parties frequently work at a high intensity, however this may not be appropriate when mediating disputes with mental health elements; mediators need to be skilled in recognising when to slow down the process. IV. Know your limits Mediation should not be seen as a standalone process. Mediators need to be able to understand when the mental health sufferer needs to see a medical professional; this can be either before the mediation commences or at any point throughout. Final Thoughts In CEDR’s experience there are an increasing number of employment disputes involving individuals being treated for or recuperating from mental health issues but mediation is, when taking all of the above considerations into account, an effective tool for resolving them. Co-authored: Susanne Schuler (Assistant Director of Training at CEDR and mediator and Caroline Sheridan CEDR Chambers Mediator)

The Report

Management

What is GDPR and why should you care? With new rules set to hit UK businesses in May 2018 in the form of the General Data Protection Regulation (GDPR), firms will need to ensure they are forewarned and forearmed, and in a position to defend themselves against the new potential 20 million Euro fine. The GDPR has the potential to further muddy the already-murky waters of data management for law firms unless they are fully prepared for its arrival and ready to deal with its impact. Whilst some data management requirements stay the same, the GDPR requires other things to be done differently, and other duties are imposed for the very first time. Your firm will need to understand the four stages that make up the GDPR compliance process 1) Communicate 2) Identify and analyse 3) Define and 4) Manage.

years’ experience in providing specialist legal advice, we have the expertise to deliver a service that you and your clients can trust. Your firm can also earn revenue on cases that you refer to us as we offer fee sharing arrangements and you will retain your clients due to our non-poaching commitment – we want your clients to stay your clients. Other benefits include referral opportunities to your firm and a free legal enquiry line.

Legal Network London, a free referral and support service for law firms, aims to keep our member’s up to date with changes in the profession. As a benefit of the network, we will be offering a free seminar to ensure that our member firms are fully prepared for GDPR.

Member firms are invited to quarterly free seminars (on topics such as GDPR, cybercrime and professional negligence) which are held at The Law Society on Chancery Lane in London. The seminars are followed by informal networking drinks so that all of the member firms can get to know each other and their specialisms. Our next seminar is a property law update on Wednesday 4 October.

Other benefits of joining Legal Network London are that you’ll never need to turn a client away. We are able to assist our member firms by offering legal expert advice to their clients in areas they do not practice in. The network is operated by Hugh James, a full-service, top 100 UK law firm. With more than 50

So if your firm would like to ensure that you are fully prepared for GDPR and part of a network where you can retain your clients and increase revenue, visit our advert on page 6 for further details about Legal Network London.

The Report

Practice Management

PRACTICE MANAGEMENT IN A MODERN WORLD EDITH ROBERTSON

MARK BALL

All professional service firms have undergone dramatic changes within the last 20 years, and barristers chambers are no different. To enable chambers to continue growing and being successful, the strategic practice management of chambers has become increasingly important. The efficient running of the Clerks room plays a large part in the effective practice management of both chambers and its individual members. Clerks are required to manage the client interface both on an individual member and chambers level.

responsibility to ensure that each task has the correct time allocated to allow the barrister to have the time to spend on a set of instructions. This is especially important when it comes to trials (and more complicated paperwork tasks) as not only has the time been reserved (and paid for!) by the client, there is also the need for the barrister to have the uninterrupted time to consider properly the matter in hand. Wellbeing at the Bar is a new initiative from the Bar Council and clerks are only too well aware that not allowing proper time for preparation can add unnecessary pressure on barristers, and in the end will lead to a reduction in productivity and general balance in their lives.

The careful management of incoming work from chambers clients is of paramount importance. In the not too distant past, a set of instructions would be sent into chambers and would be turned around with no real pressure once the barrister could get to it. Nowadays, however, that has all changed. With the general pace that business is now conducted, both professional and lay clients expect a more speedy response to their instructions. Solicitors are Changes in legal aid, the Jackson reforms and the expansion under pressure from their clients to be more efficient, and that in international work has also increased the challenges within pressure has been passed onto the Bar. It is therefore important as practice management. The challenges for clerks is to monitor the the effective “gate-keepers” that clerks manage the client’s marketplace, identify new clients or sources of work, expectations by ascertaining at an early stage the be aware of what competitor sets are doing and nature of the Instructions and the timescales that maximise opportunities, and encourage the kind must be worked within. This allows for the work to “The careful of changes that will sustain the organisation in the be diarised, ensuring that the work is monitored at management of long term. all stages and ultimately that promised deadlines are met. Using the diary system allows clerks to incoming work A large part of the ability to maximise opportunities better allocate and manage barristers’ time, from chambers relies on the marketing of chambers. Chambers are instantly seeing how committed a barrister is and now effectively brands, and thus careful consideration clients is of being able to assess their current workflow. is constantly given to both the type and level of paramount marketing. Clerks work with chambers marketing Due to the myriad of equally important demands committees to ensure that resources are used and ever-changing commitments, each individual importance.” effectively. Chambers marketing ranges from thought barrister’s diary is a complicated matrix which leadership through regular seminars, to networking requires continuous management on a daily (or events and the more traditional drinks parties. Often, chambers more quiet often hourly!), weekly and longer term basis. senior clerks will also have individual budgets for more targeted Nowadays, there is also a more forward-thinking approach to the marketing. The nature of marketing of chambers is ever changing in negotiation of counsel’s fees. Very often, clients have a budget in response to changes in the legal market. Marketing is not only about mind and clerks will be able to match suitable counsel to the entertaining- a lot of chambers are now focussing resources on proposed budget. In general, clerks will take a proactive approach social media as a form of marketing and a vehicle to improve in making sure that the fees are agreed in advance for each piece brand awareness. of work. In short, chambers nowadays are run by highly professional staff One innovation that has completely changed the way clerks operate who are acutely aware that to be successful they need to serve and is the amount of instructions that are sent by e-mail. This has not only manage both their external market- i.e. solicitors and the like - and had an impact on the expectation for a quick turnaround, but has their internal market, the members of chambers. Balancing these two also meant that junior clerks are spending a lot of their time printing areas is no mean task, but one that is achieved by the best-run sets. out and collating sets of instructions, jobs previously done by the By EDITH ROBERTSON and MARK BALL solicitors firm. Falcon Chambers In addition, the successful practice management of chambers means balancing the demands of chambers clients alongside ensuring that each individual barrister is able to manage the workload that is being placed upon them. It is the clerks The Report

Property

Brian Dillon–

the new face of PSG in East, North and Central London How long have you been working within the property industry? Property has played a part in much of my career. I first started being involved in the industry 25 years ago, working in the finance department of a global holiday exchange company. I was there for 5 years before I decided to focus on the UK market and I then worked at several Estate Agencies in and around London. More recently I have moved to the legal side of the property sector, involved in environmental risk solution and now, with PSG, directly supporting conveyancers with anything they need during each transaction. What experiences can you bring to your new role? I like to think that I have broad experience in this sector and overall my exposure to the many facets within property has enabled me to understand and grasp the conveyancing process and the many impacts/ concerns and problems solicitors face. I do however, have a passion for the commercial side of the business, having been a key person of influence within the Freehold Ground Rent portfolio investment market

An extra layer of s security y for you and your client Almost every week, the ere is another report of innocent people having their identities stolen and a being defrauded out of tens, or even hundreds, of thousands s of pounds - often, involving a propertyy

Why did you make the move to search provision? Working as part of the PSG team was a natural progression for me. It’s actually about much more than searches, we have a whole range of services now that are there to support conveyancers from start to finish. I’m a sales person at heart and I love talking to people and getting to know the requirements of each client so that I can craft the perfect solution for them. Of course it’s not always as black and white as that, you have to be reactive too and think on your feet when there’s an issue, but that’s all part of the challenge. The thing with PSG, the reason why I personally think that they have such a loyal client base, is that they really do focus on client care and it’s great to be a part of that. PSG have really ramped up their technology over the last couple of years, what can we expect to see next? Yes, we’ve been busy! Our IT pipeline is always jam packed, integrating with new suppliers to provide the latest products or simply just making sure that our online ordering platform PSG Connect is as hard working as it can be by adding new and improved features. There’s a few big things on the horizon such as our SDLT and HMRC integrations, case management solutions and a specialist commercial platform which is in development as we speak. What we try to do is give our clients what they want, so if someone asks for something we will try and incorporate it into what we do. As I said before, we’re not just a search provider, we’re a support provider and our technology plays a huge part in that.

transaction.

What can you offer conveyancing professionals in the capital? What sets you apart from the competition?

Verify the identity of almost anyone at any time, anywhere in th he

Since I first joined PSG at the end of last year, I have been steadily getting to know our clients in East, North and Central London and they are all extremely happy with the service we provide. One of the things that I know contributes to this is the people that work here. There is a whole network of PSG offices and the majority of them have staff that have been there for over 10 years. It’s that experience and knowledge that means that the service they deliver is so much more personal than if it comes from within a call centre.

world as part of your cu ustomer due diligence processes and he elp protect your clients from the risk of conveyancing fraud. Try our o enhanced AML and ban nk account validation offering, now available to order via PSG Connect.

To find out more Call 01226 240055 Email searchteam@prropertysearchgroup.co.uk Visit www.psgconnect.co.uk

working with the likes of Persimmon Homes, Berkley Homes and many more large/medium to small housing developers around England and Wales.

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That personal service combined with the searches, the title insurance and all the other things we provide means that there’s no need to go anywhere else for anything, even training and compliance support – we can help with it all. In London, the same as everywhere else, it’s about speed, accuracy and efficiency and an all-in-one service like ours provides just that. Contact Brian to discuss your conveyancing search requirements on 07973 353 532 or email briandillon@propertysearchgroup.co.uk. To find out more about PSG’s complete search service, visit www.psgconnect.co.uk

Finance

Law firm mergers keep us busy Law firm mergers are all the rage at the moment as the industry shrinks in the face of deregulation and increased competition. At McBrides we have been assisting with two such mergers in recent months. The first involves two clients who we introduced to each other a few years ago. The larger was a general practice firm, very well respected in their geographical area but with a couple of areas of law which they were looking to strengthen. The other, one of the very first law firms to be granted Alternative Business Structure (ABS) status, specialised in those two areas of law and was located some 9 miles away from the larger practice. Our introduction enabled both firms to cross refer work over a period of time to strengthen their offerings to clients and allowed a good working relationship to develop. When the founders of the smaller firm decided it was time to hang up their legal boots it was obvious that they should talk to the larger practice. Conversations developed and the terms of a merger were agreed. Our role was to structure the merger to meet ownership objectives and generate the best tax outcome for both parties. Given they were both clients of McBrides we were very conscious of the potential for a conflict of interests. However, all parties were aware of this and, with constant evaluation of the issue, and the careful use of â&#x20AC;&#x2DC;Chinese Wallsâ&#x20AC;&#x2122;, we were able to assist both firms through the tax, structural and accountancy issues to effect a very satisfactory merger. The combined firm now has greater technical depth and better coverage in a number of legal disciplines and an increased geographical reach and reputation within which to grow and expand its delivery of services. The greater critical mass of the combined firm creates other opportunities too.

Nick Paterno Head of Legal Services www.mcbridesllp.com The other merger which is ongoing involves a niche law firm client of ours which has agreed terms to merge with another much larger firm looking to consolidate and expand their service offering in that particular niche, and to enter a completely new geographical location. We are assisting the main Principal of our client and have helped him consider the merger offer, agree heads of terms, and are currently working with him and his solicitor to finalise a Share Purchase Agreement and work through the due diligence program instigated by the larger firmâ&#x20AC;&#x2122;s advisers. All parties are confident of success as the commercial rationale for the merger is very strong and everyone is of a mindset to make it happen. The benefit for our client of the support and extensive infrastructure of the larger firm is a major factor in his thinking. These two circumstances illustrate a variety of benefits that mergers can offer. A prerequisite, is the right commercial circumstances, where firms in a position of strength combine to gain greater critical mass, secure the interest of their stakeholders and provide an appropriate exit route for retiring partners. Our clients tell us that having the right advisers around to assist with these things, and even to make the initial introduction, helps enormously to get the best results. Even where skills within the firms exist, an experienced and independent outsider can work sensitively and efficiently through the required processes to achieve a mutually successful outcome. If you are considering sale, merger or acquisition of a practice do please get in touch by emailing me on nick.paterno@mcbridesllp.com

The Report

Expert Witness

The importance of experts Martin Spencer QC

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

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

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

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

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

The Report

Expert Witness

MEDICAL LEGAL EXPERTS Dr Karen Addy

Mr Patrick Nee

Neuropsychologist

Consultant in Accident & Emergency Medicine

Tel: Team 1 – 01242 263715

Tel: Sue – 0161 8353692

Mr George Ampat

Dr David Pontefract

Orthopaedic Surgeon

Tel: 0844 5670009 0161 4852476

General Practitioner

Tel: 01623 827648

Dr Ian Ballin

Dr David Rees

General Practitioner

Clinical Psychologist

Tel: 07970 948642

Tel: 0161 7202810

Dr Simon Briggs

Mr Michael Saab

General Practitioner

Tel: 0161 8706112 07710 480943

Consultant in Accident & Emergency

Tel: 0161 7630043

Mr Richard Coombs

Dr Julian Sweetman

Orthopaedic Surgeon Tel: 0208 3989765

General Practitioner

Dr Nicole Hampton

Mr Adrian Thomson

Forensic Psychologist

General Surgeon

Tel: Team 3 - 01242 263715

Tel: France – +33 556256414

Mr Richard Harris-Jones

Dr Miriam A Wohl

General Practitioner and Orthopaedic Surgeon

General Practitioner

Tel: Claire: 01590 634459 07957 802216

Tel: 0116 2404243 07890 950087

Dr Jayne Holland

Dr Miheala M Coman

General Practitioner

Tel: 01244 370080 07745 85556

Tel: 01322 552265 07722 271852

Dr Neil Andrew Kerry

Mr V G Devadoss

General Practitioner

Orthopaedic Surgeon

Tel: 0191 2816777

Tel: 0161 8399104

Mr Akhtar Khan

Mr Munthir Farhan

Orthopaedic Surgeon

Tel: 0161 4455888 0161 4453305

Dr Sanjay Lakhani General Practitioner

Tel: 07917 313339 07775 800420

Tel: 07971 816640

Orthopaedic Surgeon

Tel: 01909 590250

Mr J J Henderson Orthopaedic Surgeon

Tel: 01204 843409 The Report

Technology

Richard Hugo-Hamman LEAP Executive Chairman (L) Peter Baverstock LEAP UK CEO (R)

LEAP celebrates 1,000 UK firm milestone LEAP Legal Software has doubled its UK customer base in the last 12 months and has now passed the 1,000 firm mark, with over 6,000 end-users of its integrated case-management platform.

he first legal practice in the UK signed up to LEAP in January 2015. In April 2016, there were 500 firms using the software and now there are more than 1,000. This rapid growth in firms switching to LEAP has been accelerated by the recent launch of LEAP 365, which enables a lawyer to access up-to-date documents, matter and accounting information from whichever device they are using worldwide. LEAP 365 includes the UK’s largest library of automated forms, document management for the firm and clients, time recording, billing and client accounting. “We’re very proud to have over a thousand law firms using LEAP software in the UK. All these firms are using one product on one technology. We believe this is a first in the UK legal market,” comments LEAP UK CEO Peter Baverstock. “Our unique ability to electronically convert data from the old outdated system many firms are still languishing on has helped us to smoothly bring these firms into the 21st century to compete more effectively. Our conversion team in Edinburgh have done wonders!”

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To help with its rapid growth, LEAP undertook an independent, anonymous employee survey in February 2017. Statistics show that 92% of the workforce understand the company’s mission and how they can influence it, 94% see a clear link between their work and the company’s goals and objectives, and 95% feel LEAP is a good employer. Richard Hugo-Hamman, LEAP Executive Chairman, adds “Success has many fathers, but in this instance the popularity of LEAP among UK law firms can largely be attributed to Peter Baverstock and the rest of his leadership team. They have faced and conquered tremendous scaling-up challenges, and to have more than a thousand law firms operating more efficiently and profitably than ever before is testament to their skills and the quality of service they provide.

Technology

Technology savings in conveyancing land

by Gavin Casey

It seems that very little stands still these days, and technology is a huge driver of much of the change we see within business and our wider society. ouâ&#x20AC;&#x2122;ll be pleased to know weâ&#x20AC;&#x2122;re going to focus on business applications, and those that apply to the conveyancing profession. Clients are increasingly cost conscious and Iâ&#x20AC;&#x2122;m sure many of you will have found that in the first instance many focus on this ahead of a discussion on your compelling client proposition. Thatâ&#x20AC;&#x2122;s why adopting technology, and embracing the efficiencies it can deliver, is crucial.

Case management software is a hot topic with many of the conversations in forums such as linkedin focussed as much on where some providers struggle as opposed to succeed. Weâ&#x20AC;&#x2122;re going to focus instead on how technology drives efficiencies around search provision, as you might expect. We believe that whilst we may find some of the intricacies fascinating, for you the things that are likely to matter are the ease of the order process, the speed with which the searches are returned, the cost and the accuracy of information provided. Weâ&#x20AC;&#x2122;re going to take each of these in turn. How you order your searches can be endlessly frustrating when technology is driving the user experience. Youâ&#x20AC;&#x2122;ll have experienced a few â&#x20AC;&#x2DC;computer says noâ&#x20AC;&#x2122; scenarios, Iâ&#x20AC;&#x2122;m sure. We ourselves find that a personalised experience is crucial. Whilst every purchase is different, many residential purchases will require the same standard search pack. We create a personalised order page for each client company which reflects their search preferences. In most cases that enables the user to order their full requirements with one click. The system has been specifically designed to ensure that the computer never says no. If you donâ&#x20AC;&#x2122;t have the postcode the system will take the order and we will find it. Computer says yes. Always. Any purchase will involve enquiries of the local authority, whatever your preference. As you know, Local Authorities are embracing technology at differing speeds. We fondly remember completing hard copy request forms, signing cheques and sending them to local authority departments. There is nothing quite like crossing your fingers and hoping that having signed for the documents in the post room, someone will deliver them to the correct department first time. However, as only the third live channel in the UK, we now prefer working with the National Land Information Service (NLIS). Requests are transmitted electronically and returned in the same way. We receive searches quicker than before. The data is more robust. Efficiency savings mean that we can pass cost savings onto the end consumer. Quick, efficient, accurate searches are a great example of why technology can be such a benefit to you and your clients. One of the unfortunate consequences of improved technology is that some providers rely on it to the exclusion of common sense and good old-fashioned customer service. There are some things which a computer cannot do. Whilst the list is ever declining weâ&#x20AC;&#x2122;ve not got to the stage where systems can pick up the phone and speak to a local

authority (assuming you have a number for the department). Every so often youâ&#x20AC;&#x2122;ll have needed to see a copy of a planning permission or one of the land charge entries. We call it document retrieval. We know the local authorities and who to speak to. For our clients, we secure those copy documents and donâ&#x20AC;&#x2122;t charge for our time or effort. Weâ&#x20AC;&#x2122;re nice like that. If youâ&#x20AC;&#x2122;re embracing technology and donâ&#x20AC;&#x2122;t have time for a chat you can always request it from us by email. â&#x2013; For more information please contact Gavin Casey or Peter Hercock at our office on 0208 6167251 or email gavin.casey@indexpi.co.uk or peter.hercock@indexpi.co.uk

PROPERTY INFORMATION

A different kind of search provider Our clients tell us that we truly understand their challenges and needs 5IJT JT because we have local offices run by local people using local knowledge and expertise to provide the level of service that other providers simply cannot. Our approach is practical and straight forward, we roll up our sleeves and provide you with the help to get the deal done.

T: 0 E: ORQGRQQZ@indexpi.co.uk W: www.indexpi.co.uk

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Legacies

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

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Legacies

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

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

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

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

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

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Conveyancing Focus

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

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

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

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

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

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

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

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

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

Call Email Web

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

Conveyancing Focus

Time to get on board? Our latest Continual Professional Development (CPD) event at the STEAM Museum was just the ticket – time to get on board? Did you know that all CPD courses run by Thames Water Property Searches (TWPS) are designed to help ensure you’re in line with most recent Solicitors Regulation Authority (SRA) guidelines? There is no need to count CPD hours since new guidelines were issued last November. Instead, conveyancers are required to identify and address any learning and development needs, to make sure knowledge and skills are up to date and that they are competent to practice. That’s why it was full steam ahead for attendees who came to our latest commercial conveyancing CPD event, held at the iconic STEAM Museum in Swindon in June. During the day-long conference, delegates got the lowdown on the latest industry news from experts such as Land Data CEO Jan Boothroyd, who gave an ‘informative’ talk on updates to various Local Authority searches, as well as their commercial applications. Another highlight was Paul Clark, consultant at Cripps LLP, who delivered an energetic commercial property workshop, covering issues such as lease drafting – especially relevant after the recent landmark case involving Marks & Spencer – and the registration gap, as well as exploring a variety of potentially problematic Stamp Duty Land Tax (SDLT) situations.

There were also talks from Alex Barr of Third Bounce on how conveyancers can win more clients and TWPS’s own account manager Jason Harper, who delved into the world of Sustainable Urban Drainage Systems (SuDS). To top the day off, delegates were given a history lesson from one of the STEAM Museum’s volunteers. Michelle Challis from Gardner Leader, said: “Solicitors from our conveyancing team regularly attend Thames Water CPD events and the recent commercial property event held at the Steam Museum in Swindon was excellent. The speakers were all very knowledgeable and the event, as usual, was well planned, informative and engaging.” Getting up to speed with your continuing competence is easy with TWPS. Take a look at our upcoming schedule of CPD events to see what we’ve got to offer your business: thameswater-propertysearches.co.uk/LatestNews/1698 To reserve your place at one of our events – or to chat with a member of our Customer Experience team – please call: 0113 953 1756 or email: twps.events@thameswater.co.uk

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Conveyancing Focus

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

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

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

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

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

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

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

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

ITâ&#x20AC;&#x2122;S TIME TO THINK ABOUT THAT MOVE

To find out more about how your practice could benefit from transferring to the CLC, contact us on the details below.

www.clc-uk.org/Changing-Regulators or call 020 7250 8465 32

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Book Review

THE SUPREME COURT A Guide for Bears Edited by Isobel Williams Foreword by Lord Neuberger

ISBN: 978 1 99971 462 8 Isobel Williams www.isobelwilliams.org.uk IF YOU ARE A LAWYER AND YOU DON’T BUY THIS BOOK, YOU ARE TRULY UN-BEARABLE By Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” If you’ll bear with us – even if you can bear-ly bear to read this, we shall tell you about the new guide to the Supreme Court of the United Kingdom. It’s called simply ‘The Supreme Court: A guide for bears.’ But don’t let that worry you. You don’t have to be a bear to read it. We can almost guarantee that adults, kids, even lawyers and judges will be beguiled by its charming and informative message and its quirky yet serious approach. Even Lord Neuberger loves it. We can prove that he does because, as current President of the UK Supreme Court, he has written the foreword. ‘…You are about to see them (the bears) explain a bit about what our Court does (and doesn’t do).’ he says. ‘Isobel Williams’s drawings capture the essence of these inquisitive and endearing characters – and her words help bring to life some of the things they get up to when the Justices and staff aren’t looking.’ Yes, the book is presented in a glossy children’s book format with two teddy bears on the cover waving their paws in greeting to welcome you into the august precincts of the Supreme Court. But then again, the book is as much for adults as for children. The intention of Isobel Williams as author, illustrator and publisher, is to engage everyone in this quite serious subject, which her book does -- and in great style too. Apparently, these unusually sophisticated and articulate teddy bears live in the Supreme Court gift area where, with presumably one swift swipe of a contactless credit card, you can ‘adopt’ one. You are reassured that none of the bears will object to being wrenched like this from their spiritual home. They have a mission to explain. ‘It’s good to know that the bears are travelling around the world,’ says Lord Neuberger, ‘spreading the word about the UK’s top appeal court as they go.’

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Thus, the bears take you on a whimsical journey through the highest court in the land as an excellent public legal education initiative. You laugh out loud and you learn a lot -- about British justice, about the court itself -- and about its history and purpose and the historic building it occupies. Clearly, Ms. Williams has been relentless in her search for bear references and imagery to add resonance to this narrative. She has found a wooden bear in Court 1… a stone bear in Court 3… and two polar bears under glass, a gift from Canada’s Chief Justice. Pointing out that there are supreme courts in many other countries, especially the USA, she has diligently dug up an obscure quote from a 12-volume work on the history of said US Supreme Court. ‘The Constitution would not have been noticeably affected,’ growled the author of these tomes, ‘if Sherman Minton’s chair had been occupied by a stuffed teddy bear from 1949 to 1953!’ Poor Sherman Minton. What a way to be remembered. Oh – and we are reminded too, that teddy bears were named for President (1901-1909) Theodore Roosevelt, one of the first and fiercest advocates for the conservation of wildlife and of America’s wilderness areas. So, if you happen to be passing the Supreme Court, or a certain bookshop in Lincoln’s Inn, you really must buy this book. Not doing so doesn’t bear thinking about. The publication date is cited as June 2017.

Book Review

INTERNATIONAL TRUST LAWS Second Edition by Paolo Panico Oxford University Press, 2017 ISBN: 978 0 19875 422 0 ere, presented is a truly global approach to the subject, across no less than 30 H jurisdictions worldwide (we have counted them), with the largest number of cited cases emanating from the UK and the US. Scotland and, predictably, Jersey also loom large in this thorough and erudite examination of virtually every conceivable aspect of trusts. “Trusts,” says author, Professor Paolo Panico, “have established themselves as the main estate planning and wealth management arrangement of the western legal tradition.” “Trusts” along with “trade” and “tea”, he adds, “were the “three Ts” traditionally associated with British civilisation.” Good thing that Henry VIII failed in his attempt to legislate them out of existence in 1535. The author also quotes a particularly famous comment on trusts as ‘perhaps the greatest and most distinctive achievement of English lawyers.” Since the first edition of this distinguished work was published in 2010 (and for that matter, long before that), trusts have become notable for their popularity and ubiquity internationally. To the surprise of some, they have become popular under special legislation in what the author refers to as “jurisdictions with no historical contacts with the rules of English equity”, such as civil and mixed jurisdictions in Asia, Latin America and, recently, Eastern Europe. Over 14 chapters and more than 850 pages, Panico pursues this vast and complex subject with scholarly, yet cheerful thoroughness. “Trusts,” he says, “have traditionally been used by individuals to establish rules governing the administration and enjoyment of their property after their death and, in many cases, to retain a certain degree of control over said property during their lifetimes”. There are, of course, almost innumerable variations and ramifications pertaining to trusts,

which are carefully elucidated in this book. Here, then, is an area of law which cannot fail to be taken seriously by serious players. So it is refreshing that we discover – in the book’s list of dedications – that it has been written, at least partially, in memory of the author’s family cat, a Manx; a presumably tail-less and engaging creature who sadly died before the book reached its definitive printed version. However, a kindly fate intervened in the shape of Scotia, a kitten (presumably Scottish) who emerged from under a fence to provide further inspiration and encouragement as a “pisicotherapist”. Fortunately, we are informed in the footnote that “pisica” is the Romanian word for “cat!” It cannot be coincidental that chapter 13 of the book, in discussing the approaches taken in various jurisdictions to enforce non-charitable purpose trusts, refers to specific rules for exceptional cases, such as trusts for the care of pets! The book’s orientation is global, and its subject matter vast and detailed. It covers analyses of the laws and the often parallel, as well as contrasting, approaches to trusts over a range of jurisdictions. It purports to identify trends and developments, explains the author, but does not attempt to provide “a comprehensive operational guidance to the laws of any particular jurisdiction.” Its useful comparative approach, however, will obviously be of special interest to comparative lawyers, as well as academics and law students interested in, or specialising in, this rapidly expanding field. Furthermore, with its detailed index, table of contents, extensive footnoting and 60 pages of tables of cases and legislation, the book is reassuringly easy to navigate.

PRINCIPLES OF MEDICAL LAW Fourth Edition Edited by Judith Laing and Jean McHale Oxford University Press, 2017 ISBN: 978 0 19873 251 8 edical law: now there’s a complicated subject for you to get your head around, especially if you are a practitioner who specialises – or intends to specialise – in what has become a rapidly expanding area of law. Fortunately for you, the Oxford University Press has brought out a new and completely updated edition of Principles of Medical Law.

Long regarded as the definitive work in this area, this new edition, the fourth in fact, has been completely updated to encompass the new developments that have transpired since the previous edition appeared in 2010. Writing in the foreword, Ian Kennedy and Andrew Grubb recall the day when medical law was a “relative newcomer”, in legal specialities. In their words, it “barely existed, such that you were free to make it up as you went along!” It’s something of a sobering thought that that day has long gone. Nevertheless, they add, “this work always had in its genesis an ambition to serve academics, practitioners and judges alike” and, with its depth of scholarship and coverage, has since maintained “a claim to have fulfilled that ambition with style.” As medical law is dependent on specialist practitioners, the emergence of a new edition of this classic text is fortuitous; especially so when the NHS is coping with an ageing population – and when even the man in the street can tell you that the government has set aside billions in funding for medical litigation. Private medical practitioners are, of course, privately insured. Developments such as these broadly coincide with what the editors refer to as the “fundamental rights-based approach in the courtroom….” as (to cite only one

example), doctors are made aware of a duty to provide information to patients. Other areas of concern include end of life care and the determination of mental capacity. Given the complexity and enormous scope of the subject, the book itself is a collaborative work of a distinguished and expert writing team: two editors, two consultant editors and upwards of 16 other contributors. Across almost 1,300 pages, seven parts and 22 articles, the book offers detailed analysis and commentary on a formidably broad range of other issues, from the organisation and regulation of health care, to actions arising from birth, to consent to treatment, to the regulation of medicinal products and medical devices – and much more. Here is a field fraught with uncertainties and these too are dealt with in a measured, frank and analytical manner. Of additional and indeed vital assistance to the practitioner are the almost 90 pages of tables of: (as listed) cases, legislation, statutory instruments, treaties and conventions, European law, and legislation from other jurisdictions. It’s helpful, too, that a text this size is easy to navigate, with numbered paragraphs, a detailed index and table of contents and extensive footnoting. Given the pace of attitudinal and policy changes in this field, this book provides invaluable assistance to the practitioner charged with providing authoritative and carefully considered advice to clients – and therefore a welcome addition to the well-stocked and up-to-date practitioner library. The Report

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