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LIGHT BLUE LAW Issue 86 Autumn/Winter 2019

The Cambridgeshire and District Law Society Newsletter

ANNOUNCING... THE CAMBRIDGESHIRE & DISTRICT LAW SOCIETY

LEGAL EXCELLENCE AWARDS 2020 TEAM AWARDS FAMILY LAW TEAM PRIVATE CLIENT TEAM COMMERCIAL LITIGATION TEAM INJURY LITIGATION TEAM COMMERCIAL PROPERTY TEAM CORPORATE TEAM IN-HOUSE TEAM INDIVIDUAL AWARDS TRAINEE LAWYER JUNIOR LAWYER (<5 YEARS PQE) LAWYER (>5 YEARS PQE) PARTNER LIFETIME ACHIEVEMENT FIRM AWARDS CLIENT SERVICE EXCELLENCE PATENT ATTORNEY FIRM LAW FIRM

WINNERS WILL BE ANNOUNCED AT OUR GALA DINNER FRIDAY 20TH MARCH 2020 KING'S COLLEGE, CAMBRIDGE

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 Join our LinkedIn group Cambridgeshire & District Law Society Facebook @cambslawsoc | Instagram @ cambslawsoc

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LIGHT BLUE LAW

CONTENTS

The Cambridgeshire and District Law Society Newsletter

5 President’s Page

16 The CDLS Legal Excellence Awards 2020

6 Information and Events Diary

18 How digitisation is changing the future of home-buying

7 Access to Justice – The current state of criminal legal aid 8 An interview with Janine Collier

20 Into the Unknown

9 Claire Radcliffe: Provisional Damages Awarded following delayed diagnosis of breast cancer

24 Using DNA testing to aid the transgender community

22 Greater flexibility and access as reforms go live

10 Considering an in-house legal career?

26 When it comes to supporting the rule of law… Experts Matter …

11 Who's Who? Sarah Cooke

28 Talking about care for a loved one in 2020

12 CJLD Update Autumn 2019 12 CYPG End of Year Update

31 Goverment U-turn on probate fees welcomed by charity bodies

13 Where now for the Rule of Law in an age of populism?

34 Why Quill ticks all the boxes

14 Trainee & NQ Event Report

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09/08/2019 14:47

Advertising Simon Castell Laura Seymour Editor Penny Harrington

Accounts Fiona Evans

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Published Autumn/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.

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PRESIDENT’S PAGE Annual Dinner and Legal Excellence Awards friday 20th march

Michael Frape President CDLS

Membership Update I am delighted to confirm that the in-house legal team at Cambridge University (including Cambridge University Press and Cambridge Assessment) have now joined the growing roster of corporates who are members of the society, which include AstraZeneca, ARM Holdings, PPD, Abcam, and Cambridge Illumina. We have also reached out to the patent attorney firms in Cambridge and welcomed Reddie & Grose, Venner Shipley, Mathys & Squire, Strategy IPM, JA Kemp, and Appleyard Lees. In private practice, BDB Pitmans have also joined as corporate members.

Events Since the summer, we have held a series of successful events including the Trainee and NQ drinks, a seminar on the new SRA Standards and Regulations, the Annual Law

Building on the success of last year’s Legal Excellence Awards, we have expanded substantially the number of categories to cater for the breadth and depth of seriously good legal talent in Cambridgeshire. I hope many of you will apply. We also have high hopes for the dinner which will be at a fabulous new venue - King’s College. It should prove to be an outstanding event and I encourage you to attend. Lecture (“Where now for the Rule of Law in an age of populism?”), and a Diversity & Inclusion Roundtable. We are working on our schedule of events for 2020, which will start with a CPR update by Professor Dominic Regan on 23rd January and continue in February with an SQE Roundtable.

Committee Update I am delighted to welcome five new members to the committee: Sarah Cooke (Mills & Reeve); Anwar Gilani (Venner Shipley); Emma Bowman (Hewitsons); Amy Virdee (Taylor Vinters); Sarah Calder (Anglia Ruskin University). Anwar will representing patent attorney firms, Amy the Junior Lawyers Division, and Sarah looking after pro bono and CSR. We are still looking for well-motivated volunteers to join us.

Please contact me if interested.

Re-Branding Update We have been very busy working with Brand Transformation Agency MOBAS on our re-branding project. We have agreed our Vision, Mission, Values, and Positioning Statement and we have settled on a new name. The launch will take place in the spring.

2020 In 2020, we will be 149 years old. We have big plans for the year. Building on our heritage we hope however to operate in a young and dynamic way more closely aligned to the modern, and progressive approach to the delivery of legal services adopted by many of our member firms.

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INFORMATION OFFICERS

TRAINING

President Michael Frape Ashtons Legal

Thursday 23rd January 2020

Treasurer Ellen Cole Greenwoods GRM Hon Secretary Emma Bowman Hewitsons

COMMITTEE MEMBERS Rebecca Austin Hewitsons Sarah Calder Anglia Ruskin University Sarah Cooke Mills & Reeve Anwar Gilwani Venner Shipley Richard Lane Thomson Webb & Corfield Kirsten Pullan Amy Virdee Taylor Vinters

ADMINISTRATOR Penelope Harrington CDLS

MEETINGS - COMMITTEE Wednesday 8th January 2020 17.30pm Start

Wednesday 22nd April 2020 17.30pm Start

EVENTS Friday 20th March 2020 Annual Gala Dinner & Annual Legal Excellence Awards King’s College Great Hall King's Parade Cambridge CB2 1ST Details to follow

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CPR Update Seminar - Delivered by Dominic Regan An update on changes to the CPR, and recent case law on Part 36, relief from sanctions, costs budgeting, retainers and funding, Roundtable Interactive Discussion Approach. Mills & Reeve Botanic House 100 Hills Road Cambridge CB2 1PH Buffet lunch and Registration 13.15pm Start 14.30pm – 17.00pm Tickets for all events should be purchased through www.eventbrite.co.uk

ACCESS TO JUSTICE – THE CURRENT STATE OF CRIMINAL LEGAL AID Alice Mutasa Policy Adviser, Criminal Legal Aid The Law Society

Vicki Butler Campaigns Manager The Law Society

What is wrong with the criminal justice system? In recent years complaints about the state of the criminal justice system in England and Wales have become increasingly loud. From the Secret Barrister to the Justice Select Committee , there seems to be a general consensus that due to many years of underinvestment our criminal justice system is crumbling.

ur justice system – admired all around the world - is underpinned by the notion that people are innocent until proven guilty, yet people’s lives can be ruined before their case even reaches trial. It was out of these concerns that the Law Society’s criminal justice campaign was born earlier this year . The campaign calls for more investment in the system and to implement key reforms to ensure the system does not fall apart. Imagine a person arrested today for a crime they didn’t commit. Their journey through the justice system could be plagued with shortages of lawyers and experts – due to low legal aid rates, delays due to cases being double booked, long journeys to a distant court due to the closure of their local court, and being required to pay legal aid contributions they can’t afford because the means test is too stringent. Innocent people may be held on remand far longer than necessary because of inefficiencies in the system – and be crippled by large debts as a result of their arrest, even if found innocent. This also impacts on victims and witnesses of crime who suffer avoidable inconvenience, cost and stress because of all these problems. Worse still, problems with the disclosure of relevant documentation mean that innocent defendants risk being wrongly prosecuted, or even convicted, because evidence proving their innocence has not been identified and properly considered by the police and prosecutors. More resource is sorely needed across the system to address these issues, not least in relation to criminal legal aid fees. Criminal legal aid lawyers ensure that anyone accused

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

Recent successes Released under investigation As part of the campaign, we called for the limitation on the increasing use of “released under investigation”. Released under investigation (RUI) is frequently used by the police instead of bail – but unlike bail it has no time limits or conditions. This can leave the accused and victims in limbo with no updates on their case for an unlimited time and increase delays to cases being processed through the criminal justice system. There also is evidence that there are people being released under investigation who are potentially a risk to victims of crime and the public in general, rather than being put on bail as would be more appropriate. This particularly impacts on victims, who may be targeted again by the same perpetrator. We produced analysis (available here: www.lawsociety.org.uk/policy-campaigns/ campaigns/criminal-justice/releaseunder-investigation/) which resulted in extensive press coverage, including in the Daily Mail, the Express and the Guardian. This resulted in the Government announcing a review into RUI.

Criminal legal aid review Largely as a result of persistent lobbying by the Law Society and other practitioner groups, the Ministry of Justice (MoJ) embarked in March 2019 on a root and branch review of criminal legal aid (‘the Review’). The review covers all aspects of the various criminal legal aid schemes, from the police station to the Crown Court, and it is hoped will at least go some way to addressing the current crisis in Criminal Legal Aid. The Society, the Bar Council, CBA and the other main crime practitioner representative groups are engaged with the review and we have representatives on each of the groups feeding into the Review. The Law Society delivered a number of roadshows around the country earlier this year in order to provide updates to our members on the crime Review and other developments in criminal legal aid. You can listen to a podcast here that summarises the topics covered in the roadshows. Practitioners can get involved in the Review in a number of ways; • You can host an MoJ employee in your firm for 1-3 days, in order to demonstrate first-hand some of the problems facing you in your day-to-day work; • You can volunteer to take part in a Focus Group. These are in the process of being organised and will take place in several different locations around the country. • You can also contact the Law Society directly with your ideas and suggestions for improvements to criminal legal aid. If you wish to participate in any of the above, please contact: alicemutasa@ lawsociety.org.uk www.cambslawsoc.co.uk | 7

AN INTERVIEW WITH THE CDLS 2019 WOMAN LAWYER OF THE YEAR JANINE COLLIER Janine is an Executive Partner at Tees and is: • a Legal 500 Leading Individual for Claimant Clinical Negligence Work • Head of Tees’ growing Top Tier Clinical Negligence and Personal Injury Department • Co-Head of the Tees’ Cambridge Office; and • on Tees’ Executive Board

WHEN DID YOU DECIDE ON A CAREER IN THE LAW? I thought I might be a lawyer from quite a young age - from childhood I enjoyed problem-solving and logical puzzles, so intellectually the law was a natural fit. It also appealed to the values of fairness and what’s right or wrong, which are dear to me – as my parents will likely recall of their then argumentative teenage daughter! WHAT ARE THE BEST THINGS ABOUT YOUR ROLE? I wear many “hats”, but first and foremost, I love helping people! I feel hugely privileged that I am in a position whereby I can, using the law as a vehicle, help people to secure a better future, whilst, at the same time, reaching and shaping the next generation of lawyers and creating an environment that enables my colleagues to flourish and be the best they can be. Many of my clients have been through highly stressful and often life-altering experience. Helping them understand what happened during their treatment, and bringing hope, optimism and financial security for their future, has always been my biggest motivator.

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WHAT ARE THE BIGGEST CHALLENGES THAT YOU HAVE FACED IN YOUR CAREER? That is a difficult one to answer. From the beginning, demographically, you might say I was an unlikely candidate for a legal career. I am female, was born into a Council Estate in South East London and none of my family had been to University. However, my parents were amazing and always raised me to believe that with hard work, and dedication, you can achieve your dreams. They were so proud when I was accepted to Cambridge University! The next “challenge” I faced was a personal one. I learned that I may not be able to have children and so the decision that I wanted to at least try was accelerated. I was delighted to find out I was pregnant with my first son, but this came much earlier in my career than was, at that time, expected in the industry (2 years PQE) (in fact, I recall someone asking me if it was an accident!) and I had to make some decisions on balancing work and a family. My husband travelled abroad a lot with his work and so I chose to work part-time and to put my career path “on hold” until the children were older. The final major challenge was that I suffered a cycling accident in 2011, needed multiple surgeries and some

months off work. Tees were hugely supportive during this time and, in retrospect, it was a real turning point in my career – the time “off” enabled me to reflect, re-prioritise and I came back renewed, with a much greater sense of direction and purpose. WHO DO YOU LOOK UP TO IN BUSINESS? WHO IS YOUR INSPIRATION? When I’m faced with a particularly tough case, I often ask myself, what would Paul McNeil do? Paul was my first boss at Field Waterhouse, is the Head of Personal Injury and Medical Negligence there, and very much an industry leader and role model. Every day I learn something new about managing and growing a business from Ashton Hunt, David Redfern and Andy Swarbrick, the Managing Director, Senior Partner and NED respectively at Tees. My parents are my other inspiration. They have chosen to look after my seriously disabled sister and her children for more than 20 years, lately as almost full-time carers. Rather than complain about the hand that life dealt them, they take each day positively and are a source of love, compassion and wisdom to our whole family. WHAT DO YOU DO OUTSIDE “WORK”? I really enjoy helping the local community and volunteer with some charities such as Pos+Ability, a Cambridgeshire-based organisation which offers a chair-based exercise programme to people with longterm conditions such as Parkinsons, MS and strokes, as well as AvMA, a charity that works to support victims of medical accidents. I also play a bit of tennis, have been known to run a marathon or two, and to do some Mud Obstacle Races. My faith is also important to me. WHAT IS THE BEST PIECE OF ADVICE WOULD YOU GIVE TO SOMEONE STARTING OUT IN THEIR CAREER? There’s many a sporting analogy in the world of work, and for me it’s really important to put in the hard yards when you’re starting out, whether at school, university or in your job. Learn the skills, the tactics and the commitment to team above individual when you’re young, and the “muscle memory” will kick in as you go through your career and open up so many opportunities as you get older.

PROVISIONAL DAMAGES AWARDED TO CLAIRE FOLLOWING DELAYED DIAGNOSIS OF BREAST CANCER

In 2012 Claire Radcliffe,

who was 22 at the time, discovered a breast lump She was referred by her GP to Addenbrooke’s Hospital, where she underwent an ultrasound scan. This was misreported and a 10mm benign lump was diagnosed. Instead of being referred for a biopsy, Claire was reassured and discharged.

n April 2014, 17 months later, Claire noticed that she was very fatigued and that one of her nipples had become inverted. She visited her GP who again referred her to Addenbrooke’s Hospital. This time, she was diagnosed as having a 10cm invasive carcinoma of the right breast with 11 out of 22 lymph nodes involved. Because of the delayed diagnosis, Claire required chemotherapy, a mastectomy to both breasts with immediate reconstruction, total nodal irradiation with increased risk of lymphadenopathy, and adjuvant hormone therapy. She also suffered psychological damage, with a shortened life expectancy. Had Claire been diagnosed at the time of the first scan, the doctors would have been able to treat the cancer by removing the lump. She would not have had the double mastectomy or reconstructive surgery. The cancer would not have spread to the lymph nodes and so she would not have needed such extensive chemotherapy and radiotherapy. She would have had a 95% chance of a cure. As breast cancer in women as young as Claire is so rare, there was no data / literature to help predict the effect of the 17-month delay on Claire’s risk of recurrence. All that could be said was that it substantially increased the risk. It was therefore difficult to quantify how much compensation Claire should recover. Claire is a young woman, who wants a

family and we were concerned to ensure that should Claire relapse in the future, her family were adequately protected. After a four-year legal case against Cambridge University Hospital NHS Foundation Trust, the case settled for a sixfigure sum, with provisional damages – this means that should Claire’s cancer recur, she can to return to court to seek further compensation. Whilst provisional damages are commonly used in certain types of personal injury and medical negligence cases, we are not aware of provisional damages being previously used in a case involving a delayed diagnosis of cancer. Claire is now 29 and lives with her longterm partner, Timothy, in Newmarket. They have recently returned from an extended ‘round-the-world’ trip. Having taken a break, Claire wants to tell her story and particularly has a message for other young women: “I was very young, just 22, when I developed cancer. It’s important that women in their 20s realise that just because you’re young it doesn’t mean that you can’t get breast cancer.” “It’s really important to check your breasts regularly and if you find any changes at all, you need to seek help straight away – don’t leave it. You also need to trust your gut instinct. You know your own body, if you think there’s something wrong, be prepared to question and challenge the doctors.” www.cambslawsoc.co.uk | 9

CONSIDERING AN IN-HOUSE LEGAL CAREER? Ellie Langley Senior Consultant Errington Legal

n-house work is an attractive career option for many lawyers. The opportunity to work very closely with one client can be highly appealing; lots of the in-house lawyers we work with at Errington Legal tell us that they enjoy being able to truly get to know a business and to really understand its objectives. Additionally, working in-house allows lawyers to see the results of their efforts; as an integral part of the organisation, an in-house lawyer is able to watch things come to fruition as the business achieves its commercial aims, rather than perhaps seeing just one part of the process/ transaction as one might in private practice.

variety of roles come through this year, from entry-level positions for those taking their first step into the in-house environment; to parttime sole-counsel opportunities; to General Counsel roles in international businesses.

As you are likely already aware, Cambridge is a fantastic location for lawyers interested in in-house work. The presence of its world-famous university, and the associated intellectual tradition of the city, make Cambridge a natural place for cutting-edge businesses to set up home. With one of the fastest growing economies in the UK, the variety of companies based here, and the continued growth mean that there are a range of opportunities in Cambridge for current/prospective in-house lawyers.

Group General Counsel – Cambridge

Errington Legal work for a wide variety of exciting clients across all different sectors in the market – these include technology, pharmaceuticals, scientific research, education, and FMCG. We have seen a good

“My consultant was there at all times; the service was efficient, and the guidance given much appreciated. I very much felt that my consultant was there for me and looking after my interests and was actually taking those into consideration along the way. I would very much use Errington Legal again when either looking for a role or trying to find an employee.”

Our role in any recruitment process is always to support both client and candidate and ensure that everybody’s needs are met. When recruiting for in-house roles, whatever the business in question, there are a few common threads in terms of what our clients usually consider important (aside from relevant technical knowledge and experience of course). n Firstly, it is essential that legal teams strive

to enable the business. Whilst any lawyer should of course have a strong awareness of risk, when working in-house it is vital to have a commercial and pragmatic outlook which allows the organisation to drive towards its goals. It is of course important that the legal

team are seen as part of this process, rather than any kind of impediment to it! n Cultural fit is also very significant. Whilst

this is always a factor when recruiting for a role, arguably it is even more important within the in-house sphere, as the lawyers are so integrated within businesses. Both clients and candidates need to feel comfortable in this respect in order for the working relationships to be as productive and enjoyable as possible for all parties. n Communication and interpersonal skills

are also vital. In-house lawyers are usually required to interact with a wide range of employees within the organisation – depending on the nature of the business this may mean working with engineers, R&D scientists, board-level stakeholders, sales teams, international colleagues, etc. Many of the personnel within a company may not have any legal knowledge, so the ability to communicate with everybody in a clear and concise manner is essential. Whether you are already working in-house, or interested in exploring a move into that sphere, please do drop us a line at Errington Legal if you would like a confidential chat about the market or prospective roles. We speak to many candidates some time before they are looking to change roles, with a view to helping them making that career move when the right job comes in. Through a confidential discussion with candidates about their career objectives, we are able gain a good understanding of what kind of opportunities might appeal and offer guidance throughout every stage of that process when the time comes. “Errington Legal were absolutely brilliant throughout the whole recruitment process. I initially approached them with a view to getting some advice about making the move to in-house legal work. They were reassuring, honest and helpful in suggesting which roles I would be suitable for and helping me to secure my dream job. I cannot thank them enough.” Legal Counsel – Cambridge

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WHO’S WHO? SARAH COOKE I

Sarah Cooke Mills & Reeve LLP

am a Principal Associate in the real estate team at Mills & Reeve LLP, based in the Cambridge office, having joined in October 2018. I trained at Nabarro and spent nearly 11 years there (latterly as part of CMS postmerger), but my move to M&R was a bit like coming full-circle, having spent a year here as part of the secretarial team before moving to London for my training contract.

I’m passionate about the real estate industry and feel strongly about the huge part the built environment has to play in all our lives on so many levels, wherever we live and work. My main focus is investment work but I also have a lot of experience on city-centre office developments and have been lucky enough to get to work on some incredible projects, including the redevelopment of Battersea Power Station.

I enjoy working as part of the M&R real estate team; a diverse team that works collaboratively across our six offices and has an incredible breadth and depth of knowledge. I’ve been particularly pleased to find that the M&R I’ve come back to has every bit the strength of culture I remembered, offering, for me, the perfect mix of opportunities for progression, development and balance. I recently became a member of the CDLS committee to get more engaged in the Cambridge legal market and look forward to getting involved with the various events and work it undertakes. Outside work, I live just outside Huntingdon with my husband and two small children (and our two cats, who seem to make it their mission in life to join me on conference calls from home!). I really enjoy sport and have recently gone back to playing hockey, joining my son and husband in playing for St Ives, although I think my son’s skills on the pitch will soon surpass my own.

Save the date p

CPR Update Seminar

Delivered by Dominic Regan An update on changes to the CPR, and recent case law on Part 36, relief from sanctions, costs budgeting, retainers and funding. Roundtable inter-active discussion approach.

Thursday 23rd January 2020

1.45pm – 5.00pm Registration and Buffet Lunch from 1.15pm Being held at

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

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CJLD UPDATE AUTUMN 2019 Jessica Cherry CJLD Publicity Representative

o far this autumn, we have had our famous annual ball held in conjunction with the Cambridge Young Professionals Group. This year it was at Robinson College, and the theme was “Masquerade”, where we had a live band, photo booth, raffle and poker tables, amongst other things! This was all in aid of our charity of the year, Cambridge Rape Crisis Centre (and CYPG’s chosen charity, Act). Halloween saw us hold our “Beers and Booze” event at BrewDog in Cambridge, followed by a wine tasting and finance for female lawyers talk at Cambridge Wine Merchants in November, a free event which was sponsored by Wesleyan. We have also been working with

After a busy spring and summer, autumn saw the Committee organise even more exciting events for our members. As well as social events, we have been busy planning informative sessions to help with development and support in our careers. Errington Legal, a legal recruitment agency in the area, to put on talks for our members that would be of help and interest to young legal professionals. Earlier in the year we had a talk on building resilience in the legal industry. This saw us learning about how wellbeing has a crucial part to play in our future success as leaders, and advice on how to be confident in situations such as considering a promotion, and awareness of mental health and managing stress.

CJLD events create opportunities to make friends and have fun by bringing together junior lawyers, young professionals, and students. If you are a Trainee, Legal Executive, Paralegal, NQ or Law student in Cambridgeshire we hope you will 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.

So far this year we have raised a total of £1,651.02 for Cambridge Rape Crisis Centre, which includes funds from our ticket sales and the ball. We hope our last few events of the year will be able to make this even higher.

For detailed updates of upcoming events, please visit our website at cambsjld.org.uk, or check out our new social media - Twitter - @CambsJLD, Facebook - cambsjld, LinkedIn – Cambridgeshire Junior Lawyers Division, and Instagram - @cambsjld.

CYPG END OF YEAR UPDATE Charmaine Rolfe Co-Chairman of CYPG

n September, we hosted our annual charity ball with the Cambridgeshire Junior Lawyers Division. This year the ball was held at Robinson College in aid of our chosen charity, Addenbrooke’s Charitable Trust, and the CJLD’s chosen charity, Cambridge Rape Crisis. In total we raised £3,179.44 for our charities and we are thrilled to have been able to donate such an amount to these great causes.

Since our last update we have held our charity ball, ice skating and wine tasting events. Steve Hovington from The Cambridge Wine Academy shared his knowledge and enthusiasm for wine with us all. We should all now know exactly what we’re looking for when picking out that next bottle.

In October, we tried out something new and took to the ice at Cambridge Ice Arena. Ice skating came more naturally to some of us than others but it was an enjoyable event and it was a great opportunity to check out the newly built ice rink. I am sure we will be returning to the ice at some point next year.

The next, and final, event of the year will be our Christmas Party and Quiz which is going to be held at the Grain and Hop Store on 11th December. We have spruced up the quiz this year and there will be prizes to be won on the night. We will definitely be seeing out the year in style so make sure you join us.

November saw the return of our ever popular wine tasting event. This year we held the event on the top floor of Mills & Reeve’s office at Botanic House where

Membership for 2020 will shortly being going on sale so make sure you contact our

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Membership Secretary Danni Belbin on Danni.Belbin@mills-reeve.com to benefit from our discounted membership rates throughout 2020. On behalf of CYPG, thank you for all your support this year. We wish you all a Merry Christmas and a Happy New Year!

WHERE NOW FOR THE RULE OF LAW IN AN AGE OF POPULISM? Ellen Cole Solicitor, Greenwoods GRM

peaking within the world-renowned Faculty of Law at the University of Cambridge, David’s knowledge and authority were clear from the outset. Although this is unsurprising as David is one of the most-informed lawyers on the Brexit process and its constitutional and legal ramifications. David is Chair of the Law Society’s International Committee and Chair of the Brexit Task Force and has written and lectured in the UK and Europe on Brexit-related issues. David expertly addressed the fascinating issues when legal, Political and constitutional aims are not cohesive. Demonstrating how even though each can be used as the checks and balances for the other this process can be manipulated to enhance ideologies. The main theme of the lecture centred around the natural friction between the rule

On Wednesday 13 November the Cambridgeshire and District Law Society had the pleasure of hosting the Annual Cambridge Law Lecture with speaker David Greene (Vice-President of the Law Society of England and Wales). The event was sponsored by AstraZeneca.

of law and populism. Populism being coined as the will of the people which serves one side of the equilibriums between majority rule and minority rights. Promoting the freedom of the individual over more liberal ideas that require consent. The rule of law in many ways is depicted as the natural enemy of the will of people as it serves as a mechanism to override or create obstacles. The rule of law also maintains the capacity to shape policy by ensuring process is followed. Fascinatingly David also discussed the theme that all elitism is placed as the enemy within populist ideals. Creating a pure us and corrupt them atmosphere. Once this atmosphere is created any opposing voice can be presented as the voice of the evil elite by utilising backgrounds and education to create villains of even judges whose purposes is

to ensure fairness but this is subverted to appear as unapologetic control. At the latter end of the speech David provided a summary of the many ways the Law Society serves and protects the profession. Including highlighting the Lawyers at Risk programme. The Lawyers at Risk programme aims to raise awareness of the risks and challenges associated with being a lawyer and the importance of the independence of the legal profession. As David said, ‘the solicitors are canaries in the mine’ positioned to show the public that something is going wrong. So, by protecting the profession they are helping to protect the public and individuals as a whole regardless of political opinion. The event was highly engaging and informative. A truly topical lecture considering the current political climate.

www.cambslawsoc.co.uk | 13

TRAINEE & NQ EVENT REPORT Christina Stout Solicitor Ashtons Legal

On 26 September 2019, Cambridgeshire’s budding young lawyers were invited to Novi Bar on Regent Street for the Cambridge District Law Society (CDLS) Trainee and NQ event. The event marked the commencement of Trainees’ richly deserved Training Contracts but also celebrated the successes of the other junior lawyers in attendance. The event was generously sponsored by Errington Legal, who not only provided attendees with valuable career advice, but also a fantastic spread with alcoholic beverages with which to wash it down.

14 | www.cambslawsoc.co.uk

he event was an excellent opportunity for this year’s cohort of Trainees to meet those at their neighbouring law firms, and to speak to those who have successfully completed their Training Contracts and who have now chosen their individual specialisms. With a rigorous 2 year process ahead of them, Trainees were given the opportunity to speak to their fellow peers about their own experiences in their training contract seats as well as their future aspirations for their developing legal careers.

The event was very well attended, with over 30 trainees and young lawyers eager to get in amongst the action. Attendees included young lawyers from Ashtons Legal, Eversheds, Birketts and Howes Percival to name a few, as well as those from high street and boutique firms based in the Cambridgeshire region. This provided an excellent opportunity for the young lawyers to recognise the differences between Cambridgeshire’s legal firms, and to scope out any potential future opportunities.

Not only did the event provide an opportunity to develop current networking skills, but it also introduced attendees to the Senior Associates and Partners of the future. Connections at this level assist in sculpting strong professional relationships for the future, and the event certainly created a friendly and informal environment with which it was possible to build those foundations.

Also in attendance were representatives of the CDLS committee, with president Michael Frape and vice president Phoebe Osbourne, both from Ashtons Legal, in attendance. They could be found sharing nuggets of wisdom from their respective corners of the room. Michael Frape gave a supportive speech, congratulating those in attendance, and creating a buzz of excitement about all that is yet to come.

Above all, the event was an informal, relaxed and fun evening where guests mingled and met new and inspiring people. It was a great opportunity to make some useful connections as well as meeting those that will doubtless become some very familiar faces in the future. Overall, the event was a resounding success and I hope that there will be a similar if not greater turnout for next year.

NOT ONLY DID THE EVENT PROVIDE AN OPPORTUNITY TO DEVELOP CURRENT NETWORKING SKILLS, BUT IT ALSO INTRODUCED ATTENDEES TO THE SENIOR ASSOCIATES AND PARTNERS OF THE FUTURE

www.cambslawsoc.co.uk | 15

THE CAMB R I D GE S HI RE & DI ST RI C T L AW SO C I E T Y

LEG A L EXC ELLE N C E AWARD S 2 0 2 0 TEAM AWARDS

INDIVIDUAL AWARDS

★ Family Law Team

★ Trainee/Para-Legal/Apprentice

• outline one specific matter and explain why it was of major significance to your client and your team; • 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 have you demonstrated technical legal excellence on a client matter; • how have you demonstrated your team-working skills; • how have you exceeded your supervisor’s expectations. *Open to all types of trainee lawyer, para-legals, and apprentices.

★ Private Client Team

★ Junior Lawyer (up to 5 years PQE)

• how have you handled a specific matter and why was it of major importance to your client; • how have you demonstrated technical legal excellence; • how have you demonstrated your leadership qualities; • how have you contributed to your employer’s performance both financial and otherwise.

★ Commercial Litigation Team

★ Lawyer (more than 5 years PQE)

★ Injury Litigation Team • outline one specific matter and explain why it was of major significance to your client and your team; • 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.

★ Commercial Property Team • outline one specific matter and explain why it was of major significance to your client and your team; • 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.

★ Corporate Team • outline one specific matter and explain why it was of major significance to your client and your team; • 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 have you led a team on a specific matter and why was it of major importance to your client or your employer; • how have you demonstrated technical legal excellence; • how have you contributed to the management of a team or have led a team; • how have you contributed to the development your employer’s business both financial and otherwise.

★ Partner • how have you led your team and how has it made a major contribution to the development of your business; • how have you demonstrated technical legal excellence; • how have you contributed to the leadership of your firm; • how have you pro-actively developed the business both financial and otherwise. *Open to In-House Lawyers and Barristers of equivalent standing to a Partner.

★ Lifetime Achievement • please nominate a lawyer who you think 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.

FIRM AWARDS

★ In-House Team

★ Excellence in Client Service

• outline one specific matter and explain why it was of major significance to the business and your team; • how has your team demonstrated technical legal excellence; • how has your team provided excellent service to the business in everything you do; • how has your team saved the business expenditure and/or supported profitable growth.

• how has your firm delivered excellent client service; • what steps have you taken to ensure technical legal excellence is delivered to your clients; • how is excellent client service measured; • how you ensured quality and consistency of approach.

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★ Patent Attorney Firm

★ Law Firm

• what have been your firm’s three highlights in the qualifying period; • what steps have you taken to champion equality and diversity in your firm; • explain how your firm has achieved sustainable profitable growth; • identify the most important factor in your firm’s success.

PLEASE NOTE THAT THE AWARDS RELATE TO WORK CONDUCTED WITHIN THE AREA COVERED BY THE LAW SOCIETY.

ANNUAL LEGAL EXCELLENCE AWARDS 2020 RUL ES & PROCESS Entries Now Open Entries to the Annual Legal Excellence Awards are now open. We will email entry forms to all members of CDLS, which are available on request from: admin@cambslaw.com. For individual and team awards, your entry must not exceed 750 words. For firm awards, your entry must not exceed 1,000 words. The deadline for entries is 5pm on Friday 17th January 2020. Please submit your entry by email to: admin@cambslaw.com.

Who can apply? Entries are open to all lawyers including Solicitors, Patent Attorneys, Barristers, Legal Executives, Licensed Conveyancers, Para-Legals, and trainees as well as teams located in an office within Cambridgeshire. You may nominate yourself, a colleague, or a team. For the Lifetime Achievement Award, please nominate a senior lawyer deserving of this accolade.

Awards Criteria The criteria for each award are set out against each award, but please note that for team and firm awards the judging panel will take account of the relative sizes of the entrants in determining the winner.

Qualifying Period All entries must relate to the period from 1st January 2019 to 31st December 2019.

Judging Process A panel of judges made up of professionals and business leaders will assess all the entries.

Shortlist The shortlist for each Award will be announced on Friday 14th February 2020.

Winners The winners of each Award will be announced at the annual dinner on Friday 20th March 2020.

Good luck to all entrants! www.cambslawsoc.co.uk | 17

How digitisation is changing the future of home-buying By Jonny Davey, Product Manager at Geodesys Data in the 21st century has been described as the oil of the 18th century – an incredibly valuable resource with potential for immense rewards for those who learn how to extract and use it. Living in a connected, digital economy means that we are increasingly reliant on data in order to function and evolve, so businesses and consumers alike have a part to play in shaping the role of digital information in our society. The commercial value of data has already been recognised by the automotive industry, where mobile phone signals and GPS positioning have been used to reveal important information about driver behaviours. Monitoring of parking locations, destinations, mileage and speed, even the frequency of sudden braking feeds huge backend systems that collate that data and package it to be resold.

Local Authority data is often considered as one of the most troublesome areas, with searches into planning permissions, conservation areas, TPOs, smoke control zone conditions or light obstruction notice conditions taking weeks if not months to be returned. It has therefore been prioritised for digitisation with a pilot scheme being launched across five Local Authorities as a first wave in 2018. The plan is that this will be rolled out across all Local Authorities in time. The digital Local Land Charges Registry scheme aims to provide 24/7 access to data, which is free to view or access for reference. As with the automotive industry, there is scope for monetisation, such as the £15 fee already in place for official copies that can be saved, printed, and re-run for six months, a service that is particularly useful when checking whether any information has changed following a delayed or drawn-out transaction.

CURRENT ESTIMATES INDICATE THAT HALF OF ALL UK HOUSE SALES The scheme has been universally FALL THROUGH BEFORE COMPLETION, acclaimed by those that are already participating and is due SO THERE IS A CLEAR NEED TO IMPROVE to roll out across a further 18 Local Authorities over the next THE HOME-BUYING PROCESS AND 18 months. It’s hoped that all 326 Local Authorities within MAKE THE DATA THAT WE HAVE Similarly, house-buying is ripe England will be offering digital with data and there is always WORK FOR RATHER THAN LLC within 5 - 7 years. appetite to streamline the process. The Land Registry’s initiative is a great Current estimates indicate that AGAINST US. While that data can ostensibly help by keeping costs down for careful drivers, it remains to be seen whether it’s good news for all from a financial perspective. Where it should benefit everyone is in speeding up the insurance claims process for those involved in a road incident.

half of all UK house sales fall through before completion, so there is a clear need to improve the home-buying process and make the data that we have work for rather than against us.

Information collected along the way includes personal data about buyers and sellers as well as surveyor reports, significant property improvements and environmental data. While these records are useful, managing the sheer volume of repetitive data associated with the house-buying process is often cited as a major cause of delay in transactions going through and even leading to ultimate failure. Stakeholders from all quarters are keen to improve the process, and HM Land Registry is leading the charge with a wholesale review launched in 2017 to make home-buying simpler, faster and cheaper.

showcase for the power of data and how it can be used to streamline processes, so how can we expand this across other areas of the market?

Could we imagine a future when holders of flood data, contaminated land data, or drainage and water information make these details accessible through an online portal, attributed to every registered address and summarised instantly for potential buyers (and their legal representatives) at the touch of a button and for a set fee? In other words, each property would come complete with its own set of data at the point of being offered for sale. Sound familiar? It’s not entirely different to the abandoned Home Information Packs of the mid-noughties, in fact. With the advances in digital technology and data management since then, perhaps it’s time to revisit the concept.

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INTO THE UNKNOWN By Danny Clifford

In looking at the immediate future there are potentially three major events that may occur in a relatively short period;

A GENERAL ELECTION

AN EMERGENCY BUDGET

BREXIT

write this a few weeks before the General Election – indeed before either of the main parties have published their manifestos. Currently the polls (for what they are worth) are indicating the likelihood of a Conservative majority. Nevertheless, I am experiencing a mini surge in clients seeking IHT advice on the basis that, should the next Chancellor be John McDonnell, there may be considerable changes to the ability to pass assets on to the next generations, either on death or during lifetime. For many, a substantial reduction in the IHT nil rate band, as mooted by Jeremy Corbyn, would represent a seismic increase in their family tax liability – and a resulting 20 | www.cambslawsoc.co.uk

reduction in the value passing to the next generation. For some the mere risk is of such concern that they want to consider taking action before the Election. By the time you read this, you will know the outcome of the Election. A Labour win would undoubtedly see a huge and sudden client demand for immediate tax planning advice in an attempt to beat the emergency budget – albeit that assumes that there is no forestalling legislation put in place such that emergency budget measures are effectively backdated to Election Day. Even a Conservative win may not mean that all matters IHT continue as they are. The previous Chancellor commissioned a report on IHT by the Office for Tax Simplification. The recommendations of that Report are now available and “waiting”. Against that Sajid Javid has hinted that he would consider scrapping IHT completely – albeit I would put short odds on there still being some tax on death (e.g. Capital Gains Tax). All of which means that in all likelihood, even after the Election, no one will know for sure where they stand. So, is it the right

time to be reconsidering at IHT planning? I think undoubtedly yes – albeit giving consideration to something does not mean there needs to be any subsequent action taken. The starting point for me is that, if there are actions that clients may have been considering in the short to medium term, there is an argument to consider bringing action forward such that the current legislation applies. The position we find ourselves in is far from ideal and it is, in my view, to the shame of all politicians that they have managed to put the country in a situation where such a huge amount of uncertainty exists. The uncertainty impacts both businesses and individuals. Just as businesses are having to prepare as best they can for Brexit, individuals need to consider whether they need to take action to protect their own wealth from possible legislative change. DANNY

CLIFFORD

Tax & Trust Partner Ensors Chartered Accountants E: danny.clifford@ensors.co.uk T: 01473 220083 W: www.ensors.co.uk

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GREATER FLEXIBILITY AND ACCESS AS REFORMS GO LIVE

Anna Bradley Chair of the SRA Board

t is against this backdrop of different practices offering different services to different clients that we launched our new Standards and Regulations at the end of November. Our new rules are the culmination of four years of development work, which has seen us consult widely with the profession and public alike, with more than 35,000 providing direct input. The Standards and Regulations are simpler and far shorter than the previous SRA Handbook and focus a lot more clearly on what really matters - high professional standards and protecting the public and its money. The reforms put more trust in your professional judgment, getting rid of lots of outdated prescriptive rules and giving you more flexibility over how you work. We have talked before about how removing certain technical rules should help you get on with the business of law without putting clients at risk. But Standards and Regulations also brings the opportunity

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Hello again, Cambridge & District. As ever, it is a pleasure to be able to write to you. While legal services in the UK brings in around ÂŁ29 billion to the economy, that is not just down to the success of big city firms. It is the diversity of law practices across the country, large and small, that creates the rich fabric upon which our renown is based. And Cambridge & District is surely representative of that wide range of firms.

to practise and offer public services from beyond traditional law firms, for example from within non-regulated organisations such as accountants or estate agents, or as SRA-regulated freelance solicitors. That can only help to increase access.

Now the new regulations are live, we are looking at understanding the difference they make. So we will monitor the impact these changes have, both in terms of opening up public access and creating opportunity within the profession,

Ultimately, the aim is to help more people get the opportunity to access the expert legal help a solicitor brings - currently only one in ten people use a solicitor or barrister when they have a legal problem. And of course, allowing you to work in new ways not only gives the public choice and better service, but it frees you up to compete with nonregulated legal service suppliers in new ways.

We have commissioned economic consultancy Economic Insight to develop a framework for evaluating the reforms. This will include assessing the effect of the new Standards and Regulations, and Transparency Rules, on the public, profession and wider legal sector. Reports on progress will be conducted after one, three and five years, so watch this space for future updates on what we find.

Other key elements of the reforms include separate codes for firms and solicitors which gives greater clarity on the differing roles and obligations of individuals and their employer â&#x20AC;&#x201C; but also the SRA clickable logo becomes mandatory. All regulated law firms who have a website are now required to display our clickable logo.

To help you both comply with the new rules and understand the opportunities they bring, we have published a range support materials, including webinars, guidance and videos at www.sra.org.uk.newregs. I encourage you to have a look, if you have not already done so.

www.cambslawsoc.co.uk | 23

Using DNA testing to aid the transgender community Neil Sullivan

here are two cases (one ongoing) which highlight the need for fresh consideration of how we might integrate transgender rights into legal parlance and process.

In the aforementioned case (the first of its kind) a person male at birth who was undergoing transition to female requested that the Registrar of Births amend her child’s birth certificate to reflect her new name. This was refused and resulted in proceedings under Article 8 (respect for private life) and Article 14 (discrimination on the basis of transgender identity2) of the European Convention of Human Rights (ECHR). This was rejected on the basis that the interference with the Article 8 right was justified but not material, since it would only be under rare situations (we expect paternity testing to be one of them) that the transgender female would be required to produce the child’s full birth certificate. A changed certificate might record the sensitive information or require disclosure, but of course, it would only need to be revealed to those with an obligation of confidentiality, despite the fact that in this case she had identified herself as transgender on social media. Furthermore, a birth certificate can only be altered to correct minor errors or when parents marry or enter into a civil partnership following the birth3. The Registrar of Births does not have discretion concerning the categories that are recorded on the birth certificate, which are “child”, “father”, “mother” and “informant”. Indeed, the Registrar successfully argued that point in terms of the legitimate aims of the Births and Deaths Registration Act 1953. There was justified interference with the

24 | www.cambslawsoc.co.uk

The increasing societal commitment to the well being of those wishing to express different gender identity and gender expression together with the legal recognition of same, is important for the protection of individuals, their dignity and their health. Recent instances however, concern the ability of transgender people to amend the birth certificate of a child to reflect their own changed gender, which in one 2015 case was rejected by the Registrar and also by the High Court1. This has obvious implications for DNA testing in terms of checking for Parental Responsibility and in carrying out the work, whereby intimate details may be revealed.

claimants rights under the ECHR because there was a need for; a) an administratively coherent system for the registration of births and b) a need to respect the rights of others such as those of the partner and child of the transgender person and, of particular relevance, the fundamental right of a child to know the identity of his or her biological father. In a subsequent case4, a person female at birth and living as a male (TT) had a child (YY), biologically theirs, by artificial insemination. At the point at which the child was born, a valid Gender Recognition Certificate was in place, so the biological mother was male. The Registrar has decided that the birth mother must be registered as “mother” on the birth certificate. This is against the wishes of TT who asserts that as a matter of domestic law, he should be regarded as the father or secondarily, in a gender neutral manner as “parent”. Failing that and assuming he has to register the birth as “mother”, then he considered that this would be a contravention of Article 8 of the ECHR. If upheld on the other hand, YY will be the first person born in the UK without a mother on their birth certificate, since other transgender males have accepted the “mother” annotation. Those acting for YY have issued an application for TT to be declared YY’s father under the Family Law Act 1986, s55A. We await the final judgement on this case, but in any event the outcome will have profound implications. Society is in the process of normalising its institutions to accept the status of transgender persons but of course in this case must also take into account the separate needs of the child; their Article 8 rights should not be compromised by the decisions of a parent. If

the status quo is not upheld, then as a DNA testing company we will inevitably at some point detect a biological female registered as the father, maybe with another registered father or father unknown or a biological male registered as the mother. The biological facts of course, cannot be denied5. In 1953 social motherhood and fatherhood were presumed to reflect biological motherhood and biological fatherhood. The increasing complexity of social relationships since that time have been recognised by the law and provide interesting points regarding the registration of the birth of a child in situations of surrogacy, adoption and assisted reproduction, which may provide precedent and guidance as to how the parentage may be best recorded when one of the parents is transgender. In any event, in all three cases, once the child has attained the age of 18, the respective legislation allows for the child to obtain information on their biological parentage. We will discuss these points in the next article and by then, we will hopefully have the judgement on TT vs YY.

About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969".

Please see: www.dadcheckgold.com. Tel: 0191 543 6334, e-mail sales@dadcheckgold.com

Sex and gender - some definitions There has been a neo-logistic expansion of terminology concerning sex and genderâ&#x20AC;Ś here are explanations for a few of them !

The difference between Sex and Gender

â&#x20AC;&#x153;Sexâ&#x20AC;? relates purely to biology and refers to the genetic make up, which is either male (an X and a Y chromosome), female (two X chromosomes) or intersex. Gender on the other hand, is largely a social construct relating to behavioural, social and psychological characteristics; it may take many forms6. Sex and gender may overlap, but should never be confused. Biologically, humans are most often classified as binary, i.e. either male or female.

Transgender7

Transgender (often applied to non-binary gender identities) is an umbrella term that describes a diverse group of people whose internal sense of gender is different than that which they were assigned at birth. It refers to a gender identity which does not align with the gender assigned at birth. Gender dysphoria applies when the individual has a sense of dissatisfaction

with their gender. To attain transgender status in the law, an individual must be diagnosed with gender dysphoria by a professional and then apply for a gender recognition certificate8 under the Gender Recognition Act, 2004. Whilst this piece of legislation allows transgender persons to obtain a new birth certificate for themselves, it expressly precludes the fact of gender reassignment as a means to alter the status of the transgender person as the mother or father of the child and thus ensures the continuity of parental rights and responsibilities9.

Intersex

It has long been recognised (since ancient times) and in different cultures that some people are neither male nor female (in whole or in part) or, are a combination of male and female. This is driven by genetic, hormonal or physical features, that is, by their intrinsic biology. For example, some intersex people may have XXY as their chromosome set. Presently in the UK, intersex people may not change their sex classification unless they declare that they are transgender - then they would have to seek a professional diagnosis of

gender dysphoria. Equating intersex with transgender is not appropriate.

Notes

1 JK, R (on the application of) v The Secretary of State for the Home Department & Anor [2015] EWHC 990 (Admin) (20 April 2015) 2 Goodwin v United Kingdom (2002) 35 EHRR 18 and PV v Spain (11 April 2011) (Application No 35159/09) 3 Births and Deaths Registration Act 1953, sections 29,14 and 14A 4 Administrative Court and Family Division in the Matter of TT and YY [2019] EWHC 1823 (Fam) 5 As Lord Simon noted in the Ampthill Peerage Case [1977] AC 547, page 577: "Motherhood, although also a legal relationship, is based on a fact, being proved demonstrably by parturition". 6 www.genderfluidsupport.tumblr.com/ gender 7 Trans - Exploring gender identity and gender dysphoria - by Dr Az Hakeem, 2018, Trigger Press ISBN 978-1-911246-49-7 8 www.gov.uk/apply-gender-recognitioncertificate. 9 www.legislation.gov.uk/ukpga/2004/7/ notes/division/4/12

www.cambslawsoc.co.uk | 25

WHEN IT COMES TO SUPPORTING THE RULE OF LAW… EXPERTS MATTER … As Lord Neuberger delivers the keynote address at the annual conference of the Expert Witness Institute in October 2019 Elizabeth Robson Taylor of Richmond Green Chambers went along to observe….

ooking back on autumn, lawyers will recall that it isn’t just a season of mists and mellow fruitfulness (although most do enjoy these). With predictable regularity, the falling leaves of autumn not only herald in the new legal year, they also create a really quite inspiring backdrop for fruitful new opportunities to meet, greet, network, contemplate and confer. Yes, the season of conferences kicks off in autumn, usually commencing — as far as the legal profession is concerned — with the annual conference of the Expert Witness Institute at Church House, Westminster — an event of particular interest to lawyers. The testimony of the highly qualified, rigorously trained expert witness can be crucial in court across a range of cases and circumstances, as Lord Neuberger emphasized in his keynote address — and it is the primary aim of the EWI to foster and nurture this role. As EWI Chair, Martin Spencer has insisted — ‘it has never been more important to have a credible voice for expert witnesses highlighting the critical role they play in our justice system.’ If anything, the Conference held up a mirror to the uncertainties of 2019, with its stated theme expressed as: ‘Nothing stays the same; is everything changing?’ Well, yes, actually — the implication being that as moving with the times is an imperative, mental agility and a willingness to adapt to change are what you need in any profession when ‘nothing stays the same.’ As Conference Chair and EWI Governor Amanda Stevens reminded the delegates in her opening address, ‘change is the only constant.’ At the same time, impartiality on the part of the expert witness is also key, a point emphasized by Lord Neuberger, retired President of the Supreme Court. ‘Experts,’ he said, occupied a ‘very difficult position’ in balancing their duty to the paying party with their duty to the court. While conceding that there is ‘no perfect answer’ here, he pointed out the necessity for everyone to bear in mind their responsibilities.

The judge needs help ‘When it comes to expert witnesses,’ Neuberger said, ‘the whole point is that the judge needs help, because he or she does not know about the topic. It is almost more dangerous for a judge trying a case when they 26 | www.cambslawsoc.co.uk

know about the topic than when they don’t.’ Neuberger then addressed a number of other topical issues, covering a number of key points. He referred, for example, to the then recent historic decision of the Supreme Court that Parliament could not be prorogued. Also, under scrutiny in his speech were the differences between ‘negligence’ ‘recklessness’ and ‘dishonesty.’ Primarily, ‘negligence’ stems from carelessness. ‘Recklessness’ means you don’t care whether you’re wrong or not, ‘Dishonesty? Basically, a deliberate lie when the liar who’s lying knows he’s lying but lies anyway. The Attorney General’s advice relating to the above-mentioned case was therefore not ‘negligent’, merely ‘wrong’. (A controversial view if there ever was one). Referring to a specific case, Neuberger stressed the importance judges assign to honesty, warning that in the event of dishonesty, ‘the law will come down on your head.’ Other issues, such as over-long documentation and contingency fees were also brought up. The former is disapproved of due to time constraints and the destruction of paper. The latter ‘make judges uneasy’ in view of the expert’s obvious financial incentives. ‘If you are charging on this basis, make sure the court knows,’ is Lord Neuberger’s advice. Generally, the relentlessly increasing pressures on time and costs, is exacerbated by what Lord Neuberger termed the ‘tsunami of documentation’ a problem which might, he added, be dealt with in the future by AI — Artificial Intelligence.

Losing our jobs to robots? Obviously, there are ‘no magic answers’ to this question as, like Brexit and its long-term effects, so much is unknowable. So, the image of a row of robots perching in a future Supreme Court is definitely in the realm of fantasy. In the here and now, however, the future of the EWI hinges on training. Many useful courses are available for EWI members and certainly training is one of the benefits of EWI membership. Experts may be expert in their own respective fields (from architecture and accountancy to a range of medical specialisms), but all need further instruction on such matters as court

procedure and writing expert reports. Also useful are the opportunities for networking that conferences provide. ‘People who don’t come to these conferences,’ observed Lord Neuberger, ‘are the very people who should.’

‘Boris the Spider’ … and the Lady and the Brooch Certainly, if you were one of those experts who for whatever reason, had decided not to attend the Conference you’d have missed having a laugh at. Martin Spencer’s reference — in his Chair’s address to the delegates — to Lady Hale’s now famous sparkling arachnid brooch which sparked no small amount of comment. Could this item of jewellery have been an oblique reference to the classic ‘Who’ song, ‘Boris the Spider?’ (‘Look who’s crawling up my wall’ etc, etc.) Considering that anything to do with Brexit has been monumentally somber and serious, this bit of lightheartedness was to be welcomed. In all, however, Spencer’s speech was very much on the same or similar page as Lord Neuberger’s. Focusing on the changing context for expert witnesses, he stressed that the ‘critical role the expert witness plays in the justice system necessitates their compliance with the relevant legislation and regulations.’ Quite rightly he has taken the view that experts appointed by instructing parties have the qualifications they say they have. A leading clinical negligence barrister from Hailsham Chambers, Spencer had some pithy things to say about experts who may be experts in their own area, but not expert in understanding their duty to the Courts. ‘The time has come,’ Spencer insisted, ‘when experts are accepted only when their credentials as experts are verified.’ Discussions and speakers Following a subsequent panel discussion chaired by barrister and professor of law science, Penny Cooper in which Martin Spencer participated, the conference featured a range of topics presented by distinguished speaker after distinguished speaker. ‘I have no doubt,’ said Martin Spencer in his welcome note to the delegates, ‘that you will leave here at the end of the day a better and in particular, a more confident expert’. It is unlikely that any delegate would have disagreed with that.

the hampden consultancy Building services (mechanical & electrical) consulting engineers Expert witnesses / Expert advisers / Expert assessors Registered Charity number 264221

e are a UK charity providing a fantastic selection of high-quality audiobooks to some 50,000 people across the UK who find it difficult or impossible to read due to an illness, disability, learning or mental health difficulty. We charge a membership fee to only half of our members- those who feel they can make some contribution and that is heavily subsidised. The other half need to be fully funded. Listening Books receives no central government funding whatsoever and very little local government funding. The reality is that Listening Books simply could not survive without the generous support of sponsors and the active co-operation of publishers.

ince 1993 we have specialised in assisting clients in resolving technical and contractual problems with respect to mechanical & electrical engineering services that can (and often do!) occur on many construction projects, whether during the pre-contract or construction phases, or indeed post-contract.

Whether you have already written your will or are thinking about writing one in the near future, we ask that you consider leaving a legacy to Listening Books. Your legacy will make a vital diﬀerence to the lives of our members for years to come.

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CALL US NOW on 020 7407 9417 or email us at: bdee@listening-books.org.uk

Please call Bob Swayne EngTech AMIHEEM for an initial discussion without obligation on 01494868868 or 07768497005 or visit our website on www.thehampdenconsultancy.com for more details.

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ABLE COMMUNITY CARE

Angela Gifford MD, Able Community Care

Talking About Care for a Loved One in 2020.

Talking about care for a loved one in 2020.

Christmas and the New Year are the times of the year when many families meet, and this leads to the discussion that a loved one needs care support or increased care support.

Care is available from many care providers and a look online at www.Yell.com will bring up the care

Christmas and Year are the times of the year when many families meet, and this providers in the your New local area. leads If toyou the discussion that a loved one needs care support or increased care support. live in a rural or remote area of the country the list of available care providers will be significantly reduced and as a family, you may think that a move to a residential care home is going to be the answer to

home and how you wish to live in your home and surrounding Care is available from many care providers and a look online the support needed. community is respected. at www.Yell.com will bring up the care providers in your local area. This is not necessarily the situation. Live-in Care, having care workers supporting you in your own home, Able Community Careown. has been providing Live-in Care is the alternative to making the often-sad exit from your home of choice, your packages throughout the UK for 39 years. We introduce If you live in a rural or remote area of the country the list of care workers help withreduced your personal your carers domestic can appropriate intotasks your and home onprovide a fortnightly basis and availableLive-in care providers will bewill significantly and as acare needs, our objective is to provide you with a rotational family, you may think that a move to a residential care home is companionship. Your home and how you wish to live in your home and surrounding community is system of carers whom you have chosen to support you. going torespected. be the answer to the support needed.

Community Care has been providing Live-in Care packages throughout the UK for 39 years. Wegives Our website at www.ablecommunitycare.com This isAble not necessarily the situation. Live-in Care, having detailed information and if youiswish we can also care workers supporting you in your own home, is the introduce appropriate carers into your home on a fortnightly basis and our objective to provide you send with you our information brochure. If you have questions, please give us a alternative to making the often-sad exit from your home of a rotational system of carers whom you have chosen to support you. call on 01603 764567 and we will be happy to answer them. choice, your own. Our website at www.ablecommunitycare.com gives detailed information and if you wish we can also send Able Community has provided hours please give us a call Care on 01603 764567millions and we of will be of

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reliable care support throughout the UK and beyond.

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Giovanni Francesco Barbieri, ii Guercino (Italian, 1591-1666) Portrait of an Italian Cane Corso. Sold March 2018

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We promise we’ll never put down a healthy dog.

Please promise to help us with a gift in your Will. Every year, Dogs Trust cares for over 15,000 dogs in our 20 rehoming centres across the UK. We never put down a healthy dog. By leaving a gift in your Will, your love of dogs can live on and help us make the world a better place for them. For more information email:

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GOVERNMENT U-TURN ON PROBATE FEES WELCOMED BY CHARITY BODIES Rob Cope Director Remember A Charity

ubbed a ‘stealth tax’, the proposed probate system would have seen thousands of bereaved families a year facing sliding charges of up to £6,000, as opposed to the current flat rate fee of £215. The Ministry of Justice expected to generate around £185 million from the increased fees by 2022-23. However, charity sector bodies had raised concerns with HMCTS and the Ministry of Justice that the planned fee increases could severely disrupt legacy giving; a ‘lifeline’ for charitable causes. Remember A Charity warned that such a hefty price tag for wealthy individuals – many of whom leave sizable gifts to charity – could discourage legacy giving and estate planning altogether.

After lobbying Government to abandon plans for a new probate fee regime that could threaten legacy giving, Remember A Charity and the Institute of Fundraising are pleased to welcome this weekend’s announcement that the proposed changes are to be scrapped. Speaking to The Daily Mail, Justice Secretary Robert Buckland confirmed the new fee structure had been abolished, saying: “I have listened very carefully to the strong views aired on proposed new probate fees. “While fees are necessary to properly fund our world-leading courts system, they must be fair and proportionate. We will withdraw these proposals, and keep the current system while we take a closer look at these court fees as part of our annual wider review.” Rob Cope, Director of Remember A Charity, says: "We're hugely relieved to hear that there will be no major increase to

probate fees and that the current structure will be retained, at least for the time-being. Charities large and small rely heavily on gifts in Wills. Worth around £3 billion a year, we simply can’t afford to risk jeopardising such an important income stream or to reverse the trend for growth in legacy giving.” “We’ll continue to work closely with Government to ensure the sector’s views are heard and that the legacy environment is protected. This includes ensuring that concerns about the prolonged delays to probate are addressed and the sector keep informed.”

PATRON: PROFESSOR DAVID J. BELLAMY OBE

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For tortoise, terrapin and turtle care and conservation. The British Chelonia Group

works to promote good husbandry of tortoises, terrapins and turtles kept in captivity in the UK. It publishes care sheets, six newsletters a year and a scientific journal, and arranges symposia and other meetings around the country. The group also takes an active part in worldwide projects that support chelonian conservation, by raising funds through annual appeals. Membership and General Enquiries The BCG’s Registered Address: New Barn Farmhouse, Toft Road, Kingston, Cambs. CB23 2NS

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Why Quill ticks all the boxes Our recently acquired Cyber Essentials accreditation is yet another tick in the growing list of reasons to use Quill’s software and outsourced support. Carrying the National Cyber Security Centre’s seal of approval with Cyber Essentials certification means our infrastructure is recognised as robust and we’re committed to raising the security bar even higher. Clients now have more incentive to choose their trusted full-service supplier. But the rationale for designating Quill preferential provider status doesn’t end there. No other legal sector software and outsourcing house can boast the unique combination of Cyber Essentials endorsement along with: CONTINUALLY ENHANCING SOFTWARE Our Interactive Cloud case management, document management and legal accounts application is subject to an extensive development roadmap which is responsive to end users’ demands and agile enough to flex as marketplace priorities change. Functionality is added constantly and communicated to clients through our monthly e-newsletters. Law firms using Interactive are assured of having the optimum toolkit for complete practice management from accounting and AML checking to matter management and time recording. With an absolute focus on compliance, all new and enhanced features are designed with regulatory guidelines at their core. Essentially, we see our role as software provider to lighten the load where compliance is concerned. We liaise intently with regulators, keep abreast of ever-changing rules and develop our systems accordingly way ahead of deadline. Take the refined SRA Accounts Rules 2019. Although the rules themselves are simplified, being less prescriptive actually makes them more open to interpretation with accompanying higher risk of error. And the penalties for mistakes are no less severe than previously. We’ve been introducing important changes to Interactive in line with the new rules, for example warning messages about transferring unbilled disbursements (rule 4.3) and narrativeonly transactions (rule 2.2) to record monies paid directly from practice to third parties. LSSA FOUNDER MEMBER We’ve been in close alliance with the UK industry body from day one of its formation. We live and breathe its code of conduct, uphold high quality professional standards always and take our accountability to safeguard clients’ best interests extremely seriously. In fact, we assign

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accountability such gravity that it’s literally in our brand. BEST COMPANIES STATUS If anything demonstrates what a great company Quill is to work for and do business with, it’s Best Companies official recognition. Being a 1-star organisation indicates workplace engagement as an integral component of our success and growth. In other words, we look after our employees and they, in turn, look after our clients. It’s a win-win situation for everyone involved. LIVING WAGE EMPLOYER Having voluntarily signed up to the Living Wage Foundation’s scheme, we promise to calculate salaries for permanent, temporary, apprenticeship and contracted staff on the higher hourly Living Wage rate rather than the lower Minimum Wage. Our responsible leadership stance is a way of actively closing the gap between what people need to earn in order to live in society and the Minimum Wage as defined by government. ILFM MEMBERSHIP By fortifying our partnership with the Institute of Legal Finance & Management, we’ve credited all of our cashiers, support team and trainers with paid-for-by-Quill membership as well as diploma studies for those at the early stage of their career progressing towards recognised legal cashiering qualifications. As the leading education authority and membership body for the sector, the ILFM is perfectly aligned with Quill, being industry specialists too. CASHIERING SERVICE PROVIDER We’re not exclusively a software house. We have a team of 60 experienced cashiers who offer outsourced legal accounting support in compliance with the stringent SRA Accounts Rules, CLC Accounts Code or Scottish Accounts Rules. Clients can choose from Pinpoint – complete with deep integration to Interactive – or Precision – remain using an existing accounts application whilst reaping the benefits of the same rigour and knowledge applied to Pinpoint.

PAYROLL AND TYPING OUTSOURCING SERVICE PROVIDER With an extended range of outsourced services in the form of payroll processing and pension management, and typing assistance, there really is no better logic for selecting Quill as the primary supplier for all back-office requirements. The former – outsourced payroll – is delivered by our in-house specialist payroll clerks who are fully conversant in the latest payroll and pension legislation, PAYE, RTI, AE, SSP, SMP, SPP and attachment of earnings amongst them. The latter – outsourced typing – is powered by the renowned Document Direct team, enabling clients to dictate from anywhere and receive expertly typed-up documents within agreed timescales. We’re setting out our stall like this because lawyers are sometimes surprised to learn the full extent of what we do at Quill. The fact of the matter is we’re the one-and-only company who can make bold claims about supplying the complete behind-the-scenes framework to thrive in today’s challenging legal environment. We’re different and proud of it.

chevron-circle-right Why not take a closer look at our accreditations, awards, portfolio and history? Then get in touch with our friendly team to chat about the best blend of tools to optimise the performance of your practice. Please visit www.quill.co.uk, email info@ quill.co.uk or call 0161 236 2910. Julian Bryan joined Quill as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016 to 2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.

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