Biblio Magazine issue 9 by EPC Studio

Issue 9 - Autumn 2019

Power of Gender equality to transform the business of Law

IN THIS ISSUE: Access to Justice • The Law Society • Symposium • DNA to aid transgender Community

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Issue 9 - Autumn 2019

From the President... This is my first opportunity to write to you as the new President, having taken over the reins from Simon Stone. And the first thing I would like to do is to offer Simon my heartfelt thanks for his hard work and dedication to the BB&O Law Society during his time as President. His have proved a safe pair of hands indeed, and I am delighted that he has agreed to stay on the Executive Committee in his role as Hon. Secretary as I shall certainly be relying on his wisdom going forwards. I am also delighted to welcome my colleague Charlotte Fox as the new Vice President. I know that she and I will make a formidable team in the year ahead. So, welcome back from the holiday season. I hope you all had a chance to rest and re-charge with family and friends over the summer. September, with its “back-to-school” associations, is always a natural point in the year to pause and assess how things are going and to lay out plans for the coming year.

Contents 3

From the President

Committee Members

Access to Justice

Junior Lawyers BBO Summer boat party

Barrister to Judge

The Law Society Symposium

Healthcare editorial

Leaving a legacy

17 Charity 22

Using DNA testing to aid transgender

Expert Witness

Book Review

28 Locktons 30

Fridays at Quill

For the BB&O Law Society, we have some exciting plans in store, with lower membership fees and lots more events. We are also committed to forging closer links with the University of Law in Reading with the introduction of a Legal Skills Triathlon, and to the other universities in our constituency including Oxford, Reading and Oxford Brookes. We are aiming to launch a new website later in the year with interactive features and the ability to subscribe online for both membership and for individual events. So it is definitely a case at the moment of “watch this space” . . . .

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MEMBERSHIP

Berks, Bucks & Oxfordshire Incorporated Law Society

Members Current Members Reynolds Parry Jones LLP 10 Easton Street High Wycombe Bucks HP11 1NP Samuel Baker Kalbir Gill Robert Hill Gillian Humphreys Charlotte Kerns Graham King Roberick McCulloch Margaret Marshall Ashley Minott Deborah Yeates Rowberrys Sherwood House 104 High Street Crowthorne Berkshire RG45 7AX Nilu Bhatti Blandy & Co LLP 1 Friar Street Reading Berkshire RG1 1DA Manisha Bhula Campbell Hooper & Co Apex House 116 London Road Sunningdale Berkshire SL5 0DJ Stephen Aldred Wilson & Bird Ideal House Exchange Street Aylesbury Bucks HP20 1QY Paul Bird Browns First Florr Albert House Queen Victoria Road High Wycombe Bucks HP11 1AG Justin Bradley Franklins Walton House 15 Ock Street Abingdon Oxfordshire OX14 5AN Sarah Bruce John Cunliffe Julia Kent Claire Simmock Barrett & Co Salisbury House 54 Queens Road Reading Berkshire RG1 4AZ Hilary Buckle Justin Sadler Black Law Suite One Acorn House Straight Bit Flackwell Heath Bucks HP10 9LS Vanessa Bull-Domnican

Royds Withy King North Bailey House New Inn Hall Street Oxford OX1 2EA Ian Carrier Richard Coleman Rosie Hodgetts Stephanie Hopcroft Louise Huckstep Tracy Norris-Evans Edwars Pilling Chandler Ray 22 West Street Buckingham MK18 1HG Chris Chandler Diana Davis Oxfordshire Ciry Council Directorate for Resources County Hall New Road Oxford OX1 1ND Peter Clark Nick Graham Angela Mills Christian Smith Julia Taplin Carol Watts Blake Morgan Seacourt Tower West Way Oxford OX2 0FB John Cole Olivia Shenton-Taylor Allan Janes 21-23 Easton Street High Wycombe Bucks HP11 1NT Peter Collier Clive Hitchen Lennons Chess Chambers 2 Broadway Court Chesham HP5 1EG Andy Coyle Andrew King Frazine Johnson Old Bank Chambers 32 Station Parade Denham Bucks UB9 5EW George Curran Frazine Johnson Blandy & Blandy 1 Friar Street Reading RG1 1 DA Simon Dimmick Dentons The Pinnacle 170 Midsummer Boulevard Milton Keynes MK9 1FE James Fairbairn Freeths LLP 5000 Oxford Business Park South Oxford OX4 2BH Sarah Foster Lesley Pollock

Gabbitas Robins The Old House West Street Marlow Bucks SL7 2LS John Gabbitas Stephen Robins Gordons Winter Hill House Marlow Reach Station Approach Marlow Bucks SL7 1NT Keith Gordon Boyes Turner Abbots House Abbey Street Reading RG1 3BG W. Gornall-King Kite Griffin Brooke House High Street Bracknell RG12 1LL Donna Griffin Winkworth Sherwood 16 Beaumont Street Oxford OX1 2LZ Cordelia Hall Robert Harrison Darren Oliver B P Collins Collins House 32-38 Station Road Gerrards Cross Bucks SL9 8EL Chris Hardy Kidd Rapinet Ground Floor Walker House George Street Aylesbury Bucks HP20 2HU Andrew Hawkins Cyrus Medora Mercers 50 New Street Henley on Thames Oxfordshire RG9 2BX Peter Hopkins Paul Stott Charles Coleman LLP Beaumont House 28-30 Beaumont Road Windsor SL4 1JP John Humphreys John Welch & Stammers 24 Church Green Road Witney Oxon OX28 4AT Kerry Joels

Fort Solicitors 271 Farnham Road Slough SL2 1HA Gurmeet Khauraud Bastian Lloyd Morris 201 Sovereign Court Witan Gate Central Milton Keynes MK9 2HP Syvil Lloyd-Morris Carol Lloyd-Morris Barrett & Thomson One Pegasus Court 25 Herschel Street Slough SL1 1TQ Kate Matharoo Lightfoots LLP 1-3 High Street Thame Oxfordshire OX9 2BX J Middleton Lee-Chadwick 14 Market Square Witney Oxon OX28 6BE Sue Morton Horwood & James 7 Temple Square Aylesbury Bucks HP20 2QB Rebecca Oliver John Reddington Jill Swift Alison Thorpe Jonathan Warbey Charsley Harrison Windsor House Victoria Street Wnidsor Berks SL4 1EN Paul Owen Field Seymour Parkes 1 London Street Reading RG1 4PN Jeremy Parkes Katharine Riley Challenor & Son Stratton House Bath Street Abingdon Oxfrodshire OX14 3LA Neville Pegram Trevor Pegram Stephen Pegram Pellmans 1 Abbey Street Eynsham Witney Oxfordshire OX29 4TB Adrian Pellman Gavin Clark BPS 85 High Street Chesham Bucks HP5 1DE Angela Phelan

Wilkins Lincoln House 6 Church Street Aylesbury Bucks HP20 2QS Mark Pryer CRS Ltd The Old Courtyard 11 Lower Cookham Road Maidenhead Berks SL6 8JN Peter Sandringham Parrott & Coales 14 Bourbon Street Aylesbury Bucks HP20 2RS Peter Sauvain Martin D Silverman Collins House 32-38 Station Road Gerrards Cross Bucks SL9 8EL Martin Silverman Peter A C Sloan 4 The Courtyard Denmark Street Wokingham Berkshire RG40 2AZ Peter Sloan M B Law 8 Cheap Street Newbury Berkshire RG14 5DD A Templeman Kingsley David Shelton House 4 High Street Woburn Sands Milton Keynes MK17 8SD Simon Stone Geoffrey Leaver 251 Upper Third Street Bouverie Square Central Milton Keynes MK9 1DR Richard Willis Jackie Waller 10 Kingfishers Wantage Oxfordshire OX12 7JL Jackie Waller Mrs R J Ward 20 Dovecote Haddenham Bucks HP17 8BP Mrs R J Ward Gillian Carson 2 Ridge Hall Close Caversham Reading RG4 7EP Mrs Gillian Carson

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Access to Justice

Access to Justice: the current state of criminal legal aid What is wrong with the criminal justice system?

n recent years complaints about the state of the criminal justice system in England and Wales have become increasingly loud. From the Secret Barrister to the Justice Select Committee , there seems to be a general consensus that due to many years of underinvestment our criminal justice system is crumbling. Our justice system – admired all around the world - is underpinned by the notion that people are innocent until proven guilty, yet people’s lives can be ruined before their case even reaches trial. Imagine a person arrested today for a crime they didn’t commit. Their journey through the justice system could be plagued with shortages of lawyers and experts – due to low legal aid rates, - delays due to cases being double booked, long journeys to a distant court due to the closure of their local court, and being required to pay legal aid contributions they can’t afford because the means test is too stringent.

Worse still, problems with the disclosure of relevant documentation mean that innocent defendants risk being wrongly prosecuted, or even convicted, because evidence proving their innocence has not been identified and properly considered by the police and prosecutors.

Innocent people may be held on remand far longer than necessary because of inefficiencies in the system – and be crippled by large debts as a result of their arrest, even if found innocent. This also impacts on victims and witnesses of crime who suffer avoidable inconvenience, cost and stress because of all these problems.

More resource is sorely needed across the system to address these issues, not least in relation to criminal legal aid fees. Criminal legal aid lawyers ensure that anyone accused of wrongdoing has a fair trial. A stable pipeline of defence lawyers is essential to

Law Society campaign It was out of these concerns that the Law Society’s criminal justice campaign was born earlier this year . The campaign calls for the Government to invest more in the system and to implement key reforms to ensure the system does not fall apart. Among the campaign tools available are an online petition; a video illustrating the damaging impact on clients of the overly stringent means test; a report – ‘Justice on Trial’ - on the crisis that makes 11 key policy recommendations to government, and a letter-writing campaign encouraging practitioners to write to the new Lord Chancellor urging him to prioritise access to justice. https://thesecretbarrister.com/ https://publications.parliament.uk/pa/cm201719/cmselect/cmjust/1069/106903.htm https://www.lawsociety.org.uk/policy-campaigns/campaigns/criminal-lawyers/ 4 https://www.lawsociety.org.uk/policy-campaigns/campaigns/criminal-justice/ 5 https://www.lawsociety.org.uk/support-services/research-trends/justice-on-trial-2019/ 1 2 3

ensure that justice is served both now and in the future. Yet rates for criminal legal aid work are now so low, young lawyers no longer see a viable career in this specialism. Last year the Law Society published an interactive ‘Heat Map’ illustrating the impending crisis among duty solicitors. The map shows that the mean average age of a criminal duty solicitor across the whole of England and Wales is now 47, and some counties have no lawyers under 35 doing this work.

Ministry of Justice Review Largely as a result of persistent lobbying by the Law Society and other practitioner groups, the Ministry of Justice (MoJ) embarked in March 2019 on a root and branch review of criminal legal aid (‘the Review’). The review covers all aspects of the various criminal legal aid schemes, from the police station to the Crown Court, and it is hoped will at least go some way to addressing the current crisis in Criminal Legal Aid. The Society, the Bar Council, CBA and the other main crime practitioner representative groups are engaged with the review and we have representatives on each of the groups feeding into the Review. The review is expected to report at the end of 2020. In the meantime the Law Society and other practitioner representative groups have been successful in persuading the MoJ to invest in specific reforms earlier than this, as a recognition of the crisis in the criminal justice system, and to help build confidence in the review process. Among other things we hope that this will result in some form of payment for the consideration of unused material and early disclosure. The MoJ anticipates proposals from this early work to be published around the end of this year. The Law Society delivered a number of roadshows around the country earlier this year in order to provide updates to our members on the crime Review and other developments in criminal legal aid. You can listen to a podcast here that summarises the topics covered in the roadshows.

Practitioners can get involved in the Review in a number of ways; • You can host an MoJ employee in your firm for 1-3 days, in order to demonstrate first-hand some of the problems facing you in your day-to-day work • You can volunteer to take part in a Focus Group. These are in the process of being organised and will take place in several different locations around the country • You can also contact the Law Society directly with your ideas and suggestions for improvements to criminal legal aid If you wish to participate in any of the above, please contact: alicemutasa@lawsociety.org.uk Alice Mutasa – Policy Adviser, Criminal Legal Aid, the Law Society. Vicki Butler – Campaigns Manager, the Law Society. 6

https://www.gov.uk/guidance/criminal-legal-aid-review#plan-for-accelerated-work

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JUNIOR LAWYERS DIVISION BBO

Junior Lawyers Division BBO: Summer Boat Party 2019

unior Lawyers Division BBO arranged the first ever collaborative event, a Summer Boat Party, with Hertfordshire JLD and South Essex JLD which took place on Saturday 17 August 2019.

Â The event was a great opportunity for attendees to meet fresh faces in other regions and a chance to build their network.

The Golden Sunrise embarked from Temple Pier, Victoria Embankment into the sunset and was very much enjoyed by all those who attended. Not to mention the free flowing of prosecco!

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Barrister to Judge

Barrister to Judge to… Prep School Head: How did that happen?

ane Thorpe is the 7th Head at Swanbourne House School in Buckinghamshire, a Prep Boarding School for children aged 3-13 that celebrates its centenary in 2020. The energetic, cricket-loving mother of three talks to us about her recent career change. In many ways I feel like I have gone full circle, like I have been called back to where it all started. I was very fortunate to attend a brilliant Prep Boarding School as a child and I am sure that it was the making of me in many ways. I still remember all of my inspirational teachers’ names and faces, although they were so much more than teachers. They really cared about us and our futures. They knew us as individuals and steered and encouraged us accordingly. To have people you respect whole-heartedly believe in you from such a young age makes all the difference in my view. I not only received an excellent education at my Prep School but I feel like it was also where most of my core character traits were nurtured to the fore. I definitely gained a strong sense of determination and resilience at Prep School. I became confident in taking risks, making sure that I reduced the chances of failure with preparation and commitment. I also learned the importance of standing up for others who may not be as strong as you and standing up against those who attempt to bully or control, whatever the personal cost. I formed some wonderful friendships and together we had so much fun whilst excelling in so many different areas. I owe my Prep School a great deal. At the age of 11, my English teacher, Mr Mingham, encouraged me to try debating and being a youngster who always was inclined to rise to a challenge, I agreed and signed up to propose the debating society’s next motion, ‘This House Believes in the Existence of Ghosts’. I absolutely loved it. I signed up for every debate after that and I remember Mr Mingham telling me that I was, ‘born to argue’. I took it as a compliment at the time! It was during Year 7, despite not knowing of any lawyers in my family, that I announced to my teachers and school friends that I was going to be a Barrister. 10 years later, I had a string of excellent A-Levels, a degree in Law from Cambridge and I was heading up to London as a Middle Temple Queen Mother’s Scholar to qualify as a Barrister. My Prep School mentality - work hard, play hard - stayed with me along the way. My love for sport, music, theatre, international cuisine and great company, all introduced to me at Prep School, continued to provide balance to a busy and fulfilling career at the Bar. I loved being on my feet in Court, arguing my clients’ cases to the best of my ability. I developed quite a reputation on circuit for getting to the heart of the matter and not pulling my punches in cross-examination. I think perhaps the Yorkshire accent made me appear even more feisty!

sense of professional duty came to the fore. So too did my innate passion for helping children, who by the very nature of their age and dependency are all vulnerable.

Always hungry for fresh challenges, at the age of 32 I was appointed a Deputy District Judge alongside my practice in Chambers. Four years later and by then a mum to two wonderful daughters, I left the Bar and took up a full time post on the Bench. I was appointed to Milton Keynes’ County Court and for the first time in my career, I began working in Family Law, predominantly child protection cases and private family law matters involving high levels of conflict and complexity; very often the two overlapped. The team of Family Judges I worked alongside at Milton Keynes were quite remarkable and also tremendously supportive. They were what made the four years I spent sitting in Family Law far more bearable than it otherwise would have proved. The cases were heart-breaking and relentless in number. The sense I quickly developed of how many children were suffering significant neglect or abuse in what is supposed to be a developed country was overwhelming. My strong

I read report after report of children who had so much potential and promise but who sadly were unlikely ever to fulfil the dreams they once dared to dream because their lives had been destroyed by the very people whose duty it was to love, support and protect them. As a Judge, I was too often searching to find the least worst option for their future care, knowing that whatever I decided, their future was not looking bright and I would probably never hear about them again. (Best for me not to get started on the grossly under-resourced and wholly inadequate children’s services departments in this country, save to say that I have the utmost regard for dedicated social workers who, despite wanting to do all they can to help the families they work with, are all too often not given the opportunity to do their jobs to an acceptable standard). I decided I wanted to do far more for children than being a Family Court Judge could ever allow me to do. I wanted to be one of those hands-on, key figures in my Prep School who changed lives, cared for, guided, inspired and believed in children and launched them in to bright and exciting futures armed with knowledge, life skills, courage and determination, and with the hope and aspiration that they would in time become leaders and visionaries and forces for good in the world. I resigned as a Judge in 2018 and went back to the world I loved and appreciated most in my childhood; a life changing, independent Prep Boarding School. I am extremely lucky that the Governors at Swanbourne House saw something special in me and gave me the opportunity to move into Headship via what is still seen as an unorthodox route.

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Barrister to Judge

I am now in my second year as Head, with an outstanding ISI report for the School to be rightly proud of, and I am certain I have found my calling. It is an honour and a privilege every day to work with some of the brightest, most engaging, capable, ambitious, quick-witted and caring children you could ever wish to meet. I am also exceptionally lucky to lead a team of dedicated and inspiring teachers and support staff who give their chosen vocation their all. We are so excited to see where every promising young Swanbournian goes on to in later life after all that we contribute to their early education and all-round, early life experiences; and they move on knowing we will always be here for them if they need us.

www.swanbourne.org Open Morning 12th October admissions@swanbourne.org

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The Law Society Symposium

The Law Society Symposium: The power of gender equality to transform the business of law

ender equality is good for everyone’ was the core message of an international symposium hosted by the Law Society on ‘The power of gender equality to transform the business of law’. At the event, senior leaders of the profession, politicians, activists and clients debated how to close the gender gap in the top echelons of the legal profession. But the symposium- the flagship event of Christina Blacklaws’ presidency- included contributions from speakers who acknowledged the many obstacles that remain. In her opening remarks, Christina noted that ‘progress has been painfully slow. Change is not inevitable- we have to work relentlessly to make it possible’. Prior to the symposium, the Law Society had set out to better understand the key issues that affect women working in law. In collaboration with the International Bar Association Women Lawyers’ Interest Group and LexisNexis, the Law Society conducted the largest survey on Women in Law, reaching 7,781 respondents globally, both male and female, to identify perceived barriers to progression. Main findings showed that although women have made up over half of practising solicitors since 2018, the profession continues to be led predominantly by men. Around the globe, the senior levels of law firms do not truly reflect the reality of a profession with a significant female majority at the point of entry. Christina echoed this sentiment at the Symposium women are still ‘by no means the dominant force’.

Using key findings from the survey, the Law Society hosted over 250 roundtable discussions in England and Wales and across thirteen jurisdictions, with an estimated 4,000 attendees in total. These roundtables provided the opportunity to gather lived experiences and catalyse meaningful action to address barriers to progression. The findings from these roundtables have been published in three separate reports: The need for gender equality in the legal profession: findings from the women’s roundtables; Male champions for change roundtable report; and the International women in law report. The Law Society has also published an academic literature review and a blueprint for gender balance, which sets out the main recommendations and practical steps for in-house practitioners and private practice firms, of differing sizes, to develop strategies for gender equality.

Ideas for tackling the profession’s enduring gender problem were set out in discussions, presentations and workshops over the two-day Symposium in June, which was attended by over 300 people. Ideas were predicated on two principles: first, a clear conviction that people in positions of power and influence should act to remove obstacles to equality and use their influence to achieve equal outcomes; and second, a close focus on the leadership skills needed to achieve promotion should be fostered in all organisations. The Symposium was used to launch a ‘Women in Law Pledge’, supported by the Law Society, Bar Council and CILEx, to tackle gender equality in the legal profession. Signatories should: have a named senior leader with accountability for gender diversity and inclusion in the organisation; set specific gender targets for leadership-level appointments; and commit to tackling discrimination and harassment. Targets and an

action plan should be published and ‘specific aspects of pay, reward and recognition of the senior leadership team’ should be linked to achieving those targets. The Law Society’s Diversity and Inclusion team are also working on revising the Diversity & Inclusion Charter and a future project focusing on ethnic minority members in the profession. Following the Symposium, the work around gender equality will continue with international Women in Law roundtables which will take place around the world under the umbrella of the International Women in Law (IWiL) programme. This will include Male Champions for Change roundtables and support of the Women in Law Pledge internationally. To find out more about the Law Society’s work on gender equality and to get involved please email:

London&SouthEastTeam@lawsociety.org.uk

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Healthcare editorial

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CHARITY

Misunderstanding of Wills Risks Inheritance Failing to Reach Children, Loved Ones and Charities

Services added: “The importance of having a valid Will shouldn’t be under-estimated. Many people wrongly think that their loved ones will automatically inherit their assets when they die but this isn’t the case. If a person dies without a Will then they lose control of what happens to their estate meaning that their final wishes may not take effect, leaving disappointed loved ones behind.” The large majority (70%) of Brits believe their family will easily agree on how to divide assets between themselves, despite recent figures from the Ministry of Justice showing that inheritance disputes have trebled over the past decade3. • Over two-thirds (68%) of Brits don’t have a fully written Will, with almost a third (30%) believing that they only need to have a Will in place if they are very wealthy • Nearly 2 in 5 respondents (37%) think that if they don’t have a will, their inheritance will go straight to their partner or children • Remember A Charity in Your Will Week is underway, encouraging everyone to have a Will in place and to consider leaving a gift to charity after family and friends are taken care of

EDNESDAY 11 SEPTEMBER 2019, LONDON: New research1 from Remember A Charity reveals that 68% of adults across the UK don’t have a completed Will in place (47% of over 55s), with nearly two in five respondents (37%) assuming it will automatically go to their partner and children. Almost a third of Brits (30%) don’t think they’re wealthy enough to write a Will, with many believing that Will-writing is time-consuming (30%), complicated (28%) and expensive (27%). Only 1 in 4 (25%) say they have planned for death. What’s more, many Brits are unaware of the flexibility and benefits of legacy giving. More than half (57%) don’t know that giving to charity is exempt from inheritance tax and over one fifth (22%) believe that you have to be wealthy to donate to charity from your Will.

“We’ve certainly seen from the research that there is a huge knowledge gap about how Wills and inheritance works,” says Rob Cope, Director of Remember A Charity. “This remains a key barrier to growing legacy giving and underlines the importance for working together with solicitors, Will-writers, government and other partners to reduce intestacy. “Writing a Will is the only way for the public to ensure their final wishes are met. But the great news is that it can be both quick and easy. During Remember A Charity Week, we’re reaching out across the country and encouraging the public to make sure their loved ones are looked after in this way and to consider leaving a gift to charity in their Will.” Without a Will in place, an estimated 27.9 million Brits2 are leaving their final wishes at the mercy of Government intestacy rules. In England and Wales, if someone dies intestate and there is a surviving partner, any children and close family will only inherit in some circumstances. Meanwhile, in Scotland, the estate would be divided according to the rules of succession. James Antoniou, Head of Wills at Co-op Legal

To help shed some light on these misconceptions, Remember A Charity has been working with BAFTA awardwinning comedian Matt Berry to create a series of comedy films that challenge the biggest myths about gifts in Wills, inspiring people to consider including their favourite charity in their Will. The films can be viewed through the Remember A Charity website. Cope adds: “Legacy giving is absolutely vital to the charity sector and every gift counts – no matter what size. As part of our tenth awareness week, we want to inspire the public to pass on something wonderful and make a real difference to future generations by taking action and writing a gift in their Will.” To find out more about Remember A Charity Week (9-15 September 2019), visit:

www.rememberacharity.org.uk REFERENCES: 1 Research conducted in August 2019 by Censuswide with a representative sample of 2,000 British adults. 2 Based on UK population figures of 18+ year olds in the UK British Gov 2011 Census. Research conducted in March 2019 by OnePoll with a representative sample of 2,000 British adults. 3 Source: Osbornes Law Firm, 2018

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CHARITY

Legal profession called on to address Legacy Giving Myths this September

This September, 200 charities will come together with 1,300 solicitors and Will-writers to challenge the public’s biggest misconceptions about gifts in Wills for Remember A Charity in your Will Week (9-15 September 2019). In the build-up to the Week, Remember A Charity is calling on legal professionals to become campaign supporters, committing to help clients understand more about legacy giving and the relevant tax breaks. Resources will be provided for campaign supporters, including posters that encourage people to ‘pass on something wonderful’ by leaving a gift in their Will. Charitable bequests currently fund two out of three guide dogs, 6 out of 10 RNLI lifeboat rescue launches and almost 1 third of Macmillan’s income. Rob Cope, director of Remember A Charity, says: “Raising more than £3 billion for good causes annually, legacies are a critical source of funding for charitable services across the country.

Awareness of legacy giving on the rise

“Solicitors have such a key role in helping the public understand the full range of options a vailable to them when writing their Will, with research showing that even a simple reference to the opportunity of legacy giving can double the number of bequests made.” He continues: “Here in the UK, we have one of the most flexible will-writing environments in the world with generous tax breaks for legacy giving. Remember A Charity Week is a fantastic opportunity to get the conversation started and build understanding about how it all works.” This year’s campaign will address the most prominent myths and barriers that can prevent people from leaving a gift in their Will. This will include addressing concerns that legacies have to be particularly large, that they are complex to arrange and that they might prevent people from passing on their estate to their families.

Now in its tenth year, Remember A Charity Week shifts its focus from raising awareness to building understanding of legacy giving among the public, with the most recent consumer tracking studies indicating that only 10% of the over 40s are unaware of the opportunity to leave a bequest in their Will. 40% of those surveyed said that they would be happy to donate in this way, up from 35% a decade previously. During that time, charities’ annual legacy income has grown from around £1.8bn to £3bn. Cope adds: “Appetite for legacy giving continues to grow, but there is often a disconnect between the 40% that intend to leave a gift in their Will and the 6% of people that currently do so. There remains far greater potential for raising vital funding for good causes through charitable bequests and the support of the legal profession in reminding clients of the option of including a charity in their Will has never been more important.”

To find out more or take part in Remember A Charity Week, visit www.rememberacharity.org.uk

19 19

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DADCHECK

Using DNA testing to aid the transgender community

he increasing societal commitment to the well being of those wishing to express different gender identity and gender expression together with the legal recognition of same, is important for the protection of individuals, their dignity and their health. Recent instances however, concern the ability of transgender people to amend the birth certificate of a child to reflect their own changed gender, which in one 2015 case was rejected by the Registrar and also by the High Court . This has obvious implications for DNA testing in terms of checking for Parental Responsibility and in carrying out the work, whereby intimate details may be revealed. There are two cases (one ongoing) which highlight the need for fresh consideration of how we might integrate transgender rights into legal parlance and process. In the aforementioned case (the first of its kind) a person male at birth who was undergoing transition to female requested that the Registrar of Births amend her child’s birth certificate to reflect her new name. This was refused and resulted in proceedings under Article 8 (respect for private life) and Article 14 (discrimination on the basis of transgender identity ) of the European Convention of Human Rights (ECHR). This was rejected on the basis that the interference with the Article 8 right was justified but not material, since it would only be under rare situations (we expect paternity testing to be one of them) that the transgender female would be required to produce the child’s full birth certificate. A changed certificate might record the sensitive information or require disclosure, but of course, it would only need to be be revealed to those with an obligation of confidentiality, despite the fact that in this case she had identified herself as transgender on social media. Furthermore, a birth certificate can only be altered to correct minor errors or when parents marry or enter into a civil partnership following the birth . The Registrar of Births does not have discretion concerning the categories that are recorded on the birth certificate, which are “child”, “father”, “mother” and “informant”. Indeed, the Registrar successfully argued that point in terms of the legitimate aims of the Births and Deaths Registration Act 1953. There was justified interference with the claimants rights under the ECHR because there was a need for; a) an administratively coherent system for the registration of births and b) a need to respect the rights of others such as those of the partner and child of the transgender person and, of particular relevance, the fundamental right of a child to know the identity of his or her biological father.

1. JK, R (on the application of) v The Secretary of State for the Home Department & Anor [2015] EWHC 990 (Admin) (20 April 2015) 2. Goodwin v United Kingdom (2002) 35 EHRR 18 and PV v Spain (11 April 2011) (Application No 35159/09) 3. Births and Deaths Registration Act 1953, sections 29,14 and 14A

In a subsequent case , a person female at birth and living as a male (TT) had a child (YY), biologically theirs, by artificial insemination. At the point at which the child was born, a valid Gender Recognition Certificate was in place, so the biological mother was male. The Registrar has decided that the birth mother must be registered as “mother” on the birth certificate. This is against the wishes of TT who asserts that as a matter of domestic law, he should be regarded as the father or secondarily, in a gender neutral manner as “ parent”. Failing that and assuming he has to register the birth as “mother”, then he considered that this would be a contravention of Article 8 of the ECHR. If upheld on the other hand, YY will be the first person born in the UK without a mother on their birth certificate, since other transgender males have accepted the “ mother” annotation. Those acting for YY have issued an application for TT to be declared YY’s father under the Family Law Act 1986, s55A.

We await the final judgement on this case, but in any event the outcome will have profound implications. Society is in the process of normalising its institutions to accept the status of transgender persons but of course in this case must also take into account the separate needs of the child; their Article 8 rights should not be compromised by the decisions of a parent. If the status quo is not upheld, then as a DNA testing company we will inevitably at some point detect a biological female registered as the father, maybe with another registered father or father unknown or a biological male registered as the mother. The biological facts of course, cannot be denied . In 1953 social motherhood and fatherhood were presumed to reflect biological motherhood and biological fatherhood. The increasing complexity of social relationships since that time have been recognised by the law and provide interesting points regarding the registration of the birth of a child in situations of surrogacy, adoption and assisted reproduction, which may provide precedent and guidance as to how the parentage may be best recorded when one of the parents is transgender. In any event, in all three cases, once the child has attained the age of 18, the respective legislation allows for the child to obtain information on their biological parentage. We will discuss these points in the next article and by then, we will hopefully have the judgement on TT vs YY.

www.bbolawsoc.org.uk

DADCHECK

The difference between Sex and Gender About the author:

Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969”. Please see: http://www.dadcheckgold.com Tel: 0191 543 6334 e-mail sales@dadcheckgold.com

Sex AND gender some definitions There has been a neo-logistic expansion of terminology concerning sex and gender… here are explanations for a few of them !

“Sex” relates purely to biology and refers to the genetic make up, which is either male (an X and a Y chromosome), female (two X chromosomes) or intersex. Gender on the other hand, is largely a social construct relating to behavioural, social and psychological characteristics; it may take many forms . Sex and gender may overlap, but should never be confused. Biologically, humans are most often classified as binary, i.e. either male or female. 4. Administrative Court and Family Division in the Matter of TT and YY [2019] EWHC 1823 (Fam) 5. As Lord Simon noted in the Ampthill Peerage Case [1977] AC 547, page 577: “Motherhood, although also a legal relationship, is based on a fact, being proved demonstrably by parturition”.

Transgender7 Transgender (often applied to non-binary gender identities) is an umbrella term that describes a diverse group of people whose internal sense of gender is different than that which they were assigned at birth. It refers to a gender identity which does not align with the gender assigned at birth. Gender dysphoria applies when the individual has a sense of dissatisfaction with their gender. To attain transgender status in the law, an individual must be diagnosed with gender dysphoria by a professional and then apply for a gender recognition certificate under the Gender Recognition Act, 2004. Whilst this piece of

legislation allows transgender persons to obtain a new birth certificate for themselves, it expressly precludes the fact of gender reassignment as a means to alter the status of the transgender person as the mother or father of the child and thus ensures the continuity of parental rights and responsibilities .

Intersex It has long been recognised (since ancient times) and in different cultures that some people are neither male nor female (in whole or in part) or, are a combination of male and female. This is driven by genetic, hormonal or physical features, that is, by their intrinsic biology. For example, some intersex people may have XXY as their chromosome set. Presently in the UK, intersex people may not change their sex classification unless they declare that they are transgender - then they would have to seek a professional diagnosis of gender dysphoria. Equating intersex with transgender is not appropriate. 6. https://genderfluidsupport.tumblr.com/gender 7. Trans - Exploring gender identity and gender dysphoria - by Dr Az Hakeem, 2018, Trigger Press ISBN 978-1-911246-49-7 8. https://www.gov.uk/apply-gender-recognition-certificate. 9. https://www.legislation.gov.uk/ukpga/2004/7/notes/ division/4/12

www.bbolawsoc.org.uk

Expert Witness

Nothing stays the same; is everything changing? Amanda Stevens, EWI Annual Conference Chair

ho was it that said that the only constant in this world is change? Well that certainly seems true at the moment. Political, economic, social and technological factors continue to have a significant impact on society. And what better forum to consider these than this years’ annual conference? We have a great line up for you again this year. Our Chair, Sir Martin Spencer, will be donning his judicial cap and telling us what he believes is the challenge for experts in 2019. Continuing our conference theme, The Rt Hon Lady Justice Nicola Davies and His Honour Judge Richard Roberts will be joining a panel discussion to further explore these issues; including the impact of artificial intelligence on the judicial system, the importance of vetting (in the light of the Andrew Ager case), and what Brexit may mean for expert witnesses.

We’ll hear from Chris Easton who will be discussing the role of the Single Joint Expert and how to make it work for both experts and instructing parties. We are also pleased to welcome David Marshall (Vice Chair of the Civil Justice Council fixed costs in clinical negligence working group) who will be providing an update on fixed costs, Kenny Shealey (National Legal Aid Training Co-Ordinator and Senior Law Costs Draftsman) who will be explaining how to make sure we are paid when the client has legal aid, and we’ll also hear again from His Honour Judge Richard Roberts who will be talking about the new disclosure rules affecting experts and costs budgeting for experts. We have some great exhibitors as usual and are particularly pleased to welcome Redwood Collections as our lead sponsors for the event. Redwood Collections as their first Supplier Partner which is a new scheme recognising organisations who supply goods and services to the Expert Witness community.

They offer a complete portfolio of debt collection services ranging from sensitive mediation through to legal and insolvency action and as part of the partnership, will be offering EWI members a discounted commission rate of 10% commission (typically 15%). You’ll also have the chance to meet the Governors as well as network with other experts, instructing parties and senior members of the judicial system at break times and during our evening drinks reception. It has never been more important to have a credible voice for expert witnesses, highlighting the critical role they play in our justice system. So please do come along and join your fellow colleagues for what promised to be an interesting day of discussion and debate. To find out more and book your place visit: http://bit.ly/EWIAC2019

www.bbolawsoc.org.uk

BOOK REVIEW

TO INNOVATE OR NOT TO INNOVATE: A Blueprint for the Law Firm of the Future By Darryl Cooke

HANGE OR DIE? A POSITIVELY EVANGELICAL MESSAGE FOR LAW FIRMS AIMING FOR FUTURE GROWTH

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Innovation — if you are running a law practice — means embracing the new and rejecting the old, primarily outmoded methods, tools and attitudes. Author Darryl Cooke, who has written this new title from Globe Law and Business has obviously aimed to point readers, i.e. lawyers, in the direction of innovation with a view to effecting positive change. The grim alternative is to lose business by attrition to those more forward-looking firms for which innovation is a byword. Cooke’s innovative fervour is expounded with almost evangelical zeal, as the prime mover of change, preferably change for the better. ‘Why,’ it is asked, ’shouldn’t your firm be the one to take a leading role in galvanizing leaders and entrepreneurs into delivering a better world?’

ISBN: 978 1 78742 248 3

GLOBE LAW AND BUSINESS Good Practice Guides

Charities, for example, ‘could do good faster if they had the help of a visionary law firm behind, or alongside them.’ But is the relentless drive to innovate the best way forward? The author elaborates on this point by reassuring us that the book is not about innovation; it is ‘a book about growth.’ The catch here is that real growth requires real change. The book therefore functions as a useful aide memoir as to how change — real change — can be achieved. It challenges quite effectively the status quo attitude all too often insisted upon by the ‘if-itain’t-broke-don’t-fix-it’ brigade, observed in large organisations. Numerous research studies from top business schools and universities, for example, are cited throughout to drive home the salient points. The book’s most convincing arguments centre on what we all know to be those key questions — spoken and unspoken — that preoccupy potential clients sniffing around for the right law firm. Why should I do business with you?’ they ask. Or — ‘What can you offer me that no one else can?’

www.globelawandbusiness.com

The author is adamant that innovative strategies can and do assist that competitive edge, so ‘crucial to your bottom line.’ In imparting page after page of sage, sensible advice, the author exudes a degree of enthusiasm and sense of mission which is positively infections and certainly motivational for like-minded readers. Compact, businesslike, and an easy, yet challenging read, this handy volume deserves a place in the library of every law firm going for growth. The date of publication of the paperback edition is cited as at 24th May 2019.

UNFAIR DISMISSAL: A Guide to Relevant Case Law By Daniel Way

N IMPORTANT PAPERBACK OF GREAT ASSISTANCE TO UNREPRESENTED PARTIES

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” We welcome this excellent short paperback which is now in its 37th edition compiled by Daniel Way for Lexis Nexis. The Guide’s aim remains to give employment law practitioners a view on the current approach of the courts and tribunals to the various problems of statutory interpretation. The book contains extracts of the relevant law, analyses of the most important judgments and extracts of the main relevant findings. Way has added 14 new principles from the cases reported during 2018 which will be invaluable to court users. It is useful to recall that very few legislative changes have taken place concerning unfair dismissal in the year although the statutory extracts included are generally those in force at the end of 2018.

ISBN: 978 1 47431 087 1

The work remains a superb concise annually updated guide. The author has gathered together all the key points from the most important unfair dismissal cases reported in Industrial Relations Law Reports, providing a valuable reference tool. As the publishers say, “it extracts those principles that are still relevant today from cases reported since 1972”. We recognise, as Way says, that this Guide is “ essential for everyone involved in advising, acting or adjudicating in this area, or for anyone who needs to know the current approach of the courts to the range of problems of interpretation posed by the statute”. The new edition adopts the same methodology as in previous editions. The editor says that “where the emphasis in the judicial interpretation of the statutory language has shifted, this has been taken into consideration”. And most useful this consideration is together with whether “the relevant principle for the reported case would still be regarded as authoritative were it to be scrutinised by the appeal courts today. We are naturally reminded of the somewhat often thought of concept that today’s dissenting

LEXISNEXIS

www.lexisnexis.co.uk

judgment is possibly tomorrow’s good law! Way also comments that “if there are conflicting lines of authority both sets of decisions are referred to unless a clear trend has been established in favour of one or the other”. The Guide takes the law as it stood at the end of 2018 and includes cases reported in IRLR up to the end of 2018. The statutory extracts included are those in force at the end of 2018. The 37th edition in paperback was published on 14th March 2019.

www.bbolawsoc.org.uk

Locktons

Navigating the challenges ahead

he PII renewal season is now fully underway and the forecasted challenges suggested by many are seemingly coming to fruition. With only three weeks until a number of practices renewal dates will be upon them, I wanted to share with you some of the reasoning why there is a challenging marketplace but most importantly measures that can be implemented to weather the impact of the current market conditions. A number of factors are influencing the prevailing market conditions, but the two most impactful are: Lloyd’s of London financial performance showed that between 2016 and 2018 60% of syndicates were unprofitable and underperforming. This identified non US PII as the second worst performing class of insurance within Lloyd’s and corrective measures are taking place. Many syndicates have reduced capacity, and have implemented rate increases throughout 2019; when you combine these two factors, it results in many of the syndicates having a limited new business appetite or ability for growth.

midst of doing so, you are still able to make a difference, if you have submitted your forms, there is nothing stopping you adding to what has been provided. You can make a difference by following these steps:

Distinguish yourself from the crowd As a proposal form generally provides the numeric data that an insurer can use to load up their pricing tool. It is the softer facts about your practice along with some expert broking that provide them with the necessary ingredients to deviate away from their technical pricing with this in mind, it would be prudent to provide a foreword about your practice. This may include, a brief history how you have got to where you are today, the management and structure of the practice, your client base, along with your approach to quality control and risk management it is however important to be proud of the accomplishments of your practice. It is likely you will be vying for the attention of underwriters with hundreds of your peers in a short space of time. With this in mind,...

Claims An increase in claims severity - with multiple loses breaching the compulsory primary layer of insurance. The most sizeable claims emanating from the following areas of practice:

• Commercial Work • Depositor Funded developments • Escalating Ground Rent provisions • Litigation • Wills and Probate • Cyber Crime

A number of these practice areas have generated losses that have impacted both primary and the first excess layer insurers which could have a bearing on some insurers’ rates. The claims activity has resulted in a significant reduction in the number of insurers willing to provide coverage for the first excess layer above the compulsory primary layer, premiums for this layer of insurance have increased from what they were last year. At the start of the article, I had promised guidance on the measures that can be implemented to weather current market conditions. Despite the challenges, I am pleased to advise that practices can still make a difference to the impact upon them providing that Insurers are presented with a detailed presentation and crucially they are supported by some expert broking. Throughout this current renewal period, we continue to witness that those active insurers wish to align themselves with good businesses. It is therefore important that you take a proactive approach to demonstrate this to insurers. Whether you have submitted your proposal or are in the

Experience and expertise Work with a broker, who has an understanding of the legal profession and the ability to appropriately articulate your practice to insurers. Choose a broker who can guide your practice and provide appropriate advice to you on policy and issues that may affect you. Furthermore, whilst no practice wishes to experience claims, you may wish to select a representative that has the appropriate resources and expertise to help you, when you will need it most should the need arise.

Completion of your proposal form Do so with utmost care and attention, ensuring that your work split adds up to 100% and that you answer all the applicable questions. If any question specifically requests additional or supporting information, please make sure that you provide this. If a yes or no answer does not quite work for your practice and the way that you do things, please make clear reference and provide further explanation. Wherever possible complete the proposal form on a computer to ensure that it is legible and easy for an underwriter to understand.

Claims information - Provide updated claim summaries even if you have had no claims as insures will require this information to satisfy their underwriting file. Your representative should be able to obtain these for you with your writing permission. If you have had claims or there are open reserves then an overview of what happened, and what lessons have been learned to prevent these from occurring in the future. If you have notifications open with no reserves, provide your view on both merit and quantum. If you want a second opinion, please do not hesitate to contact me or a member of the Lockton Solicitors team who will be very happy to help.

it is important to provide a quality presentation that provides the underwriters with a good insight and understanding of your practice. Select the right representative for your firm.

Direct access to leading insurers It is incredibly important to prevent unnecessary links in the chain. Ignoring the delays that this may create in the event of a claim materialising, the immediate issue could well be in the forthcoming negotiation. Additional and unnecessary links in the chain distance your practice from the underwriter and insurer. It can create unnecessary delays in the process and could result in your message to insurers being diluted. The more people in the process can mean increased premiums or that you do not get appropriate service.

Brian Boehmer, Partner Lockton Companies LLP T: 0207 933 2083 E: brian.boehmer@uk.lockton.com

www.bbolawsoc.org.uk

Fridays at Quill

By Julian Bryan, Managing Director, Quill

othing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week. And in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day.

Julian Bryan joined Quill

as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016 to 2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal profession for over 40 years.

For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved. When you consider the plethora of problems that fall into the non-compliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task. In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail.

office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still outstanding. Our reports also streamline the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland.

As already intimated, for clients using Interactive, there are all manner of easy-to-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body.

These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-complianceguaranteed service.

Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports. All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable. For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and

Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-to-day transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway. Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes. Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-by-Quill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved.

To discover more about Quill, please visit: www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910