CAMBRIDGESHIRE LAWYER Stronger Together, Better Connected
Issue 102 Winter 2023
The Cambridgeshire Law Society Newsletter
Announcing ...
CAMBRIDGESHIRE LAW SOCIETY
LEGAL EXCELLENCE AWARDS 2024 INDIVIDUAL AWARDS
TEAM AWARDS
★ TRAINEE OF THE YEAR ★ RISING STAR ( <10PQE ) ★ SENIOR LAWYER ( >10PQE ) ★ OUTSTANDING SUPPORT
★ PROPERTY LAW TEAM ★ BUSINESS LAW TEAM
STAFF MEMBER
★ LIFETIME ACHIEVEMENT
★ PRIVATE CLIENT SERVICES TEAM ★ IN - HOUSE TEAM ★ LITIGATION TEAM ★ INTELLECTUAL PROPERTY/ IT LAW TEAM
★ EDI INITIATIVE TEAM
FIRM AWARDS
★ FIRM OF THE YEAR
Details on pages 16 - 17 Cambridgeshire Law Society, c/o Chequers House, 77-81 Newmarket Road, Cambridge CB5 8EU. Telephone: 07846 093035 Email us: admin@cambslaw.com Tweet us: @cambslaw Join our LinkedIn group Cambridgeshire Law Society Facebook @cambslawsoc | Instagram @ cambslawsoc www.cambslawsoc.org.uk
CAMBRIDGESHIRE LAWYER
CONTENTS
The Cambridgeshire Law Society Newsletter
5 President’s Page
15 CJLD Update
5 Information & Events
15 CYPG Update
6 Public Affairs Update: The Law Society of England & Wales
16 Legal Excellence Awards 2024
8 The View From Chancery Lane
20 Relationships remain key in the age of technology
9 Diversity Matters - Breaking the Class Ceiling
22 Civil Procedure Rules Committee offer clarification on Expert Evidence
10 King’s Speech 2023 11 Deals of the Quarter
24 My top tips for instructing solicitors when considering engaging an accounting expert witness
12 Movers and Shakers
26 Record breaking year for charity legacy income
13 Common pitfalls in intellectual property ownership
30 The importance of Family Tree Verification: Safeguarding distribution of estates
14 What I have learnt so far…
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www.cambslawsoc.co.uk | 3
Announcing the 2024 Legal Excellence Awards Sponsors P L AT I N U M S P O N S O R
SPONSORS
Sincere thanks to our generous sponsors
PRESIDENT’S PAGE Michael Frape President, Chairman Ashtons Legal LLP
D
ear Valued Member.
At Christmas, our thoughts turn to our family and friends. We also look back at what we have achieved over the year gone by and look forward to the opportunities which lie ahead. Building successful careers requires talent, dedication and a lot of hard work. Our members’ successes and achievements are hard won and fully deserved.
As a legal profession we are obliged to uphold the rule of law. We do that largely by serving our clients within the legal framework. But should we not also seek to engage with that obligation in the wider sense of the concept. The rule of law implies an interest in a fairer and more just society. Whether we respond to that is of course a personal choice.
I hope we also spare some thought for those less blessed than we are. Our society does produce unfairness and injustices. Even if the legal system goes some ways to right those wrongs, it is not always successful in doing so. In any event, access to justice is much diminished than it was 10 years ago.
All at CLS wish our members and their families a restful and joyous Christmas and a prosperous and successful new year. Michael
INFORMATION & EVENTS OFFICERS
President Michael Frape Ashtons Legal Vice-President James Allen Birketts Honorary Secretary Tom Fairley, Arm Treasurer Gary Hanson
COMMITTEE MEMBERS Barristers Rep Joshua Walters Fenners Chambers Corporate Partnerships Officer John Wright Woodfines Corporate Sponsorship Officer Fiona McLeman FM Family Law Equality, Diversity & Inclusion Officer Scott Smith Howes Percival International Relations Officer Melissa Barker Birketts In House Lawyers Rep Anna Mortenson Nichino Europe Junior Lawyers Division Representative Jonathan Dattani Ashtons Legal LEA Officer Raina Victor Endomag L&D Officer Chris Hoole Appleyard Lees Parliamentary Liaison Officer Chris Thomas Appleyard Lees Patent Attorneys Rep Anwar Gilani Venner Shipley Peterborough Rep Umrah Buckley BSH Home Appliances
PR & Social Media Officer Josie Beal Birketts Publications Editor Kate Harris Birketts Social Events Officer Joanna Cotgrove Ashtons Legal Sole Practitioners and Small Firms Rep Sophie Scotcher Myers Law Website Officer Charlotte Vallins Ashtons Legal Administrator Penelope Harrington
MEETINGS 2024
Wednesday 10th January Management Board Committee On Zoom 5.30pm Wednesday 27th March Main Committee On Zoom 5.30pm
WEBINARS 2024
Tuesday 30th January Tips, Tricks and Cost Efficiencies - The Paradox of E-Discovery On Zoom 12.30pm
EVENTS 2024
Friday 19th April Legal Excellence Awards 2024 King’s College, King’s Parade, Cambridge, CB2 1ST Drinks reception from 6.30pm Wednesday 10th July Garden Party Trinity Hall, Trinity Lane, Cambridge, CB2 1TJ 6.00-8.30pm
www.cambslawsoc.co.uk | 5
PUBLIC AFFAIRS UPDATE: THE LAW SOCIETY OF ENGLAND AND WALES Joe Ferreira Head of Public Affairs and Campaigns the Law Society of England and Wales
The King’s Speech
King Charles III officially opened a new session of Parliament with the delivery of the King’s Speech on 7 November 2023. The King set out the government’s legislative agenda for the final session before the next general election. The speech, drafted by the government, unveiled a total of 21 Bills, 6 of which were carried over from the previous session of Parliament. The full speech and government briefing can be found here. Prior to the speech it had been speculated that crime and justice would play a leading role in the government’s plans- which proved correct. The King spoke about “safeguarding the health and security of the British people” and that the Government would legislate for tougher sentences and greater police power. Several Bills were announced in this area including the Criminal Justice Bill, which will cover a wide range of measures from compelling defendants to attend court hearings to strengthening criminal action against the sharing of intimate images; the Sentencing Bill, which will legislate tougher centres for those committing the most heinous of crimes and ensure those convicted remain in custody for the entire duration of their sentence; and the Investigatory Powers (Amendment) Bill which will look to amend powers in the previous Bill around things like end-to-end encryption. The Law Society welcomes the return of the Victims and Prisoners Bill, especially measures to provide an Independent Advocate for victims following major incidents, and to enhance victims’ access to justice by putting the Victims’ Code on a statutory footing. However, proposed changes within this Bill to the Parole Board are likely to add complexity and delay to its decisions, while provisions to give the Secretary of State powers to usurp its decision-making will override the common law principle that decisions about liberty are for the judiciary. Those Bills of relevance to the Law Society and our members that fall 6 | www.cambslawsoc.co.uk
The Law Society’s public affairs and campaigns team is at the heart of our work influencing the government, parliament, and key stakeholders in the UK. We are pleased to provide the following update on the latest developments. outside the realm of crime and justice include the Leasehold and Freehold Bill and the Renters (Reform) Bill. On the former, the Law Society broadly supports efforts to reform leasehold conditions and ensure fairness in the housing market. Primary concerns surround the conditions under which a leasehold can occur, redress for leaseholders and transparency in listing. For the latter, again, the Law Society broadly supports the ambitions of the Bill to reform the rental market, however, without investment in housing legal aid and the courts, the Bill will not achieve its aims and may lead to an increase in backlogs. This would leave landlords and tenants alike unable to enforce their legal rights.
Party Conferences
The Law Society has a full programme at each major party conference. Our presence at the party conferences provides the opportunity to meet, engage, build new working relationships, and reinforce those longstanding relationships with politicians from each party. At the Liberal Democrat Party conference our focus was on meeting MPs and prospective parliamentary candidates (PPCs) to hear their priorities for the upcoming manifesto and general election. We held a fringe event focused on ‘Law and liberalism: finding Britain’s place in the world’ where Richard Atkinson, our then deputy vice president, was joined by the Liberal Democrat Justice spokesperson Lord Marks KC and former MEP Irina Von Wiese. Interesting conversations were had with MPs and PPCs on the need for the justice sector to prioritise asks around civil and criminal legal aid. We then attended the Conservative Party’s conference, at which the centrepiece of our programme was our fringe event held in collaboration with the Society of Conservative Lawyers and the Bar Council which featured the Lord Chancellor, Alex Chalk, the Chair of the Justice Select Committee, Sir Bob Neill, and our immediate past president, Lubna Shuja. Lubna spoke out against
the attacks on lawyers from ministers, including the prime minister himself, and said that all lawyers should be able to represent their client without undue pressure from the state. She also spoke about the need for sustainable legal aid, and how the problem of legal aid deserts is starker than ever. Lastly, we attended the Labour conference and hosted a busy programme of stakeholder events and meetings with Labour shadow ministers and stakeholders. Our main fringe saw our then vice president, now president, Nick Emmerson speak at a packed panel event discussing Labour’s vision for justice alongside the Shadow Lord Chancellor, Shabana Mahmood and Shadow Attorney General, Emily Thornberry. Emmerson outlined the need for investment in civil and criminal legal aid while calling on the sector, politicians, and individuals to engage with our recent paper putting forward proposals to reform civil justice. We also organised a roundtable that brought together members with the Shadow Economic Secretary to the Treasury, Tulip Siddiq MP. This focused on the vital role law firms play in the UK economy, how our leading role as a global legal centre can be maintained and what Labour’s vision for professional services looks like.
Autumn Statement
The Autumn Statement is due on 22 November which is one of the final opportunities for the Chancellor of the Exchequer’s to set out the government’s fiscal plans prior to the next General Election. The Law Society have submitted representations which have laid out the value and power of legal services and the need for the government to invest in the legal profession to unleash the power of legal services to boost the UK economy. Legal Services are worth £60 billion annually to the UK economy, with a strong legal services sector underpinning a strong economy across the board. The package of reforms we are calling for are designed to build on the existing economic strengths of our profession
while unleashing the latent productivity and economic potential of the sizeable SME segment of the legal services sector, all at minimal cost to the government. By implementing the changes and policies outlined in our submission, legal services, from the high street legal practice to the global law firm, can rapidly be unleashed to help drive innovation and widespread economic growth across all our communities.
Immigration – Illegal Migration Act In the summer the Illegal Migration Act received royal assent and is now law. Throughout its parliamentary journey, we have spoken out against the bill’s unworkability, and its incompatibility with our international obligations. Through our campaigning we managed to achieve the inclusion of legal aid provisions that ensure the provision of civil legal aid services for those in receipt of a removal notice. The bill originally made no mention of legal aid. Following our campaigning on legal aid, the Government will open a consultation into immigration legal aid fees. On 15 November, the Supreme Court ruled the government’s policy to deport asylum seekers to Rwanda is unlawful, backing the Court of Appeal’s judgment. Prime Minister Rishi Sunak
has said he will introduce emergency legislation on the Rwanda asylum plan. We shall be monitoring the situation as it develops and will, where needed, speak in support of our members in the immigration asylum sector should they face undue criticism for the work they do on behalf of their clients.
Criminal Legal Aid
justice system, providing evidence on the decline of criminal duty solicitors and projections that show the widescale collapse of duty solicitor schemes across England and Wales is ever more likely.
21st Century Justice Project
The Law Society applied for permission to bring a judicial review challenge against the government over criminal legal aid funding following their decision not to increase criminal defence solicitors’ legal aid rates by the recommended minimum 15%. We believe the government’s decision not to implement the key recommendations of the Bellamy review is irrational, lacking reasons, and is in breach of the constitutional right of access to justice. The High Court has granted permission on all three grounds. Hearing dates have been set for mid-December 2023 and a judgement is likely to occur in the early New Year. It is our hope that the decision will be ruled unlawful and force the Ministry of Justice to revisit their decision and uplift fees in a more sustainable and appropriate manner. We have continued to campaign on the sustainability of the criminal
In March 2023, we kicked off a threeyear project to look at the problems facing justice in England and Wales and explore practical changes to make sure the system works effectively, now and in the future. We’ve engaged with experts in the field, members of the public, small business representatives and consumer groups to think about what they want and need from our justice system. We have now developed fresh ideas for practical, affordable changes to our civil justice system that could save the system £72million over a fiveyear period. On 9 October, we published the 21st Century Justice Project Green Paper, 'Proposals for a 21st Century Justice system' and are seeking wider feedback on the questions raised within the paper to assist us to refine our proposals in advance of producing a White Paper in Spring 2024. Responses to those questions of most relevance to you can be submitted to campaigns@lawsociety. org.uk by Friday 5 January 2024.
Registered charity number: Royal Navy & Royal Marines Children’s Fund 1160182
Remember a loved one with a special gift. Leaving a gift in memory of a friend or a loved one is a wonderful way to remember them. Your gift will help ensure Naval children can get the help and support they need. The Naval Children’s Charity support children whose parent serve or have served in the Royal Navy. We help children with a wide range of needs, especially at times of family crisis. Many of our children and young people are impacted by the service of their parent in the Royal Navy and we provide that helping hand to ensure that their wellbeing, health, security, education and life chances are supported. Asking friends or family to make a donation to the Naval Children’s Charity instead of flowers can be a fitting way to celebrate your loved one’s life. Thank you. Naval Childrens Charity, 311 Twyford Avenue, Stamshaw, Portsmouth, PO2 8RN
www.navalchildrenscharity.org.uk
023 9263 9534
caseworkers@navalchildrenscharity.org.uk
www.cambslawsoc.co.uk | 7
THE VIEW FROM CHANCERY LANE Michael Frape
Law Society Council Member for Cambridgeshire and Peterborough, Chairman Ashton Legal LLP
I
n October the Law Society published a ‘green paper’ which seeks to address the many challenges facing the civil justice system in the 21st century not least ‘unmet legal need’. The proposals particularly focus on individuals on low incomes and small businesses, which often find legal advice unaffordable. The key proposals are as follows: an online diagnostic tool to assist a user identify the most appropriate dispute resolution process; improvements to outof-court dispute resolution processes; improvements to digital justice portals to make them more effective; options to make legal costs more affordable especially by the promotion of legal expenses insurance; and reforms to the civil legal aid including changes to the Legal Aid Agency. Although these are welcome proposals, I am doubtful whether the government will adopt them wholesale and even if they did, would they really make a stepchange in the civil justice system? I doubt it. They are probably what is needed just to keep up with the pace of legal change. Without increased funding of the justice system and the legal aid budget, I believe that the vast majority will continue find it extremely difficult to enforce their legal rights or defend themselves effectively via the civil justice system.
Axiom Ince
The collapse of Axiom Ince has led to an avalanche of claims on the Compensation Fund of up to £33m. Given that the Fund has reserves of £30m, its solvency has been in question and the SRA has considered (but rejected) making an unprecedented mid-year call on the profession to bolster the Fund’s resources. There can no doubt however that there will be a large increase in the annual levy. The Law Society is an important stakeholder and is seeking to influence the SRA’s decisions on behalf of the profession in particular that the profession is properly consulted about their approach. 8 | www.cambslawsoc.co.uk
The Law Society’s Proposals for a 21st Century Justice System.
CILEX
The SRA is consulting the profession about the proposal that the SRA take over the regulatory of Legal Executives, which is currently undertaken by CILEX Regulation Limited. The Law Society has responded to the consultation. This is a big deal for the solicitors’ profession. There are about 20,000 Legal Executives and there are understandable misgivings about the solicitors’ regulator regulating non-solicitors. The reforms proposed by CILEX Regulation Limited would include the adoption of the title ‘chartered lawyer’ and also chartering para-legals. What is a ‘chartered lawyer’ and would it undermine the ‘solicitor’ brand? Why does a para-legal need to be chartered? Will a chartered para-legal be able to call themselves a ‘chartered lawyer’ in due course? At its heart there is the divisive question of whether a solicitor is a superior type of lawyer to a Legal Executive? Quite a politically charged issue.
SLAPPs
As any solicitor who works in the world of litigation will tell you, the scales of justice are stacked heavily and unfairly in favour of the party who has the deepest pockets. SLAPPs (‘Strategic Lawsuits Against Public Participation’) are a very extreme example of this injustice. If you are, for an example, an oligarch or similar, the favourable English defamation laws are readily available to assist you in shutting down any justified criticism. And SLAPPs are on the rise
Although these are welcome proposals, I am doubtful whether the government will adopt them wholesale...
with 14 under way in the English courts in 2021. To its credit, the UK Government is working with European partners on reforms, which will seek to curtail this is injustice. The Law Society is contributing to the process.
Generative AI
The potential of generative AI to improve lives and businesses is almost beyond comprehension. But equally many informed commentators have predicted that this technological development mark beginning of the end of humankind. There are obvious implications for the legal profession given the ability of the technology to achieve huge efficiency gains by automating and streamlining processes where currently there is significant human input. The rise of Generative AI and its adoption by law firms will cause significant risks and ethical considerations leaving aside the extent to which some roles will be rendered redundant and the concomitant development of new roles. Law firms will have a significant challenge in developing new roles and re-skilling sections of their workforce. The Law Society is engaging with the large number of issues and considering how best to support the profession as we enter into a period of significant change
The Reith Lectures 2023
Professor Ben Ansell is delivering this year’s series of lectures entitled ‘Our Democratic Future’ (BBC iPlayer). There is plenty of interest here on the rule of law, which is one of the pillars of our democracy. That reminded me of Professor Niall Ferguson’s lectures for the 2012 series, which were entitled ‘The Rule of Law and its Enemies’. He argued, inter alia, that the rule of law was critical to the success of the Western capitalist economy, which increased living standards exponentially. A reminder of the importance the legal profession to economic success.
DIVERSITY MATTERS – BREAKING THE CLASS CEILING Scott Smith EDI Officer Senior Associate, Howes Percival LLP
R
ecent research by LSE indicates that only around 10-15% of those working in law come from lower socioeconomic backgrounds (that's households where the main breadwinner worked in occupations like being a waiter, bus driver, retail assistant or care worker), and that you are 17 times more likely to become a lawyer if you have a parent working in the profession. I was lucky enough to attend a talk from one of the professors behind this research recently which delved a little deeper into these findings and considered the reasons behind such stark statistics. Whilst education, experience and aptitude might go some way to explain why children of financially successful parents are more likely to work in professions like law, the research shows that this is only part of the picture. The so called “Bank of Mum and Dad” provides not only financial support for those starting out in the profession, it also provides a less obvious safety net; a young person from a wealthy family can comfortably move to a large city like London with no salary and seek out opportunities without worrying about where next months’ rent is coming from, and can also take bigger risks with less fear of failure which might be needed to secure very sought after positions. The researchers also talk of the unwritten rules that govern elite environments like private school common rooms, competitive professional workplaces and boardroom tables. These social codes are often hard to pin down and can be subtle but contribute towards those from lower socio-economic
backgrounds feeling out of place or unsure of how to act. One example cited in their research comes from the interviews they conducted with a large media company where time and again employees at all levels would mention the nuances of trainer etiquette despite a relaxed dress code; it was seen as important to appear “cool” and “edgy” but still slightly professional and certain brands or styles were favoured over others. This detail wasn’t enshrined in any policy, and yet it had somehow formed part of the image of what a successful member of staff looked like. This research is a fascinating insight into how modern day Britain is still affected by a class system it has long tried to leave behind with the Government ever more focussed on “levelling up” the UK, but what is perhaps more interesting is how these statistics play into the lived experience of that bottom 10-15%. As someone who fits that category, many of the insights from the research struck a chord with me. Back when I first entered the profession, I remember buying a suit from Primark to attend a training contract interview and feeling like I’d walked into a whole other world. As a trainee attending my first black tie dinner, I watched nervously which fork my colleagues picked up when the starters arrived, being utterly bewildered why there was quite so much cutlery on the table. As a junior lawyer, I remember going to a
networking event with other young professionals and standing silently as the conversation moved from private school connections, to ski season shenanigans to father's businesses and having nothing to add on any topic. Until recently I’d not really considered the impact of all these experiences over time I’ve learned all the unwritten rules of the legal profession (I now know which fork to pick up first!) but I’ve no doubt that learning all this on the job left me entering the profession on the back foot. It’s taken me years to build up the confidence that comes with being comfortable in an environment, and yet those from higher socio-economic backgrounds would have likely entered that same training contract interview armed with it already. Changing the tide on social mobility isn’t easy, but research like this is a good place to start; measuring, monitoring and publishing social mobility provides vital information about the status quo as well as making firms accountable for it. This data can be used to drill into the detail of which barriers affect your firm the most and target your action plan where it will have most impact. Next steps should carefully consider how firms choose vacation scheme participants, trainees and promotions – are these processes formalised and based on merit, or can the daughter of your best client walk in without an interview, for example! If you’re interested in reading more about this research, Sam Friedman and Daniel Laurison’s book “The Class Ceiling: Why it Pays to be Privileged” can be ordered online. www.cambslawsoc.co.uk | 9
KING’S SPEECH 2023 Chris Thomas Parliamentary Liaison Officer, Trade Mark Attorney & IP Solicitor Appleyard Lees IP LLP
PROPERTY
Leasehold and Freehold Bill l Increasing standard lease extension terms from 90 to 990 years with ground rent reduced to zero l Making it cheaper and easier to buy freeholds by setting a maximum time and fee for the provision of information required to make a sale l Removing requirement for leasehold to have owned a house or flat for two years before benefiting from changes l Increasing 25% non-residential limit preventing leaseholders in mixed use buildings from buying freehold/taking over management to 50% l Banning creation of new leasehold houses l Requiring transparency over service charge costs l Replacing building insurance commissions l Extending access to redress schemes l Scrapping presumption of leaseholders to pay freeholders’ legal costs when challenging poor practice l Granting freehold homeowners on private and mixed tenure estates the same rights of redress as leaseholders in relation to estate charges l Ensuring freeholders and developers are unable to escape liability to fund building remediation work under Building Safety Act 2022 Renters (Reform) Bill (carried forward) l Abolishing no fault evictions (s 21 notices) l Adding new mandatory grounds for possession including if landlord wishes to sell property or repeated rent arrears. Two weeks’ notice if tenant damages property l Stronger powers to evict anti-social tenants l Ending blanket bans on pets l Ending blanket bans on tenants on benefits or with children l Digital Private Rented Property Portal to bring together information for landlords and tenants l New Private Rented Sector Ombudsman to be set up l New digital system for possession claims l Not taking forward Energy Performance Certificates from 2025 Animal Welfare (Livestock Exports) Bill
l Banning live export of animals
10 | www.cambslawsoc.co.uk
A brief summary of the King’s Speech, setting out the Government’s principal legislative proposals for this year is included below. A further update will be sent out to CLS members shortly. If you would like to provide feedback to the National Law Society Public Affairs Campaign Team in relation to any proposed areas for reform, please do not hesitate to contact the CLS Committee.
LITIGATION
Arbitration Bill l Empowers arbitrators to expedite decisions on matters with no prospects of success l New statutory duty on arbitrator to disclose matters relevant to impartiality l Extending arbitrator immunity for liability for resignations / removal except in cases of unreasonable conduct/ bad faith l Clarifying choice of law – legal location chosen unless expressly agreed otherwise l Simplifying law for challenging arbitral awards by excluding new evidence/arguments l Empowering court to make orders supporting emergency arbitrators l Court to make orders in support of arbitral proceedings against third parties
DIGITAL AND MEDIA
Media Bill l Will repeal section 40 Crime and Courts Act 2013 which could force publishers to pay legal costs of people who sue them, if not a member of an approved regulator Digital Markets, Competition and Consumers Bill l Establishes new rights for consumers in subscription contracts l Grant new powers to tackle fake reviews and drip pricing l New powers for Competition and Markets Authority, including to designate the most powerful digital firms with strategic market status Data Protection and Digital Information Bill l Will allow businesses to protect personal data in more proportionate ways l Clarifying rules around personal data for scientific research l Establishing framework for secure digital verification services l Strengthening ICO powers
TRANSPORT
Draft Rail Reform Bill l New public rail body, Great British Railways to take over franchising and operational/ infrastructure decisions
l Rollout of Pay as You Go and single
leg pricing
Automated Vehicles Bill
l Will set legal threshold for self-driving
and hold companies accountable for breaching requirements l Traffic Regulation Orders (including speed limits) to be digitalised to a central publication platform Pedicabs London (Bill)
l Introducing licensing regime of
pedicabs
REGULATORY
Terrorism (Protection of Premises) Bill Will require venues to carry out steps to mitigate impact of terrorist attack, enhanced obligations for 800+ venues and standard obligations for venues with 100-799+ capacity. Enhanced duties require organisers to: l Notifying a regulator of an event; l Take reasonably practicable measures to reduce the risk of a terrorist attack l Maintain a security document l Appoint a designated individual in the case of a company Tobacco and Vapes Bill
l Children born on or after 1 January
2009 not able to legally buy cigarettes
l Crackdown on youth vaping
Football Governance Bill
l New independent regulator for
English football clubs to address financial sustainability. All clubs in top five tiers will need licence to operate. l New strengthened owners and directors’ tests l Setting a minimum standard of fan engagement by requiring majority fan support to change club badge/colours
CRIME
Sentencing Bill l Presumption of suspended sentences for custodial sentences of twelve months or fewer, unless significant public risk l Mandated Whole Life Order sentences for cases in which Whole Life Order is current starting point and for murder with sexual/sadistic conduct l Ensure rapists serve every day of term behind bars l Extension of home detention curfew
Criminal Justice Bill l Introduces statutory aggravating factor for those in grooming gangs l Giving probation officers powers to use polygraph tests on serious terrorists/sexual offenders l Introducing mandatory duty for those who work with children to report Child Sexual Abuse Investigatory Powers (Amendment) Bill
l Reforming the parole system to
ensure greater Ministerial oversight over the release of the most dangerous offenders l Implementing Jade’s law to suspend parental responsibility from those who are convicted of murder/ voluntary manslaughter of the other person with whom they share parental responsibility.
l Changes to personal data regime for
ADDITIONAL MATTERS
Victims and Prisoners Bill l Will enshrine the principles of the Victims’ Code in law l Introduces an Independent Public Advocate to work on behalf of victims of major incidents like the Hillsborough Disaster and Grenfell Tower fire
Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill l Bill to enable UK to meet obligations under CPTPP when UK accedes,
UK intelligence agencies
Holocaust Memorial Bill l Building a Holocaust Memorial and Learning Centre
including giving CPTPP parties greater access to government procurement market, protecting geographical indications in line with CPTPP and expanding copyright protections to performers from CPTPP parties Offshore Petroleum Licensing Bill
l Invites new applications for
production licences in offshore water, subject to UK being a net importer of oil and gas and that carbon emissions will be lower than average of equivalent emissions from imported natural gas
DEALS OF THE QUARTER Kate Harris Editor, Legal Director Birketts LLP
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…
Arm Holdings plc lists on Nasdaq
On Thursday 14 September 2023, Cambridge-headquartered Arm Holdings plc listed on Nasdaq. Arm Holdings is a global leader in the development and licensing of semiconductor technology and is central to the transformational computing that is shaping today’s connected world. The Arm IPO was the largest IPO to take place in the last two years. The inhouse legal team (supported by external counsel and other advisors) worked to a very ambitious timeline, overcoming multiple unique and complex situations, including: effecting a tax-compliant corporate reorganisation, uplifting Arm’s governance framework, as well as producing a registration statement which a vast line-up of investment banks used to pitch Arm to the global investor community. The IPO was a total success, delivering on one of Arm’s primary strategic objectives for 2023 and setting the stage for the next phase of Arm’s journey as a public company.
Mills & Reeve advises cybersecurity company on six figure funding deal Newbury-based CyberHive, which has co-developed a patent-protected cybersecurity platform with The
University of Oxford, received £850,000 from existing investors including Mercia Asset Management, which led the funding, 24Haymarket and several existing shareholders. The funds will be used to develop and market their cutting-edge threat protection platform. The enhanced platform includes the award-winning product Trusted Cloud and has been expanded to include a groundbreaking new secure connectivity solution, CyberHive Connect. CyberHive’s simple, secure and performant solutions promise to equip businesses with an unrivaled level of protection including protection against quantum threats in an ever-evolving cyber threat landscape. Zickie Lim, head of Mills & Reeve’s venture capital investment team who advised CyberHive on the latest investment,
said: “Cybersecurity is at the top of the agenda for public and private sector organisations. CyberHive’s technology is a world leader, and this latest funding round will enable the company to rollout its innovative technology across the globe to help play a pivotal role in combating cyberattacks.” Alan Platt, CEO of CyberHive, said: “I am immensely proud of this significant leap forward in our mission. With this investment from Mercia and 24Haymarket, expertly advised by Mills & Reeve - we are poised to forge an indomitable path in the realm of threat protection”. Srikar Karri, investment manager at Mercia said: “This investment round will enable the company to commercialise the new Cyberhive Connect product, securing connectivity with a simple, low latency solution built for a post quantum era.” www.cambslawsoc.co.uk | 11
MOVERS AND SHAKERS Kate Harris Editor, Legal Director Birketts LLP
Ashton Legal welcomes new joiners
Zara Bracegirdle is a Senior Associate and specialises in all aspects of Wills, tax planning, trusts, powers of attorney, probate and estate administration. Zara has notable experience in estate planning for clients with foreign assets and the creation and administration of trusts for multiple generations of the same family. Zara is also a full member of the Society of Trusts and Estate Practitioners (STEP). Jonathan Dattani has recently qualified as a Solicitor specialising in private client matters and has particular experience in the administration of complex estates with a variety of cross-border issues and managing matters, including contentious trusts and estates. Jonathan is an affiliate member of STEP. In 2024 will take on the role of president of the Cambridgeshire Junior Lawyers Division, continuing to act as their representative on the Cambridgeshire Law Society. Ruth Hinchcliffe is a Legal Executive and joins Ashtons’ top-tier Personal Injury team. She is a Fellow of CILEx and specialises in Asbestos and Mesothelioma injury claims.
New Partner for Mills and Reeve
Lucinda Brown joins Mills & Reeve to help build a national contentious private client team.
Lucinda joins the firm from BDB Pitmans, where she successfully grew their will and trust disputes practice over the course of three years. Overall, she has more than 18 years’ experience in private client services and will work with the market-leading Mills & Reeve private client team advising on estates, trusts and will disputes. At her previous firms, Lucinda has worked closely with 12 | www.cambslawsoc.co.uk
Here is a round-up of the latest moves, promotions and achievements of Cambridgeshire Law Society’s members… the charities teams, securing litigation work and networking with charitable foundations. Her interest in advising charities on contested legacy work and similar claims will further support the existing Mills & Reeve charity team.
charitable organisations, universities (including international institutions and their respective tech transfer offices), multinational pharmaceutical and technology companies, and government departments.
Chris Belcher, Partner at Mills & Reeve, said: “We are absolutely thrilled that Luci, who has an excellent reputation in the market, has joined our team in Cambridge. She has demonstrated her ability to grow a practice in difficult circumstances during the Covid-19 pandemic and has the drive and desire to do the same at Mills & Reeve. Her expertise will help us to source new work, take on more projects, and provide a comprehensive, national service to our clients.”
Speaking on Amritjot’s appointment, Appleyard Lees Partner, Chris Hoole, commented, “It is clear that our clients, particularly the high growth, high tech start-ups of which there are many in and around Cambridge, need an IP advisor with Amritjot’s commercial contracts experience. Amritjot’s expertise in complex commercial IP work will greatly add to our firm’s strong litigation and prosecution capabilities, and her ability to provide services in this area will no doubt be very valuable to our clients.”
Lucinda added: “I know that Mills & Reeve’s contentious private client services are already well established in their local areas and now we have an exciting chance to expand this further. I hope that my experience and connections can support the team to develop further the opportunities that exist.”
Reddie & Grose welcomes trainee patent attorneys
Appleyard Lees Appoints Head of IP Commercial Contracts
Commercial and intellectual property solicitor Amritjot Jethwa has joined Appleyard Lees as the firm’s first Head of Commercial IP Contracts. Amritjot leads the commercial IP contract service offering at Appleyard Lees. The firm’s commercial contract team also includes specialist IP solicitors Chris Hoole, Robert Cumming, Daniel Bailey, and Christopher Thomas. Amritjot advises on, reviews, drafts, and negotiates complex commercial IP contracts, with a particular focus on in-licensing and out-licensing, across all types of IP. Amrit also has a wealth of expertise drafting bespoke collaboration agreements to support clients with AI-based platforms. With a varied client roster, Amritjot supports founderCEO start-ups, equity-backed, earlystage technology companies, SMEs,
The Cambridge office of European patent and trade mark attorneys Reddie & Grose LLP is delighted to welcome three new trainee patent attorneys to our graduate training programme to strategically grow each of our patent practice groups. Chloe Skidmore joins the engineering, materials and consumer product group, having recently graduated from the University of Sheffield with a first class MEng in materials science and engineering. Sam Pfeffer-Matthews joins the electronics, electrical devices, and software group, having recently graduated from the University of Warwick with an integrated master’s degree in electronic engineering. Finally, Dr James Cartwright joins the life sciences group, after finishing a postdoctoral position at University College London where he studied the microvasculature of the inner ear.
COMMON PITFALLS IN INTELLECTUAL PROPERTY OWNERSHIP Christopher Dunleavy Senior Associate, Patent Attorney Venner Shipley LLP In this article I will discuss some of the common pitfalls I have come across in my work with Cambridge’s innovative start-ups, SMEs and private individuals, and in preparing IP Audits funded by the UK IP Office. I refer in this article to IP as shorthand for patentable inventions, registerable designs, and original works attracting copyright (in particular software).
Employee inventions
Most people involved in trying to get a technology-based company off the ground are aware that IP generated by an employee in the course of their employment will often (though not always) belong to their company. However, often people generate IP before they really have a sense of how they want to take it forwards. They then found a business which they want to own and develop the IP, but forget to assign the pre-existing IP into the company. Once a company is set up, there are often misunderstandings about whose IP is automatically owned by the company. When created by an employee in the course of their employment, inventions, original works attracting copyright, and registerable designs belong to the employer. However, in a lot of start-ups and SMEs, many key creative or innovate personnel have a slightly less clear role. In particular, a company does not automatically own IP generated by a co-owner or shareholder. More is often needed, such as the same person also being an employee, or completion of a suitable assignment.
Contractors/consultants
One of the great things about the Cambridge ecosystem is the wide range of skills and equipment available on a limited-term project basis. Many startups and SMEs start with the mistaken impression they will automatically
A common issue for early-stage technology companies is the discovery of a gap between the intellectual property (IP) which these companies believe they own and the IP they can demonstrate a clear legal chain of title to. own the results of projects they have paid for. Whilst this is the case for registerable designs created under a commission, it is not the default position for patentable inventions or copyright. Consequently, it is important to make sure that all consultancies or collaborations are conducted under a suitable contract governing who will own any IP which is generated, and how that IP may be commercially used.
parties - for example, a trial production run, or a transfer of some sample materials for testing. This happens surprisingly often without a suitable contract (or any contract) in place at the commencement of the collaboration.
This can be a particular risk if there is an The good news is that all imbalance of of the issues discussed power between so far are typically not the parties. Take the example difficult to put right when of a start-up caught early... collaborating with a manufacturer to develop Consultants and contractors often a prototype into a production model. have no interest in retaining IP resulting This process is likely to generate joint from client projects and consequently inventions, and in the absence of a will have standard terms and conditions governing agreement both companies stating that they shall transfer any IP can make and sell the inventive product, they create to their client. The standard but neither party can assign or license terms of larger, well-established a patent covering the product without consultancies will typically be sound. the consent of the other. This is a fine However, there are also many small outcome for the manufacturer, less so or solo consultancies operating in for the start-up. the Cambridge area, and it is not uncommon to see terms which look like The best protection is for the startimperfectly adapted templates. up is to file a patent application for the prototype before the collaboration The good news is that all of the begins. Even then, they should get an issues discussed so far are typically appropriate contract with suitable not difficult to put right when caught terms on ownership and exploitation of early, especially since most of the further improvements. parties concerned have a clear interest in doing so. These situations most Conclusion often cause problems in the form of Ownership of intangible assets in the unplanned delays or expenses during form of intellectual property is not time-pressured processes such as filing entirely straightforward but can be the a patent application or discussions difference between success and failure with potential investors. of an early-stage technology business so please get in touch with a patent attorney if you have any doubts as to Collaborations whether you or your clients own the A potentially more risky situation is IP covering their technology. Funded when a start-up or SME starts working IP Audits provide a low-cost way of with a partner for a joint project which uncovering any ownership issues. may be of commercial interest to both www.cambslawsoc.co.uk | 13
WHAT I HAVE LEARNT SO FAR… James Allen Vice-President, Partner, Head of Cambridge Corporate Team, Birketts LLP
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n today’s interconnected world social media is omnipresent. While it can be a powerful tool for networking and knowledge sharing it also bears significant risks. Be mindful of your online presence: what you post may have consequences professionally. Strive to maintain a balanced and professional image across platforms, aligning with the ethical standards expected of solicitors. Ensure you post relevant content and update your connections with any matters of interest in your field or your own personal achievements. It can be used very effectively as a marketing device to help building your profile and reputation in your chosen field.
a niche can set you apart and open doors to unique opportunities. Many law firms are now venturing towards a sector-based approach and if there is a sector that particularly appeals to you make sure you learn all you can about it, keep up to date with recent trends in that sector and make sure the partners at your firm are aware of your interest in that sector. Being commercially aware is increasingly important and nowadays clients look to their lawyers not just for legal advice but business advice too. However, remember that as the legal landscape changes over time versatility and adaptability is important too.
Whilst undertaking your current role you Networking is should also bear not merely about in mind how you collecting business Networking is not see the personal cards or LinkedIn merely about collecting growth and connections. development of It is about business cards or LinkedIn your career. You fostering genuine connections need to think relationships. Think about how long carefully about any promotion which events you may take, what needs to be achieved want to attend and why. Ask yourself and be looking at ways to make sure you what you are looking to achieve by meet the criteria that will enable you to attending such events bearing in mind achieve that promotion. If you are not your work/life balance as they can be sure what you need to be doing it is vital not only time consuming but are often that you have this conversation with the held outside “normal” working hours. appropriate person at your firm. There After such consideration look to engage may be external opportunities or roles in a wide range of marketing events with intermediaries, clients, other professionals that you might wish to explore alongside your day-to-day work, such as becoming and also internally. Networking allows a trustee or committee member of a you to learn from peers, mentors and local body, that will enhance not only industry leaders and enables you to your profile but your leadership qualities. build strong relationships that will be The legal landscape is in perpetual important as your career progresses. motion. To stay ahead, commit to being involved in a wide range of continuing Whilst it is essential to have a broad education, in particular, in areas which understanding of your area of law do are connected with but not necessarily not hesitate to look to gain in-depth directly related to your area of specialism experience in certain areas. Developing 14 | www.cambslawsoc.co.uk
or expertise. Also look to understand how legal practice develops over time. All of the above stem from effective communication which is the cornerstone of success. Whilst your ability to draft documents and understand the law is important being able to communicate in a clear way with clients, intermediaries and colleagues is massively so. As a junior lawyer mastering organisation is key. Start by understanding what technology is available to you and the rest of your team, familiarise yourself with these systems to streamline tasks, manage data and collaborate with the rest of the team efficiently. Cultivate time management skills and establish a routine to prioritise tasks which should enhance your productivity and improve work/life balance. Maintaining work/life balance is important and involves prioritisation and boundaries. Prioritise tasks focusing on the most important ones to prevent becoming overwhelmed. Learn to say no so as to avoid over committing and then underperforming. Again, this is tied up with good communication between you and other team members. There are different ways to make sure you are not constantly being interrupted by calls, emails and the requests of others so that you can meet deadlines and timescales. Sometimes it will be necessary to work late but this should be the exception rather than the rule. As you traverse this challenging yet rewarding career remember that every experience, whether a success or a setback, contributes to your growth and development. Embrace these insights, remain curious and never underestimate the power of resilience.
CJLD UPDATE Jonathan Dattani Vice President of the CJLD, Solicitor, Ashtons Legal LLP
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he Cambridgeshire Junior Lawyers Division has ended the year with a Christmas Dinner at the Waterman in Cambridge. The event was a great success, and we may need to start looking at larger venues going forward! It was wonderful to catch up with our community and to share a drink or two. We hope you enjoyed all the festive cheer! By way of a reminder, the CJLD events are a fantastic opportunity for legal professionals living or working in Cambridgeshire to meet each other. With your support, we hope to achieve another year of great events which will both grow your professional network and support you in your future career. 2023 has been a fun year, and we are thrilled with how well-attended our events have been and at the number of new and returning faces. We have had events including bowling, darts, escape rooms, cocktail making and of course the summer charity ball with CYPG!
We would like to give our thanks to all those who sponsored our charity ball, without which, the event would not have been possible. Through your generous support, we were able to host an amazing evening and raise money for charities in the region. You’ve been fantastic! We have had a huge amount of interest in joining the CJLD committee for 2024. All applications have been reviewed and full details of the 2024 committee will be published soon. You will be able to learn more about the committee at www.cambsjld.org/.
The boring part about all this is membership fees. Memberships are to be renewed in January. We will provide more information about this shortly, along with the benefits of membership! We would like to give a special thank you to our amazing sponsor, Errington Legal Recruitment Limited. Errington are always on hand to help the CJLD, and your support is much appreciated. Thank you!
(You can also use the above link to subscribe to our mailing list, just in case you haven’t already!) We are confident that 2024 will be another great year. This year we have had a record amount of subscribers to our mailing list and high levels of membership. We are keen to arrange events which you would enjoy. If you have any ideas on something we can help with or put in place, please do contact cambsjld@gmail.com. We are keen to run events that can handle a mixture of smaller and larger numbers of attendees, and organise events which cater to wider interests.
CYPG UPDATE Megan Simpkins CYPG Committee member, Solicitor Birketts LLP
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he Cambridge Young Professional Group kick-started the winter spirit with the annual Wine Tasting Evening on 17 November 2023. This event is always a great opportunity to sample and learn about an array of wines. It was once again hosted by the highly knowledgeable Steve from Cambridge Wine Academy, with Mills & Reeve kindly providing the venue. Wine related team names are compulsory (who doesn’t love a pun?) but wine expertise is not (although perhaps use the initial mingling to befriend the wine connoisseurs before picking your team members, if you’re competitive, that is).
The event took the usual form of a quiz, with teams hearing a description of three different wines from the same grape family. It was then over to the participants to taste and guess which description fit the bill. Bonus questions were included between rounds to gain extra points. Would you know how many bottles of wine are contained in a nebuchadnezzar? Or even know what a nebuchadnezzar is, for that matter?
What better way to network with likeminded young professionals than over wine, cheese and biscuits. Some might say that pizza at the end of the evening would top it off, and so would we! We are sure at next year’s event, pizza will be plentiful… The annual Christmas party took place at the Cambridge Tap on 6th December. It was a fun evening with a quiz, food and festive beverages. Don’t forget that membership renewals are coming up in January 2024. Whether you’re a returning member or new to the Group, make sure you add yourself to our mailing list so you don’t miss out - the more the merrier! The committee will be in touch in the New Year with further details. www.cambslawsoc.co.uk | 15
CAMBRIDGESHIRE LAW SOCIETY
LEGAL EXCELLENCE AWARDS 2024 CATEGORIES AND CRITERIA INDIVIDUAL AWARDS
★ Outstanding Support Staff Member (Legal and Business Support Services)* • Nominations can be self-submitted or made on behalf of the nominee. • How have you provided support services in a way that has made an outstanding contribution to your team, department or firm? • Explain why you or the nominee deserves recognition by reference to work ethic, values, practice/work management, assisting fee earners (for example), contributing to the wider team, department or firm.
★ Trainee of the Year* • Nominations can be self-submitted or made on behalf of the nominee. • How have you demonstrated technical legal excellence either in developing your skills or on a client matter? • How have you demonstrated your team-working skills (this may include supporting your team)? • How have you exceeded your supervisor’s expectations? • Have you participated in or undertaken any work or roles (outside of your day to day role) that make you a more well-rounded trainee? • Judges are looking for someone who has made a significant contribution within their firm and, if relevant, more widely within the Cambridgeshire legal community. In all cases, the judges will expect to see evidence of individual impact rather than mere participation.
*Legal and Business Support services explicitly does not cover fee earners (whether solicitors, barristers, legal executives, paralegals, trainee solicitors, trainee attorney or equivalent) and is open to an individual from any legal and business support services, including, but not limited to, secretarial, administrative, IT, HR, Finance etc.
★ Lifetime Achievement† • Nominate a lawyer who has made an outstanding contribution to the legal profession in Cambridgeshire during their career. • Explain why the nominee deserves this recognition by reference to legal excellence, practice management, values and ethical standards, contributions to the wider community and being an inspiration to younger lawyers (including any contributions such as supervision or mentoring).
* “Trainee” is defined as being a pupil barrister, trainee costs lawyer, trainee legal executive, paralegal, apprentice, trainee patent or trade mark attorney, or trainee solicitor..
★ Rising Star (<10 years PQE)† • Nominations can be self-submitted or made on behalf of the nominee. • How have you handled a specific matter and why was it of major importance to your client or firm? • How have you demonstrated technical legal excellence? • How have you demonstrated your leadership qualities in supporting or supervising more junior colleagues (including trainees)? • How have you contributed to your employer’s or team’s performance both financial and otherwise? • How have you demonstrated commercial awareness? • Have you done anything to contribute significantly to your firm and, if relevant, the Cambridgeshire legal community, on a wider level? This may include (but is not limited to) commitment to equality, diversity and inclusion, progressing your firm’s culture or values, and external roles you undertake alongside your main role. In all cases, the judges will expect to see evidence of individual impact rather than mere participation.
★ Senior Lawyer (>10 years PQE)† • Nominations can be self-submitted or made on behalf of the nominee. • How have you made a significant contribution to the development of your business (business may include the promotion of your practice area, team, or firm)? • How have you demonstrated technical legal excellence? • How have you contributed to the leadership of your firm, including the leadership of teams, supervision of your team and/or of junior colleagues? • How have you pro-actively developed the business both financial and otherwise? • Have you done anything to contribute significantly to your firm and, if relevant, the Cambridgeshire legal community, on a wider level? This may include (but is not limited to) commitment to equality, diversity and inclusion, progressing your firm’s culture or values, and external roles you undertake alongside your main role. In all cases, the judges will expect to see evidence of individual impact rather than mere participation. † “Lawyer” is defined as being a qualified barrister, costs lawyer, legal executive, patent attorney, trade mark attorney or solicitor.
“Lawyer” is defined as being a qualified barrister, costs lawyer, legal executive, patent attorney, trade mark attorney or solicitor.
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TEAM & FIRM AWARDS ★ Property Team of the Year* • With reference to a specific client matter, explain how your team has made a significant contribution to your firm. • How has your team demonstrated technical legal excellence? • How has your team provided excellent client service in everything you do? • How has your team achieved profitable growth? • How has your team demonstrated excellence in the past year? *”Property Team” may mean a residential property team, commercial property team, teams that undertake a mixture of property work, and specialist teams that work under the umbrella of “property” including but not limited to, SIPP teams, plot sales/development etc.
★ Business Law Team of the Year* • With reference to a specific client matter, explain how your team has made a significant contribution to your firm. • How has your team demonstrated technical legal excellence? • How has your team provided excellent client service in everything you do? • How has your team achieved profitable growth? • How has your team demonstrated excellence in the past year? *”Business Law Team” includes separate teams in either corporate, commercial or banking, and teams that undertake a mixture of work within these departments. Teams can either be specialist firms dealing in one or more of the business law areas above or teams at larger firms.
★ Private Client Services Team of the Year* • With reference to a specific client matter, explain how your team has made a significant contribution to your firm. • How has your team demonstrated technical legal excellence? • How has your team provided excellent client service in everything you do? • How has your team achieved profitable growth? • How has your team demonstrated excellence in the past year? *”Private client services” includes separate teams in either private client advisory or family law teams (including for specialist firms), teams that undertake a mixture of private client services work and/or those that fall within private client services in their firm’s group divisions.
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CAMBRIDGESHIRE LAW SOCIETY
LEGAL EXCELLENCE AWARDS 2024 ★ In-House Team of the Year
★ Equality, Diversity & Inclusion Initiative of the Year
• With reference to a specific project, explain how your team has made a significant contribution to your business. • How has your team demonstrated technical legal excellence? • How has your team provided excellent client service in everything you do? • How has your team achieved profitable growth? • How has your team demonstrated excellence in the past year?
• This award is open to any individual, group, team or firm that has pioneered an initiative to support, champion, advocate or advance Equality, Diversity & Inclusion in the legal industry. • What is the initiative and how was it devised, developed and promoted? This should be more than implementing a top-level EDI policy. • How has the initiative contributed towards the attraction, development or support of under-represented groups within the legal industry? • Efforts can be related to mentoring, advising, community building, outreach, hiring/recruitment, retention, reducing systemic barriers, developing equitable policies, hosting events etc. • Teams are not limited to practice area type teams. Business services teams within firms or organisations, such as human resources, marketing, business development etc, and pastoral support roles or teams are also welcome to apply.
★ Litigation Team of the Year* • With reference to a specific client matter, explain how your team has made a significant contribution to your firm. • How has your team demonstrated technical legal excellence? • How has your team provided excellent client service in everything you do? • How has your team achieved profitable growth? • How has your team demonstrated excellence in the past year? *"Litigation team” includes any litigation or dispute resolution teams, whether they undertake general commercial litigation work or undertake specialist work. For example, this may include, but is not limited to, injury litigation, commercial litigation, construction, contentious trusts and probate, public sector and regulatory work.
★ Firm of the Year# • What has set your firm apart from competitors as an excellent legal business? • Explain how your firm has achieved sustainable profitable growth. • Identify the most important factor in your firm’s success. • How has your firm promoted or encouraged equality, diversity and inclusion? This should be more than implementing a top-level EDI policy. Have you introduced any measures to address matters which can assist in reducing or preventing difficulties individuals may experience, that contributes to the importance of EDI in your firm? • How has your firm committed to and recognised the value of its employees, including any measures/actions to ensure employee wellbeing and support across all divisions (whether they are fee earning staff or not)?
★ Intellectual Property / IT Law Team of the Year* • With reference to a specific client matter, explain how your team has made a significant contribution to your business. • How has your team demonstrated technical legal excellence? • How has your team provided excellent client service in everything you do? • How has your team achieved profitable growth? • How has your team demonstrated excellence in the past year? *Intellectual Property / IT (Legal) teams include specialist trade mark and/or patent attorney teams at individual firms, or as part of a larger firm. This also extends to intellectual property teams that may cover contentious and/or transactional work standalone or crossdivision in their firms. IT specifically relates to IT contract work (including disputes) and is not intended to mean internal IT support.
“Firm” is defined as including: barristers’ chambers, firm of costs lawyers, firm of legal executives, firm of patent and/or trade mark attorneys, or solicitors’ firm.
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ANNUAL LEGAL EXCELLENCE AWARDS 2024 RULES & PROCESS Entries to the Cambridgeshire Law Society’s Annual Legal Excellence Awards are now open.
Awards Criteria
We will email entry forms to all members of CLS, which are available on request from: admin@cambslaw.com.
The criteria for each award are set out against each award, but please note that for team and firm awards the judging panel will take account of the relative sizes of the entrants in determining the winner.
For all awards, your entry must not exceed 600 words. The deadline for entries is 5pm on Monday 26th February 2024.
Please note that the awards relate to work conducted within the area covered by the Cambridgeshire Law Society.
Please submit your entry by email to: admin@cambslaw.com.
Qualifying Period
Who can apply? Please see each award category for specific information about who can apply. You may nominate yourself, a colleague, or a team. For the Lifetime Achievement Award, please nominate a senior lawyer deserving of this accolade. If you have any questions about eligibility, please email: admin@cambslaw.com.
All entries must relate to the period from 1st January 2023 to 31st December 2023.
Judging Process A panel of judges made up of professionals and business leaders will assess all the entries.
Winners The winners of each Award will be announced at the Legal Excellence Award ceremony on Friday 19th April 2024.
Good luck to all entrants!
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Relationships remain key in the age of technology Personal relationships are still the heartbeat of business success, despite the increasing use of technology. Personal relationships convey how we value one another. Personal relationships enable us to have empathy with one another’s situations. In his seminal book, “How to win friends and influence people,” Dale Carnegie wrote: "If there is any one secret of success, it lies in the ability to get the other person’s point of view and see things from that person’s angle as well as from your own." Business relationships then are as much about understanding the challenges we all face in our daily encounters. The search industry has seen significant changes in recent years. Massive consolidation has seen so many of the traditional search companies swallowed up into larger corporates. We have to find ways of differentiating our service offerings, building that trust in client relationships, and delivering services which conveyancers feel add value to their business. Don’t get me wrong, consolidation has brought with it huge advances in technology and customer experience. Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too! With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes. The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch. Do we rely on technology too much? Are chat bots, apps and portals what our clients really want and need? What happens when things go wrong? People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.
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I recently won back a client from a rival supplier. When I asked what it was that brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!). In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken. This is where knowledge, experience, and expertise really make a difference. Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship. Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It's about trusting that the job is going to get done right, first time. The challenge when introducing technology is that you take a step back from that personal touch. You risk losing the experience and expertise provided by the people when you are over-reliant on the technology. At Geodesys we have people who have been with us since the start, 25 years (and counting!), no amount of technology will replace their understanding and expertise. They are an integral part of our account management and customer service offering. They know the search industry inside out. The key is getting the right combination of technology and people. Going back to Dale Carnegie’s quote; the organisations who can empathise with the clients, and understand how to respond, will be the best at winning friends and influencing others. Kay Toon is an Account Manager at Geodesys
CIVIL PROCEDURE RULES COMMITTEE OFFER CLARIFICATION ON EXPERT EVIDENCE Civil Procedure Rules Committee offer clarification but does not address central issue regarding the length of reports.
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he Civil Procedure Rules Committee have released the minutes of their 2nd November meeting. In the minutes, they provide clarification on the 20-page limit for reports being submitted for cases being dealt with in the English and Welsh Civil Intermediate Track: “18. A clarificatory amendment concerning expert reports was proposed by expanding rule 28.14(c) with a new (c)(i) and (ii) which are designed to set out what is and is not included within the 20 page limit. New (c)(i) will provide that the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and the reasons for those conclusions, are included within the 20 page limit; but new (ii) will expressly provide that the expert’s CV and any supporting materials to which the reasons for their conclusions refer, are added to the existing list of items (comprising any necessary photographs, plans and academic or technical articles attached to the report) are excluded.” However, there is no discussion in the minutes as to the central issues regarding the 20-page limit. Namely that: Lower value cases are not always straightforward. We have had significant feedback from members across a range of professions providing examples of low-value cases that are nonetheless complex in their nature requiring review of significant volumes of evidence Expert witnesses are required to meet their full obligations under CPR35, PD 35 and The Guidance for the Instruction of Experts in Civil Claims. This was recently highlighted in the Supreme Court ruling in Griffiths vs TUI which highlighted that experts must provide the full reasoning for their opinion. An arbitrary restriction in page numbers is inconsistent with this. Different types of reports have different requirements, which may vary according to profession, whether opinion is required on breach or quantum, and whether there are differences in factual or expert evidence to address. Undoubtedly some reports will be less than 20 pages, but many will typically not be, and for good reason. EWI CEO, Simon Berney-Edwards, said: “Whilst we welcome the clarification regarding the elements not included in the 20-page limit, there has been no response regarding the central issue of the arbitrary fixing of the length of reports to 20 pages. As we previously stated, it does not always follow that a case is less complex just because it is lower in value. Examples provided by our
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members indicate that even with these clarifications, experts may struggle to meet their duties under Part 35. This will ultimately impact the proper administration of Justice, the support provided to the courts, and the outcomes for those involved in litigation access to justice. We would welcome engagement with the committee to discuss our concerns.” The Institute have contacted members for their comments and will be formally responding to the Civil Procedure Rules Committee in due course. USER SIMON BERNEY-EDWARDS.
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MY TOP TIPS FOR INSTRUCTING SOLICITORS WHEN CONSIDERING ENGAGING AN ACCOUNTING EXPERT WITNESS ✔
When to engage your expert
In my experience it can be helpful to engage your expert early in the dispute. Often I am engaged in the first instance to provide a preliminary view on a matter. The preliminary view is typically given in a brief written report with financial analysis but it is not in a court compliant form at this stage. This report helps the solicitor and legal counsel advise the client on the strengths and weaknesses of the case. It is typically prepared ahead of mediation and may be disclosed in mediation. A preliminary report can normally be provided quicker than the full court compliant report and will then form the basis of the court report. It is often useful to have the expert attend part of the mediation to assist the parties and mediator. In some instances the expert is approached by both parties so clearly it is advisable to approach and engage your choice of expert as soon as possible. It may be tempting to instruct your expert late in the process to minimise costs but bear in mind that experts will have existing case obligations and may not be willing to take an instruction at short notice.
✔
How can your client assist us?
Typically, we will receive a helpful summary of the matter in dispute and
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some detail on the companies involved. As forensic accountants we usually have experience in a breadth of sectors. We will undertake our own research on the sector. This research will look at how the sector has fared historically and will include consideration of strengths, weaknesses, opportunities and threats. We will look at published data on companies in the sector including any transactions. However, your client will have a deep knowledge of the sector and could assist the expert at the start of the engagement in highlighting relevant sources of industry data, background information and identifying competitors.
How can I ensure costs
✔ are proportionate?
Consider whether you need a financial expert from a ‘top four’ firm of accountants or whether an expert from an independent or regional firm might be suitable. Since the pandemic, instructing solicitors are far more willing to appoint an expert from another location and to use video conferencing to avoid the costs of physical meetings. An expert working within a team will have assistants who can complete some of the financial analysis at an appropriate hourly rate.
Should I get a second
✔ expert opinion?
In matrimonial cases, and often in shareholder disputes, the expert is appointed as a single joint expert,
instructed by all parties to give an independent opinion. In such instances a ‘shadow adviser’ may assist one party in framing the questions they wish to ask on the report of the single joint expert. Typically, there is ten days to ask the questions, so it is important to line up your shadow adviser ahead of receipt of the report. The shadow adviser can also give an opinion on the report to assist the party in deciding if they wish to ask the court to allow a party expert to be appointed if they do not accept the conclusions of the single joint expert report. Obviously be aware of the court’s view on ‘shopping around’ for an expert witness.
what areas of ✔ Consider accounting experience
your financial expert will need Accounting is a wide subject area and accountants work in many different roles and sectors. You will need to identify an accountant who is experienced in acting as an expert witness but who also has the relevant expertise. For example, if the case is a professional negligence claim against an auditor or tax adviser you will need to identify a professional who has been in professional practice as an auditor or tax adviser. If the instruction requires an opinion on the valuation of a company, you will need an expert with experience in valuing businesses.
RECORD BREAKING YEAR FOR CHARITY LEGACY INCOME Charity legacy income is estimated to have reached £4bn and bequest numbers almost 140,000 in the year 2022/23 - an annual income growth of 6.5%. This news comes at a time when a growing number of charities are increasingly reliant on gifts in Wills. ever and yet more challenging than ever, for charities to understand how they are faring compared to the market.
The growth estimate is based on this year’s Legacy Monitor from Legacy Foresight - the sector’s annual benchmarking research programme, which gathers data from over 80 charities, accounting for almost 50% of the charity legacy market.
“Charities need to stay aware and informed as to what is happening to the external drivers, so they’re able to separate market trends from their own. This will enable a better understanding of their underlying performance and to set realistic budgets and strategies for the future."
These results reflect the resilience of the legacy market, with easy and upto-date access to the latest facts and figures from the UK legacy market now available via Legacy Future's new Data Dashboard.
Lucinda Frostick, Director at Remember A Charity, says:
Although the upward growth trajectory looks set to continue for the long-term, Legacy Foresight also warns that current economic conditions are likely to negatively impact growth in the coming months - with falling house prices not only impacting average gift values but also affecting the time taken between notification and money being received by charities. Despite the projected fall in house prices meaning that the mediumterm forecast for legacy income is relatively subdued, beyond 2026, the forecast for the legacy market is a lot more positive, with an expected return to accelerated growth. In real terms, legacy income is predicted to reach over £6bn by 2050. While growth in legacy income is positive news, charities need to be aware that the market is becoming more crowded. With more charities vying to be heard in the legacy market, it is getting harder to maintain and grow share. Smaller charities with smaller budgets are finding it easier to spread their legacy programmes to potential legators as digital marketing for legacies becomes more mainstream. 26 | www.cambslawsoc.co.uk
“Particularly in such tough economic times, charitable legacies have never been more valued. Fundraisers, finance teams, CEOs and trustees at any charities with established legacy fundraising programmes will no doubt be thankful that their predecessors had the foresight to invest in legacies in years gone by, helping them weather the current storm.
PARTICULARLY IN SUCH TOUGH ECONOMIC TIMES, CHARITABLE LEGACIES HAVE NEVER BEEN MORE VALUED LUCINDA FROSTICK Charities must therefore be prepared to plan, invest and be creative to secure their space in this evolving sector. CEO of Legacy Futures, Ashley Rowthorn, says: “With the huge impact that external forces such as house prices and the probate backlog are having on the legacy market, it’s more important than
“We can’t control the economic environment, but what we can influence is the propensity for giving and the way in which we inspire people to leave a gift in their Will. Currently, we’re seeing appetite for legacy giving reach record levels. In challenging times, it’s all more important that we continue to collaborate within the sector and beyond, building on legacy growth to normalising charitable gifts in Wills.”
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The importance of Family Tree Verification: Safeguarding distribution of estates By Danny Curran
In France and Germany, probate research and the verification of intestate estates using professional firms is considered vital, on a par with the legal profession. Yet in the UK, we struggle to place probate genealogy firms fairly and squarely within the estate administration process. The industry is unregulated, which is not necessarily a problem and should not deter solicitors. My firm adheres to voluntary codes and regulatory regimes that can provide reassurance. The public must feel confident that the probate research firm is not operating a scam. Think of those bogus emails where the sender asks for bank account details in return for millions of pounds for instance. Reputation is a good starting point, but make sure you are dealing with a professional company. Firms can appear to list ‘offices’ around the world by placing keywords on their website and can use an impressive serviced ‘office’ address in a large city like London. OVER-RELIANCE ON FAMILY TESTIMONY Another issue I see in the UK probate research industry is the reliance by the solicitor, administrator or executor on family testimony, without independent verification. Some solicitors accept the word of family members on who is or isn’t related to the deceased and by what degree of kinship. This can lead to incorrect estate distribution. I once worked on an intestate estate of around £400k, where the solicitor wanted verification that their client was the sole heir to the estate. The client was an elderly lady who claimed to be her late brother’s sole surviving next of kin. However, we discovered she’d disowned her nephew many years earlier and didn’t recognise him as part of her family. His ‘crime’ was to grow a beard to his waist and wander around his housing estate shouting and swearing. Once we had identified and located him, we established he had suffered from a mental illness for many years. In this case, half the estate rightly passed to him. CHILDREN FORGOTTEN I have lost count of the children, siblings and half-siblings who have been overlooked or forgotten by solicitor clients referring cases to us. It’s not deliberate. Families lose touch, large families forget how many relatives they have, children are 30 | www.cambslawsoc.co.uk
born out of wedlock and to single parents and, since 1927, adoptive families can legally inherit. It is an excellent idea for the solicitor to interview their client before engaging a probate research firm, to make sure all relatives are accounted for. There are four basic fee models available from most professional probate research firms. Freedom of choice is imperative to cover a variety of situations. The four main options are: 1. contingency fees, where a beneficiary signs a percentage-based agreement with the probate research firm 2. an estate / trust contingency fee, where the executor agrees on a percentage-based fee from a named beneficiary’s entitlement 3. a budget fee paid by the estate 4. a fixed fee paid by the estate. THE BASIC MODEL Firms may name these fees differently, but most firms offer this basic model. Contingency fees are the most popular option. They are seen as fairer in many circumstances--payable only on a successful distribution of an estate. An agreed budget or a fixed fee at the expense of the estate may be more appropriate, depending on the circumstances. Probate research firms can usually offer budget fees payable by the general estate or contingency fees where the fee is agreed directly with a beneficiary or the executor and expressed as a percentage of the sum they receive. There are different situations where one fee option may be more appropriate. For example, if there is no grant or no known next of kin to extract a grant, a fee payable by the general estate cannot be used, as there is nobody with legal authority to agree to such a fee. FIXED FEES ‘UNFAIR’ Budget or fixed fees paid by the general estate diminish the whole estate value, which any next of kin who knew the deceased often sees as unfair. If the probate research firm works to a contingency fee and fails to find any
further entitled heirs, it usually receives nothing for its work. Still, the report can secure the vital indemnity insurance policy needed to safeguard the administrator. There are dangers of being ‘hooked’ into using a firm based on a very low initial quote. Cheap does not necessarily mean better. It is often true that you get what you pay for, and this is not an area where it pays to cut corners. IMPORTANCE OF INSURANCE An insurance policy against missing or unknown beneficiary claims is crucial. Sometimes, administrators seem confident they have identified all next of kin and consider taking out insurance cover against any further claims a waste of money. However, there are an increasing number of claims where no traditional documentation, such as birth certificates exists, and DNA evidence is also being used more than ever before. If there is no formal birth or adoption certificate, a research firm will likely be unable to find ‘undocumented’ claimants. Insurers are unlikely to accept a genealogist’s report as evidence unless you use a recognised firm of probate researchers. Using a recognised firm will often mean an insurance policy is instantly approved, saving you many hours of time. My preference would be to make insurance a statutory requirement on all £15k-plus estates or where a small estate indemnity is not being used. Things may go wrong, and the important thing is to be covered.
For more information on Finders International’s family tree verification service, please visit the website www.findersinternational.co.uk. Alternatively, you can contact Finders via email: quotes@findersinternational.co.uk or telephone: +44 (0) 20 7490 4935.