CAMBRIDGESHIRE LAWYER Stronger Together, Better Connected
Issue 95 Spring 2022
The Cambridgeshire Law Society Newsletter
It’s nearly time for
CAMBRIDGESHIRE LAW SOCIETY’S ANNUAL GALA DINNER AND
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CAMBRIDGESHIRE LAWYER
CONTENTS
The Cambridgeshire Law Society Newsletter
5 President’s Page
16 CJLD Update
5 Information & Events
16 CYPG Update
6 An Update from the Law Society’s Head of Justice, Richard Miller
17 Legal Excellence Awards 2022
8 The View from Chancery Lane
18 Drainage and water report for new build homes 20 EWI Launch Core Competencies for Expert Witnesses
9 Who's Who? Gary Hanson
22 Protecting Transaction Funds
9 ARU student gains valuable experience in the Cambridge Family Court
24 Early Bird Entry for British Wills and Probate Awards 2022 26 Charity Legacies
10 Deals of the Quarter
27 Home Care in the UK
10 Movers and Shakers
30 Probate Genealogy – Specialist Help for Probate Practitioners
12 Diversity Matters – Talking Pride in the Law with our LGBTQ+ Lawyers 14 Always look on the bright side of life
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www.cambslawsoc.co.uk | 3
CELEBRATING CE ATI 150 YEARS - 1871-2021 -202 THE PRE PRESIDENT OF CAM C CAMBRIDGESHIRE LAW SOCIETY OCIETY IN INVITES YOU TO
Annual Gala Dinner and Legal Excellence Awards Friday 22nd nd April 2022 KING’S COLLEGE, KING’S PARADE, E CAMBRIDGE CB2 CB 1ST
Reception – 6:30pm
❖
Dinner – 7:30pm
❖
Carriages – 12.00 midnight
Guest of Honour SIMON DAVIS S 175TH
Black Tie Members: £120 Non-Members: £140 PLATINUM SPONSOR
OUR CHARITY
PRESIDENT’S PAGE Michael Frape President of the Cambridgeshire Law Society
I
Welcome to the Spring Issue of Cambridgeshire Lawyer!
am delighted that former national Law Society President, Simon Davis, has contributed a fascinating column on what he has learnt about the importance of the law and being a lawyer from his career spanning 40 years as a solicitor and partner in Clifford Chance. Simon will also be joining us as our guest of honour at our 150th anniversary dinner on Friday 22nd April. Speaking of which, all on the committee are looking forward to welcoming you to King’s College for the dinner
and the LEA2022. It should prove to be a night to remember and we hope that as many of our members as possible will attend. We will be celebrating 150 years of serving the legal community in Cambridgeshire and, in some ways more importantly, recognising the outstanding legal talent here in Cambridgeshire. Many thanks to all our sponsors for their generous support, but especially Rathbones, who have been with us on the journey for many years. Michael.
INFORMATION & EVENTS OFFICERS
President Michael Frape Ashtons Legal Treasurer Gary Hanson Honorary Secretary Emma Bowman HCR Hewitsons
COMMITTEE MEMBERS
Barristers Rep Joshua Walters Fenners Chambers Career Development and Mentoring Officer Francesca Lofts Cambridge University Press & Assessment Corporate Partnerships Officer John Wright Woodfines Corporate Sponsorships Officer Joshua Walters Fenners Chambers CSR & Pro Bono Rep Ellen Cole Greenwoods GRM Equality, Diversity & Inclusion Officer Scott Smith Howes Percival International Relations Officer Melissa Barker (Née de Carvalho) Birketts In House Lawyers Rep Anna Mortenson Nichino Europe Junior Lawyers Division Representative Alexandra Illingworth Mills & Reeve LEA Officer Jessica Mason Birketts L&D Officer Chris Hoole Appleyard Lees Patent Attorneys Rep Anwar Gilani Venner Shipley PR & Social Media Officer Josie Beal Birketts
Publications Editor Kate Harris Birketts Website Officer Charlotte Vallins Ashtons Legal Administrator Penelope Harrington
MEETINGS 2022
Wednesday 27th April AGM followed by a Committee Meeting 5.30pm on Zoom
EVENTS 2022 Social
Friday 22nd April Gala Dinner & Legal Excellence Awards 2022 King’s College, King’s Parade, Cambridge, CB2 1ST 6.30pm Wednesday 20th July Garden Party Trinity Hall, Trinity Lane, Cambridge, CB2 1TJ 6.00pm
L&D
Thursday 12th May An update on the issues facing Court of Protection practitioners followed by networking Birketts, 22 Station Road, Cambridge, CB1 2JD 4.45pm Monday 13th June In-House Lawyer and External Counsel Roundtable followed by networking Mills & Reeve, Botanic House, 100 Hills Road, Cambridge, CB2 1PH 4:00pm
www.cambslawsoc.co.uk | 5
AN UPDATE FROM THE LAW SOCIETY’S HEAD OF JUSTICE, RICHARD MILLER 1. Criminal Legal Aid Review
Over the past year an independent review, chaired by Sir Christopher Bellamy QC, has been looking at the fundamental principles of fee schemes for criminal legal aid in the round. The final report was published on 13 December 2021, and finds that rates are too low, firms are dropping out, there is concern as to whether the sector will be economically viable in the short term and an immediate injection of resources is needed to sustain the sector. It proposes a 15% pay increase for criminal legal solicitors, and echoes recommendations we've raised in our campaigning work. The government published its response to the report on 15 March 2022 and has opened a consultation which closes 7 June 2022. In the meantime, the Law Society is meeting with ministers and officials, liaising with the Criminal Bar Association, engaging with the All Party Parliamentary Group on Legal Aid and select committee staff, as well as liaising with media on this issue. This is all with a view to encouraging the Ministry of Justice to make an across the board increase in rates on the existing structure, and then to work with us on the detail of the restructuring over a longer period of time. An overview of the Law Society’s work on Criminal Legal Aid to date can be found on our website. An overview of our work on Civil Legal Aid is also available, as are our updated Civil Legal Aid heat maps.
2. Means test review
As part of its Legal Support Action Plan the government is reviewing how it decides who is eligible for legal aid support. The review was meant to conclude in 2020 but remains outstanding. Whilst this review remained outstanding the Law Society has supported two legal challenges, brought by Public Law Project which have resulted in positive legislative changes being made in this area in January 2021 and April 2021. 6 | www.cambslawsoc.co.uk
An explicit mention of the means review in the Spending Review 2021 leads us to be optimistic that means thresholds will be raised. We have also been pushing for other changes, such as making some areas non-means-tested, and reducing the administrative burden on firms. It remains to be seen how successful we are on these issues.
rolled out, and to ensure our members’ and their clients’ needs are considered throughout. The Law Society expects the key focus for HMCTS next year to be personal injury and housing cases.
An overview of the Law Society’s work surrounding the legal aid means test review can be found on our website. The government’s Legal Support Action Plan is available to download.
An overview of the Law Society’s work in this space to date can be found on our website. We also have articles that cover our views on remote hearings, HMCTS’s evaluation of remote hearings during the COVID-19 pandemic and a Law Society report on the impact COVID-19 measures have had on access to justice and vulnerable people.
3. Legal aid contracts
5. Judicial diversity
The Law Society is currently engaging with the Legal Aid Agency to consider several potential changes to the next civil legal aid contract. 1. Office presence – Can the requirement to have a physical office be relaxed or altered, to reduce the financial burden on firms whilst maintaining geographical coverage of face-to-face services? 2. Supervision – Can the requirements around supervision be further relaxed to enable greater virtual and hybrid working? 3. Rolling contracts – Can we move to a system of rolling contracts to give firms more opportunities to apply for contracts and to give firms greater business certainty once they have a contract? 4. Audit – Can we improve the balance between managerial audits and peer review, to reduce the administrative burden on firms whilst improving the quality of work? Should you wish to share your experiences or any other feedback on the above criteria, our contact details are at the bottom of this article.
4. Court reform
The HMCTS digitisation projects continue, and the Law Society has established a channel of information with HMCTS to share with members, to involve members in the development of new systems, to feed back issues our members encounter as the systems are
The Ministry of Justice recently published a "deep dive" analysis which examined performance of target groups in judicial selection exercises across nearly 5 years. The analysis showed that solicitors and black, Asian and minority ethnic candidates are significantly less successful in the judicial applications process (compared with barristers and/or white candidates, respectively). The Law Society currently provides a range of support for members who apply for judicial appointment and is therefore engaging with the Judicial Appointments Commission (JAC) in order to understand the reasons for the differential performance of solicitors and BAME candidates in the judicial selection process. A particular focus for the Law Society this year will be the extent to which the JAC’s selection panels (including law and judicial members) that make recommendations for appointment truly understand solicitors' skills and how they demonstrate the judicial competences. The latest update from the JAC can be found on their website.
Get Involved
Our work is led by the experiences of our members and without your feedback and contributions our influence is limited. Should you wish to reach out to us with your views, experiences and feedback on any of the above matters please contact our Membership Engagement and Services Team by emailing Andreas Maier at andreas.maier@lawsociety.org.uk or Beth Quinn at beth.quinn@lawsociety.org.uk.
YOU’RE INVITED TO A
WEDNESDAY 2OTH JULY 6-8.30PM FOR A SPECIAL EVENING ON THE LATHAM LAWN AND RIVER TERRACE
TRINITY HALL | CAMBRIDGE DETAILS TO FOLLOW
THE VIEW FROM CHANCERY LANE Michael Frape Law Society Council Member for Cambridgeshire & Peterborough
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ost lawyers are understandably too busy to stop and think about such lofty matters as the rule of law, let alone whether it is under threat. I would suggest however that whether this is the case is an urgent and important question for all lawyers to consider not just the so-called ‘do-gooders’ and ‘lefty lawyers’ sometimes pilloried by elements in the UK Government. The rule of law is a broad concept which includes many principles, but it can be summarised as meaning that the law is applied equally and fairly to all citizens and that no one is above the law especially those in government and that arbitrary abuses of power are prevented. The separation of powers between the legislature, the executive and the judiciary is highly important in ensuring that the executive can be held to account either by the legislature or the judiciary. There are many reasons why the rule of law is incredibly important, but there are in my view two fundamental reasons for that being the case. First, it is recognised as being a key ingredient in the UK’s economic success. Businesses want to do business in a country where: the rules are applied equally and fairly; the judicial system is of high quality and robustly independent; and there is a strong and independent legal profession able to advise clients on their legal position. Secondly, living in a state where the arbitrary misuse of power was permitted or laws were applied unequally and unfairly would be an abomination. It can of course be argued that ours is the oldest democracy in the world, the court system is exemplary, the judges are independent, the law is applied equally and fairly to all including those who govern us and arbitrary misuse of power is unheard of. All this is broadly but not completely true. It is also very definitely the case 8 | www.cambslawsoc.co.uk
Are we witnessing the beginning of the end of the Rule of Law? that it is dangerous to assume that the rule of law will remain sacrosanct forever. Nothing remains the same forever and that iron law applies as much to the rule of law as it does to anything else. Unless the rule of law is the subject of eternal and robust vigilance by the legal profession (amongst others), there is a significant risk of it being eroded away. And I believe that there is clear evidence that the rule of law has been under threat for several years and that the situation may worsen.
The Government’s response to that finding was to seek to change the rules against paid advocacy. Those rules have been in place since 1695 and are a cornerstone of parliamentary democracy.
In November 2016, The Daily Mail identified the Lord Chief Justice and two High Court Judges as being “Enemies of the People” (an expression often used by Stalin) when they correctly ruled that Brexit couldn’t be triggered without a vote in Parliament. Justice Secretary Liz Truss failed to defend the judiciary despite that being a key requirement of her role. In September 2019, the Supreme Court ruled unanimously that the UK Government had unlawfully prorogued Parliament. Was the Queen misled when she agreed to exercise her prerogative power to prorogue Parliament? In September 2020, the Northern Ireland Secretary, Brandon Lewis, admitted that the UK government would break
the Northern Ireland Withdrawal Agreement in a “specific and a very limited way”. This led to the resignation of the Permanent Secretary to the Government Legal Department. In the same month, the Home Office published a video which attacked ‘activist lawyers’ for representing asylum seekers. The Chair of the Bar Council pointed out that lawyers should not be attacked for doing their jobs. And in November 2020, the Home Secretary Priti Patel failed to resign despite having been found guilty of bullying and therefore breaching the Ministerial Code. That caused the resignation of the government’s Independent Adviser on Standards. There are of course other examples I could cite, including ‘Partygate’, which (at the time of writing) has caused 20 Fixed Penalty Notices to be issued against Downing Street staff for breach of Covid regulations. In my view however the worst example of there being a threat to the rule of law was the Owen Patterson scandal. The Commissioner for Independent Standards held that Owen Paterson MP (as he then was) had committed “an egregious case of paid advocacy”. The Government’s response to that finding was to seek to change the rules against paid advocacy. Those rules have been in place since 1695 and are a cornerstone of parliamentary democracy. It has been noted by commentators that changing an inconvenient law you have broken is the act of a postSoviet kleptocracy not a parliamentary democracy. Unsurprisingly, the UK government was forced into an ignominious climb-down, but they had nevertheless attempted to subvert the rule of law by seeking to change the law retrospectively to protect one of their own. I am sad to say there are reasonable grounds to believe that the rule of law is under threat.
WHO’S WHO? GARY HANSON
“Gary, hope you are well and sorry Gary Hanson not to have been CLS in touch for a while. I was just wondering if you knew anyone who would be interested in helping me out and being the Treasurer for Cambridgeshire Law Society” were the words Michael Frape used to approach me for that role. Funnily, he had just found out that I was retiring after 34 years at BDO, the fifth largest accounting and advisory firm in the UK and world, including over 27 years as a partner, the last 14 of which has been working in the Cambridge business community. I guess he thought it was a shoe-in. I didn’t take too much persuading, there was a great administrative
support in place who demonstrated very quickly that she ran an efficient ship and I wanted to help Michael engage with lawyers across Cambridge to develop a Society that met their needs and expectations. As ever, there were things he didn’t feel the need to discuss with me up front, such as it seemed the right time to incorporate the Society (after 150 years unincorporated), that there was to be a transfer in, if approved, of more lawyers from Peterborough & District and the small matter of getting everyone together after 2 years social distancing for a special celebratory dinner at Kings College by the end of April. Feeling well-equipped for the role, I’ve started working with a brilliant and enthusiastic committee to start
the evolution of your Society. We’ve put a budget in place and prepared management information to monitor progress and report back on the finances and with substantial input from Penny have prepared for the dinner. With support from the chair of the judging panel for the Legal Excellence Awards, Ian Mather, Michael and I want to know what more we can do for you – be that social events for lawyers, benchmarking of the firms, or learning and development opportunities. We are also proposing to create a network of mentors and counsellors to support each other and given my career, I see this as another excellent way to put back into the Cambridge community by working with you to develop your careers and awareness.
ARU STUDENT GAINS VALUABLE EXPERIENCE IN THE CAMBRIDGE FAMILY COURT Ben Garbett ARU student
V
olunteering at ARU’s Law Clinic has been an invaluable experience for me - the whole experience has been an opportunity to build a solid foundation for my legal career alongside studying for my degree. Besides the implicit benefits from the volunteering experience itself, the opportunity to be a part of the team and build my network has opened doors for further legal work experiences outside of the Law Clinic. Recently, I was fortunate to have been given the opportunity to shadow Her Honour Judge Gordon-Saker in the Cambridge Family Court via my connections with the Law Clinic.
Shadowing HHJ Gordon-Saker was an extremely constructive experience; I was able to observe how the law is practically applied in the courtroom, both virtually and in person. Over the day, I sat on the judge’s bench with HHJ Gordon-Saker for two hearings in the morning and then a follow-up in the afternoon where she gave her judgement. I learned much about courtroom etiquette and how solicitors and barristers construct and deliver legal arguments. What stuck out to me the most was joining five judges for their lunch in the judges' library. It was during this time that I had the opportunity to ask questions and get the greatest insight into a legal career. I was able to develop a personal and professional rapport with the judges which lead to further opportunities being presented to me.
Undertaking this experience confirmed to me that I have chosen the right career path. Shadowing HHJ Gordan-Saker in her chambers and seeing how she constructs her judgments was inspiring and I will carry the skills I have learned from this experience throughout my entire career.
HHJ Gordon-Saker www.cambslawsoc.co.uk | 9
MOVERS AND SHAKERS Kate Harris Senior Associate Solicitor, Irwin Mitchell
The University of Cambridge appoints a Director of Legal Services
David Parsons has been appointed as the permanent Director of Legal Services at the University of Cambridge, having previously served as the interim Head. David started his career in the law as a barrister in chambers at Gray’s Inn, specialising in defamation, before becoming a solicitor in private practice at a City firm, specialising in intellectual property matters. In 2002 he returned to Cambridge, where he first studied law, taking up a wide-ranging legal advisory role at the University. Acknowledging David’s contribution
Here is a round-up of the latest moves, promotions and achievements of Cambridgeshire Law Society’s members… throughout his time to date at the University, and particularly during the unexpected challenges presented by the pandemic, Emma Rampton, the University’s Registrar, said “the breadth of [David’s] legal expertise, his sheer intellectual ability and his deep knowledge of the institution are huge assets to the University, and I very much look forward to continuing to work with him.”
A new head of Family Law for HCR Hewitsons in Cambridge
Established family lawyer, Roopa Ahluwalia, has joined HCR Hewitsons to head up their Family Law Team
in Cambridge, bringing more than 20 years’ expertise in mediation, collaborative law and complex financial settlements. Roopa, who joined the firm from BDB Pitmans, is known for her work on cases with international elements and thirdparty interests as well as on complex settlements and children issues. Roopa joins as the Family Law Team across the firm expands across all 11 offices, with a particular emphasis on developing new teams in the former Hewitsons’ locations, where the two firms merged last summer. Roopa says “I’ve been given a warm welcome and I’m very happy to be growing and developing a team here. I look forward to working alongside my new colleagues, who are all esteemed experts in their field and provide a wealth of knowledge to draw upon”. We would love to hear from you if you know of any moves, promotions or achievements which should be featured in our next edition. Please let us know by emailing admin@cambslaw.com.
DEALS OF THE QUARTER We are continuing to celebrate the successes of our member firms and to bring you news of the biggest deals and wins from across the County. Here’s what’s been going on this quarter…
HCR Hewitsons’ Cambridge Corporate Team support MBO at Mr Fothergill’s Seeds Laurence Evans and James Lawrence from HCR Hewitsons’ Cambridge Corporate Team acted for the shareholders of Mr Fothergill’s Seeds, the well-known Newmarket-based horticultural business, in the company’s management buyout with private equity backing.
In the £100m+ deal, led by FRP Corporate Finance, Mr Fothergill’s Seeds will continue to be led by managing director Dave Carey and his experienced management team with new non-executive chair, Matt Atkinson. The deal provides a growth platform for the senior management team, 10 | www.cambslawsoc.co.uk
supported by new capital from Harwood Private Capital and OakNorth Bank. Mr Fothergill’s Seeds was founded in 1978 by Jeff Fothergill and Brian Carey and over the last decade has been run by their sons, Dave Carey and John Fothergill, together with Aaron Whitehouse. It supplies horticultural products via its direct to consumer channels and to more than 3,000 retailers and partners including large national retailers and garden centres worldwide. It has expanded into a £50m turnover business with a strong brand which now trades in over 30 countries. The business is run from its Newmarket HQ and its offices in Australia and New
Zealand, employing more than 250 staff. Laurence Evans said: “I am delighted that we could support such a major commitment to Mr Fothergill’s Seeds’ growth for the future. They are a great example of how a family business can expand nationally and internationally and we look forward to working with them in the future.”
James Lawrence and Laurence Evans
DIVERSITY MATTERS – TALKING PRIDE IN
THE LAW WITH OUR LGBTQ+ LAWYERS Scott Smith Senior Associate, Howes Percival
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ast year, the Law Society published their research paper into the experiences of the LGBTQ+ legal community, aptly named “Pride in the Law”. The research paints a fairly positive picture, although there is clearly work still to be done to make the profession truly inclusive. In this article, we take a look at some of the key findings and speak to some LGBTQ+ lawyers within the community and their allies to see how their experiences compare.
Out and Proud
Ask any openly LGBTQ+ person about the first time they told someone about their identity (normally referred to as “coming out”) and no doubt they’ll have a story to tell you. The process of “coming out” is a continual one, and even those who are openly themselves with close friends and family will likely find themselves making decisions about whether to come out in various workplace settings. The Law Society’s paper indicates that just over 4 in 5 LGBTQ+ lawyers are out to their colleagues, but only around 2 in 5 are out to clients. These proportions are higher than the figures from the Law Society’s 2009 survey, but clearly some still have concerns about coming out at work. Scott Smith at Howes Percival comments that “whilst I identify as gay and I am happily out to most people I know including my colleagues at work, there are still occasions where I have to decide whether to come out to a new connection or rely on gender neutral terms like “my partner” to avoid outing myself.” Many in the LGBTQ+ community find that coming out becomes easier as you tell more people and become more comfortable in yourself. This seems to be backed up by the research which indicates that being out at work is easier for those in senior positions. Charlie Lyon-Rothbart at Taylor Vinters agrees and told us that “being out in the workplace can be easier the older you are and/or the longer you work somewhere. It was probably only from 2016 that I finally started to shed the fear of the reveal and take the attitude of “I am who I am and I have every right to be it.” Although the statistics around coming out at work are a good barometer of LGBTQ+ inclusivity, a truly 12 | www.cambslawsoc.co.uk
inclusive organisation will ensure that their employees feel comfortable being themselves at work without fear of discrimination or poor treatment as a result – neatly summarised by the increasingly popular slogan “bringing your whole self to work”. The results of the Law Society survey found that 97% of respondents felt they could be themselves at work at least some of the time, and it is clear that the industry is moving in the right direction. Emma Bowman at HCR Hewitsons notes that “even 15 to 20 years ago, attitudes were very different to those of today”. Despite the positive trends, not all LGBTQ+ lawyers had an entirely positive experience. Over 1/3 of respondents to the Law Society’s consultation had experienced some form of homophobia, biphobia, transphobia or other negative treatment as a result of their sexuality in the workplace. Nelson Clarke, Legal Counsel at Illumina notes that “being LGBTQ+ still requires greater personal courage and inner fortitude where representation at senior levels of firms and in-house management teams remains scarce. Businesses can also do more to fund and prioritise engagement with the community, making space for authentic networking opportunities, both big and small, for this community and its allies across organisations.”
Allies and Role Models
One of the keystones to ensuring LGBTQ+ lawyers feel comfortable being themselves at work is having the visible support of their colleagues, and this is a clear theme from the Law Society research paper. Around 9 out of 10 LGBTQ+ lawyers who responded to the Law Society consultation reported having supportive colleagues or allies in the workplace. Actions such as challenging inappropriate behaviour and educating themselves on LGBTQ+ issues were highlighted as some of the ways to be a good ally. Kieran John at Taylor Vinters agrees: “I see three aspects to my role as an LGBTQ+ ally in the workplace. Firstly, learning and understanding the challenges that LGBTQ+ colleagues may face - either through wider reading or by listening
to colleagues. Secondly, implementing the learnings – for example by drafting gender neutral agreements and including pronouns in email signatures. Finally, publicly challenging any micro aggressions and supporting firm wide campaigns that promote inclusion and equality.” Whilst most respondents to the Law Society research felt they had allies in the workplace, less than half of respondents felt they had positive LGBTQ+ role models to look up to. Having visible role models in the workplace, particularly at senior management level, helps to foster inclusivity. Seeing openly LGBTQ+ lawyers being supported by their colleagues and managers, and being successful within an organisation can really empower others to come out and be their authentic selves at work. These findings are not just supported by the Law Society research; the benefits of having visible role models was something that was mentioned time and again by those lawyers we spoke to. Ashley Williams at Taylor Vinters told us “for most of us, just seeing other LGBT+ staff members in the workplace has a significant impact. I gain reassurance from having visibility of those who have already walked the path I am on, particularly when they hold senior positions in the firm. I have a sense of pride working with senior members of the firm who are openly gay and strong straight allies. It gives me confidence to be completely open in the workplace”. Similarly Emma Bowman of HCR Hewitsons Law comments “when I moved to Cambridge about 15 years ago I just decided to be open with everyone and I can honestly say that I have had no negative experiences as a result. It helped that I had openly gay colleagues in my new job. I hope that being out and making it more the norm helps other LGBTQ people feel that they can also be open.”
specifically to promote inclusion and build connections within the LGBTQ+ community locally. Cambridgeshire Law Society is also considering the creation of a cross firm Cambridgeshire wide network for the LGBTQ+ community and would be interested to hear from any of our members who would like to be involved, so please do get in touch!
A Positive Picture
Overall, the Law Society’s “Pride in the Law” research paper indicates that the legal profession is making significant strides towards inclusion for those in the LGBTQ+ community, and those we spoke to echoed these findings. Although there remains nervousness for some around coming out at work, the potential for more LGBTQ+ role models and more research needed into trans and non-binary experiences, progress continues to be made. We at the Cambridgeshire Law Society sincerely hope this trend continues so all our members can feel comfortable being their authentic self at work. A huge thank you to all our contributors to this article – we wish you all continued success in your careers. If you have a story or opinion to share about your experience of EDI within the Cambridgeshire legal community, or want to get involved with our Diversity Matters initiative please get in touch with Scott Smith our EDI officer (scott.smith@ howespercival.com) or Penelope Harrington our administrator (admin@cambslaw.com)!
Staying Connected
Internal or external LGBTQ+ networks can also provide a safe space for those in the community, and approximately two thirds of respondents to the Law Society research were part of an LGBTQ+ network. Staying connected with other LGBTQ+ lawyers facilitates a sharing of experiences and creates a support network of like-minded individuals with a clear understanding of the challenges faced by the community. Mark Ness, in-house Counsel at AstraZeneca agrees, and told us about the importance of these networks for him when joining his current organisation: “When I joined AZ five years ago, I had the usual anxieties about whether or not I’d need to hide my sexuality at work or whether I could be open. Discovering AZPride (AstraZeneca’s internal LGBTQ+ network) released me from this anxiety because it was a clear sign that I’d joined an organisation that supported inclusion and diversity and that I could be my true self at work.” Although some of our larger members like AstraZeneca and Mills & Reeve have internal networks, not all firms have these in place or are large enough to be able to facilitate them. For those of you at our smaller member firms, one way to connect with others in the LGBTQ+ community is to join external networks such as the Encompass Network (https://encompassnetwork.org.uk/) or the LGBT+ Cambridge Professional Network on LinkedIn. These networks run events www.cambslawsoc.co.uk | 13
Always look on the bright side of life The beginning I have often been asked, and once upon a time asked myself: do I have what it takes to be a lawyer? A few simple questions provide the essential clues: Do friends seek your advice, are you risk averse,do you keep secrets, do you think in structures - a), b), c), do you think before you leap, do you see both sides of an argument, are you warm and empathetic, able to put yourself in the shoes of others, are a tad too selfcritical and with a dash of fear of failure?
Yes Forty years ago a self-critical, risk averse Simon Davis, fearing failure, walked nervously through the doors of Clifford Turner (now Chance) for my first day as an articled clerk. The firm in those days was a happy blur of typewriters, tippex, telexes and rooms full of proofreaders. In the evenings an elderly Scottish housekeeper called Alex trundled a trolley round the corridors and offered a ”wee dram” to anyone working after dark. 14 | www.cambslawsoc.co.uk
Which was quite often-best illustrated by the Christmas cards I received one year. The first was addressed to the “Pizza lover”, “from all your friends at Pizza Hut”. The second contained a multi-coloured calendar from the staff at the Modern Tandoori-delivery mopeds greeted me as I arrived home late at night. And the third was from the senior partner thanking me for all my efforts.
Plus ça change… The hard graft in my experience has not changed. I do not share the view that so-called Millennials or Generation Z's have a lesser appetite for work (although perhaps less for junk food). They do however quite rightly have less tolerance for some of the drudge work familiar to many lawyers growing up in the eighties and nineties which is now done by machine readers and scanners. And what has certainly not changed is the unpopularity of lawyers from time to time. When standing up for the will of Parliament judges became “the enemy of the people”, when standing up for the rights of the inured lawyers become “ambulance chasers”, when fighting the corner of refugees they are damned as
Simon Davis
“lefty lawyers”, and when questioning the legality of sanctions they are described as “absolutely outrageous”. But our job as lawyers is to keep a strong sense of proportion and perspective and not to overreact and indeed this is one of the reasons why our clients need us. Lawyers are not politicians. We are not part of a popularity contest and do not test our advice or positions with focus groups in advance. And furthermore it is not our job to give clients the advice that they want - it is our job to give clients the advice that they need and sometimes it will absolutely not be the advice that they want to hear. But no client will ever thank you if by giving them the advice they like they get themselves up a deep legal creek without a firm legal paddle. And almost by definition when a lawyer stands up for the rule of law or a person’s rights to property or privacy or personal freedom, they get in the way of someone else’s will and are unpopular with that someone else, whether a private individual or corporate or organ of the State. So we must get used to being unpopular at times with somebody, everybody: clients, the press, politicians,
whoever, whenever, and must not be overly sensitive to criticism, despite that sensitivity being often what makes a fine lawyer in the first place. But at the same time we must not hesitate to stand up for the profession when it is being traduced in a way which undermines the confidence of the public in us and in the rule of law.
Keep perspective It does not however follow in any sense either that the role of a lawyer is an unhappy one. It is a treat to be the person who others turn to in their hour of need, who they rely upon to get them out of trouble not further into it and who they see as a therapist, confessor, problem solver and professional friend. My career as a lawyer would never have happened were it not for listening to a solicitor from Wokingham give a careers talk at school. He was the only one in a series of speakers who laughed, whose eyes danced when he spoke, who did not sound like he was “working” and who was clearly in love with the life he had chosen. Often when solicitors work hard (see above) they are portrayed as “workaholics”. I am not for a moment saying that there are those who work too hard and need to be protected from themselves, or those who are worked too hard and need to be protected from their employers and sometimes even from clients and I am not downplaying the mental health issues which exist in this and other professions. All I am saying is that a client in trouble needs someone who pulls out all the stops and yes sacrifices time which might otherwise be spent with friends or family works late into the night and weekends and cancels holidays. And what I am also saying is that when that time flies by, when eight in the evening feels like five, when the clients‘ business or home or freedom is saved, when they outwit the powerful opposition and when the dark future they thought they were facing turns into sunny uplands
due to your and their combined efforts, these are wonderful times and put all the difficult and unpopular moments into proper perspective. As for standing up for ourselves we must not pretend that we are perfect. There will be those who allow themselves to be taken advantage of by unscrupulous clients and who go too far in their attempt to promote their clients’ interests.
The reality The starting point however of the overwhelming majority of solicitors when they get out of bed in the morning, and what gets them out of bed in the morning, is to do the right thing. When I was Law Society President and able to travel the country in real life and then virtually in Covid, I found solicitors fighting for the rights of those in care homes, those with mental health problems, those facing imprisonment, those trying to move home, or to make valid wills, those trying to escape from a domestic abuser or a miserable marriage and on and on-all represented by solicitors doing the right thing.
our properties and our industries, who choose our laws for their contracts and our courts for their disputes, do not do so because we are havens for money launderers-but because they know that the rule of law in this country is respected, that we have a top quality impartial judiciary and that personal and property rights are upheld and not open to abuse or expropriation by the State. All with barristers and solicitors being at the heart of upholding the rule of law not undermining it. If our government had chosen to break the law in its understandable desire to thwart the vile invasion of Ukraine it would have junked our reputation for upholding the rule of law and threatened our desirability as a country in which to invest and to partner with. They have made themselves unpopular by instead taking the time to act lawfully-but standing up for the rule of law is not always popular… Simon Davis President of the Law Society of England & Wales (2019-20)
The City of London would not be the economic powerhouse it is were it not for solicitors putting together complex often multi-national transactions and deals and making sure that they work legally and practically. Doing the right thing for our economy and clients, domestic and international. The majority of these who invest in our companies, www.cambslawsoc.co.uk | 15
CJLD UPDATE Alexandra Illingworth Vice President of Cambridgeshire Junior Lawyers Division
T
he Cambridgeshire Junior Lawyers Division has been busy already this year, kicking off our packed 2022 events calendar with a virtual cocktail making event hosted by the Little Gin & Rum Company. We had a great time and were taught how to make three
delicious cocktails which will definitely be recreated at home. We also had our first in person committee meeting of 2022 in the Salisbury Arms, complete with honorary sausage dog committee member - who contributed much team spirit, if not
many events ideas. Our next event is Ten Pin bowling in aid of our chosen charity, Cambridge Rape Crisis Centre. As always, we are open to any new members – please email Alexandra.illingworth@mills-reeve.com if you’re interested in joining.
CYPG UPDATE Melissa Barker (nee de Carvalho) PR Manager of Cambridgeshire Young Professionals Division
W
e kicked off the year with our always popular Curry Night at Taj Tandoori on 9 February 2022. It was wonderful to be able to hold face-toface events again and for everyone to interact, meet new people and enjoy themselves without connectivity issues. Our second event was a Comedy Night on 4 March 2022 attending Jesterlarf Comedy Club which was a great laugh. Our Thirsty Thursday events have proven more popular than ever over the last few months as members are keen to get out and about again and integrate into the new ‘normal’. Our Thirsty Thursdays are informal drinks on (usually) the second Thursday of each month. This is another great opportunity for old members and new members to get to know each other and also for non-members to come and see what CYPG is all about. We plan to hold a full calendar this year with fantastic monthly social events, including usual favourites such as Cocktail Making (Friday 25 March
16 | www.cambslawsoc.co.uk
After the uncertainty of the last couple of years it has been wonderful to see so many existing and new members join us for the 2022 membership year. 2022), Picnic and Games, BBQ, Punting, and Wine Tasting amongst others. The CYPG Charity Ball will also be returning on Saturday 3rd September, which we are really excited to be able to do. Membership can still be purchased for the year. Annual membership (January to December 2022) is £55 per person. In order to make the most of your membership, the earlier you sign up the better! Membership offers
Our Thirsty Thursday events have proven more popular than ever over the last few months as members are keen to get out and about again and integrate into the new ‘normal’
a generous discount off the full price of tickets to events and usually only needs attendance at a few events to make worthwhile. You can, of course, attend an event as a non-member and pay the full price if preferred. Please get in touch by email to sign up or for further information using cyspg.org@gmail.com. CYPG events are a fantastic opportunity for like-minded young professionals living and / or working in the Cambridgeshire area to meet each other. Our monthly social gatherings offer you an informal opportunity to network and be introduced to new friends and to catch up with old friends. Our relaxed and fun approach is a big success and reflected in our evergrowing membership numbers. Our members come from all walks of life – doctors, bankers, lawyers, surveyors, teachers, engineers, accountants and IT gurus to name a few. Finally, we don't define "young"... if you're interested in what we have to offer, you're young enough to join! We look forward to seeing you this year.
Legal Excellence Awards 2022 F R I D AY 2 2 N D A P R I L
On Friday 22 April 2022, we will be holding our first in-person Annual Gala Dinner since the pandemic at Kings College, Cambridge. We are very much looking forward to welcoming our members and their guests to celebrate the successes of Cambridgeshire’s legal community and the evening promises to be a fantastic event with Simon Davis, the former President of the Law Society of England and Wales (2019/20), joining us as a guest speaker. We have had some very impressive entries for the 2022 Legal Excellence Awards, which will be announced on the night, and our judging panel has been so spoilt for choice that they have decided not to issue a shortlist this year! We are very lucky to have some extremely generous sponsors of the 2022 Legal Excellence Awards. Here’s a reminder of who they are and the awards which are up for grabs:
AWARD CATEGORIES TEAM AWARDS
SPONSORS FIRM AWARDS
★ INTELLECTUAL PROPERTY/IT TEAM
SPONSORS
★ FIRM OF THE YEAR
★ PRIVATE CLIENT SERVICES ★ IN-HOUSE TEAM
INDIVIDUAL AWARDS
★ BUSINESS LAW TEAM
★ LIFETIME ACHIEVEMENT
★ PROPERTY TEAM
★ RISING STAR (< 10 YEARS PQE)
★ INJURY LITIGATION TEAM
★ TRAINEE LAWYER
★ DISPUTE RESOLUTION TEAM
★ SENIOR LAWYER (> 10 YEARS PQE)
★ EMPLOYMENT TEAM
★ OUTSTANDING SUPPORT STAFF MEMBER
OUR CHARITY
We are continuing to raise money for our chosen charity, LawWorks to assist them with the admirable work they continue to do to connect volunteer lawyers with people in need of legal advice who cannot afford to pay for this themselves. We will be fundraising at the Annual Gala Dinner so please give generously to allow LawWorks to help further access to justice for all. Details of how to support LawWorks can be found here:
www.lawworks.org.uk/solicitors-and-volunteers/get-involved/support-lawworks)?
Geodesys drainage and water report for new build homes The Geodesys NewBuildDW - the first of its kind - provides all the same quality data on water and sewerage connections as the Law Society's official CON29DW report. However, NewBuildDW focuses specifically on the information relevant to new build residential properties and offers conveyancers a lower-priced alternative to the full report. It also includes several pages of extra tips and advice for buyers. Jonny Davey, Product Manager for Geodesys, comments: “We are committed to providing all the information home buyers and their legal advisors may need on a property to avoid any unnecessary future risks and additional costs. “We decided to launch this new product after identifying a gap in the market for a comprehensive report which has been specifically tailored to provide information for new build residential properties. All data used in the report is sourced from Anglian Water, which retains liability for its accuracy.” Making conveyancers’ jobs easier, the new report will provide:
Angle-Double-Right 17 questions including two high quality water and sewerage maps
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Jonny continues: “Produced by industry experts, our streamlined report clearly outlines all the most pertinent information. Some data contained in a full CON29DW is simply not available for new builds, so NewBuildDW allows conveyancers to access the key details at a more competitive price.”
Angle-Double-Right Top tips and advice relevant to buyers of
The NewBuildDW Report is available for £36 (including VAT) in the Anglian Water sewerage area only and for residential properties classed as new build.
Angle-Double-Right £5m professional indemnity insurance
For more information, please visit: www.geodesys.com
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EWI LAUNCH CORE COMPETENCIES FOR EXPERT WITNESSES EWI has launched a core competency framework for Expert Witnesses which sets out the attributes, knowledge, and skills that experts must develop if they wish to act as an Expert Witness. The framework was developed by senior staff, senior members and the Board.
of membership which enable you to consider the appropriate level of membership for which to apply.
It is a useful tool in a number of ways:
Chief Executive Officer, Simon Berney-Edwards, said "Over the last year we have seen the results of Experts acting as Expert Witnesses without fully understanding their duties to the court or having the sufficient training and competencies to act as an Expert Witness. As an Expert Witness, Experts must develop additional knowledge, skills and competencies in order to fulfil their duty to the court. This framework outlines the full set of competencies which must be developed in order to become an Expert Witness."
It outlines the knowledge and skills that are required of Expert Witnesses. It can be used as a self-assessment tool for you to think about your personal and professional development. It can be used for skills analysis, training, and career development plans and enables you to identify Continuing Professional Development opportunities and training needs. It underpins EWI’s levels of membership and the assessment and vetting process for each. If you are not yet a member, it can be used to assess the membership level you should consider. It can be used to assess relevant training courses for Expert Witnesses.
The Core Competency Framework The Core Competencies document has been designed as a practical selfassessment tool.
This means you can carry out selfassessment of your knowledge and skills against all areas. To assist you in doing this, the EWI has developed a set of self-assessment ratings which are included in the tool. These will help you consider your level of knowledge and skills in each area and identify areas that you might want to develop as part of your own Continuing Professional Development. For those considering membership of the EWI, the expected levels for Knowledge and Experience for each competency have been mapped to the different levels 20 | www.cambslawsoc.co.uk
You can download the competency framework from the EWI website at www.ewi.org.uk/corecompetencies USER SIMON BERNEY-EDWARDS
Mr Andrew Wojcik
MD, PhDmed, FRCPS(Glas), FRCS(Eng)
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Protecting Transaction Funds There is no doubt, we are set to live with ongoing impact of COVID 19 for years to come. For the legal industry, the consequences of the pandemic have already reshaped the working environment. Law firms have wisely reevaluated processes and are employing new technologies to digitize workflows and manage remote communication. However, these changes have offered new opportunities for cyber criminals with altered working practices introducing potential vulnerabilities and therefore an increased risk of fraudulent activity.
Criminals have gone online and have become more sophisticated and experienced than ever before, deliberately, and increasingly targeting conveyancing firms due to the regular large sums of money transferred on the completion of property purchases. As a result, since the start of the pandemic, there has been a rapid rise in scam alerts and fraud attempts. For example: in the past year, according to SRA data there has been a 27% increase overall, in scam alerts when comparing 2021 to 2020. In 2021, 91% of all scam alerts relate to some sort of impersonation. Email is a growing risk with 48% of all 2021 alerts related to fraudulent email activity compared with 21% in 2020. The repercussions of cyber fraud can be devastating for the client and law firm, so Lawyer Checker’s goal is to help organisations embed risk and compliance culture within their own practices. We believe firms need to adopt an ethos of awareness across the firm to mitigate the risk of fraud. Staff need to understand the risks and have an insight into what can go wrong, so every day processes can be updated in line with the dramatically increasing threat. 22 | www.cambslawsoc.co.uk
By Emily Haskey, Operations Manager, Lawyer Checker, A Dye & Durham Solution
We know that one of the main risks is criminals impersonating other law firms to obtain monies sent between purchasing and vendor parties. They can easily intercept phone calls, redirect and replace posted communication and hack into emails, with the objective of attempting to divert funds into their own accounts. It’s easy to miss the slight alteration of a single digit in a sender’s email address and suddenly a conveyancer has been supplied with a fraudster’s bank account details instead of the law firm they believed they were working with. Although nothing is 100% guaranteed, defense strategies can be put in place to safeguard every transaction. Lawyer Checker was set up 11 years ago and now employs 28 staff who are experts in cybercrime prevention. Lawyer Checker’s service validates the destination details of the recipient bank account of the solicitor receiving funds for every property transaction quickly and easily. Lawyer Checker is a web-based solution and can be accessed from any location 24/7 at the click of a mouse, supplying an audit trail for law firms as well as ensuring due diligence by adhering to the SRA Code of Conduct for Solicitors (SCCS) 4.2 - to safeguard client money and assets. Lawyer Checker’s unique algorithm checks details against ten different databases in real time. It integrates with SRA scam alerts and safeguards transactions against human error and typos while also providing the most up to date information. All frequent and infrequent results are processed through the latest NatWest tracker to check bank
account details. We have verified over 4000 accounts and reported back on incorrect details. Reports are low cost and can be attributed as a disbursement. Included are two searches: one which is usually completed at the start of the conveyancing process, plus a further check just before the funds are transferred. Lawyer Checker’s unique algorithm ensures there have been no new alerts during the interim. This is key with transaction times now taking longer and ensures the search is fully updated, making it easy and cost effective to mitigate risk of fraud during the transaction. The majority of our search results are returned within five minutes. For those that require further research (because of an infrequent or unknown result), we work to an SLA of four working hours, but these are often returned much faster, generally within the hour. PDF reports can easily be saved to the case file, removing the stress for conveyancers to demonstrate due diligence for auditing purposes. We also offer Consumer Bank Account Checker which, as its name suggests, validates the destination of funds for the sale of a property for customers. Covering most UK bank accounts and powered by Experian, this cost-effective check is another part of law firm’s armour against cyber criminals. Over the last 18 months we’ve seen a steady uplift, and 15 of the top 20 conveyancers are now using us. The question is: can your firm afford not to? www.lawyerchecker.co.uk
Are your money transfers safe? Cyber criminals have conveyancers in their sights, owing to the high value of money involved. We can help. Safeguard against fraud interception when sending money to other conveyancers, and ensure you’re mitigating risk with Lawyer Checker.
To find out how to protect your firm, visit lawyerchecker.co.uk today.
• Established for 11 years • Recognised due diligence • Independent • Historic track record • Over 1m searches • Dedicated team • Two searches in price
EARLY BIRD ENTRY FOR BRITISH WILLS AND PROBATE AWARDS 2022 Entries for The British Wills and Probate Awards 2022 have opened today as excitement starts to build toward the event on 20th October 2022. This year’s event will see headline sponsor Executor Solutions return in a new guise as the re-branded Property Solutions Group. Launched in 2018 to recognise the work of businesses and practitioners up and down the country in the Wills and Probate sector, the awards are now in their fifth year. 2022 sees the ceremony return to the suitably named “Grand Hotel” in Birmingham on 20th October. Following the success of The British Wills and Probate Awards 2021, which saw an audience of c.800 people coming together in-person and online to celebrate, the awards will again be hybrid with an in-person ceremony alongside the live stream available through the awards’ website. Alongside some well-established favourites, 2022 sees the introduction of a range of new categories designed to capture changing work environments, new technologies and innovation, and industry collaboration. New categories include recognising excellence and best practice in charity and probate collaboration and celebrating the work being done to improve employee experience and customer experience as the sector continues to get to grips with the challenges of working in the “new normal”. The full list of categories is below, or CLICK HERE to visit www.britishwillsandprobateawards.co.uk
A new judging system has been adopted to make the entry and submissions process easier and early bird entry (firms can enter up to 3 x categories) is now available at a rate of £129.00 +VAT, available until Friday 24th June 2022. CLICK HERE TO ENTER https://www.britishwillsandprobateawards.co.uk/how-toenter-2022/ or CLICK HERE to see highlights of the 2021 ceremony: https://youtu.be/rMh9K0p5Ovw
BRITISH WILLS AND PROBATE AWARDS 2022 CATEGORIES ● B est ● ● ●
2022 will see the return of The Today’s Wills and Probate Industry Champion, a category nominated and voted for by the industry. 2021 crowned inaugural winner Michael Culver after an extensive nominations process. Nominations this year will open in July.
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Discussing the return of the awards, Managing Director at Today’s Media, publishers of Today’s Wills and Probate, David Opie said:
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“After the successful return of the in-person ceremony last year, 2022 promises to be even bigger and better.
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The grandeur of the venue really typifies what The British Wills and Probate Awards is all about and we look forward to celebrating with our friends and supporters from around the industry.”
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On returning as headline sponsor, Group Managing Director of Property Solutions Group Barry Mattock commented: “We are delighted to be returning as the headline sponsor of the Oscars of the Wills and Probate industry! We cannot wait to celebrate with you all again and shine a spotlight on so many incredible individuals and firms across the sector.” 24 | www.cambslawsoc.co.uk
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Contentious Wills & Probate Team P robate Provider of the Year (Regional) – North & Midlands Probate Provider of the Year (Regional) – South C harity Legacy Probate Collaboration of the Year B est Use of Technology B est Use of Marketing & Social Media C ommunity & Charity Champions I nnovation & Transformation of the Year Solicitor Firm of the Year (National) S olicitor Firm of the Year (Regional) – North S olicitor Firm of the Year (Regional) – Midlands S olicitor Firm of the Year (Regional) – South P robate Research Firm of the Year P rivate Client Team of the Year Court of Protection Team of the Year Y oung Practitioner of the Year W ill Writing Sole Practitioner of the Year W ill Writing Firm of the Year (Regional) – North & Midlands W ill Writing Firm of the Year (Regional) – South Will Writing Firm of the Year (National) Th e Today’s Wills & Probate Industry Champion * NEW* Estate Planning Consultant of the Year *NEW* Legal Supplier of the Year * NEW* Outstanding Employee Experience * NEW* Customer Service Champion
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FINGERPRINT ANALYSIS Peter M Swann FAE FFS MCSFS Independent Consultant to the Legal Profession Established 1987
A former Home office Adviser witH considerAble experience in All Aspects of fingerprint work An Accredited Expert and Fellow of the Academy of Experts, a Fellow of the Fingerprint Society, A Member of the International Association for Identification and Member of its European Division, a Member of the Chartered Society of Forensic Sciences and listed in the UK Register of Expert Witnesses. The Consultant now provides a full independent fingerprint service to the legal profession, industry and other agencies. ExAMINATIoN DEvELoPMENT
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www.cambslawsoc.co.uk | 25
22% OF WILLS WRITTEN THROUGH LEGAL ADVISERS INCLUDE A CHARITABLE BEQUEST Rob Cope Director, Remmeber a Charity
01 APRIL 2022: New figures released today show that solicitors and Will-writers are playing an increasingly important role in charitable Will-writing, with more than 1 in 5 Wills handled by UK legal advisers (22%) now including a donation to charity. The Savanta Will-writing survey*, commissioned by Remember A Charity, reveals that 7 in 10 solicitors and Willwriters (71%) always or sometimes alert clients to the Inheritance Tax benefits of leaving a gift in their Will, up from 6 in 10 (61%) in 2013. The survey also shows that the large majority of advisers (86%) proactively raise the topic of charitable bequests with their Will-writing clients, making them aware of the option to donate. Often, the charitable option is included in their routine client questions or forms. And yet, 1 in 8 advisers (12%) say they never raise the issue. Gifts in Wills are the largest single source of voluntary income for charities in the UK, raising £3.4 billion** for 26 | www.cambslawsoc.co.uk
good causes annually and funding vital charitable services. Generous tax reliefs make gifts in Wills one of the most efficient ways of donating. In the UK, charitable bequests are exempt from the 40% Inheritance Tax and, when clients donate 10% or more of the value of their estate, the IHT rate on the remaining inheritance reduces to 36%. Rob Cope, director of Remember A Charity – a consortium of 200 UK charities, says: “There’s so much to think about when writing a Will, particularly when it comes to taking care of family, friends and all those we leave behind, so a charitable donation is easily forgotten. But people in the UK are often deeply charitable, finding it both empowering and a great comfort to remember good causes by leaving a gift in their Will. “Legal advisers are hugely important in this space. Even the simplest of references to the option of making a charitable bequest can double the chances that a client will do so, raising vital funding for good causes, while helping them feel fulfilled that all those things they care about are covered in their Will.”
This news follows a parallel consumer study from the charity consortium, which found that public appetite for legacy giving has reached record levels, with almost 3 in 10 UK donors aged 40+ (29%) saying they had already written a gift in their Will or were preparing to do so. The same study found that the majority (60%) of charitable donors have used or would use a legal professional to set out their final wishes. Remember A Charity is working to normalise charitable Will-writing across the UK by raising awareness of legacy giving among legal professionals and the public. The campaign encourages advisers to make clients aware of the opportunity of leaving a small donation in their Will, alongside their gifts for family and friends. Through its free Campaign Supporter scheme for solicitors and Will-writers, the consortium offers promotional resources and useful guidance for referencing gifts in Wills with clients.
Find out more at: www.rememberacharity.org.uk/solicitor
HOME CARE IN THE UK
Angela Gifford, CEO since 1980 Home Care in the UK – will talk of a career path encourage more people to work in the Care Sector? A point of view from a Home Care Provider since 1980 One definition of a career path is: a sequence or series of job positions which lead on to short term or longterm professional goals. Career path sounds attractive, but in the home care sector, the vast number of people working in this area of care support are care workers who daily turn up at an individual’s front door to provide care support from a 15-minute visit to covering 24/7. The real engine of any care system. There is little scope for a career path in the care sector. There are approximately 950,000 care workers in England so very few are going to make senior professional positions. Some may go onto other related professions such as nursing, but they are a tiny minority.
It is my view therefore that trying to encourage people into this sector can only come from one direction and that is having levels of care that have related, skill set, remuneration.
a care worker to choose to remain at the support level they feel happier with or to progress to the next stages knowing the difference in skills needed would be compensated with a higher wage.
1 There should be domestic task care workers, offering support that enables people to stay in their own home such as shopping, cleaning, making meals, laundry, being outside the door when someone has a shower, etc.
Daily the number of care workers is reducing. The sector needs a major shakeup and now is the time to do it.
2 A second level would provide assistance with personal care, helping to shower a person, supporting continence needs, mobility support, medication assistance, helping to feed a person, etc.
Angela Gifford Owner of Able Community Care Ltd.
www.ablecommunitycare.com
3 The third level is for more complex care, the level before the support needs to become a nursing or mental health nursing need. Few would recognise this as a career path, but such a system would enable www.cambslawsoc.co.uk | 27
Not all views are safe. Our reports educate property buyers about development risk.
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Probate Genealogy – Specialist Help for Probate Practitioners Joe Lander Anglia Research
Probate Genealogy – also known as ‘Heir Hunting’- is a crucial part of the legal sector, helping probate professionals with their workload on a daily basis. The core service offerings are locating difficult to find beneficiaries named in wills and establishing and finding the relevant next of kin in intestacy cases.
W
ith recent analysis showing that up to two in three deaths in the UK last year was intestate, the work carried out checking family trees and verifying entitled beneficiaries by probate genealogists can save lawyers and probate professionals a huge amount of time. This work can also help ensure the accurate distribution of estates too. You might think that in this everconnected world that we live in, finding beneficiaries would be relatively straight forward, yet this is frequently not the case. On a general level, people forget to update their contact details when they move residence or can drop off electoral rolls and other government databases. In some instances, individuals simply don’t want to be found easily for whatever reason. Whilst the importance of probate genealogy firms is ever increasing, it surprises many to learn that it is an unregulated industry, with no set entry requirements. Ever since the Heir Hunters TV series sensationalised the sector, there has been a small boom in the number of firms and individuals offering the service – often with little to no experience.
30 | www.cambslawsoc.co.uk
Therefore, reputation and professionalism are key, and most firms (though not all) have suitably qualified staff undertaking the research work. East Anglia-based firm Anglia Research employ more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research company.
Protection practitioners, and providing missing beneficiary insurance quotations.
Accreditations can also help indicate if a firm follows industry or best practice recommendations. Both firm and individual accreditations should come from professional bodies, with recognised staff qualifications via exam boards such as CILEx. Firms can become corporate members of industry organisations such as the Association of Probate Researchers.
Joe Lander heads up the business development function at Anglia Research, who are based in Ipswich, Suffolk. For further information or advice please send your query to legal@angliaresearch.co.uk
Transparency and ethical practice should be key in the probate genealogy industry. Working with a reputable firm with a long-established track record should ensure that future risks are fully mitigated. In addition, it’s not just people tracing where probate genealogists can help; they can also assist with financial asset and global bankruptcy searches, statutory will research for Court of
So next time you are faced with a not-so-straight forward probate case, don’t be afraid to instruct a reputable probate genealogy firm to carry out the heavy lifting for you.
FRP Forensic and Expert Witness Services – Norwich/Cambridge team
Real expertise. Real results.
Our forensic services expertise in East Anglia incorporates share valuations, matrimonial valuations, commercial disputes, shareholder disputes, fraud investigation, professional negligence and expert tax opinion. Whatever the nature of the case, we ensure our opinions clearly reflect our expertise and are relevant, understandable, credible, informed and cost effective. In 2021, our key statistics for the local team were:
71
35
2
10
New instructions
Engagements as single joint expert
Partners
Specialist team members
106
20+
3
260
New instructions
Different business sectors in valuation
New team members appointed
Lawyers attended our four webinars
Getting in touch: FIONA HOTSTON MOORE is a partner of FRP’s Forensic Services practice. Fiona specialises in share and business valuation cases and has experience in the Family Court as well as commercial dispute, tax disputes and professional negligence matters including giving evidence in the High Court and Tax Tribunal. She has been instructed as an expert in approximately 300 cases in her career to date. In addition to her valuation expertise, Fiona is also often instructed to provide expert opinion on a range of matters including tax disputes (including EBTs, film schemes, entrepreneurs’ relief and Generally Accepted Accounting Practice), officer and employee fraud, auditor and tax adviser professional negligence claims, shareholder disputes, agency disputes and insurance claims.
Professional qualifications Fellow of the Institute of Chartered Accountants (FCA) Chartered Tax Adviser (CTA) Member of the Academy of Experts (MAE) Accredited Counter Fraud Specialist (ACFS)
+44(0)7770 642491 Fiona.hotstonmoore@frpadvisory.com
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