CLBL Winter 2018/19 Edition by EPC Studio

light blue law Issue 83 Winter 2019

The Cambridgeshire and District Law Society Newsletter

CDLS C/O Ashtons Legal, Chequers House, 77-81 Newmarket Road, Cambridge CB5 8EU. Telephone: 07846 093035 Email us: admin@cambslaw.com Tweet us: @cambslawsoc and join our LinkedIn group CambsLawSoc.

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light blue law

CONTENTS

The Cambridgeshire and District Law Society Newsletter

4 Annual Gala Dinner & Annual Excellence Awards Invitation 5

President’s Page

Information

Looking at transparency - SRA

7 Are legal apprenticeships right for your firm? - Sarah Calder 8

SRA Transparency Rules - Law Society

9 8 Top Tips for success in your training contract 10 The Legal Recruitment Market and Brexit - Errington Legal 10 Looking ahead to 2019 - Errington Legal 11

Stamp Duty Land Tax – where are we now? - PEM

“Sex, Love and Money the Law that changes lives”

12 Cambridge without rough sleepers? - Julian Landy, Homes for the Homeless 13

CJLD End of Year Report - Sam Ash Croft

Expert Chartered Surveyors for Cambridge and the surrounding area

EXPERT WITNESS Expert witness reports can be provided by surveyors on a variety of issues. They are normally required in connection with disputes for use as evidence to identify the facts of the case. Matters covered by the reports could include value, building defects or boundary matters.

14 Pension planning – challenges and opportunities - Tilney

Often the report will be confined to the provision of a written statement or report but in some cases could include giving oral evidence in a court. In most cases the report will be prepared in accordance with Part 35 of the Civil Procedure Rules and for the benefit of the Court. It can be provided for either party to a dispute but sometimes the surveyor will be appointed jointly by the parties.

15 Book Review: A Practitioner’s Guide to the Court of Protection (4th edition) - Karl Dembicki

The surveyor will take a completely independent view as his duty is to the Court rather than either party. The report will follow the RICS Practice Statement & Guidance Note “Surveyors Acting as Expert Witness”.

13 2018 has flown by and what a year it has been - Charmaine Rolfe

Petersfields gains complete back-up from Quill - Quill 153 St Neots Rd, Hardwick, Cambridge CB23 7QJ 01223 955339 info@wardhoward.co.uk wardhoward.co.uk

22 Trying to source care in rural areas is difficult - Able Community Care 28

Cryptocurrency, bitcoins and divorce - Ensors

Advertising Simon Castell Laura Seymour Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk

Editor Penny Harrington

Accounts Fiona Evans

Marketing Denise Challener

Published Winter 2019

Design/Illustration/Production East Park Studio

Legal Notice © East Park Communications Ltd. None of the editorial and photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd and CDLS would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. or CDLS. Correct at time of going to press.

www.cambslawsoc.co.uk | 3

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President’s Page Karl Dembicki President CDLS

n March 22nd, we welcome our new President, Michael Frape, Chairman of Ashtons Legal and Law Society Council Member for Cambridgeshire and Bedfordshire. With his extensive knowledge of the legal sector in Cambridgeshire, and his impressive network, I have every confidence that CDLS will flourish under his leadership. As my own time as CDLS President draws to a close, I would like to thank the Committee and Penny Harrington, our Administrator, for their help and assistance during my term of office. It has been a huge honour and privilege for me to serve the society as President. As I reflect on my Presidency, I am pleased to see that several initiatives have been started or progressed. The campaign to save the Cambridge Magistrates’ Court was widely supported by our members. It was indeed a relief to learn in July that the Ministry of Justice (MoJ) was to withdraw its proposal to close the court. I met with Lucy Fraser of the MoJ in September and raised ongoing issues around legal aid and access to justice.

January is the month in which we typically look forward to the future and all that the new year has in store for us. One of the highlights of the year was to attend the opening of the Law Clinic at Anglia Ruskin University. It has been edifying to see the pro bono support that member firms have given to the clinic and those who would otherwise not be able to access justice. Among the various social events the society puts on during the year, one of the most enjoyable was meeting the trainee solicitors and new qualified solicitors at our Big Welcome event. Their enthusiasm and determination were palpable and I hope that CDLS will support them throughout their careers in our great city. We are updating our social media platforms to make it easier to keep in touch with our events. The Cambridge Law Lecture which we put on in conjunction with the University of Cambridge had seen fewer members attending in past years (last year it had to be cancelled). I am so pleased that our members turned out in force to hear Ayesha Vardag’s lecture on some of the most important family law cases of the last decade. We are now attempting to put together a series of CPD courses for our

members over the next 12 months. Any suggestions would be greatly welcomed by the committee. The Annual Dinner and Excellence Awards on the 22nd March at Trinity Hall promise to be a spectacular affair. Whilst not yet the ‘Oscars’ for the best and brightest lawyers in town, it promises to be a memorable and enjoyable evening. You should have now received your invitations and I do hope you are able to join me to celebrate the success of our colleagues and to welcome our new President, Michael and our National President, Christina Blacklaws. CDLS is an amazing organisation, and I am confident that if individual members and firms embrace it then the Society will continue to flourish, expand and build on the good work that it does in supporting and promoting those working within the legal sector in Cambridgeshire. Finally, thank you to my firm, Buckles Solicitors, for allowing me to take on the Presidency over the last 12 months and for their support.

INFORMATION Officers President Karl Dembicki, Buckles Treasurer Will Cowell, Miller Sands Vice - President Michael Frape, Ashtons Legal Hon Secretary Clare Pilsworth, Tees Law

Administrator Penelope Harrington CDLS

Other Committee Members Rebecca Austin Hewitsons

Meetings AGM 6th March 2019

Grace Brass Slater Gordon

Mills & Reeve Start 5.30pm

Chris Claxton-Shirley Tees Law

Committee 6th March 2019

Lauren Coote Greenwoods Jackie Jessiman Fraser Dawbarns

Mills & Reeve To follow AGM

Richard Lane Thomson Webb & Corfield

EVENTS 2019

James Marsh Tees Law

22nd March 2019

Phoebe Osborne Ashtons Legal Oli Worth Birketts

Annual Gala Dinner & Annual Excellence Awards, Trinity Hall, Cambridge, CB2 1TJ Drinks from 6.30pm Dinner 7.30pm Black Tie

www.cambslawsoc.co.uk | 5

Looking at transparency

Anna Bradley Chair of the SRA Board

ello Cambridge & District, and a Happy New Year to you all. I am Anna Bradley and I am the new Chair of the Solicitors Regulation Authority Board. I have taken up the reins from Enid Rowlands, who I know looked forward to the opportunity to write for you all. I’m honoured to be passed that baton. As the new Chair of the Board, I am looking forward to making a difference to how people think about legal services, so they can find the service they need at a price they can afford and the sector can grow and develop.

‘We have published guidance, templates and further information on our website to make life easier for you.’

In her last column, Enid spoke about the Price Transparency Rules, which have since come into effect. The rules are part of our work to bridge the gap between the nine out of ten people who need legal services but never access solicitors or barristers, and you, the people best placed to help them. To recap, we have asked you to publish information on prices you charge and what these cover across a number of common services. If you provide services to members of the public, we want you to give information on conveyancing, probate, motoring offences, employment tribunals (claims for unfair or wrongful dismissal) and immigration (excluding asylum). If you count businesses among your clients, this should be debt recovery (up to £100k), employment tribunals (defending claims for unfair or wrongful dismissal) and licensing applications for business premises. We have published guidance, templates and further information on our website to make life easier for you. We are certainly not trying to tell you what to charge or what pricing models you should use. And we are not suggesting that you would be committed to a specific price before you have even spoken to a prospective client. The information is simply to help people understand the basis on which they would be charged and give them an indication of the costs you are likely to charge for a typical case. We are clear that a more detailed discussion with the client about their specific matters and what you do and what you charge would always be needed at the point of engagement. I hope some of you have considered using our new digital badge? Firms asked us for something they could use to show people what sort of consumer protections they get from using a regulated firm, so we worked with the public and the profession to develop a new badge. It’s 6 | www.cambslawsoc.co.uk

voluntary at the moment but we will make it mandatory next year, so that consumers can be really clear about what they are buying. Taken together, the extra information and the new badge will help people to engage with confidence. It will make law firms and their services less puzzling and much, much more accessible. I know that many of you are already providing good information for future clients, not least because it gives you a competitive edge. For those of you with more to do, my message is jump in and realise the benefits. Good information is good for firms as well as for the people needing legal services.

Are legal apprenticeships right for your firm? Sarah Calder Law Clinic Director

ollowing a piece in the Spring edition of Light Blue Law, written by the Law Society Relationship Manager for this region, Jack Dunkley, which explained a little about these legal apprenticeships we started making enquiries of some of the volunteer lawyers involved in our Law Clinic to find out who was offering them, why and could we support this is any way. Interestingly, we are only aware of one local firm that is training legal apprentices and that is Ashtons Legal which has 4 apprentices at the moment. The firm, which has a total workforce of 357, also has 6 current trainees. They first started to explore the apprenticeship route to qualification in September 2016 when the local CILEx manager contacted them to suggest it; their CEO had heard about the scheme and wanted to give it a try. Ashtons already had a range of ways that their staff were working towards qualification:

As an educational institution with a keen eye to innovation and responding to developments in the legal environment, we at Anglia Ruskin University have been exploring legal apprenticeships and how they might fit into the local legal picture and our offering to local firms.

report and pay your levy to HMRC through the PAYE process. If you are a levy-paying employer, you can create an account on the apprenticeship service to: • receive levy funds for you to spend on apprenticeships • manage your apprentices • pay your training provider The maximum levy funds per apprentice are £30,000 over 6 years. In Ashtons’ case, for each apprentice they pay £3,000 each year and the rest is made up from the apprenticeship levy pot. There is also a provision for the firm to claw back costs if the apprentice leaves during the apprenticeship period.

• training contracts • full CILEx route • graduates coming in as paralegals/admin support and looking to qualify via either of the above routes and apprenticeships just added another strand. As a firm, they have mainly identified suitable staff members and suggested an apprenticeship to them, the advantage being that they can pick people who embody their core principles and who they would like to keep long-term. The first apprentice they appointed had a non-law degree so going down the apprenticeship route avoided the need for them to do a conversion course. They are now in their 3rd year of their apprenticeship. They use the apprenticeship levy to fund their apprentices. If you are an employer with a pay bill over £3 million each year, since 6 April 2017 you have been required to pay the apprenticeship levy and you

From the firm’s perspective, the administration of the scheme is not overly onerous; at the outset, the apprenticeship contract has to be set up and there is the ongoing management of the apprenticeship levy account. The apprentice’s tutor will visit the firm at least once a year to ensure that everything is going smoothly and the firm covers the cost of academic books which totals around £300. Apprentices must be given experience of three different disciplines as part of their apprenticeship but this has proved a very effective method of learning as apprentices experience an area of law first-hand, in practice, at the same time as they are studying it academically.

The only real disadvantage of running the apprenticeship scheme for Ashtons has been managing cover for the one day per week when apprentices are on study leave but this is more a case of managing workloads than anything else. Also, colleagues need to be conscious that apprentices have a lot of academic work that they have to do outside of work and awareness of these additional pressures is important. As a firm planning to expand apprenticeships of this kind, Ashtons has indicated that they would be very interested in a local institution offering the academic element of the apprenticeship as it would cut down on travel expenses and time for their apprentices. As an academic institution, we would be extremely interested to hear the views of other local firms, whether they have their own apprentices, have considered getting involved with the apprenticeship scheme or who would simply like to know more about this method of qualification. At the suggestion of the President of the Cambridgeshire Law Society, Karl Dembicki, we would like to invite interested parties to a symposium hosted by our Law Clinic so that we can explore this innovative area of legal education in more detail. If you would be interested in attending, please contact me and we can schedule a suitable date to meet.

Sarah Calder Law Clinic Director Anglia Law School Anglia Ruskin University 01223 698497 sarah.calder@anglia.ac.uk

www.cambslawsoc.co.uk | 7

SRA Transparency Rules Sarah Brodie Law Society policy adviser So what is required? The SRA Transparency Rules mandate that firms must publish price and service information on their websites (or on request if a firm doesn’t have a website) for the following areas of law: Individual clients - residential conveyancing, probate, immigration (except asylum), road traffic offences, and employment tribunal claims (unfair/wrongful dismissal); Business clients - employment tribunal claims (unfair/wrongful dismissal), debt recovery (up to £100,000), and licensing applications for business premises. For the specified areas of law, firms are required to publish the: • total cost of the service (or the average costs or range of costs); • basis of your charges; • experience and qualifications of anyone carrying out the work; • likely disbursements (and whether they attract VAT); • services included in the price stated (including key stages of the matter and likely time frames); and • if conditional fee or damages-based agreements are used, the circumstances in which clients may have to make any payments themselves for your services. All firms, regardless of area of practice, will also need to publish details of their complaints procedure and display the SRA’s digital badge. The digital badge is now available for firms to use but display of the digital badge will not be mandatory until Spring 2019 (date to be confirmed). While the rules impose additional burdens on firms, it is possible to make the SRA’s required changes work for you rather than against you. The Law Society has put out a Practice Note on how you can comply with the new minimum requirements, but we’ve set out some key tips below. Make your website an effective tool You may need to review the suitability of your firm’s website provider as information which you are required to publish could require updating or changing on a regular basis, particularly if you are publishing detailed hourly rates or the cost of disbursements change (e.g. court fees). Some website providers and administrators will allow changes to be made by you or your firm directly, and some may not. You will need to ensure that you have the capabilities to 8 | www.cambslawsoc.co.uk

On 6 December 2018, the SRA Transparency Rules came into force requiring law firms to publish certain price, service and regulatory information. Sarah Brodie (Law Society policy adviser) outlines the detail. change information as necessary. Differentiate your firm It is important for you to demonstrate the value that clients get from using your firm and your experience and expertise across relevant practice areas. You are required to publish the services included in the price displayed, including the key stages of the matter and likely timescales. Use this to your advantage and be clear about the range of services you are providing. It may be the case that a firm prices their services lower than yours, but does not offer the range of services you do. The new rules are minimum requirements. You are therefore free to publish further information on your website if you wish to do so. For example, you could provide customer testimonials or any relevant industry publications. Be clear about the price you are publishing The Transparency Rules aim to ensure that the consumer has sufficient information upfront to provide a good indication of the likely costs. If you are publishing an average cost it should be clear that any prices shown are only estimates, and that a full case specific quote or estimate can be obtained by contacting you. If publishing a fixed fee, you should be clear about what the price includes and excludes. You should also ensure that where you set out a price for your service, you set parameters on the nature of the problem you are advising on in that scenario. This will help a client to judge how your services may be priced in relation to their own matter. You should also list factors that could increase overall costs.

Make your information easy to understand and accessible You are required to publish cost information in a clear and accessible way, and in a prominent place on your website. To make your information more readable to clients you should: • keep content as brief as possible; • avoid jargon and use plain language; and • display cost information as ‘close’ to your homepage as possible (no more than two clicks away). A version of this article was published in the December 2018 edition of the Law Society’s Civil Litigation Section newsletter. For similar articles, events, webinars, practical support and tailored guidance, join the Law Society’s Civil Litigation Section. Find out more here: communities.lawsociety.org.uk/civillitigation/

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8 Top Tips for success in your training contract Chris Claxton-Shirley Solicitor, Tees Law

1. Grow your professional network Start to develop your professional network both within your firm and externally as soon as possible. Your firm will likely have internal committees you can join or support and externally there are many ways to get involved including through the National Junior Lawyers Division, Local Junior Lawyers Division and Young Professionals Groups. External committees are elected at various points over the course of a year and taking on a committee position is a good way to make contacts at other firms. Of course, lawyers interact with a wide range of professionals so you should seek to develop your network beyond other legal professionals. Other professionals will be a vital source of referrals once you have an established relationship.

2. Use social media Consistently use social media to engage with other professionals and support the marketing activities of your firm. LinkedIn and Twitter are perfect places to start to develop your network. I have made many professional connections through social media which have developed into strong friendships. Remember that you must follow your firm’s social media policy.

3. Attend events As a trainee you will likely be invited to many networking events and presentations – do your best to attend as many as possible. It is good practice for life post-

So, you’ve been through the recruitment process and been offered a training contract? Congratulations – it’s a milestone achievement! Here are my top tips for success (even if you haven’t yet obtained a training contract).

qualification where you will be taking more of a leading role (or so I am told!). Keep a list of all the events you support and make sure your training supervisor knows the contributions you are making – you want to be recognised for your work.

4. Make the most of every seat



Have an opinion on what is going on in the world and be able to engage with those around you. There is more to each of us than the job we do.

Invariably you will enjoy some of your seats more than others. However, try to soak up as much knowledge and experience from each department as you can. As you progress, you will find a good understanding of different areas of the law invaluable. Although qualifying into property was not for me, a knowledge of this area of the law is essential for my NQ position in private client.

5. Consistently seek feedback During your training contract your work will be checked by your supervisor. You should make sure you ask for feedback on the tasks you complete. If work you have completed has been changed, make sure you understand why so that next time you can improve. I have found it particularly useful to keep a list of precedent documents I have prepared for each of my seats - this meant that next time I was asked to do a similar task it was slightly easier.

On the flip side, BPP and the University of Law are always looking for mentors to help their students and at the moment they are accepting trainees as mentors. I am involved with both schemes and it is extremely rewarding to mentor a student and watch them develop over the course of the year. It is also developing my skills as every student is different and requires differing levels of support.

7. Be interesting Have an opinion on what is going on in the world and be able to engage with those around you. There is more to each of us than the job we do. Having a wide variety of other interests will give you things to talk about with your colleagues and clients beyond the law.

8. Make the most of it! A training contract is a long journey of development. Some days will be better than others (this is true of any job) but you have worked hard to get the opportunity so don’t let the experience pass you by. You don’t want to look back and wish you had done more.

Good luck!

6. Mentoring – get involved If your firm offers a mentoring scheme for trainees then sign up. Having someone within the firm who is not supervising you but who you can raise any issues with in confidence is very useful. www.cambslawsoc.co.uk | 9

The Legal Recruitment Market and Brexit Eleanor Sidgwick Managing Director Errington Legal

ortunately, we have noticed very little change to hiring patterns in general. We have however seen an increased requirement from our in-house clients for qualified hires - this may be because in-house legal teams may have to manage increased workloads in preparing for all eventualities. Recently (Nov/Dec 2018) we have picked

Following the decision to leave the EU in June 2016 there was initial concern over how the legal jobs market may react.

up on a similar market reaction following the news that Theresa May had negotiated a deal to leave; again, the decision to delay her parliamentary vote led to an increase in the hiring of in-house solicitors, but no change in the hiring patterns of private practice. During this politically turbulent time we appreciate that the jobs market for our

candidate is of upmost importance and we are pleased to report that we have not noticed any decrease of opportunities in the locations that we work in. Of course, much will depend on what is decided over the coming weeks and months, naturally nobody can be certain of the impact Brexit might have.

Looking ahead to 2019 Sean Dodsworth Senior Consultant Errington Legal

The Cambridge market in a snapshot In particular, teams across Cambridge have been adding breadth to their skill sets to offset any uncertainty. We have seen senior appointments not only across Corporate/ Commercial focused teams, but also across Employment, Property and similarly related practice areas. Cambridge business and practices are looking for experienced in-house solicitors, senior corporate lawyers, real estate lawyers at all levels, and most notably perhaps for private client lawyers, particularly at Director level. So whether you are looking to find your next career move, or to bolster your team, what should you be looking out for?

Looking at moving in 2019? It is not always possible to anticipate the effect of change, especially given current uncertainty. In 2018 Errington Legal recruited for a large number of in-house 10 | www.cambslawsoc.co.uk

Many are wondering what 2019 will hold, how best to prepare and what opportunities to lookout for. With the Cambridge market boasting significant investment, and businesses both global and start-up leading in their field, the city’s legal teams, whether in-house or private practice, are gearing up for a busy year with unknown change ahead.

roles, but recently within private practice the emphasis has been on senior and partnership positions.

share and fees, not to mention a PR boost. So why aren’t you doing it already? Because making a successful lateral hire is difficult.

In some firms, due to internal structure, it can be difficult for Senior Associates or Senior Solicitors to achieve partnership. For those in this position the legal market is looking particularly buoyant. Errington Legal have been instructed by several leading firms and businesses to work with them on senior level hires over the coming months. Some of these opportunities have arisen due to growth, and others for the purposes of succession planning.

There are many factors to a successful lateral hire - not least an investment of time and money - considerations of specialism, following, culture, longevity, expectations vs prior performance, and whether you need that person’s team as well.

Additionally Errington Legal have extensive experience of working with candidates who are already salaried/equity Partners and can offer support and expert guidance (including working with any restrictions).

Should you be considering Lateral Hires? Lateral hires offer more expertise, market

Where lateral hires are made consciously, proactively, and as a result of a defined strategy, there are benefits across the board. As your firm grows organically as a result, you may find it’s soon time to think about lateral hires again. Just make sure you have a plan.

Errington Legal is a legal recruitment specialist. If you would like a confidential, tailored discussion about how we can help you, please get in touch on 01223 803813.

Stamp Duty Land Tax – where are we now? Jude Pederzolli Director, Business Tax PEM

or example, the purchase of a £600,000 house with an annex and land could potentially have an SDLT liability of anything between £10,000 to £90,000, depending on the purchaser’s circumstances and the precise nature of the property. As well as 3% surcharge issues, two other keys areas of confusion are (i) when do the mixed use (non-residential) rates apply and (ii) when does a transaction involve more than one dwelling. This is considered in more detail below.

Mixed use The great disparity between the residential and non-residential rates means some purchasers are looking to claim that their property is “mixed use”. Traditionally large areas of land were thought to be more than areas “subsisting for the benefit of the dwelling” and so mixed use rates could be claimed. However, HMRC have hardened their position on this and often state that in the absence of an identifiable commercial use, all land sold with a dwelling will be treated as residential. Therefore you would need to look for evidence of commercial use, such as formal grazing licences or agricultural tenancies, which would prevent the purchaser being able to enjoy the land. It is still unclear whether this applies if the land does not adjoin the dwelling but HMRC have been known to challenge mixed use in some of those cases as well.

There have been significant changes to both the SDLT legislation and HMRC’s approach to the application of the rules. This can often leave both advisers and taxpayers uncertain as to how a transaction should be treated for SDLT purposes.

Another area which previously caused confusion was where garden land was sold by a householder to a developer. HMRC stated in a note released after a meeting with the Stamp Taxes Practitioners Group in June 2018 that this would be treated as residential (although the 3% surcharge would not apply in the absence of a dwelling), although a subsequent sale by the developer might be treated as nonresidential.

Multiple Dwellings Relief (MDR) MDR is available where more than one dwelling is purchased in a single or linked transactions. The SDLT is calculated on the average price of each dwelling, then multiplied by the number of dwellings, thus giving access to the lower rate bands for each dwelling. In recent years there has been a surge in retrospective MDR claims, asking for refunds of SDLT. Understandably this has caused HMRC to enquire into many claims to ensure that the relief is genuinely available. In some cases it can be difficult to pin down whether a purchase consists of more than one dwelling and it is not clear which factors are more important to HMRC in determining the position. Some questions raised in HMRC enquiries point relate to the physical characteristics (kitchen and bathroom facilities, separate access and separate utilities), whereas others focus on use (Council tax registration, previous letting. Each case needs to be examined on its own facts.

15% rate for higher value dwellings bought by companies Finally, although most residential property is likely to be purchased by individuals, where a company is a purchaser there is the potential for the penal 15% flat rate to apply. This rate applies where a company (or a partnership with any corporate partners) buys a “single dwelling interest” for over £500,000 and the company is not eligible for any of the available reliefs. Many purchases are for the purposes of a rental business or for property development and usually these will qualify for relief, although it is always worth getting advice to ensure all the conditions for relief are met. However, there is a nasty pitfall associated with both of these reliefs – if the property is occupied by a “non-qualifying individual” within 3 years of the purchase date then the relief is clawed back and the full 15% rate applies. Such an individual is typically a shareholder of the company or one of their family members. This applies even if there is a genuine commercial reason for occupation or if the individual is paying market rent. HMRC are not known to apply any discretion to such situations and this results in a hefty SDLT bill. As SDLT is now more complex than ever it is important that purchasers seek advice to ensure they pay the correct amount of SDLT and claim any reliefs they may be entitled to. Please contact Judith Pederzolli at PEM (jpederzolli@pem.co.uk) for more details. www.cambslawsoc.co.uk | 11

“Sex, Love and Money the Law that changes lives” Jackie Jessiman Senior Associate Legal Executive Fraser Dawbarns LLP

yesha is a leading Family Lawyer with a team of lawyers who are second to none in their dedication to “find a way” for their clients. Resulting in changes in family law with Supreme Court cases such as Radmacher v Granatino the leading case for nuptial agreements. Ayesha expertly provided an insight into the intricacies of dealing with the many different aspects of family law relating her own experiences to those which she has advised upon over the years. In a packed auditorium, the lecture began with the most historical of family

On Tuesday 20 November 2018 we were delighted to welcome “The Diva of Divorce” - Ayesha Vardag who presented a family law lecture entitled "Sex, Love and Money - the Law that changes lives" which took place at Cambridge University the Faculty of Law. A most captivating lecture and one that informed and fascinated even the most experienced of Family Lawyers among us. law cases - that of King Solomon in – The Judgment of Solomon where the King was tasked with deciding which of two mothers presented to him was the true mother of a child. Although the decision was made on a “knife edge” (literally) the true mother agreed to allow the other mother to be given the child through fear of his death. Everyone was amazed when they heard how Solomon had made his decision to judge fairly. It was a remarkable insight into family law albeit more than 1000 years ago. The lecture continued to look at how Family Law has developed particularly in the past 20 years guiding

Cambridge without rough sleepers? T

onight and every night there are between 105 and 115 people sleeping on the streets of Cambridge. They are all normally residents of the city or the necklace villages. They are almost entirely not the beggars that fill our streets. We live in the richest city in Britain after London in terms of income per head. How can this be happening? In terms of rough sleepers per head of population, Cambridge has the second worst problem in U.K., after Liverpool. There are several very worthwhile charities and agencies doing their best to ameliorate the problem. Frankly, they are beyond criticism - but they largely offer a sticking-plaster solution. A bed for the night or several nights. A hot meal and breakfast. None as yet offer a permanent home for the rough sleepers. The honourable exception is Emmaus. This charity however, requires rough sleepers to commit to communal living and is selective. There is an answer. It is based on a

12 | www.cambslawsoc.co.uk

us through many familiar cases which have shaped the law and as the title suggests that “changes lives”. Although the facts of the cases were well known to many some of the finer lesser known details such as one Judge measuring up a bathroom personally to ensure his knowledge of a case in specific detail was also revealed and kept the audience both entertained and enraptured. Our thanks to Ayesha for such an alluring lecture and one which will be talked about in Cambridge for many months and no doubt years to come. CDLS are grateful to Tilney our sponsors for the evening.

Julian Landy Homes for the Homeless ten training flats. With the average stay of six months in a training flat it should result in almost all the present rough sleepers permanently housed within five years. When they leave the training flat they move to other accommodation, also provided by a housing association.

concept called “Housing First”. This is a simple idea. You give the rough sleepers a home of their own (usually a bedsit or a onebedroom flat), plus 24/7 support in health, welfare and training. It has been operational in Cambridge for five years and is hugely successful. 82.6% of those going through the programme are still off the streets after two years. This is the best success rate in this country, where similar schemes are running in many cities. The operator is the County Council and till now they have run just two training flats, provided by a housing association. Homes for the Homeless aims to increase this to

Almost all rough sleepers leave the streets very sick. With ordinary illnesses and often with addictions. If they are willing all these problems can be addressed and usually resolved. They can be brought back into civic society remarkably quickly. You and I would never know the suffering they have endured. You, your firm and the profession as a whole can help with your generosity now and for the future. The fund is administered by Cambridgeshire Community Foundation, a registered charity and details of how to donate can be found on their website, www.cambscf.org.uk. Be generous. The present situation does our city no credit. It can be improved, with your cash.

CJLD END OF YEAR REPORT Sam Ash Croft Trainee Solicitor Mills & Reeve LLP

uring November and December we hosted two more events. In November we held an event of contrasts. We were chilled by the spooky stories (as well as the wind and rain!) during a ghost tour of the historic sights of Cambridge and then warmed up again by tapas and cocktails at La Raza. Many thanks to everyone who braved the weather to come out. Our final event of the year was then a drink and canape evening at Novi. This provided a perfect opportunity to meet the new committee. Highlights of the year have included a brilliantly run ball (organised together with the Cambridge Young Professionals Group), a raucous pub quiz, a picturesque evening out punting and much more. We have also managed to raise over £1,000 for Cambridge Rape Crisis Centre during the year! We can’t wait to see what ideas the new committee will bring and look forward to seeing you at their events.

The end of 2018 brings with it the end of the tenure of this year's CJLD committee. It has been a busy year. Read on for an update of the last events of the year and a run-down of some of our personal highlights.

chevron-circle-right For the record, our newly elected Committee consists of:

Alexandra Walker of Taylor Vinters (Social Secretary)

Amy Virdee of Taylor Vinters (President)

Ben Wilcock of Mills & Reeve (Social Secretary)

Beth Webb of Mills & Reeve (Vice President) Sophie Walmsley of Tees Law (Treasurer) Natalie Bell of Mills & Reeve (Social Secretary) Caitlin Shevin of Kennedys and BPP (Social Secretary) Simon Cummins of Mills & Reeve (Social Secretary)

CJLD events create opportunities to make friends and have fun by bringing together junior lawyers, young professionals, and students. We are also able to offer members discounts on certain Cambridge brands. If you are a Trainee, Legal Executive, Paralegal, NQ or Law Student in Cambridgeshire we hope you will take advantage of these opportunities

Arran Firth of Kennedy’s (Publicity Rep) Jessica Cherry of Mills & Reeve (Publicity Rep) Abigail Pearse of Mills & Reeve (Education Rep) Chandrash Damodaran of Anglia Ruskin University (Education Rep)

and join us. If you would like to find out more about the CJLD or wish to become a member, please do not hesitate to contact us at cambsjld@gmail.com. We look forward to seeing you at our events soon. For detailed updates of upcoming events, please visit our website at cambsjld.org.uk and our twitter handle @CambsJLD.

2018 has flown by and what a year it has been This year has seen a fantastic growth in membership not to mention the many sold out events throughout the year. Charmaine Rolfe Co-Chairman of CYPG

he last three events of the year saw the return of our bowling, wine tasting and Christmas Quiz events which were as popular as ever. 2019 will see the return of many of our popular events throughout the year with some new additions too. To kick start 2019, our first event of the year will be our curry night which will take place on 24th January. At this event we will ask our members to ratify the committee and vote for our charity of the year.

We would like to take this opportunity to thank our members for their continued support and we look forward to seeing them throughout the new year.

For those wishing to join CYPG, or renew their membership, please contact our Membership Secretary Danni Belbin on Danni.Belbin@mills-reeve.com www.cambslawsoc.co.uk | 13

Pension planning – challenges and opportunities Nick Geere FPFS, Chartered Financial Planner, Managing Partner Tilney

The pension landscape has changed dramatically over the last few years, prompting many enquiries from both clients and their legal advisers. With changes to the annual and lifetime allowances, as well as the Inheritance Tax treatment of pensions, in this article we look at a number of challenges and opportunities which must be considered when planning for a financially independent future.

Making full use of the annual allowance Firstly, the annual allowance is the maximum that can be contributed into a pension across the tax year – it is currently £40,000 (although you cannot contribute more than your annual earnings). For higher earners, this level is tapered and reduces to a minimum of £10,000 for people with more than £210,000 of income. If the annual allowance has not been used up in the previous three tax years, it could potentially be carried forward once the current year’s annual allowance has been used. For those with final salary pensions, calculating the level of contribution is complex which can sometimes mean those with long service or changes to circumstances (such as a promotion) can suddenly find themselves with an unexpected tax charge. There can also be issues for those who cannot accurately predict their income for a given year such as Partners. Attempting to maximise pension contributions can become like trying to hit a moving target!

Avoiding a lifetime allowance tax charge The lifetime allowance is the maximum that can be accumulated in pension savings before a tax charge arises. This limit is now £1.03 million after increasing by CPI inflation in April 2018, but has otherwise been subject to a number of reductions since its introduction in 2006. There are forms of protection available for those caught by the previous reductions. It is not uncommon to come across clients who have not realised they have an issue with this until it is nearly too late to take action. For example, someone with a final salary scheme paying little more than £50,000 per year could have an issue. 14 | www.cambslawsoc.co.uk

such a strategy, but maintaining the right level of liquidity is also important. Careful planning can allow you to make the most of your personal allowance, savings and dividend allowances and Capital Gains Tax annual exemption to name a few. Alongside these, ISA portfolios provide taxfree access to income and capital and there might also be a case for using tax-deferred withdrawals from investment bonds. Often, the first reaction of a client will be to do everything they can to avoid the tax charge arising – this can be up to 55% of the excess depending on how the benefits are structured. However, this may not always be the most effective strategy since, depending on their wider circumstances there could be the possibility of minimising other taxes, most notably Inheritance Tax.

Opportunities to save Inheritance Tax One of the opportunities presented by recent changes to pension legislation is to consider which assets should be used first to provide an income. A pension fund will now normally pass on free from Inheritance Tax, so using other assets first can be an effective means of mitigating the effects of tax on the estate.

With all the planning in the world, it is still important to ensure that the underlying investment strategy remains appropriate, so that the right balance is achieved depending on when different assets may need to be accessed in the future.

Advice is essential For all of these reasons, getting the right advice is critical to secure future financial independence with the least tax impact possible. To find out how a financial planner could help you or your clients, please contact Nick Geere on 01223 452863 or nick.geere@tilney.co.uk.

Other options for taking a tax-efficient income Once upon a time, the default position might have been to buy an annuity to generate a guaranteed income for life, which could have been index-linked and would provide a high level of long-term security. However, there is now a myriad of options for generating income tax-efficiently by careful use of the available tax allowances. Arranging assets in a broad-based manner provides the widest range of options when it comes to retirement. Many clients will be attracted to property as an asset as part of

EXCLAMATION-CIRCLE Important information The value of an investment may go down as well as up, and you may get back less than you originally invested. This article does not constitute personal advice.

A Practitioner’s Guide to the Court of Protection (4th edition) By Martin Terrell, Caroline Bielanska, Justin Holmes and Richard Frimston ISBN: 978 1847669445 Bloomsbury Professional www.bloomsburyprofessional.com

Karl Dembicki President CDLS

he third edition of A Practitioner’s Guide to the Court of Protection published in 2009 proved itself to be the vademecum for professionals working with some of the most vulnerable members of society. This 2018 edition, published in April, demonstrates how quickly this field of law has developed since the introduction of the Mental Capacity Act in 2005. In fact, in her Foreword, Judge Hilder references not only the increase in applications made to the Court of Protection each year (in excess of 30,000) but also the complexity of cases. This was illustrated in the case of Sergei and Yulia Skripal, where a best interests decision, in relation to the taking of samples of body fluids or tissues, was required in an incredibly sensitive situation, amidst an investigation into international espionage and the use of chemical nerve agents. The new Fourth Edition, comprising of 530 pages and sixteen chapters, details the new Court of Protection Rules and Practice Directives introduced on the 1 December 2017. The author provides an indispensable commentary in navigating the

consolidated rules which are designed to enable the Court to deal with cases “justly and at a proportionate cost”. The new Case Management Pathways are outlined which demonstrate the Court’s resolve to deal with applications efficiently and economically.

professionals are drafting LPAs for ease of registration and rather than use; which is arguably not in the donor’s best interests. Certainly, a thorough grasp of the content of this book should provide professionals with confidence on that front.

Authored by some of the most distinguished TEPs in their field, the book is anything but a dry exegetical examination on the law surrounding Mental Capacity and Court of Protection Procedure. In fact, the work is to be commended for its ease of use and practical application. An extremely useful chapter outlines the responsibilities of a property and affairs deputy. The level of detail is impressive, even considering the ownership of motor car by P, and it covers everything from registering the vehicle to consideration of any contract arrangements under the Motability Scheme.

With an increasingly mobile population, it is right that the law relating to the international protection of vulnerable adults is considered. An exploration of the nature and extent of the Court’s jurisdiction considering the Hague Convention and Schedule 3 of the MCA is given. This is followed by a useful summary of the main laws that relate to the property and affairs of persons who lack capacity in various foreign jurisdictions.

The author notes that many professionals are reluctant to include restrictions when drafting LPAs, for fear that the Public Guardian will apply to the Court for severance. The downside is that some

The book reflects the increasing complexity and challenges faced by busy practitioners who work with vulnerable adults. This is extremely perceptive but perhaps the greatest strength of the Guide is practical insight and detailed examination of case-law that it contains and what defines it at as a must-read for professionals working in this field.

Can you help us? We would like to share more book reviews with our readers and we need your help to do this. If you have recently read a book and would like to review it for Light Blue Law please email admin@cambslaw.com. We look forward to hearing from you.

www.cambslawsoc.co.uk | 15

THE CAMBRIDGESHIRE & DISTRICT LAW SOCIETY

EXCELLENCE AWARDS 2019

Team Awards Excellence in Client Service

Your entry should describe how you deliver exceptional client service, how performance is measured and how successes and lessons learned are communicated within your firm. Your application should explain how you ensure quality and consistency of approach. If you place a strong emphasis on client care and want to demonstrate your commitment to continued excellence in client service, then this is your opportunity to receive the recognition you deserve.

Excellence in Learning and Development

Following the removal of mandatory CPD hours it is more important than ever that firms continue to invest in their employees' learning and development. Our judges are looking for a clear link between your learning and development initiative and how this has enhanced your business, whether through improved service, staff development, increased efficiency or profitability, or higher rates of retention. Your entry should describe the development needs that the learning programme addressed, the rationale underpinning its conception and subsequent delivery, and the measurements that show how your approach was effective.

Excellence in Pro Bono

We are looking for examples of how your firm has worked in the community. Give details of one or more projects, which demonstrates excellence in corporate social responsibility. Why did you pursue this project(s) and what were your objectives? Explain the impact of the project(s) and how it has benefited the community. Explain levels of buy-in within your firm and how this was achieved.

Commercial Property Team of the Year

Technical knowledge, teamwork, and client service are the key ingredients for delivering complex and high value property projects for demanding clients. Explain how your team has been exceptional in these areas by reference to at least 2 notable projects and / or clients and how you have achieved exceptional outcomes. Please also illustrate the commercial value of your services.

Injury Team of the Year

Technical knowledge, teamwork, and client service are the key ingredients for delivering exceptional outcomes for clients. Explain how your team has been exceptional in these areas by reference to at least 2 notable cases and how you have achieved exceptional outcomes. Please also illustrate the commercial value or personal impact of your services.

Individual Awards Woman Lawyer of the Year

In 2018, women solicitors represent more than half the profession, however too few women reach senior positions in all sectors of the legal profession. In addition to achieving professional excellence in her field at a senior level, we want to recognise a woman lawyer who has achieved significant results either in her law firm or for the benefit of the community through her legal skills. This individual will be inspiring and have influenced others to pursue a career in law. *Open to lawyers who identify as a woman.

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Petersfields gains complete back-up from Quill

ick Timmings, Partner at Petersfields, comments: “By relying on Quill for all our main software and service needs, we have one monthly payment, one point of contact and one primary store of our electronic files. It’s so convenient and so much easier to run our business in this totally integrated way.” In terms of Interactive, Petersfields was first introduced to Quill’s software by way of a printed software guide and they now use Interactive for case management with add-on links to Microsoft Word and Outlook for advanced document management capabilities. “We’ve created a library of template documents in Interactive, available to all staff, for each of the common stages within our area specialisms,” explains Nick. “Enhanced by cloud access, this allows employees based at both Cambridge and Haverhill to progress matters from either office, at home or on the move. With staff routinely moving between locations and occasionally working remotely, Quill gives us the technology platform necessary to operate in this truly flexible manner.

“Having been aware of security breaches affecting some cloud solution companies, it was vital to ensure that our data would be completely secure. We know Interactive is safe. Of equal importance is the integration with Microsoft Office so that everything – emails included – is captured and stored within our matter files. Post is scanned onto the system too. Interactive literally hosts hundreds of our documents.” The benefits of Interactive’s comprehensive digital storage facility are manifested not only in remote working capabilities and cybersecurity, but also in substantial reductions in hard copy filing. “Our policy is to put every piece of paperwork onto Interactive,” continues Nick. “Sometimes this is a manual process involving scanning of inbound correspondence and other times it’s automatic because Interactive detects emails displaying the case reference and automatically files correctly.

Julian Bryan Managing Director Quill

Long-time Quill client, Petersfields LLP, utilises the full range of software and outsourcing services from its trusted supplier. Subscribing to Interactive for case and document management, Pinpoint for outsourced cashiering and Payroll for outsourced payroll and pension management, Quill provides a complete back office support structure for the busy twin-site law firm.

“We avoid printing documents as much as possible and have destroyed lots of paper records. We do still maintain off-site storage, as

Having been aware of security breaches affecting some cloud solution companies, it was vital to ensure that our data would be completely secure. We know Interactive is safe. nick timmings

partner, petersfields llp 20 | www.cambslawsoc.co.uk

dictated by legal requirements, but overall our storage requirements are now smaller than before. In the old days, we’d sometimes have to retrieve documents from storage when preparing court bundles which inevitably took time. Now we can find and print documents straight from Interactive. It’s instant and takes a fraction of the time it used to.” In addition to Quill’s software suite, Petersfields receives outsourced cashiering and payroll support from its one-stop-shop provider. “With Pinpoint, there’s always someone covering our accounts and we’re always compliant with regulatory guidelines,” concludes Nick. “These are likely to be the two biggest headaches of any law firm operating an in-house cashiering function whereas we don’t even have to think about it. The same applies to payroll. There are none of the usual concerns about staff absence or compliance. “The latter – compliance – is a big issue in relation to payroll. The introduction of automatic enrolment pension reform impacted every single company regardless of size. With Quill’s payroll service, we simply set up our pension scheme with Nest then authorised our Quill payroll clerk to do the rest. Quill sorts out our pension contributions and advises of any changes to these, assuring absolute compliance with stringent pension rules throughout.”

Trying to Source Care in Rural Areas is Difficult The most recent census found that 9.3 million people (17.6% of England's population) live in rural areas. This number will include older people and people with a disability who need to live with care support. Many people have local relatives, friends, advocates who though willing are unable to provide the regular, care support that is needed. The major problem is that a lack of information surrounds all areas of the care sector with people living in rural areas finding information hardest to access. Sadly, without information, many people make choices that are later regretted. Sons and daughters visiting older parents realise they need to find out about local care services, to source additional facts, an older spouse wanting to support a wife or husband needs to know what to do to sustain their lifestyle. Many people believe that their local surgery will have the answers, but this is rarely the solution. What care support is available, how much does it cost, are there any State Benefits that can be claimed, is there a local support group, what is NHS Care Support, what is social care, etc? Where do they get such information? Tens of thousands of villages have no newspaper delivery, have no local shop, no local post office, no library, so how does information get through about what is available in the care sector? There is public media advertising about smoking, obesity and eating â&#x20AC;&#x2DC;five a dayâ&#x20AC;&#x2122; but no public media advertising about where to go for information when care support is needed. There are many charities which have quality information which is easily available once you know who to contact. Similarly, there are charities with volunteer services supporting people who need their help, but who are they? There are thousands of care providers who have a wide range of services which can be individualised and are available in rural areas but where are they found, what questions should be asked? Knowledge is power, and steps should be taken to have a comprehensive public campaign to offer directions to both urban and rural communities with reference to care provision in the UK. Written by: Angela Gifford. MD of Able Community Care Ltd

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By Fiona Hotston Moore partner, Ensors Chartered Accountants

Cryptocurrency has existed for nearly a decade and it’s now estimated that there is €700 billion held in these virtual currencies. Therefore, it is unsurprising that cryptocurrency is now appearing more frequently in divorce cases. Furthermore, the nature of this asset, and the relative ease at which it can be hidden, may attract spouses to consider using cryptocurrency to hide wealth.

o what are the key points to be considered in relation to cryptocurrency and divorce?

What is cryptocurrency? Cryptocurrency is a virtual currency and there are a number of different currencies including bitcoins, Ethereum and Litecoins. It exists on the cloud and is held in a so called virtual “wallet” that is, in effect, a piece of software. The individual who controls the wallet can direct where the currency resides and how the currency is used to acquire goods, services or assets. The transactions do not require the involvement or supervision by a bank or other third party. Transactions within the system can be hard (but not impossible) to trace. However, the existence of cryptocurrency is often identified when the currency is purchased through a conventional bank account, when it is transferred back into a bank account or when it is used to fund purchases without conventional money changing hands. The currency is extremely volatile and the value can double or halve within a few days. 28 | www.cambslawsoc.co.uk

The currency can be acquired using traditional bank accounts or it may be “mined”. Mining involves confirming and documenting cryptocurrencies for other holders. It tends to be an activity undertaken only by experts but can generate substantial wealth. How should cryptocurrency be dealt with in a divorce? Cryptocurrency should be disclosed as with any other asset and if there is a suspicion of hidden funds a direct disclosure should be sought. If no disclosure is made, but there remains a suspicion, it may be possible to identify the existence from transactions in conventional bank accounts where the currency is acquired or converted back into traditional currency. If the sums suspected are significant it may warrant forensic analysis by a specialist who will look for digital traces, but it is notoriously hard to find, value and prove ownership. If a party has disclosed the existence of a cryptocurrency reserve, a decision must be made on how to value it bearing in mind the volatility of the value and speculative nature

of the currency. It may also be necessary to consider the tax consequences of the holding. Transactions in bitcoins and other cryptocurrencies are proving hard for tax authorities to categorise. They may be treated as currency or commodities and activity could be deemed as trading, gambling (not taxable) or investment. Finally, in view of the ability to hide the currency it is often used for illegal activity such as money laundering, tax evasion, terrorism etc and therefore advisers will need to consider their wider obligations to the authorities. In conclusion, a decade on cryptocurrency is here to stay and features in divorces where there is significant wealth and perhaps a motive to hide the wealth. It cannot be ignored but specialist input may be needed if the suspected value justifies the cost. Fiona Hotston Moore T: 07770 642 491 E: Fiona.hotstonmoore@ensors.co.uk www.ensors.co.uk/for-law-soc/

01379 641715 www.songbird-survival.org.uk

pLease remember songbird survivaL in your wiLL songbird survivaL (sbs) is an independent charity which funds research into the alarming decline in britain’s much loved songbirds. with your support we hope to raise awareness of the plight of song and other small birds, research the causes of their decline, and promote solutions to restore songbird numbers. Leave a Lasting Legacy Every legacy, large or small, is important to us and a gift in your will help us to continue our vital research. Your gift will help to commission scientific research into the causes of songbird decline and advance public education in the science of ornithology – in particular the study of song and other small birds, promote conservation of natural and semi-natural habitats and the restoration of habitats in which song and other small birds live. every gift received wiLL heLp make a cruciaL contribution to our important work. Why not start your Will online? Visit our Website or phone us noW to discuss your requirements.

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Every day three people in the UK and Ireland will have a traumatic spinal cord injury. Spinal cord injury can happen to anyone at any stage in their life. It is a split second moment which transforms lives irrevocably. It’s not just walking – it’s the inability to breathe independently, to control your bladder and bowel, to lift a cup to take a drink – to hug a loved one good night. Spinal Research is the UK’s leading charity funding medical research around the world to develop effective treatments for paralysis caused by spinal cord injury. A split second on a beautiful summer afternoon and a slip while playing on the climbing frame in a neighbour’s back garden, transformed eight year old Bel’s life forever. Her childhood was shattered. Bel spent ten months in intensive care. Bel remains paralysed from the neck down unable to breathe for herself, and completely reliant on her family and carers. Bel faces a lifetime of care unless there is a treatment for her paralysis. That is why our scientists are working hard to nd that treatment.

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22/11/2018 14:37

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