CLBL 106 WINTER 2024

Page 1


INDIVIDUAL AWARDS TEAM AWARDS

★ TRAINEE OF THE YEAR

★ RISING STAR ( <10PQE )

★ SENIOR LAWYER ( >10PQE )

★ OUTSTANDING SUPPORT STAFF MEMBER

★ LIFETIME ACHIEVEMENT AWARD FIRM AWARDS

★ FIRM OF THE YEAR

★ PROPERTY LAW TEAM

★ BUSINESS LAW TEAM

★ PRIVATE CLIENT SERVICES TEAM

★ IN - HOUSE TEAM

★ LITIGATION TEAM

★ INTELLECTUAL PROPERTY/ IT LAW TEAM

★ CRIMINAL LAW TEAM

★ EDI INITIATIVE TEAM

Tasting

Wednesday 5th February

Mills and Reeve, Botanic House, 100 Hills Road, Cambridge, CB2 1PH.

6.00 - 8.30pm (registration 5.30pm)

The event will be £20 per person and open to members only. Places are limited and offered on a first come first served basis.

Register here:

Events | Cambridgeshire Law Society

Fun wine tasting evening with The Cambridge Wine Academy

INFORMATION & EVENTS

OFFICERS

President

James Allen Birketts

Vice President

Fiona McLeman FM Family Law

Honorary Secretary

Tom Fairley, Arm

Treasurer

Gary Hanson

COMMITTEE MEMBERS

Barristers Rep

Joshua Walters Fenners Chambers

Universities and Communities Partnership Officer

John Wright Woodfines

Corporate Sponsorship Officer

Fiona McLeman FM Family Law

Council Member

Michael Frape Ashtons Legal

CSR & Pro Bono Officer

Alex Curnow Mills & Reeve

Equality, Diversity & Inclusion Officer

Scott Smith Thomson Webb & Corfield

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 IP

Parliamentary Liaison Officer

Chris Thomas Appleyard Lees IP

Patent Attorneys Rep

Kealan Fallon Appleyard Lees

PR & Social Media Officer

Josie Beal Birketts

Publications Editor

Kate Harris Birketts

Social Events Officer

Jonathan Dattani Ashtons Legal

Sole Practitioners and Small Firms Rep

Sophie Scotcher Myers Law

Administrator

Penelope Harrington

MEETINGS 2025

Wednesday 15 January

Management Board Meeting On Zoom 5.30pm

Wednesday 23 April

AGM & Committee Meeting On Zoom 5.30pm

EVENTS 2025

Tuesday 21 January

EDI in discussion - “Life as a lawyer and a parent” On Zoom 12.30pm-1.30pm

Wednesday 5 February

Wine Tasting Evening

Mills & Reeve, Botanic House, 100 Hills Rd, Cambridge CB2 1PH

6.00pm – 8.00pm

Thursday 27th March

Legal Excellence Awards 2025

King’s College, King’s Parade, Cambridge, CB2 1ST

Drinks reception from 6.30pm Carriages 1.00am

PRESIDENT’S PAGE

Cambridgeshire Law Society: Strengthening Our Community Through Collaboration

As members of the Cambridgeshire Law Society, we are part of a thriving network of legal professionals with a shared purpose. Historically, our Society has focused on organising events and socials – valuable opportunities to connect and unwind. But I believe we can do more.

It is time to reimagine our role and act as a true society: a collective that comes together to support each other, tackle challenges, and make a positive impact on the legal community. The strength of this Society is not just in the events we host; it is in the collective knowledge, resources and goodwill of our members and their organisations. Let us put that strength to work.

Collaboration for Pro Bono Support

One area where collaboration can make a real difference is in supporting aspiring lawyers and providing muchneeded pro bono services to the public. The Anglia Ruskin University Law Clinic is already doing incredible work, but they could benefit greatly from additional legal expertise to guide their students in offering pro bono advice. There are also other pro bono organisations in Cambridge.

Imagine if member firms could contribute lawyers on a rotating or occasional basis, to help. This would not just strengthen the relevant organisation’s services - it would also provide invaluable realworld experience to law students, fostering the next generation of legal professionals. If this idea resonates with you or your firm, please let me know.

Amplifying Corporate Social Responsibility

Many firms are already involved in

corporate social responsibility (CSR) initiatives, whether that is by supporting local charities, organising volunteering days, or hosting fundraisers. These efforts are fantastic, but they are often isolated. What if we joined forces?

By pooling our resources and working together, we could tackle larger projects with greater societal impact - projects that smaller firms, in particular, might not have the capacity to take on alone. With more firms involved, we could scale up individual initiatives, potentially offering year-round support to various causes.

I am sure there are countless options that could benefit from collaboration. I invite you all to share your thoughts. What could we achieve together that we cannot accomplish individually? How can we use our collective energy to do something extraordinary?

Access to New Experiences for Trainees and Junior Lawyers

For smaller firms that do not have a wide range of practice areas, specialist firms and inhouse legal teams, it can be challenging to provide trainees and junior lawyers with exposure to certain areas of law that fall outside their usual scope of work. To address this, could we set up a collaborative secondment scheme?

This scheme could enable trainees and junior lawyers from such firms or in house teams to spend short periods at other member firms to gain experience in different areas of law. For example, a trainee from an in house legal team might join a private practice firm for a few weeks to work on litigation, while the private practice firm could send one of their trainees in house to experience commercial or IP work. Such exchanges would enrich the learning and development of our junior professionals, creating well rounded lawyers with a broader perspective.

If your firm would be interested in participating in such a scheme, let us know. With enough interest, this could become a transformative opportunity for law firms and in house teams to provide invaluable experiences for their staff.

Wellness: A Shared Responsibility

Wellness is another issue we are all

addressing within our firms, but is there scope for a united approach? The challenges of our profession - long hours, high stress, and the pressure to perform - are well documented. Firms are rightly focusing on this, but could we amplify our efforts by working together?

Could we organise joint wellness events, such as mindfulness workshops, fitness challenges, or seminars on mental health? Perhaps we could establish a shared resource hub with wellness tools accessible to all member firms. I am open to suggestions - what do you think would make the biggest difference?

Mentorship Beyond Firm Boundaries

Finally, let us talk about mentorship. One of the most valuable things we can offer as experienced professionals is our time and guidance. Yet mentorship often happens within the confines of our own firms. What if we broadened the scope?

I propose we create a mentorship network where individuals from any member firm can mentor junior lawyers and trainees, regardless of where they are employed. This could be especially impactful for those nearing the end of their careers, who have a wealth of experience to share. A cross firm mentorship scheme could foster new connections, provide fresh perspectives, and build a stronger, more connected legal community.

Moving Forward

This vision is ambitious, but it is achievable - if we work together. Collaboration does not mean compromising the unique identity of your firm. Instead, it is about harnessing the collective power of the Society to achieve more than we can as individuals.

I would love to hear your ideas. What other ways can we act as a true society? How can we better support each other and our community? Please let me know your thoughts, and let us start building a stronger, more connected Cambridgeshire Law Society.

Please contact me if you are interested in any of the above ideas or have any others. Together, we can turn them into action.

THE VIEW FROM CHANCERY LANE

the first half of 2024, the SRA conducted a wide-ranging review of how to protect the consumer entitled ‘Protecting the public: our consumer protection review’. This was the SRA’s initial response to Axiom Ince debacle and concerned their ‘overall approach to protecting consumers when they place their trust in a regulated law firm.’

Now the SRA is consulting again as a consequence of Axiom Ince. The new consultation (which launched on 14 November 2024 and will close on 21 February 2025) is more focused and concerns issues relating to firms holding client money. The consultation can be found here: https://www.sra.org.uk/ sra/consultations/consultation-listing/ client-money-legal-services/?s=o

I strongly urge you to read the consultation document and ensure that your firm responds to the consultation, because the implications of the consultation are wide-ranging for clients and solicitors.

The key questions in the consultation are whether solicitors should be entitled to retain any of the interest earned on client money and whether solicitors should be allowed to hold client money in any event. The SRA’s answer to both questions appears to be ‘No’.

Many firms make a significant amount of their income from holding client funds. Firms are obliged to account to clients for some, but not all, of the interest earned on funds held on their client accounts. Firms keep the difference between the interest earned and the amount they pay over to clients. This can be justified to some extent on the basis that firms are not banks and clients should not gain a better return than they could get by depositing the money with a bank themselves. Law firms aggregate client funds and are therefore able to negotiate better rates with the banks than individual clients could.

But is it ethical for a solicitor to earn income from their client’s money? The SRA suggest that it is unethical and believe that the client should receive

SRA CONSULTATION

Review of Consumer Protection ‘Client money in legal services - safeguarding consumers and providing redress: The model of solicitors holding client money’

all the interest earned on their funds. There seems to be some force to this argument, but that seems to ignore the cost of managing client money. Firms do not charge clients for that service in a direct way, because they earn income from the difference between the amount of interest earned on client money and the amounts paid out to clients.

Should firms hold client money at all? The removal of client accounts would be a substantial change in the solicitor client relationship. What would be the disbenefits of such a major change and what would be the unintended and unforeseen consequences? The consultation paper makes it clear that the SRA has serious reservations about firms holding client money and proposes that the better option is for client money to be held in Third Party Managed Accounts (TPMA). These would be accounts held and managed by a third party supplier such as a bank. It is argued that this would provide a more secure home for client funds than a client account. It is likely that client funds would be more secure in a TPMA than a client account, but at what cost would that be the case? Commentators suggest that this would add a layer of complexity and bureaucracy to managing client funds which would increase the cost of transacting client business and potentially cause delays. Would such an arrangement exclude any possibility of fraud? This has to be doubted as no system is immune to fraud. It would doubtless prevent the sort of massive suspected fraud allegedly perpetrated by the sole owner of Axiom Ince, but would it prevent other frauds?

The direction of travel is clear. Solicitors will very likely lose the right to hold client money, but if they do not they will lose the income they currently make on the interest earned on client balances. These reforms would at a stroke remove a valuable source of income from small and medium-sized firms as well as sole practitioners. Interestingly, large firms and especially the City firms would much prefer not to hold client money given the serious risks associated with handling client funds such as criminal

liability for money laundering. City firms will therefore be supporting the SRA’s position. Any firm that might be affected by the changes proposed by the consultation would be well-advised to submit a response to the consultation.

The Legal Services Board’s response to Axiom Ince

The Legal Services Board (LSB) commissioned a Northern Ireland firm of solicitors to carry out an independent review into the SRA’s regulation of Axiom Ince. The report by Carson McDowell LLP can be found here: https://legalservicesboard.org. uk/wp-content/uploads/2024/10/ Independent-Review-of-theRegulatory-Events-Leading-up-to-theSRAs-Intervention-into-Axiom-InceLim.pdf

In summary, the report confirms that in the lead-up to the SRA closing Axiom Ince in October 2023:

l The SRA did not act adequately, effectively and efficiently,

l The SRA did not take all the steps it could or should have taken, and

l The SRA’s actions and omissions in this matter necessitate change in its procedures to mitigate the possibility of a similar situation arising again.

On the basis of the report’s findings, the LSB has taken enforcement action against the SRA and has issued directions in respect of that process.

Rather than accept the report and the criticism of its failings, the SRA has instead disputed some of the report’s findings. The SRA’s CEO Paul Philip has stated that “There is a lot in the report that we don’t agree with and we don’t understand the basis for enforcement action.” And reference has been made to the fact that the fraud had not been picked up by the firm’s accountant.

The SRA’s position is disappointing but perhaps not surprising. Some might suggest that the SRA should take a more considered view of the LSB’s criticisms in order to improve its systems and processes. But without acceptance of fault, there can be no improvement.

DIVERSITY MATTERS: AN INTERVIEW WITH AINSLIE WILSON-SHEARER

So Ainslie, tell us a little bit about yourself I have always been passionate about making a difference, although it took a few career changes before finding my way into the ED&I space! Originally, I worked in fundraising for a university and then other charitable organisations, but found the opportunities for growth and development were sometimes limited by the lack of resources. After a career change and short period working in project management in the executive search sector, I had my child. Whilst on maternity leave, I spent some time thinking about how to marry up my love for making a difference and social justice with the skills I’d learnt in project management. Diversity and Inclusion seemed like the perfect fit, and after a side step into a full time ED&I role at my previous organisation, I moved to Mills & Reeve where I have been ever since.

I joined as a Diversity, Inclusion and Wellbeing Manager and was promoted to Head of the team last year. Day to day, I am responsible for delivering the Diversity, Inclusion and Wellbeing Strategy, ensuring it is reflected in everything Mills & Reeve does, from our policies, training programmes and partnerships to everyday culture.

I and my team also work closely with our staff networks – Ability (disability), Balance (gender equity), reach (race), Spectrum (LGBT), and PACT (parents and carers), which play a key role in providing a community of support for people from marginalised communities, as well as supporting allyship and celebrating and marking various key dates in the calendar throughout the year.

This edition, our EDI Officer speaks to Ainslie Wilson-Shearer, Head of Diversity, Inclusion & Wellbeing at Mills & Reeve, about her role, the importance of ED&I and what steps she thinks the profession still needs to take to truly achieve inclusion for all.

What is Mills & Reeve doing to improve diversity and inclusion? Mills & Reeve set their Diversity, Inclusion and Wellbeing Strategy in 2021 and more recently, we have been looking at how to evolve our approach in line with the firm’s 2030 ambitions.

We have seen some real success with improving the representation of women at senior levels in the business as well as ensuring female lawyers who want to progress to partnership are supported to and have all the information they need to do so.

In the last 18 months, we have also introduced our Respect at Work programme which aims to broaden people’s understanding of the impact of non-inclusive language and behaviours, and build people’s confidence to constructively challenge anything that doesn’t align with our firm’s values

The programme has involved training senior leaders about micro incivilities in the workplace, inclusive leadership, how to be a good ally and how to challenge behaviour that’s not inclusive in a constructive way. Almost all our Partners have been through the training programme and we are now in the process of rolling out similar workshops to our teams, which are being led by the Partners that attended the original sessions; so far, that is going down really well and we’re finding that people really value the role modelling and – sometimes – vulnerability that senior leaders are showing in leading these conversations.

As we move forward, we want to continue to build on the work we’ve started to improve representation for those from racial minorities. We have supported the 10,000 Black Interns

programme for the last three years by providing paid internships for those coming through the scheme, and have offered more placements year on year since getting involved in 2022. This programme is a great example of the sector really pulling together to improve outcomes, and we work closely with other law firms who also use the scheme to provide webinars, networking and wider opportunities within the legal sector as part of the internships.

What makes ED&I so important in the legal profession?

There’s a lot of research I could cite here about how diverse organisations perform better financially, are more productive, have happier, more engaged staff, are more innovative and resilient, but I expect most people know that already. For me, it’s more that it just feels “right” that organisations should be reflecting society at large, and as the UK gets more and more diverse, it will become more and more important that law firms (and businesses in general) take diversity and inclusion seriously.

I have also really started to see a generational shift. Those at the junior end and those just entering the profession have a real expectation that businesses will balance their priorities around people, profit, planet. What’s more, Gen Z will vote with their feet if you sell them a picture of doing the “right” thing, but don’t actually live it, and if you’re not retaining that talent, it’s your competitors who will ultimately end up benefitting from your hard work to train and upskill people.

What more still needs to be done?

There has been a lot of focus on gender parity in law, which is great and much needed, but that’s only

scratching the surface. Progress in other areas has been slower, particularly around socio-economic background and for those from racially marginalised backgrounds.

Diverse representation can be a challenge in any business, particularly at senior levels, but I would love to see the legal sector doing more to support people from marginalised backgrounds. Apprenticeships and on-the-job training has been around for a long time in the finance sector, for example, and it feels like work to improve social mobility is ahead of where the legal profession is now as a result, although as always some organisations are doing better than others in this area, and there are some fantastic examples of law firms doing this really well.

Whilst there are pockets of great work being done by law firms, as a sector we love to compete against one another. The profession needs to work together, as well as learn from other business models. We do not exist in a vacuum and need to work with other organisations such as universities, apprenticeship providers and recruiters to ensure that diverse talent is making it into the profession and being able to thrive there. If we don’t then we will still be tackling the same issues in 20 years’ time.

A huge thank you to Ainslie for taking the time to speak to us. We hope that our readers will be able to take away some insights for their own teams and organisations, and hopefully take the

profession one step closer to achieving inclusion for all.

DIVERSITY NETWORK WEBINAR: EDI IN DISCUSSION – LIFE AS A LAWYER AND A PARENT

12.30-1.30pm Tuesday 21 January 2025 Register here: Events | Cambridgeshire Law Society Free to attend and open to members only

Following the success of our “Women in Law” panel event last year, the CLS Diversity Network are proud to announce the next in the series “EDI in discussion - Life as a lawyer and a parent”. Our EDI officer, Scott Smith, will be joined by five panellists to discuss the challenges of balancing parenthood and the demands of the legal career, the expectation on parents working on law, and the impacts (both positive and negative) that juggling both can have. We are looking forward to hearing each of their perspectives as well as dive into how the profession and wider society expects working parents to behave. We hope the discussion will provide valuable insight to our members as well as trigger meaningful conversations in the local legal community about how the profession can do more to support parent lawyers.

Michaela Henson Partner, Howes Percival LLP

I am a partner and head the commercial property team in the Cambridge office of Howes Percival. My family came later in life for me and I have three wonderful children: a 12 year old son and 10 year old twin girls.

James Prothero Senior Associate, Mills & Reeve LLP

James is a Senior Associate in the family team at Mills & Reeve in Cambridge. James advises on the full spectrum of family law, often involving trust and business assets. James has a young family and is passionate about working fathers being able to maximise the valuable time that they spend with their children.

Anna Mortenson General Legal Counsel, Nichino Europe Co., Limited

My current role is full time with international travel in EU and JP. I am a director and company secretary within the group of businesses for which I am responsible. The main part

of my work is M & A and commercial agreements. I also manage compliance, CSR and ESG for EMEA and CIS. Outside work, I care for my 15 year old son who is about to take his GCSEs.

Pawel Piotrowicz Partner, Venner Shipley Pawel (“Pav”) Piotrowicz is a highly respected patent attorney with over 25 years' experience. He is a Partner based in Venner Shipley’s Cambridge office and is the firm’s former Managing Partner. Pav specialises in high tech fields covering electronics, communications and software including AI and machine learning, and quantum technologies.

Charlotte Vallins Partner, Ashtons Legal Charlotte is a partner in the commercial property team at Ashtons Legal specialising in investment management, corporate occupier and corporate support work. Charlotte has two daughters aged seven and four – the youngest of whom has just started primary school – so she is delighted to have dropped the pre-work nursery run!

Ainslie Wilson-Shearer Head of Diversity, Inclusion & Wellbeing Mills & Reeve

LEGAL EXCELLENCE AWARDS 2025

#CLS LEA2025

Recognising the excellence of the legal profession in Cambridgeshire

Join us on Thursday 27 March 2025 to celebrate our local legal profession.

Drinks Reception

Three course dinner with wine

Prestigious award ceremony

Charity raffle in aid of the Red Hen Project

Members:

£120

Non-Members:

£150

Date: THURSDAY 27 MARCH 2025

Venue:

KING’S COLLEGE, CAMBRIDGE

Drinks Reception: 6:30PM

Dinner: 7:30PM

Carriages: 1:00AM

Dress Code: BLACK TIE

PURCHASE TICKETS HERE: ANNUAL DINNER AND LEGAL EXCELLENCE AWARDS 2025 | CAMBRIDGESHIRE LAW SOCIETY

Our charity

Awards and Sponsors Platinum Sponsor

Drinks Sponsor

Sponsors

★ LIFETIME ACHIEVEMENT ★ FIRM OF THE YEAR

★ PROPERTY LAW TEAM ★ BUSINESS LAW TEAM ★ PRIVATE CLIENT SERVICES TEAM ★ IN-HOUSE TEAM ★ LITIGATION TEAM ★ INTELLECTUAL PROPERTY/IT LAW TEAM ★ EQUALITY, DIVERSITY & INCLUSION INITIATIVE TEAM ★ CRIMINAL LAW TEAM

★ TRAINEE OF THE YEAR ★ RISING STAR (<10PQE) ★ SENIOR LAWYER (>10PQE) ★ OUTSTANDING SUPPORT STAFF MEMBER

Thank you to our sponsors

MOVERS AND SHAKERS

Here is a round-up of the latest moves, promotions and achievements of Cambridgeshire Law Society’s members…

Thorley strengthens Buckles’ Contentious Probate team

David Thorley is the latest addition to Buckles’ rapidly growing Contentious Probate Team. David’s arrival means the team now has eight specialist lawyers across multiple office locations. David will be based at the Cambridge office. Following a long career in journalism and academia, he trained as a Solicitor at a London firm qualifying in 2022.

David’s background in research and journalism has helped him develop an appreciation of the complex issues at stake, and a pragmatic approach to advising clients on matters relating to contentious probate, trusts and inheritance disputes more generally.

Duncan Jackson, Buckles’ CEO commented: “I’m really pleased to welcome David to our firm, it is already clear he is another strong addition to our growing team. He is already developing a reputation for bringing a clear-sighted perspective to the cases he handles and his ability to explain complex legal issues clearly to clients, in language they understand.”

Ashtons Legal expands insolvency offering with the appointment of a new partner

Ashtons Legal has recently announced the appointment of Laura Hook as a new Partner in the firm’s Insolvency and Corporate Restructuring team.

Laura is based in the Cambridge office and will add further expertise to the dedicated insolvency specialists

at Ashtons Legal, who are widely known for their technical knowledge and responsive advice. The team is supported by corporate, property, employment and litigation lawyers who also provide specialist advice to clients facing insolvency related challenges.

Laura is recognised in the Legal 500 as being “responsive, easy to work with and highly professional”. Laura is also a valuable member of the R3 Personal Insolvency Committee, assisting R3 with all aspects of policy development and progress relating to the Personal Insolvency framework.

Fiona Stuart, Head of Ashtons’ Insolvency and Corporate Restructuring team says: “I am absolutely thrilled to welcome Laura to Ashtons. Laura is highly regarded by both her peers and her clients and is a key part to our continuing dynamic growth. I know she will be a pure joy to work with and will help build on the great work the team already delivers.”

Laura says: “I am thrilled to be joining Ashtons Legal as a Partner in the Insolvency and Corporate Restructuring team alongside Fiona Stuart. The opportunity to come in and build an insolvency offering in the firm’s Cambridge office was one I could not turn down.

Ashtons Legal is a law firm with values that align with my own. It has a passion for growth and an outstandingly positive, supportive, and collaborative culture that recognises the importance of investing in its workforce.”

Laura adds: “I am looking forward to building on my experience of working in the London and South-Eastern markets, and to developing and growing a talented team of legal professionals who share a passion for client focussed service.”

James Tarling, CEO adds: “I am delighted to welcome Laura to the Ashtons Legal team as we continue to invest in exceptional people who share our vision and values. Laura is joining a hugely successful and growing team within Ashtons and I look forward to supporting Laura and Fiona to continue this success in Cambridge and beyond”.

New family law Partner joins Howes Percival’s Cambridge office Howes Percival has confirmed the appointment of Family Law Partner, Chris Allen-Jones to its team in Cambridge.

Chris has nearly 30 years’ experience specialising in Family Law, particularly in high-net-worth divorce and financial matters, as well as advising on strategies for wealth preservation, primarily pre and post nuptial agreements.

He has also advised on disputes relating to children, including who children should live with, parental alienation, and internal and external relocation.

He is fully supportive of moves to resolve disputes outside of court where possible but is also known for dealing with the larger, more complex and difficult cases which often involve court.

Ashtons Legal Insolvency Team

WINS AND DEALS OF THE QUARTER

Mills & Reeve’s corporate team advise Forefront RF on £16m funding round Backed by existing investors BGF and Foresight Group, alongside new VC partners, Octopus Ventures and Cambridge Innovation Capital, the funding hopes to launch Forefront RF's groundbreaking technology that will revolutionise the smartwatch market. Based in Cambridge, Forefront RF’s technology will redefine how mobile devices manage complex RF environments, expanding next-gen connectivity solutions in the rapidly growing cellular wearable space.

The capital injection will enable Forefront RF to transition from an earlystage startup to a mature player in RF technology, gearing up for the 2026 launch of its first-generation product, the FFM51010.

Forefront RF’s technology is rooted in pioneering research by founder Dr Leo Laughlin. It empowers mobile device manufacturers to overcome printed circuit board (PCB) size limitations, while supporting more frequency bands with simplified, cost-effective designs. The company’s first solution is aimed at cellular-enabled wearables, where every millimetre of PCB is critical and expanding frequency band capabilities is essential.

By replacing bulky fixed-frequency filters and duplexers with a selfconfiguring tunable duplexer, Forefront RF enables devices to dynamically adjust to any required frequency, reducing overall component list and manufacturing complexity. This innovation not only saves valuable PCB space but also minimizes variants, reducing waste and enhancing supply chain efficiency, creating a win-win for manufacturers and their CSR goals.

Ronald Wilting, CEO of Forefront RF said: “Securing this Series A funding underscores the strong confidence our

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…

investors have in Forefront RF’s vision and market potential. With continued support from Foresight Group and BGF, and new partnerships with Octopus Ventures and Cambridge Innovation Capital, we’re well-positioned to scale rapidly from engineering prototypes to mass production.”

Zickie Lim, head of venture capital investment at Mills & Reeve, said: “This latest funding highlights the potential of Forefront RF’s transformational technology that will not only impact smartphone data connectivity but will enable a more costeffective and energy efficient production of wearable devices. Forefront RF is an excellent example of the world-leading technology companies that we advise on at all stages of their funding journeys and such businesses put Cambridge on the global map as a centre of technological innovation”.

Edward Inns of Cambridge Innovation Capital said: “Forefront RF has created a solution to one of the greatest bottlenecks in mobile data connectivity, based on a decade of advanced research and development. Cambridge Innovation Capital is delighted to partner with Forefront RF as it prepares to launch its highly differentiated product lines into the growing wearables market. We look forward to supporting the team as they scale to deliver global impact across billions of connected devices.”

Owen Metters, investor at Octopus Ventures, added: “We’re delighted to be supporting Forefront RF on their journey, and are really excited by the team’s potential. Their patented technology will revolutionise how mobile devices are designed, reducing complexity, and streamlining supply chains. The continuing proliferation of cellular-enabled devices means there is a significant opportunity for technology such as ForetuneTM.”

HCR Hewitsons advise on early-stage investment deals

HCR Hewitsons, led by Inger Anson, provided integral corporate legal advice on two significant early-stage investment deals this month, demonstrating their expertise and passion for supporting innovative, early-stage companies.

The team played a pivotal role in the £4million seed investment round led by Northern Gritstone in Silverray Ltd, the developer of an ultra-efficient X-ray detector technology, and supported PocDoc in raising €5.9 million in pre-A funding to support the company’s rapid growth and to advance its digital diagnostics technology.

The team’s strategic guidance helped secure funding to finalise the development of Silverray’s innovative DXF technology, facilitating the company’s launch in 2025 to industrial users of radiographic film. Their work with PocDoc also highlights the firm’s expertise in managing cross-border funding, navigating intricate legal and regulatory frameworks to help PocDoc secure its largest raise to date, financing the expansion of its digital healthcare platform. This funding will enable PocDoc to further its mission to revolutionize the provision of predictive and preventative services across the changing healthcare landscape.

HCR’s commitment to early-stage ventures is also demonstrated through the launch of Impact55, a brand-new programme designed to support Cambridge-based start-ups who are using technology to create a positive social or environmental change. The programme will award packages of legal support worth £25,000 to the winner and £10,000 to up to three runners-up.

YOU HAD ME AT “PRO BONO”

recently joined the CLS Committee as the CSR and Pro Bono Representative, which I think is an exciting opportunity to help our member organisations enhance their community impact. With unmet needs which are continually growing, I think now is the perfect time to refocus our efforts and explore how we can collectively contribute to our community.

Pro bono work is a cornerstone of the legal profession, offering essential services to those who cannot otherwise access legal advice or representation. While it rightly receives significant attention, it is important to recognise that it complements broader CSR initiatives.

Many of our member organisations are already deeply engaged in various CSR and pro bono activities, making significant contributions to the community. Whether providing free legal services, supporting local charities, or implementing sustainable practices, these efforts are commendable and reflect our legal community’s strong commitment to social responsibility. Your dedication not only helps those in need but also enhances our profession’s reputation as one that values justice, equality, and community well-being.

I have two long-term objectives in my new role. The first is to foster greater collaboration between organisations in the Cambridge legal community on initiatives. The second is to encourage organisations to use their non-legal expertise for the benefit of the local community. These changes will take time to take root but, in the meantime, let’s celebrate and share the excellent work our member organisations are already doing. Please keep us informed so we can highlight your efforts in future issues of this magazine!

Amplification through collaboration Community initiatives vary in size and complexity, and many larger

projects can be daunting for an individual or even a single organisation. Collaboration among our members can significantly amplify the effect whilst also reducing the burden on any one organisation. By pooling resources, expertise, and networks, we can tackle larger projects and address more complex community issues.

Initiatives do not need to be undertaken by one person or one organisation alone and using diverse specialisms across organisations could allow for a more comprehensive approach. For example, there is no reason why two lawyers from two different firms couldn’t join together to work pro-bono for a client, or create an entry-level template pack for new charities, to ease the burden between them.

While our private practice member firms might be competitors, CSR and pro bono initiatives are areas where we can put competition aside and collaborate for the greater good. Pitches or tenders for work might ask about pro bono efforts, but what better way to demonstrate genuine commitment than by working together? We want to facilitate these collaborations by acting as a central hub, helping organisations connect, identify potential projects, and share best practices.

Non-legal expertise

Many member organisations already encourage contributions through initiatives like ‘give a day’ schemes, often involving activities such as planting trees or litter picking. While these are certainly beneficial, the end user can gain a higher financial value when people contribute their specific, and often expensive, skillsets.

A significant asset of our member organisations is the diverse expertise of their professionals, extending far beyond legal knowledge. Using IT, finance, marketing, event management

and other expertise can enhance the beneficial impact to the community and the organisations we support.

Specialised skills within member organisations can address critical needs in the non-profit sector more efficiently than unskilled contributions. For example, an IT specialist spending a day helping a charity with database security could offer significantly more financial benefit than spending the same time on less expert work. Similarly, marketing professionals could assist in developing effective communication strategies, and finance professionals could guide non-profits on budgeting and fundraising.

Using professional expertise leads to more meaningful and sustainable outcomes compared to traditional ‘give a day’ volunteering. Offering strategic or specialised support creates longlasting improvements, empowering organisations to operate more efficiently in the long term. By utilising the full range of skills available, member organisations can drive significant positive change, maximising the impact of their CSR efforts and reinforcing their commitment to social responsibility.

Achieving our ambitious aims will take time and effort. We need a clearer picture of the work our member organisations are already doing and I am eager to meet with CSR and pro bono heads to learn more and explore opportunities for collaboration. If you are interested in a discussion, please get in touch with me (alex.curnow@ mills-reeve.com) or Penelope (admin@ cambslaw.com).

Additionally, please share examples and stories of your CSR and pro bono work with us. We would love to feature your efforts in future editions of this magazine so your contributions can inspire others and help us build a stronger, more connected community.

WHO’S WHO? KEALAN FALLON

Ihavevery recently joined the CLS committee as its Patent Attorney representative. Although I must admit to only being a part-qualified one (wish me luck for my finals in March!). I am excited to represent the patent attorney and wider intellectual property communities of Cambridge on the CLS. Having been involved in a surprising number of contentious cases over the past 3 years, I’ve really enjoyed working closely with solicitors on matters such as infringement, contracts, and licencing. I

hope I will be able to organise stimulating events of wide interest to all legal professionals during my time with CLS.

I’m a late joiner to the legal profession. After obtaining a PhD in Organic Chemistry from University College London, I was awarded a Fulbright Scholarship to research ultrafast spectroscopy at Harvard University and Columbia University in the City of New York. The global pressure of Covid kept me in academia a bit longer, supported by a Ramsay Trust Fellowship held at the University of Cambridge, where I bridged the chemistry and physics departments in the Optoelectronics Group of the Cavendish Laboratory.

I joined Appleyard Lees in early 2022, working in both the Chemistry and Engineering teams, leveraging my interdisciplinary background. I’ve taken a particular interest in the contentious side of IP, particularly opposition

CYPG UPDATE

n usual festive spirit the Cambridge Young Professionals Group hosted their sell-out annual wine tasting event on Friday 22 November 2024. The wonderful Steve from the Cambridge Wine Academy attended to guide us through the process, and Mills & Reeve kindly let us utilise their kitchen space.

We welcomed some new participants to our wine tasting this year with open arms (and it was my first year as a wine ‘pourer’ on the committee, which becomes increasingly difficult alongside participation in the tasting). We had six rounds of tasting, led by three volunteers each round to read out the key attributes of each possible answer. As always, there was an array of wine related team names, including

‘Sip Happens’ and ‘Put a Cork in it.’ There’s plenty of time to start thinking about your team name for next year if you didn’t manage to get a ticket in time this year!

There was a selection of cheese and biscuits on each table to enjoy with the wine, and the evening was topped off with pizza from Scott’s All Day in Cambridge. There was even some spare pizza for some lucky attendees to take home as a souvenir!

before the European Patent Office, and infringement and validity. This was partly how I discovered the CLS and have enjoyed engaging with the wider legal profession in Cambridge. I was honoured and very grateful to receive Trainee Lawyer of the Year award at the 2024 CLS Legal Excellence Awards.

Outside of work, I have wide interests that have led to some fun experiences. I was almost on the Great British Bake Off season 6 back during my PhD when I could get away with ditching the day job for baking. I had the pleasure of designing and dressing a set for a popular Netflix series – if you’re thinking of redecorating at home with a clandestine drug lab aesthetic, get in touch. I enjoy working with several other professional organisations including positions with the SCI Materials Early Career Committee and the UK-US Fulbright Foundation. I look forward to meeting you at a CLS event soon!

Our next event is the Christmas Quiz at the Cambridge Tap on 5 December 2024. Hosted by some familiar CYPG faces alongside a buffet and a couple of free drinks, the quiz looks to be a great event to get in the festive spirit. December is a busy month but we highly recommend booking this one into the calendar.

Finally, we will be in touch soon in relation to membership renewals for 2025. Keep your eyes peeled for further information. Make sure you spread the word to any new colleagues and friends, or anyone you know that is new to the Cambridge area. We are keen to welcome returning members back and we always encourage new faces to join also. We hope to have some exciting brand-new events in 2025, alongside the return of the popular classics.

If we do not see you sooner, then the committee wishes you all a Merry Christmas and a Happy New Year.

Kealan Fallon Patent Attorney Rep, Trainee Patent Attorney, Appleyard Lees IP

CAMBRIDGESHIRE LAW SOCIETY

LEGAL EXCELLENCE AWARDS 2025 CATEGORIES

AND CRITERIA

INDIVIDUAL AWARDS

★ 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.

* “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.

★ 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.

*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).

† “Lawyer” is defined as being a qualified barrister, costs lawyer, legal executive, patent attorney, trade mark attorney or solicitor.

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*

• WWith 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.

CAMBRIDGESHIRE LAW SOCIETY LEGAL EXCELLENCE AWARDS 2025

★ In-House Team 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?

★ 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.

★ 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 cross-division in their firms. IT specifically relates to IT contract work (including disputes) and is not intended to mean internal IT support.

★ Equality, Diversity & Inclusion Initiative of the 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.

★ 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)?

# “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.

★ Criminal Law Team of the Year

• With reference to a specific client matter, explain how your team has made a significant contribution (to your firm or business where appropriate).

• How has your team demonstrated technical legal excellence?

Entries to the Cambridgeshire Law Society’s Annual Legal Excellence Awards are now open.

We will email entry forms to all members of CLS, which are available on request from: admin@cambslaw.com

For all awards, your entry must not exceed 600 words. The deadline for entries is 5pm Monday 3rd February 2025.

Please submit your entry by email to: admin@cambslaw.com

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. Awards Criteria

The criteria for each award are set out against each award, but please note

• How has your team provided excellent client service in everything you do?

• How has your team achieved profitable growth (where relevant)?

• How have you demonstrated excellence in the past year?

that for team and firm awards the judging panel will take account of the relative sizes of the entrants in determining the winner.

Please note that the awards relate to work conducted within the area covered by the Cambridgeshire Law Society.

Qualifying Period

All entries must relate to the period from 1st January 2024 to 31st December 2024.

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 Thursday 27 March 2025.

Good luck to all entrants!

CON29DW: The Full Picture

Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.

So, what makes the CON29DW so unique?

Reliability:

You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water. Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.

Efficiency:

Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.

Expert Support:

The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.

The CON29DW also comes with robust terms and conditions to support conveyancers and their clients.

The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.

Whether you are acting for a residential or commercial property there is a CON29DW to help.

CON29DW Residential

l Answers to all 23 Law Society copyrighted questions on drainage and water.

l Includes two maps to illustrate the position of pipes.

l Includes five pages of homeowner information.

l Easy to navigate with interactive features.

CON29DW Commercial

l Comprises of 27 standard questions aligning with the CON29DW residential report.

l Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities.

l Enhanced T&Cs and Indemnity.

If you’re ready for the full picture, head over to the Geodesys website to get in touch or call on 0800 085 8050.

Their team is here to answer any questions you may have.

CJLD UPDATE

The Cambridgeshire Junior Lawyers Division (CJLD) remains committed to hosting monthly events to allow legal professionals living or working in Cambridgeshire to meet with each other, share experiences and form new friendships. We are incredibly proud of the vibrant community we have cultivated.

CHARITY BALL

This year, our CJLD & CYPG Charity ball was held at the Hilton Hotel in Cambridge. This is our most anticipated event of the year and was a roaring success. Everyone turned out in their finery and had a blast whilst raising funds for our chosen charities. We would like to shout out to all our amazing sponsors for the event who have helped us to raise £3,873 for Cambridge Cancer Help Centre and Cambridge City Foodbank!

A special thank you to:

l Ashtons Legal

l Cambridge Network

l Errington Legal Recruitment

l Mills & Reeve

l PEM

l Reed Specialist Recruitment

l Tees Law

l Woodfines Solicitors

Without the work and support of our sponsors, the event would not be possible. We look forward to next year’s Charity ball and hope you can join us!

CHRISTMAS

This year, we are certainly ending the year on a high with a full festive Christmas dinner at the Six in Cambridge.

We are all extremely excited and look forward to seeing new and familiar faces at the event as we say goodbye to 2024.

To our attendees, we are excited to see your festive jumpers and remember, we will be offering a prize for the ‘best’ jumper!

We will see you all again in 2025, with details of our January event to be shared once we have had our Christmas break. We will also release a schedule of planned events for the year in due course so members, keep your eyes peeled.

2024

Our October event was a spooky ghost walk around the scariest sights Cambridge has to offer and for November, our sponsor Errington Legal Recruitment kindly sponsored a networking drinks event. The feedback from both events has been incredibly positive, and we will be sure to do similar events in the future.

This year we have had a nice range of events including punting, darts, pizza in the park and a trip to a board game

café in Cambridge. We try to keep the events varied between mingling over drinks and snacks to activities that are more physically engaging.

One of our favourite events has most certainly been “Cork & Canvas,” where attendees were given a full guided painting session and inspired to create their renditions of Monet’s Water Lilies painting. A massive well done to everyone who attended, and we hope everyone has kept their painting and hung it somewhere sensible in their home…

We are also absolutely delighted that our mailing list and social media presence has grown significantly throughout 2024. Please do follow us on LinkedIn and Instagram and reach out to us about joining our mailing list (or membership…) at cambsjld@gmail. com for all the latest updates on our upcoming events!

COMMITTEE 2025

Thank you to everyone who has applied to join our committee for 2025. The deadline has now passed, and we will be reaching out to all applicants shortly.

You will be able to learn more about the new committee in the New Year at www.cambsjld.org/. Watch this space!

FINAL WORDS

Thank you to all of you who have attended our events this year, joined as members, and interacted with us on social media. It all goes a very long way and helps us grow this wonderful community.

And of course, a special thank you to our sponsor, Errington Legal Recruitment. Your support is appreciated as always, and it has been a pleasure working with you this year.

ONE TRAY SHORT OF A BAKER’S DOZEN: INJURY ON THE PRODUCTION LINE

COMMENTARY

This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are areas of expertise for which the orthopaedic surgeon’s ‘working knowledge’ may be sufficient, thereby avoiding the time and expense of instructing a further expert just as in cases where knowledge and experience of orthopaedics in general is sufficient and it is not necessary to instruct an orthopaedic sub-specialist.

LEARNING POINTS

l In a case where biomechanical or ergonomic issues may arise, it is advisable to explain your knowledge of the subject or subjects.

l Indicate that you will, if you consider it advisable, recommend the instruction of a biomechanical expert or ergonomist and, if appropriate, defer to them.

l Be in a position to give evidence about possible causation in specific situations relevant to the instant case.

l Be in a position to provide references to studies showing a correlation between load and injury.

THE CASE

The pursuer’s case was that she suffered loss injury or damage as a result of the defender’s fault and negligence. She was employed as a production operative at Mathiesons Bakery in Larbert. To succeed, the pursuer was required to prove that she was engaged in a manual handling operation, that there was a foreseeable risk of injury, and that she was injured by the operation.

HISTORY

On 31 May 2020, the pursuer was primarily engaged in work on the production line. On that day, she was instructed to collect twelve trays of cream for use on the production line. The trays were to be collected from a window next to the production line, which formed part of the sanitiser tunnel within the defender’s production plant. Each tray contained a ten litre bag of cream. Each tray was plastic and a little wider than the pursuer’s body. The pursuer picked up each tray at about hip or waist height and lifted it to almost level with her shoulders. Her arms were slightly extended in front

of her. The trolley was to the pursuer’s left hand side at 90 degrees to the window from which she was collecting the trays. The purser lifted around eight or nine trays and stacked them in turn on a flat trolley. The pursuer immediately felt pain in her back after lifting the ninth or tenth tray from the window. The pursuer continued to work and took all twelve trays to the production line.

The following day when the pursuer got up for work she was unable to get out of bed immediately and fell to the floor when she tried to do so. The pursuer was absent from work for three months and her symptoms resolved within six months.

SKILLED EVIDENCE

Her skilled witness was a consultant orthopaedic surgeon. His evidence was that, if the court accepted the pursuer’s evidence of lifting trays approximately 10 kg in weight from waist height to shoulder height on a trolley to her left resulting in pain in her back, he considered that to be a mechanism that could cause the pursuer to suffer injury.

The skilled witness explained that in the course of studying for the FRCS examinations, there were a number of modules on basic sciences including biomechanics dealing with the operation of the spine, lower limbs, hands, knees and arms. In his evidence in chief he agreed that there was a risk of injury if a female lifted a weight of 10 kg from a low height to shoulder height with her arms partly outstretched. This was evident from basic mechanics and how a load is applied. If a load is at close distance to the spine, if the arms are outstretched the load is further from the spine and the greater the loading on the spine as a result. Risk of injury could be reduced by reducing the load, the height, or the distance away from the spine. That would include not lifting as high or as heavy a load.

In cross-examination, the skilled witness said that the higher the load, the higher the relative chance of injury. He was not immediately in a position to provide references to a study showing a correlation between load and back injury, but referred to health and safety regulations which were very clear about load and risk.

SUBMISSIONS

So far as foreseeability was concerned, the defender submitted that the skilled witness did not give evidence about the threshold load for the risk of injury and did not give evidence about height and distance in relation to risk. It was submitted that the court required to have evidence about what lesser load and/or height would have avoided injury.

Counsel for the defender submitted that biomechanics and ergonomics are both recognised bodies of knowledge and are separate from the core specialism of the pursuer’s skilled witness, a consultant orthopaedic surgeon, notwithstanding that in the course of studying for the FRCS examinations, there were a number of modules on basic sciences including biomechanics. It was submitted that the issue really was one for an ergonomist which the pursuer had attempted to introduce but with which she had decided not to proceed.

DECISION

The sheriff, having regard to the skilled witness’s training in biomechanics, was satisfied that, in principle, and subject to the ground being laid in evidence, he was qualified to give evidence about risk of injury in carrying out lifting at least at the level of principle as to whether certain types of lifting activity carry foreseeable risk of injury. The problem, however, was that the sheriff was not satisfied on the evidence he heard that the skilled witness was in a position to give evidence about possible causation in specific situations. For example, at what carried weight would the risk of injury in a particular lift be more than de minimis; or again, how many repetitions of a particular lifting operation would give rise to a foreseeable risk of injury, and it was evidence at that level of detail which was wanted and required.

The sheriff’s finding was that the pursuer did not suffer loss injury or damage as a result of the defender’s fault and negligence.

Link to the judgment: www.scotcourts.gov.uk/media/ gmrpnrrk/2024scedin43-agnieszkaswierzko-against-mathiesons-bakerylimited.pdf

COMMON MISTAKES IN BUSINESS VALUATION AND HOW FHM FORENSIC ACCOUNTING CAN HELP

At FHM Forensic Accounting we are instructed on 50 to 60 business valuations each year. These can be needed for disputes such as divorce, shareholder disputes and commercial litigation. We also value businesses for commercial purposes covering issues such as share schemes, share options, tax planning and to assist in strategic and succession planning. I am an accredited expert witness and expert business valuer and a member of the UK Business Valuation Institute (BVI UK). As well as preparing valuation reports, we are often asked to review and on comment on valuations prepared by clients, accountants and other advisers.

Valuation is inherently subjective and when reviewing a valuation we must consider whether it is within a reasonable range. In this article we explore the common issues we come across when reviewing business valuations.

❚ WHY WAS THE VALUATION PREPARED AND WHAT WAS THE VALUATION DATE?

I start by considering the purpose of the valuation. For example, was it prepared for tax purposes, to win a business sale mandate or by a party to a dispute? Its purpose will determine the appropriate method and the selection of the key assumptions driving the valuation.

The report should specify the effective date of the valuation. Businesses are in a constant state of flux and valuations change based on business performance, future outlook and the wider economy. I will also consider if the valuer was independent and what valuation bases or standards they adopted. Typically, the company accountant is not sufficiently independent to provide a business valuation in a dispute.

❚ WHAT VALUATION METHODOLOGY HAS BEEN ADOPTED AND IS IT APPROPRIATE?

For trading companies, typically, the valuation will be based on capitalization of future maintainable earnings. The valuer assesses what they feel is a reasonable estimate of future EBITDA (Earnings Before Interest, Tax, Depreciation and Amortisation) and applies a multiple to this figure to give the Enterprise Value of the business. The multiple is broadly the number of years that an investor might expect to wait to get a return on their investment; a risky investment will attract a lower multiple. The Enterprise Value is then adjusted for long term debt and nontrading assets (including surplus cash) to give the Equity Value attributable to the shareholders. An example is shown below.

The key assumptions that the expert is making are A, B and D:

• The assessment of the future earnings, the EBITDA figure.

• The selection of the multiple applied to the EBITDA.

• The assessment of the adjustment for debt and surplus assets.

Our review will consider if the key assumptions are reasonable. A small change in, say, the multiple can have a significant impact on the valuation.

Whilst the capitalisation of future maintainable earnings is suitable for most trading companies that are providing a commercial return, there are other valuation methodologies that will be more appropriate in certain circumstances. For example, if the company has significant investments or investment property, a valuation based on its net assets may be appropriate. The business is valued without reference to future earnings. In this methodology there are fewer areas of judgement. An example is shown below:

+ Revaluation of property/Investments to

There are other methodologies that may be more appropriate or that could be used as a check. These include discounted cash flow, dividend yield, industry precedent and replacement cost.

❚ IS A MINORITY DISCOUNT RELEVANT?

The subject of minority discounts is complex but, briefly, a shareholding of less than 100% may be a simple pro-rata of the value of the whole business or may be discounted to reflect the rights and risks associated with the minority holding. It is unlikely that half the cake is in fact worth half of the whole cake.

❚ LIMITATIONS ARISING FROM INFORMATION DISCLOSED AND ERRORS IN COMPANY ACCOUNTS

In addition to assessing the contents of the report, the reviewer should also consider the potential impact of any limitations that the expert has encountered in their work. The expert should have explained the potential impact of any discrepancies in the information provided. For example, there may be concerns about whether there is undisclosed discretionary/non-business expenditure in the accounts. In this case, the potential impact on the valuation and future maintainable earnings should be outlined. If further information and analysis might resolve an issue then this should be explained.

Nowadays, a very small percentage of company accounts are subject to the scrutiny of an audit. In the last year I have identified significant errors in the accounts of three companies. These errors have had a major impact on my assessment of the valuation of the companies concerned. As business valuers, we do not undertake an audit but we will apply professional scepticism and look for telltale signs that the accounts may contain material errors.

❚ CONCLUSION

Business valuation is a mixture of art and science. It is subjective and I strongly recommend getting input from a specialist at an early stage regardless of whether the valuation is to assist in strategic planning, in respect of a dispute or other issues.

CONTACT DETAILS

fiona@fhmforensic.co.uk

+44 (0)7770 642491

www.fhmforensic.co.uk

PRELIMINARY (PRE-REPORT) EXPERTS’ MEETINGS

COMMENTARY

Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This case referred to a circumstance more commonly, or perhaps seldom otherwise, encountered in the Technology and Construction Court.

EXPERT EVIDENCE ISSUE

In this case reference was made to the usual practice in the Technology and Construction Court, of the experts being directed to meet on a without prejudice

basis before the exchange of their reports. The purpose of that direction is that it encourages experts to express independent opinions without any concern that they are departing from what they have already committed to writing in their reports, and that their reports will then be limited to the matters which are still in dispute. Although that ought to encourage briefer reports, experts not uncommonly end up explaining what they have agreed and why. Sometimes that is genuinely necessary in order to enable the court to understand the effect of the

agreements that they have reached, or to explain the areas of disagreement that remain. Sometimes it is, at best, unnecessary and, at worst, confusing. Which it is, is necessarily case specific.

LEARNING POINT

In a TCC case, where the experts are directed to meet before the exchange of reports, it may be sufficient to report no more than the identified points of disagreement but it does depend on the nature of the case.

Keith Rix

Deputyship and Statutory Will Applications: How does a probate genealogy firm help?

As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.

Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.

Here are some of the ways in which a probate genealogist can help:

1. Verifying Family Tree Information: We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.

The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.

2. Resolving Complex Family Scenarios:

In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our international expertise can assist in even the most complicated of family make ups, and wherever people may live.

3. Ensuring you are aware of P’s existing Will & financial assets Ensuring you know of any Will P may

have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.

4. Providing Evidence for the Court: The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.

INSIGHTS INTO THE RESEARCH PROCESS

A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.

CASE STUDY

At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.

Our research first confirmed that P had no children and was an only child.

Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.

During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.

As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.

Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.

Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance.

If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational.co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk.

CONQUERING THE EMAIL AVALANCHE

Managing your inbox can feel like a full-time job. The neverending stream of emails can be overwhelming and stressful, leading to anxiety and burnout from the pressure to respond quickly and stay organised. So why is it so hard to keep up with emails when you work in the legal sector?

Firstly, the sheer volume of emails can be overwhelming; with some emails requiring urgent attention because of deadlines, negotiations, or pressing questions. These emails need prompt and careful responses. Legal emails often contain detailed, complex information that must be thoroughly read and considered to avoid mistakes.

Secondly, there’s such a lot of administrative work involved in legal work. Most people working in the legal sector need to coordinate with other people, each needing different responses and follow-ups. One email can quickly turn into many more emails - an email avalanche. Every email must be carefully documented and filed for future reference to comply with legal standards, adding more work.

Thirdly, frequent interruptions and high workloads make it even harder to keep up with emails. When you are busy it likely that you have very little dedicated time for non-billable tasks like email management. This can result in a backlog of unread emails, or ones you have simply flagged to come back to later.

Tips for keeping your inbox under control

Understanding these challenges can help you simplify your email management, reduce stress, and respond quickly to important messages.

1. Set clear boundaries – You could set specific times for checking and responding to emails, rather than allowing them to interrupt your workflow throughout the day. For instance, checking emails at designated times in the morning, after lunch, and before the end of the day can help manage the influx without constant distractions.

2. Prioritise and categorise - You can use features like flags, labels, or folders to sort emails by urgency and subject matter. This way, you can quickly identify and address the most critical emails first, ensuring that urgent matters are not overlooked.

3. Use filters and rules - These can automatically sort incoming emails into relevant folders can save time. For example, emails from specific people can be directed to designated folders, allowing for easier tracking and follow-up.

4. Manage the inbox size - A cluttered inbox can be overwhelming and counterproductive. Regularly archiving old emails and deleting unnecessary ones helps keep the inbox manageable. Keep your inbox size small by moving emails to appropriate folders or archives, ensuring that only active and pending matters remain in the inbox.

5. Effective subject lines - A well-written subject line helps the recipient understand the email's purpose at a glance and can aid quicker and more efficient communication. It also helps if you need to search for the email again in the future.

6. Keep emails concise - Long, wordy emails can lead to miscommunication and take more time to read and respond to. Focus on the essential information and any required actions.

7. Ask yourself if it needs to be an email – We are all used to sending emails, but sometimes a phone call or Teams chat can be quicker and can save a lot of back and forth of emails.

8. Be careful about who you send emails to - Only include people who really need see them. When replying, avoid using "Reply all" unless everyone needs to see your response. This keeps inboxes less cluttered and helps make sure the right people get the right information.

9. Disable notifications - Constant email notifications can be a significant source of distraction. Turning off nonessential notifications allows you to focus better on the task at hand.

10. Use the 'two-minute rule' - If an email can be responded to in two minutes or less, handle it immediately. This practice, known as the 'two-minute rule', helps prevent minor tasks from accumulating and becoming overwhelming.

11. Set up an out-of-office message and voicemail when you're on holiday - If you're worried about being overwhelmed with emails, ask for important ones to be resent after you return, or consider saying you'll be back a day or two later than you actually are to give yourself time to catch up.

12. Checking emails at home – Again, only do this at set times instead of constantly looking at your inbox. This helps you keep a good balance between work and personal time. When you do check, focus on urgent emails first and save the rest for later. This way, you stay organised and avoid burnout.

As individuals, we can improve how we handle emails by setting clear boundaries, prioritising important tasks, using tools to automate repetitive tasks, and keeping messages concise. These steps can help us stay productive and reduce stress.

Workplaces also play an important role in managing emails and supporting employees' mental health. They should set clear rules, such as limiting emails outside of working hours and avoiding unnecessary "Reply all" messages. Encouraging good email habits helps employees focus on their work without feeling overwhelmed, prevents burnout, improves productivity, and supports a better work-life balance. Overall, good email management is key to creating a supportive and mentally healthy workplace.

LawCare

For more guidance on email management and other mental health and wellbeing tips, visit LawCare's website. LawCare also have a helpline open to anyone working in the legal sector in the UK. It’s free and confidential, and they are there to listen and support you, no matter what you're going through. Call LawCare on 0800 279 6888, email support@lawcare.org.uk or get in touch using the online chat on: www.lawcare.org.uk.

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.