D&DLS 68 May 2017

D&DLS Bulletin Derby & District Law Society www.derbylaw.net

May 2017

‘...and it’s goodnight from him....’

Peter Ball retires - p. 5

Also in this issue: Skills Triathlon 2017 • Meet your new Administrator - p.9 Gold Patrons of the Society

D&DLS Bulletin Derby & District Law Society

May 2017

Contents 3 - Contents

9 - Council Member’s Report

18 - Skills Triathlon Winners

3 - Editorial

10 - Annual Dinner 2017

20 - CPD Programme 2017

4 - List of Officers

13 - Cyber Security

22 - Top tips on combatting fraud

5 - Peter Ball’s Reflections

14 - Property

24 - Conveyancing Searches

6 - Outgoing President’s Address

14 - Recruitment

26 - Paternity Fraud

7 - Incoming President’s Address

15 - Land Charges Update

28 - But for the accident...

9 - Meet your new Administrator

17 - Training

30 - Bidwell Henderson

Editorial Well, nothing brings home the closing of a passage of one’s working life like writing the phrase ‘Nothing brings home the closing of a passage of one’s working life’!

This is my final Editorial, and as I have also taken the liberty of including in this issue an article containing my reflections on the past 20 years as Administrator, I will not deal with the past, but the present – and the future – for both the Society and myself.

The AGM on May 10th saw Andy Cash step down and hand over the Presidency to Simon Stevens of Eddowes Waldron, with Ben Lawson of Geldards stepping up to VicePresident and Martin Salt of Maclaren Warner coming in as Deputy Vice-President; you can read both Andy’s and Simon’s addresses to the AGM over the page – and if you don’t know who they are except by name, there is a picture of the whole team too. As ever, the AGM was sparsely attended, achieving the quorum of 15 with 2 minutes to spare and, as ever, it was mainly the same old faces – principally the Committee plus one or two other interested/ press-ganged members – but yet again the vast majority voted with their feet; as Arthur Titterton once said, the most popular and

Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com

well-supported sub-Committee the Society has is the Apathy Committee, as it clearly has well over 250 members. Looking ahead, the profession will continue to be faced with many challenges and if you wish to have your say, or have it said on your behalf, the Society offers you the chance to do so – but only if you, the membership, engage with it.

Albufeira in the Algarve, where we hope to spend rather more time than we have in the recent past, plus (hopefully) more other holidays and long weekends away. And last, if not least, there will be the list of things I am sure Chris has up her sleeve for ‘when you have a moment ….’. I am sure life will not be dull, just different!

There is younger blood coming through in the shape of the new team and the Presidential ‘pipeline’, and this, together with the ideas the Junior Lawyers are coming up with, will hopefully allow my successor to administer a newly-energised, effective and relevant Society – but again, only if you, the membership, engage with it, so that the Officers and Committee know what it is that you want from YOUR local law society. There IS a role for local law societies – the big question is ‘what should it be?’.

So there it is – the end. Please support the Society as it strives to help you the local profession deal with the challenges and issues which the future undoubtedly holds in store – don’t leave it to others. And as a final wish, I hope that Julia has as much enjoyment and fun as, and less frustration than, I have had in this role – but that is in part, down to her, and in part, down to you…..Au revoir!

So what does the future hold for me as I ride off into the sunset of retirement? Well, 2 acres of land and garden will take up some of my time – if I were ever to make it into Burke’s Peerage my list of interests would start with ‘mowing grass’. Then there is the apartment in which we have a quarter-share just outside

Jan 2nd 1997 – May 31st 2017

Peter Ball Administrator

PS: The Society’s email address admin@ derbylaw.net will pass over to Julia from June 1st, so should you wish or need to contact me after that date my email address is pebcvb@ gmail.com, and tel.no. is 01283 520183.

Advertising Simon Castell

Published May 2017

Legal Notice © East Park Communications Ltd.

Managing Editor Peter Ball

© East Park Communications Ltd.

Design David Coffey

East Park Communications would like to wish Peter Ball a long and happy retirement! Thanks for your support over the last ten years.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd 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. Correct at time of going to press.

Accounts Tony Kay

Best wishes from Simon, Dave, Peter and Tony.

www.derbylaw.net

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Officers and Committee Members for 2017 Officers

President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Vice-President* Ben Lawson Geldards LLP, Derby Tel: 01332 331631 Deputy Vice-President* Martin Salt Maclaren Warner, Ilkeston Tel: 0115 9304994 martin.salt@maclarenwarner.co.uk Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Martin Salt Maclaren Warner, Ilkeston Tel: 0115 9304994 martin.salt@maclarenwarner.co.uk Immediate Past President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking. co.uk

(* = Ex-Officio) Parliamentary Liaison Officer Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk Public Relations Officer (+)

Vacant Derby Junior Lawyers Ellis Pugh Geldards LLP 01332 331361 ellis.pugh@geldards.com Natalie Yeung Geldards LLP 01332 331631 natalie.yeung@geldards.com Constituency Council Representative, Derbyshire (+) Michael Williams Tel: 01298 24185 mwilliams@bemerton.co.uk

Other Committee Members Scott Atkins Derby School of Law Tel: 01332 593445 S.Atkins@derby.ac.uk Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 Via nikki.rennie@flintbishop.co.uk Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk Paul Hackney Geldards LLP, Derby Tel: 01332 331631 paul.hackney@geldards.com David Hardy Tel: 01332 842008 david.hardy1630@gmail.com Elizabeth Haysom Derwent Law 01332 780718 elizabeth@derwentlaw.co.uk Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Claire Rudkin Flint Bishop, Derby Tel: 01332 340211 claire.rudkin@flintbishop.co.uk Manesha Ruparel legal@manesha.com Mike Simpson Simpsons Solicitors, Derby 01332 424500 mike.simpson@ simpsonslawuk.com Susan Woodall Astle Paterson, Burton Tel: 01283 531366 suewoodall@astlepaterson.co.uk Stephen Woolley Geldards LLP, Derby Tel: 01332 378335 stephen.woolley@geldards.com

(+) attend Committee by invitation

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Solicitors’ Benevolent Assoc. area representative Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753 Administrator / Bulletin Editor Julia Saunders, 16 Risborrow Close, Etwall, Derby DE65 6HY Tel: 01283 734989 Mobile: 07964 358042 Email: admin@derbylaw.net.

Sub-Committees (Secretary in italics) Contentious Business Stephen Woolley Paul Hackney Mary Honeyben David Hardy Karen Reynolds Gary Adamson (01332 347300) Rebecca Carr (01332 221722) Katy Fugle (01332 367051) Steven Savage (01246 220737) Compliance Officers’ Group (COG) Vacant Criminal Litigation Simon Stevens Andy Cash Quentin Robbins Andrew Oldroyd (01332 225225) Nick Wright (01332 364751) Education & Training Sue Jennings, & all Sub-Committee Secretaries Employment and Business Law Sue Jennings Family Law Fiona Apthorpe Diana Copestake Ben Lawson Manesha Ruparel Julie Skill Vince Beckworth (01332372311) Melanie Bridgen (01283 2264440 Claire Dean (01335 345454) Liz Doherty-Astle (01332 592523) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293) Janine Hobday (01332340221)

Ruth Jones (01332346084) Gareth Protheroe (01332 340211) Natalie Yeung (01332 331631) Finance Andy Cash Simon Stevens Ben Lawson Sue Woodall Fiona Apthorpe Di Copestake Private Client Claire Rudkin Martin Salt Nikki Spencer (0115) 932 4101 Christine Hinkley (01332) 836666 Kim Kirk (01332) 600005 Tim Dysterre-Clark (01332) 600005 Kirsten Wood (01332) 340211 Rachael Francis (01332) 340211 Julie Cook (01332) 340211 Dervla McLaughlin (0115) 932 4101 Property Law Vacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale (01283 561531), Natalia Delgado (01246 231288), Sally Gill (01246 231288), Stephen Gordon (01246 270112), Michael Taylor (01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431).

Professional/Regulatory Purposes Subsumed into the Full Committee – working groups to be convened according to the subject at hand.

Sole Practitioners’ Group (SPG) Tina Attenborough

(Last updated 11th May 2017)

Reflections

Well – how was it for me?

Reflections, 1997 - 2017 I hope you do not mind if I reflect on the past 20 years spent as Administrator of the Society; some of this is a repeat of what I said at the Dinner, so apologies to those who were there, and for whom parts of this might occasion a brief sense of ‘déjà vu’.

It all began in 1996 when my wife Chris showed me a small box ad in the Derby Evening Telegraph, saying ‘You could do that’. I had been made redundant from Bass in 1994, in the eventual aftermath of the infamous 1989 ‘Beer Orders’, after a career in marketing beers, wines and spirits, and after a time spent as a consultant, was looking for something more permanent, but not full-time. As we do not take the DET at home and Chris was working in Uttoxeter at the time the chances of that ad coming to my attention must have been miniscule, but it did, After being interviewed by a panel lead by then-President Peter Scragg, I started as the Society’s first Administrator on January 2nd 1997 and the rest, as they say, is history – history which finally comes to an end on May 31st, after 20 years, 4 months and 29 days (not that I have been counting!).

There was no job description when I started, and the only brief I was given was ‘We would like to have a programme of training courses at local venues and with attractive (ie low) fees – oh, and by the way, you will need to generate your own salary!’ Much of what I have done, and the way I have done it, has been developed on the hoof, as the need or opportunity has arisen, and although it appears to have been fairly successful I am sure that there is scope for things to be added, removed and/or amended with a new Administrator at the helm.

It would be disingenuous of me to say that I have enjoyed every minute of the last 20 years – but it would be true to say that I have enjoyed the vast majority of it. There have been issues and challenges to face along the way – not least the effects of the onset of the recession in 2008/9 and its affect on both membership and course attendances, both of which had a significant negative impact on income, which had previously been healthy and allowed the Society to build reserves of c £50,000. Needless to say, in the continuing aftermath, and with membership levels nowhere near the prerecession peak of 423 achieved in 2008, but now slowly recovering (currently 297), the Society’s finances have become much tighter, and the aim these days is probably at best to break even.

I make no apology therefore for my increasing focus in recent times on seeking Patrons and sponsors for either the Society as a whole (thank you Severn Trent Searches and Derby Law School) or for specific events (thanks again to Severn Trent Searches for the quiz, and the Garrandale Group for the Annual Dinner).

The ‘highs’? The Annual Dinner each year gives me a real buzz when it all comes off successfully, and even if I say so myself, I do organise events quite well – elsewhere my successor Julia Saunders refers to ‘OCD’ and whilst I wouldn’t go quite that far, I do believe that all i’s should be dotted and t’s crossed. Another ‘plus’ was the fact that the Society grew from 262 members in 1997 to 423 in 2008, not least when Chesterfield decided that the then Derby Law Society was so much more active and effective than they were that they chose to join us in 2001 – hence Derby & District Law Society. The ‘lows’? I guess it is the same in all membership organisations, but the ‘silent and disengaged majority syndrome’ does cause a degree of frustration – especially when some of those who cannot be bothered to actually engage and/or do anything still reserve the right to moan. I said at my last Committee meeting that I had it in mind to write a list of those I predicted would attend the AGM on May 10th and to see how many I got right, as unfortunately it is the same old faces all the time. Having said that, I am heartened by the recent resurgence of the Junior Lawyers, as not only are they now represented on the Committee and coming up with – and putting in place – initiatives of their own which may well have relevance for the Society as a whole, particularly in the use of digital media, but they are the future of the profession, and of the Society.

Presidents are the same’. I have experienced a wide range of Presidential styles, from the ‘absentee landlord’ to the obsessively detailed, but thankfully most have occupied the happy middle-ground and have been a pleasure to work with, and for (I will name no names in any category!). Suffice it to say that the relationship so accurately and humorously portrayed in ‘Yes, Prime Minister’ has been alive and well in your Society – I leave you to decide who is Sir Humphrey and who is Jim Hacker!

In conclusion, I wish my successor Julia (more from her elsewhere) and the Society as a whole the very best of luck going forward, as the challenges facing the profession – and hence the Society - show no sign of abating.

Although The Law Society is now, as all local law societies have always had to be, purely a membership services organisation, and hence must inevitably begin to duplicate or encroach on areas previously solely (and some might say, better) occupied by local law societies, there remains a place for local societies which can better reflect – and feed back ‘up the line’ – the views and concerns of the local profession, and address local issues, in a way which I suspect Chancery Lane cannot. Also, I cannot think of any other profession which has been subject to the same degree of consistent and frequently ill-informed or just plain doctrinaire meddling from government, of whatever hue, than the law; when you consider that lawyers make up a greater proportion of MPs than any other single profession I do begin to wonder whether the lack of awareness of the pitfalls of some of the proposed ‘reforms’ amongst those at the top is due to those lawyer MPs ‘going native’ once they reach Westminster, or whether their informed representations to ministers (if asked) are ignored in the same manner as so often are the profession’s responses to MoJ ‘consultations’ (otherwise known as ‘windowdressing’ to those of us who are fully paid-up members of the Cynics Society).

Anyway, enough of the politics, it’s time to sign off for the last time. I hope that both Julia and the Society flourish, and if I may I would like to be kept in touch, as 20 years is quite a chunk of my working life, and I have made some good friends among the Committee and wider membership, and it would be a shame to lose those links completely (hint – I do set a mean quiz!).

As Bugs Bunny once said ‘That’s all, folks!’

Wishing you all the very best

Déjà vu warning – two of the pieces of advice I gave Julia at the Dinner were ‘Take your Presidents as you find them’, and ‘not all

Peter Ball Administrator (Retired)

www.derbylaw.net

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Outgoing President’s address to the AGM I suspect that most Presidents reaching this point in the year wonder what has happened to the preceding months. I certainly shake my head in amazement that my year has now gone.

Needless to say on a personal basis, I’ve had a fantastic time. The year started with the President’s weekend in London, followed by many opportunities to take the Society’s gong for a walk. Innumerable formal dinners and invitations to networking events around the county and beyond have been most enjoyable.

I have particularly enjoyed the Triathlon and other joint events with our Gold Patrons the University, evening drinks with our criminal lawyers and judges and of course most particularly the Annual Dinner. The Dinner was superbly organised for the last time by Peter Ball and capped by the side splitting address of Judge Paul Watson QC. I have been delighted by the positive feedback to the Dinner, which provided a fitting marker to the end of Peter’s tenure as Administrator.

Being allowed to be President of the Derby

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and District Law Society is a great honour. It does of course, bring with it obligations and responsibilities and I am very conscious of the fact that having set several hares running at the start of my year and following the meeting which my predecessor Di Copestake set up with the profession last February those hares may be beginning to tire as they get to the edge of the field.

We set ourselves the task of reorganising the Society rulebook and that is a box ticked.

We also wanted to look at the website and after a long period of gestation and with considerable help from the young lawyers that is something that our new Administrator Julia is now able to press on with a view to producing an effective and interactive web face for the Society.

The impact of government political intervention in our profession has been considerable this year as in the last. These interventions have been a major concern for a large number of our colleagues. As a result of these matters and, I accept, a lack of push from me, other areas of proposed action have not moved as quickly as I would have liked.

We planned to review our membership,

and how we attract and retain members, and how we account for subscriptions.

We acknowledge a real need to review sponsorship of the Society and look to find sponsors to take up the baton carried so well for us in recent years by Garrandale.

Finally we wanted to look to add new and different social networking and educational events to the Society’s diary.

However I started the year with a meeting with the current Vice President and Deputy Vice President and we shared our expectations and views of the future. They will be working with our new Administrator Julia and I have every reason to hope that Simon during his year, supported by Ben, will be able to drive those and other initiatives with enthusiasm and I ask all members of the profession to support them as wholeheartedly as I have been during my year.

I look forward to continuing my involvement with the Society from the backbenches, and be sure those who follow me will have my full support.

Andy Cash President, 2016-17

Incoming President’s address to the AGM

The new team (l-r) Fiona Apthorpe (Hon. Sec.), Simon Stevens (President), Andy Cash (IPP), Ben Lawson (V-P), Martin Salt (DV-P and Hon. Treasurer), Julia Saunders (Administrator).

It only seems a very short while ago that Andy Cash asked me to join the Society on the Criminal Law Sub-Committee. It was when the coalition Government tried to introduce a two-tier system of contracting for Criminal Legal Aid upon providers, splitting the contract between those able to apply for a Duty Solicitor Contract and those who could not. The ideology of the plan would have cut the number of providers by two-thirds together with huge reductions in fee structure. As part of the campaign against the plan it was that our Society meetings were called and support given to a nationwide show of unity against the new proposed system. Thankfully the plans were scrapped but not after a reduction was made to the fees with still more cuts looming. It was really fantastic to rally all of the local lawyers together to stand up and fight.

Only a few months later I received a call from Andy press-ganging me into taking on the role as his Deputy. He definitely caught me unguarded and must have had a word with Catherine Hackney who also cajoled me into saying yes and accepting his gracious offer for me to take on this role. I am very honoured for being chosen and I am looking forward to my year in the hot seat though the thought of the Annual Dinner now only 12 months away bring me out in a cold sweat. With Julia as our new Administrator I am sure we can pull it together and follow on in Peters’ shoes and put on a great evening.

I came into the law after a career change, qualifying at 37. My parents were very proud to say the least, if not a little worried that I was having an early mid-life crisis by giving up a career in sales

management and moving ‘up north’. After spending a few years in Sheffield, Doncaster and Worksop under the guidance of Stephen Paramore at Foy & Co I made my way down to Derby in 2005 where I joined Bhatia Best. An opportunity then arose for me to join Eddowes Waldron where I have been for nearly 11 years now. I always said that I would never live in the same place as I practice but that came to a swift end. I do sometime wish I could walk through the city on a weekend or nip out for a quiet pint with my faithful hound Bomber the bulldog without getting stopped or recognised by clients old and new! Living in Derby City centre has its benefits too, a very short walk to both office, Court and Police Station rather than a long commute.

This presidential year will no doubt see a whole host of change in all areas of law. We have the delight of a General Election; the question of what changes may be re-introduced and introduced once the new Government is established; the prospect of late-night Court sessions; fee cuts and many, many more challenges. We will all have to embrace whatever comes along, and where and if necessary use our collective voice.

Our Society started in 1886, so there have been a total of 131 Presidents - and none has had to serve twice, as has been the case with some other local law societies! For a while I may well be among the youngest Presidents but with Ben Lawson as my V-P this accolade won’t last!

Simon Stevens President, 2017-18

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T On 18 The SRA w

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Meet your new Administrator Lots of you will know me but it is good etiquette, I am reliably informed, to introduce oneself in polite company.

I am Derby born and bred, married with two boys, one smelly teenager who grunts a lot and one still smiley 11 year old who I try not to let out of my sight lest he catches said teenage disease.

I studied law (and accounting – but you would never know!) at Leicester and did my LSF at Guildford. I was articled to Nigel Davis at Flint, Bishop and Barnett and spent a year of my articles at the rather idyllic Ashbourne office.

After qualifying I worked for a firm in Mansfield for four years and did all aspects of law – a great general start to a career as a Solicitor

that I guess you just don’t find any longer.

I moved back to work in Derby in 1998 at Moody and Woolley, where I became a Partner a few years later running the Litigation Department and specialising in Family work. I joined the D&DLS in 1998 and became an active member of the family law sub committee, which I ran whilst Ms Apthorpe was otherwise engaged on maternity leave. I became Treasurer in 2006 and was President in 2009/2010.

I retired in June 2012 with no thoughts of ever returning to the Law – until now. I hope you will bear with me as I get used to this new role but feel free to pick the phone up or email me to have a moan or better still a chat.

Please note that for continuity I will be taking over the Administrator’s email address admin@ derbylaw.net from June 1st, but if you wish to email me before then my home email address is also given below.

Julia Saunders grmmkp@aol.com or admin@derbylaw.net from June 1st 2017 01283 734989 07964358042

Change in D&DLS contact details Following the change in Administrator and the reduction in Julia’s hours, and hence range of duties, it has been decided to discontinue the Society’s dedicated telephone number 01283 815030; when referring members of the public or when contacting Julia yourself please use the Society’s email address admin@derbylaw. net, which remains unchanged. If you need to call, use the numbers listed on p4, but please do not give these numbers out to members of the public.

Council Member’s Report It is nearly 2 years since I was accidentally elected to the Law Society Council as the constituency member for Derbyshire and East Staffordshire. A number of people twisted my arm hard to accept the position and I am now very glad they succeeded. I have found it very enjoyable and I feel I can contribute usefully to the discussions of the issues that arise.

For the future success of the profession, a strong and effective Law Society is, in my view, indispensable and the current governance review is working towards the arrangements we need in the challenging times ahead.

Progress has been slower than I and many others would like but we are getting there.

The trouble with many lawyers, as I have found in practice, is that they think of all the snags rather than finding the solutions – too many destructive thinkers!

There are many other current issues. As I write this, the SRA has revealed its latest proposals for the routes for qualifying as a solicitor. There is a serious danger that in the anxiety for diversity we countenance the dumbing-down of standards. I believe, passionately, that this is not in the public interest. A decent academic standard and

rigorous practical training are essential.

There can be different routes for achieving these standards but, at the end of the day, quality is vital. There would be a public outcry if any watering down of standards for doctors were suggested.

It is all too common to hear solicitors expressing the view that ‘the Law Society is a waste of time’. I am the first to acknowledge that it is far from perfect and could do better.

I am working hard with my colleagues on Council to achieve this improvement. The regular distribution to you of the report that is now issued each week from Chancery Lane shows you how much good work goes on, provided of course you read it. You really should - you might be surprised if you did!

Not all the issues listed will affect everyone but the diversity of the information demonstrates very well the wide range of areas in which the Law Society is battling away on behalf of the profession. It is an uphill fight at times, especially on issues like Legal Aid, and it is not helpful that the government seems to think that Justice should be a self-financing activity rather than a fundamental cornerstone of a civilised democracy.

However, we would all be in a far worse position if the Law Society did not press the views of the profession at every turn. It needs to continue to do this and we all need to work together to make it even more effective.

It transpires that I was elected half way through my predecessor’s term. I therefore have to stand for re-election this year. Your committee has kindly indicated it wishes me to continue, so unless defeated by an alternative candidate, I will start a 4-year term in July. I would welcome the opportunity to continue to serve for a further 4 years, but I intend standing down at the end of that period.

I would be delighted to hear from anyone who has anything to raise or discuss with me, or might be interested in following me.

Serving on Council is definitely worthwhile, it is not excessively time consuming, even for someone in full-time practice, and there is a very important job to be done.

Michael Williams Council member, Derbyshire & E. Staffs.

01298 24185 mwilliams@bemerton.co.uk

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Social D&DLS Annual Dinner 28th April 2017 - and more… managed to steer us through and keep the organisation together. You have been a constant in the Society when the profession itself has been ever changing and a huge, almost always cheerful, support to those you have served.

You will be missed. We all wish you and Christine health and happiness in your retirement but remember - I know where you live if I get stuck!!!!

Julia Saunders Administrator-to-be

I am pleased to say that I now know exactly the correct amount of OCD needed to run a faultless Annual Dinner for the Derby and District Law Society – lots!! Our outgoing Administrator, Peter Ball, managed to pull his 19th and final Dinner out of the hat by such attention to detail as I dare say may never be repeated.

President, Andy Cash welcomed guests including the Vice Lord-Lieutenant, three Circuit Judges, three criminal District Judges, the Police & Crime Commissioner, the University ViceChancellor, and representatives from four local Law Societies, other professions – a distinguished set of guests indeed.

During the meal, there was a significant amount of chatter and moving around as the profession caught up with itself and colleagues and no doubt gossip exchanged! One of the best things about the Annual Dinner is the chance to see fellow lawyers out of their work suits and in a social environment.

The toast to the Society was entertainingly proposed by DJ Jonathan Taaffe and a suitable response given by President Andy – there were several references to swingers, but I didn’t understand them.

Andy was able to present our longstanding Administrator with an engraved silver wine-cooler to thank him for his years of service to the Society, together with a voucher for a ‘5 super-car racing experience’. Peter actually then gave quite a short speech (usually being a man

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of many words) which included some words of wisdom for me as incoming Administrator which basically boiled down to ‘take charge of your President’ (Simon I hope you are taking notice!)

The response on behalf of the guests this year was given by HHJ Paul Watson QC. His speech was full of wit and humour, and clearly hit a chord with many of the lawyers in the room.

The outgoing procession was ditched in favour of getting the disco started and the Derby Junior Lawyers who were represented impressively with two tables could at last let their hair down and boogie.

Well done Peter for not only this Annual Dinner but the many previous dinners, events and courses that you have so capably organised. Managing lawyers is like “herding cats”, but you have

This year’s Dinner was kindly supported by Patrons Severn Trent Searches and Derby Law School together with principal sponsor the Garrandale Group.

Cyber Security What do the Three Little Pigs and Ransomware have in common?

We have all heard the story of the Three Little Pigs and the Big Bad Wolf.

and windows. What’s worse, we often rely on ignorance, faith, or the belief that the security in place is adequate.

What this story tells us is that ignorance isn’t bliss, and that ‘if you fail to prepare, you are preparing to fail’.

IT security is a bit like making a cake - you can’t make one with just a couple of eggs, you need all the additional ingredients for it to be a success. It is equally important that those ingredients are in date, just as your protection systems and procedures need to be up to date in this ever-changing world.

Over the last 20 years, legal practices have gone through a revolution of change, and computers are now an integral part of any legal practice. Moreover, our reliance on IT systems is key to maintaining the practice’s operating efficiency.

However, this reliance on IT systems brings with it risks and potential problems, particularly in the area of security.

When we consider the security of tangible items such as our home or car, we automatically make sure we lock them when we leave them and ensure that we do not leave the windows open, thus denying potential thieves easy entry. This comes naturally to us all. So in most instances, we resemble the third little pig, with a house made of bricks.

However, when it comes to IT security, many people or firms will be more like the first two little pigs where they either do not appreciate the threat represented by the wolf, or think a house made of straw or twigs is adequate protection from any threat.

So, in our version of the story, who or what is the ‘Wolf’?

You are probably aware of the recent headlines in the national press regarding ‘Ransomware’ and ‘Malware’, where an organisation’s IT systems have been subjected to intrusion or hacked (i.e. accessed illegally by a third-party). This most often results in its internal information being encrypted so that no- one can access the information internally. These cyber-criminals will then blackmail the organisation into paying a ransom so they can get their information back safely.

However, it is reported that even when a ransom is paid, there is only a 20% chance that the encrypted information will be returned safely.

When it comes to IT security, most businesses rely on a single ingredient called ‘Anti-virus software’. However, the way this works can still leave you vulnerable, as Ant-virus software is purely reactive and is thus always playing catch-up. Furthermore, there is a reliance on the faith and belief that backups will work every time and that they contain the relevant data most pertinent to a business.

However, most practices do not have a rigorous procedure in place for validating their backups, and determining that what they believe their backups include is sufficient to allow them to continue business as normal following a restore.

Would you like to know more?

If there is sufficient interest in learning more about how to enhance your firm’s protection against the ever-increasing range of sophisticated cyber-threats, we will be happy to put on a seminar, in which we will discuss: • What are the threats • What are the trends • What you can do today to make yourself secure • What you can do tomorrow to make yourself secure • How to minimise the risk of a breach

So is the ‘Wolf’ real, or just a fairy-tale?

Unfortunately, this is definitely not a fairy-tale - and it will get worse before it gets better.

• 2 Million IT related attacks happen every day in the UK alone, because of threats on the internet.

• It is estimated that 50% of businesses in the UK experienced a virus or malware attack in 2016.

• UK companies are three times more likely to be targeted by an attack than an American organisation.

There is a new legislation – the General Data Protection Regulation (GDPR) - coming into force in May 2018, whereby if there is a data breach, any organisation will be fined for this breach to a value of up to 4% of their annual turnover. It is also expected that additional fines may be levied by your (legal) regulatory bodies.

However, when it comes to computers, it is harder to visualise the threat of the wolf, as it is not something we can physically see or envisage - it isn’t as simple as ensuring you have locked your doors

This event would be Co-hosted by East Midlands Special Operations Unit – Cyber Crime Unit and Tiedata Limited.

Tiedata has been trading for over 36 years, and works with local firms based in the East Midlands. They work with a number of legal practice’s including Nigel Davis Solicitors, Simpson Solicitors, Cleggs Solicitors, and many more.

Quinton Langton, who will be presenting, is a Professional Member of the British Computer Society, and has a natural ability to discuss technical issues in easy to follow English.

Quinton will explain the prevalent threats to businesses and their IT systems and discuss the technologies available and necessary to protect them.

If you or any of your non-member colleagues are interested in learning more, please email admin@derbylaw.net to register your interest – if there is sufficient interest expressed we will set up a seminar along the lines stated above.

www.derbylaw.net

13

Property ESBC Local Land Charges Update Spring 2017 Spring can be a demanding time for Conveyancers and to help you, Local Land Charges in Derbyshire and Staffordshire have sent you the attached Easter Edition of our ‘Information Sheet’. The Sheet contains our search fees and contact details, together with the services each Local Authority provides. Members of the Local Law Societies have found the form a huge time saver when purchasing an Official Local Authority Search, I hope you do too. Do not hesitate to contact me if you need any further information.

Please Note: the majority of search fees have changed since the introduction of VAT on the Con29 element of the search.

Kind regards

Caroline Frankland Local Land Charges Manager East Staffordshire Borough Council The Maltsters Wetmore Road Burton upon Trent DE14 1LS Tel (01283) 508740

For General Enquiries: E-Mail locallandcharges@eaststaffsbc.gov.uk Tel (01283) 508371 Website http://www.eaststaffsbc.gov.uk

Recruitment

We wish to recruit an experienced Commercial Property Lawyer who has Conveyancing experience.

The succesful candidate will have at least 3 years PQE and should have the ability to deal with a busy mixed caseload and work to CQS quality standards.

Commercial work will include; * Negotiating and drafting contracts and leases * Landlord & Tenant * Acquisitions and Disposals The applicant must be confident in handling commercial property matters through to completion with minimum supervision.

This is an excellent opportunity for the right candidate at a longstanding succesful firm.

Please supply CV and reply to Bruce Kirk at: SGC Solicitors, 25 Derby Road, Long Eaton, NG10 1NA, email: bruce.kirk@sgcsolicitors.co.uk

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Anderson Partnership Legal Secretary - Family/Care Applications are sought from experienced secretaries that are able to provide comprehensive administrative and secretarial support to the Departmental fee earners. Preferably, you will have experience of Child Care and Legal Aid matters, but duties will also include dealing with divorce, finance and Children Act matters as required.

Strong organisational skills and an ability to manage and prioritise workloads are essential, as are competent audio typing skills. You will be familiar with Microsoft Office applications as well as having had experience of using a case management system.

The firm are able to offer a competitive salary and holidays in accordance with your level of experience.

Interested applicants should email a CV, together with covering letter to:

ashley@andersonslaw.co.uk

Land Charges 2017 Update 1st January 2017 Winter/ Spring 2017 Edition

Local Land Charges Contact Name and Telephone Number

Email Address and Website Address

Name of Local Authority Amber Valley

Bolsover

Cannock Chase

Chesterfield

Contact

Elaine Bonser

Email

land.charges@ambervalley. gov.uk

Telephone

01773 841357

Website

www.ambervalley.gov.uk

Contact

Jim Fieldsend

Email

jim.fieldsend@bolsover. gov.uk

Telephone

01246 242472

Website

www.bolsover.gov.uk

Contact

Tracie Clarke

Email

locallandcharges@ cannockchasedc.gov.uk

Telephone

01543 464391

Website

www.cannockchasedc. gov.uk

Contact

Lisa Fretwell

Email

local.searches@ chesterfield.gov.uk

Telephone

01246 345303

Website

www.chesterfield.gov.uk

Contact

Wendy Wignall

Email

landcharges@derby.gov.uk

Telephone

01332 641006/ 640805

Website

www.derby.gov.uk/ landcharges

Contact

Debbie Spencer

Email

debbie.spencer@ derbyshire.gov.uk

Telephone

01629 538650

Website

www.derbyshire.gov.uk

Contact

Mark Sanderson

Email

landcharges@ derbyshiredales.gov.uk

Telephone

01629 761270

Website

www.derbyshiredales. gov.uk

Contact

Caroline Frankland

Email

locallandcharges@ eaststaffsbc,gov.uk

Telephone

01283 508738

Website

www.eaststaffsbc.gov.uk

Contact

June Hammond

Email

land-searches@highpeak. gov.uk

Telephone

01298 28460

Website

www.highpeak.gov.uk

Contact

Stephen Earp

Email

landcharges@lichfielddc. gov.uk

Derby City

Derbyshire CC (Highway Enquiries only)

Derbyshire Dales

East Staffordshire

High Peak

Lichfield

Newcastle under Lyme

South Derbyshire

South Staffordshire

Telephone

01543 309650

Website

www.lichfielddc.gov.uk

Contact

Caroline Horne

Email

landcharges@newcastlestaffs.gov.uk

Telephone

01782 742232

Website

www.newcastle-staffs. gov.uk

Contact

Diane Grice

Email

land.charges@southderbys.gov.uk

Telephone

01283 595 851

Website

www.south-derbys.gov.uk

Contact

Denise Blower

Email

landcharges@sstaffs. gov.uk

Telephone

01902 696 116

Website

www.sstaffs.gov.uk

Contact

Kay Weston

Email

landcharges@staffordbc. gov.uk

Telephone

01785 619 534

Website

www.staffordbc.gov.uk

Contact

Debbie Bailey

Email

land.charges@ staffordshire.gov.uk

Telephone

01785 854 882

Website

www.staffordshire.gov.uk

Contact

Jacqui Carr

Email

Land.charges@ staffsmoorlands.gov.uk

Stafford

Staffordshire CC (Highway Enquiries only)

Staffordshire Moorlands

Stoke

Telephone

01538 395 470

Website

www.staffsmoorlands. gov.uk

Contact

Sharon Fern

Email

land.charges@stoke.gov.uk

Telephone

01782 232 775

Website

www.stoke.gov.uk/searches

Contact

Ann Hickman/ Angela Stringer/ Janice Clift

Email

locallandcharges@ tamworth.gov.uk

01827 709 257

Website

Tamworth Telephone

Standard Search LLC1 and Con29R Fee NB: Fee includes VAT on the Con29 element of the search only

The following services are also provided by Authorities. For more detail, view websites or give them a ring

Residential Properties

Commercial Properties

Post

Email

Online form

NLIS

DX

Method of Payments

£114.84

£114.84

√

√

√

√

x

Monthly Accounting

£83.80

£134

√

√

√

√

x

BACS Payments

£101.30

£190.40

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√

x

√

x

Electronic Payments/ BACS

£125.80

£125.80

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x

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Card Payment/ BACS

£110.10

£315.20

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x

Monthly Accounts/ Electronic Payment/ BACS/Expedited (subject to confirmation)

highway bundle £30.80

highway bundle £30.80

√

√

√

x

x

Online Payments/ Card Payments/ Cheque

£125.80

£125.80

√

√

√

√

x

Electronic Payments/ BACS

£85.00

£157

√

√

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√

x

Monthly Accounting/BACS/ Card Payment/ Cheque

£98.20

£153.20

√

√

x

√

x

Cheque/ Card Payment

£112.80

£233

√

√

√

√

x

Monthly Accounting/ Electronic Payments/ BACS

£124.20

£325.40

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√

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Monthly Accounting/ Electronic Payment/ BACS

£91

£184

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√

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Monthly Accounting/ Card Payments/ BACS

£133

£133

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x

√

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BACS/Card Payment/Cheque

£114.75

£207.90

√

√

x

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√

Monthly Accounting/ BACS

highway bundle £45.90

highway bundle £45.90

√

√

√

√

x

Monthly Accounting/ Card Payment/BACS

£98.20

£153.20

√

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√

x

Monthly Accounting/ Card Payment/BACS

£95.32

£106.50

√

√

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Monthly Accounting/ Card Payment/BACS

£138.20

£182.60

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x

BACS/Card Payment

www.tamworth.gov.uk

www.derbylaw.net

15

Training Commentary: Is there life beyond the LPC and the Training Contract?

On 18 January 2017, Derby Law School hosted a visit from Julie Brannan, Director of Education and Training of the Solicitors Regulation Authority to discuss the proposed changes to the route to qualification for solicitors.

Members of the local profession, academics, students and representatives of Derby Junior Lawyers and DDLS contributed to a lively and enlightening debate on the proposals.

The SRA has since announced that the Legal Practice Course and the Graduate Diploma in Law are to be replaced by two centrally-set super-assessments run by an independent organisation on behalf of the SRA. They will be a combination of practical tests and multiple choice questions. By stealth the traditional training contract has already gone and is to be replaced by “qualifying work experience” which can be done before the completion of much of the second of the exams, even during degree studies. At the same time the Solicitor Apprentice route has already been introduced with the first end-point examinations due to be rolled out in 2019.

So what does this mean for Derby law firms?

Philosophical considerations aside, the “deregulation” of the education and training routes are designed to benefit law firms and law students alike. Derby law firms have some options in the coming years which could herald a unique opportunity for the profession to change the way business is resourced, improving retention and widening access to talent and diversity.

Law graduates are largely voting with their feet and there has been a rush by paralegals and law graduates to enrol on the LPC which had seen diminishing numbers. The reason is simple. Most LPCs are designed to teach to their own assessments and the people delivering them will be marking them and so there is a higher chance of passing. With the advent of PG funding, law graduates can get a deferred payment student loan for most if not all of their LPC fees.

Because of the fee regime, they sign up to an LPC incorporated into an LLM, so they get that qualification for free (in most cases) as well.

The new rules on qualifying work experience, effectively mean that an LPC student, starting in September, who studies 2 years parttime and has a paralegal job should be able to qualify as a solicitor within 6 months of passing their LPC. At present it would be two years of training contract post LPC. An alternative is the Solicitors Apprenticeship route. Level 7 apprenticeships are more like day release programmes, lasting 5 to 6 years and are funded by levies on larger employers.

A Solicitor Apprentice signs up with an

Apprenticeship provider (like Derby Law School) and is an employee on minimum wage or above on an apprenticeship contract. They study with their apprenticeship provider who may be wholly or partly funded by government grant and they are paid the minimum wage for their work and study time.

A graduate can start a Level 7 apprenticeship and have the three years of degree study knocked off the time frame. They would probably study an LPC-like course, but it could be more closely tailored to the needs of the employer and they would have to pass the final SRA Apprenticeship exam 6 months before the end of their apprenticeship to become solicitors.

Of course, it is going to be feasible for a graduate paralegal to attend a crammer course or do something online and brave the SRA#’s super-exams themselves, US Barstyle. It seems unlikely that this is going to be a popular option.

The Costs So what are the economics of it? The burning question is whether it is going to provide a more economical, more stable and bettertrained workforce.

In Derby, the majority of new solicitors either move into the areas as NQs (or are poached) or have been paralegals for some time, take the LPC and then are offered training contracts. Luring talent from elsewhere has its advantages and certainly Derby is not a bad place for schools, lifestyle etc. However, it comes at a price and solicitors who have been trained in larger firms, particularly cities have commensurate salary expectations. It’s interesting to observe the career mobility within firms of NQs new to the area.

same way, so that experience in up to four organisations which are SRA approved or under the supervision of a solicitor will count towards the required experiential learning.

This can be prior to or at the same time as the LPC or after. This means that employers will not need to commit to a training contract per se, but merely ensure that there is meaningful work experience in relevant areas of legal practice.

An alternative route is the Apprenticeship, which allows the employer to customise training with the training provider. For over 21s, the employer would also pay for half of the cost of training and for the end assessment.

They would also enter into a contract with the apprentice. While this sounds less appealing, the economics are more attractive. The pay on the apprenticeship is post-21 minimum wage and the cost of training may vary, but bench-marked to LPC-study, the employer contribution would be a tax-deductible £2,500.

Together, this is likely to be less than the pay for many paralegals. However, because the cost of training is not being carried by the employee, then the wage pressure is likely to be somewhat lessened.

When the super-exam comes in, it is likely that graduates will either be completing a degree which includes qualifying work experience, as well as the technical training now included in the LPC (as Derby aims to provide), or an academic degree which would be followed by a crammer course aimed at getting law graduates through exams. For non-law graduates, the likely route will be accelerated degrees/extended Masters, combining legal concepts with legal practice training. The cost of the assessment and of crammer courses is, as yet unknown.

What is Derby Law School Doing?

Paralegals often have a strong sense of loyalty, but also may have a lurking sense of frustration about their opportunities for progression. The charge-out rates for paralegals do not increase with experience and there is an economic catch-22 about income and salary that firms often start encountering. Luring away a good and experienced paralegal with the offer of a training contract is not unknown.

Derby Law School currently offer a fullyfunded LPC (wrapped into the LLM Legal Practice). The fees are designed to fall within the PG funding cap and for Derby graduates, there is even a little spare in loan allocation.

We are also keen to work with firms to develop apprenticeships to take graduate paralegals to solicitor’s qualification with a custom version of a legal practice course.

For students, until last year, the biggest barriers to progression were the funding of the LPC and the lack of firms who could provide training contracts. The changes to PG funding mean that studying on an LLM Legal Practice will now have no immediate cost to the individual and repayment of their overall student loan will only kick in when they start earning over £21,000, which is probably postqualification for all but the brightest and best in Derby. So for the next two years at least, this will be an attractive and economic route.

In the coming year, we will be coming out with proposals for a substantially altered law degree, which takes advantage of the deregulation of degree context and which focuses on real intellectual development and on practical skills training and the provision of structure qualifying work experience. We will be looking to collaborate with you and for your help, advice and counsel, since many of our graduates will be your future employees.

The relaxation of the “qualifying work experience” rules mean that the Training Contract regulations will not apply in the

Please don’t hesitate to contact me to discuss this k.bampton@derby.ac.uk.

Professor Kevin Bampton Head of Derby Law School

www.derbylaw.net

17

Training Legal Skills Triathlon 2017 The Triathlon is now a firm favourite in the Derby & District Law Society calendar.

The Triathlon took place on 8th March at Derby Law School where University of Derby law students were paired with 8 trainee/newly qualified solicitors to take part in a challenging day testing their negotiating, advocacy and interviewing skills before panels of judges drawn from the University and the local profession.

This year’s judges included our President, Andy Cash of Cartwright King, our Vice President, Simon Stevens of Eddowes Waldron,

Fiona Apthorpe and Stephen Woolley of Geldards, Diana Copestake of Freeths and Martin Salt, of Maclaren Warner, our Treasurer.

Thanks are extended to all for giving up their valuable time to judge and give guidance to the competitors.

The winning team, Nicola Vernon of Bradley & Jefferies and Tanya Kirman, a law student at the University of Derby impressed the judges with their high level of skill and consistency across all disciplines. Nicola studied both her law degree and Legal Practice Course at Derby Law School and qualifies as a solicitor at the end of this year.

Best Overall Team (1st place) Nicola Vernon (Bradley and Jefferies) and Tanya Kirman (2nd year LL.B student at Derby Law School)

Triathlon Advocate: Best Advocate Kim Wintle (Cartwright King) Best Negotiator - Katie Duggins (Astle Paterson) Best Interviewer - Alex Lloyd (Geldards) Best Advocate - Kim Wintle (Cartwright King)

Best Overall Team (2nd place) Alex Lloyd (Geldards) and Eliza Patrascu (3rd year LL.B student at Derby Law School)

Best Overall Team (3rd place) Kelly Savage (Flint Bishop) and Becky O’Kane (3rd year LL.B student at Derby Law School)

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The event was hosted by Sue Jennings, Secretary of the Education & Training SubCommittee and Senior Lecturer together with Scott Atkins and Kevin Bampton of Derby Law School in their striking new home, One Friar Gate Square. The presentation ceremony was followed by a Judges’ Q & A session at which members of the local judiciary took questions from the floor ranging from issues concerning litigants in person, domestic abuse and advocacy tips.

Triathlon Winners: Overall winners Nicola Vernon (Bradley & Jefferies) and law student Tanya Kirman (2nd year LL.B)

Triathlon Second: Second-placed pair Alex Lloyd (Geldards) and Eliza Patrascu (3rd year LL.B)

Triathlon Third Team: Third place went to Kelly Savage (Flints) and Becky O’Kane (3rd year LL.B)

Triathlon Interview: Best Interviewer Alex Lloyd (Geldards)

Triathlon Negotiator: Katie Duggins (Astle Paterson)

DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2017 Course Title

Area 2017

CPD Hours

Date

2017

Level*

Venue

2017

Book Via** 2017

Civil Litigation

Litigation Drafting - a Comprehensive Guide

6

14/06/2017

Foundation

Derby

CLT

Family

Family Law Update 2017

6

21/09/2017

Update

Chesterfield

CLT

Commercial Property

Commercial Property Update 2017

5

28/09/2017

Update

Derby

CLT

Residential Property

Conveyancing Update 2017

5

19/10/2017

Update

Derby

CLT

Family

Business Assets in Divorce Masterclass

6

tbc

Intermediate

tbc

CLT

Details of dates and venues where not shown, and of further courses, will be added in due course KEY * Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update ** For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR

on 0121 355 0900 ** For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL

on 01283 815030. ** FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE

Blue indicates new/amended information, or an addition to the programme D&DLS Members qualify for significant discounts on the above & other CPD courses & will receive details of CLT courses personally 4-6 weeks beforehand. FOR D&DLS Direct EVENTS SEE D&DLS Bulletin FOR DETAILS AND BOOKING FORM.

20

www.derbylaw.net

Top tips on combatting fraud

By Julian Bryan, Managing Director, Quill Pinpoint The well-publicised Mishcon de Reya £1 million fraud case, when its client was duped into buying a London property from a seller dishonestly posing as the owner, has sent ripples of alarm throughout the legal community.

Although conveyancers are an obvious target for the increasing threat of rogue house owners and buyer deposit redirection fraud, it’s not just conveyancing practices that need to be on their guard. As a legal practice, you’re tempting prey for cyber criminals, not only because you hold large sums of money, but also vast volumes of valuable client information.

The number, variety and sophistication of cybercrime grows daily, ranging from distributed denial of service attacks and phishing scams to hacking and ransomware. To qualify my argument, here are some recently quoted cybercrime statistics:• National Fraud Intelligence Bureau’s 2016 figures show 159 recorded losses of buyer deposits which is an 85% year-onyear increase • Office of National Statistics quotes 5.8 million cybercrime incidents which equated to 40% of all recorded criminal activity in 2016 • Action Fraud estimates the cost of cybercrime is currently £193 billion per year • BIS Information Security Breaches Survey revealed that 81% of large organisations have experienced a security breach with the cost per company being, on average, between £600,000 and £1.5 million And this is only the tip of the iceberg.

Under-reporting is a big issue. Many cybercrimes go unreported for fear of criticism and disciplinary action. You have a professional responsibility, enforceable by industry regulators, to identify, contain and remediate breaches, cyberattacks included.

Aside from your regulatory obligations under the SRA Code of Conduct, you face new pressures from indemnity insurers who’ll want to see plans in place to thwart criminals when renewing policies and

22

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setting premium rates including run-off cover. There’s a plausible case for the need for a separate cyber insurance policy, over and above PII, to address the risks posed by cyber criminals and assist the recovery of potential losses incurred.

Not forgetting your other compliance responsibilities. The Data Protection Act 1998, Money Laundering Regulations 2007, Proceeds of Crime Act 2002, Terrorism Act 2000 and new EU General Data Protection Regulation applicable from May 2018 to name a few.

The stakes are high but there’s much you can do to mitigate risk by creating a robust, reliable and secure cyber environment.

Access our previously published ‘Desktop security: 10 top tips’ article for more indepth advice on how best to manage risks within your IT infrastructure. We cover topics such as operating systems, email attachments, file transfers, data backups, passwords and more. Visit www.quill. co.uk/desktop-security.

Because cyber security is such a serious business risk, we’re extending our earlier guidance here with some top tips on combatting fraud so that you can take proactive steps to tighten your defences:Beware of outside-of-the-norm behaviour and requests for monies According to the Solicitors Regulation Authority (SRA), 75% of cybercrime reports are so called ‘Friday afternoon frauds’.

These cases involve criminals intercepting and altering emails being sent between two parties (solicitor and client), mostly bank details in order to redirect funds.

If you’re suspicious, raise queries, several times if needs be, and ideally via a known telephone number. As part of this, you could set up a dummy run with a £1 transfer.

Once receipt’s been confirmed, you’re ready for the real McCoy. If it turns out to be completely legitimate, those concerned will appreciate your stringent questioning and testing.

Review your new client intake procedures When new clients instruct your firm for their legal matters, what checks do you carry out on them? A cursory glance at someone’s passport, driving licence or utility bills is no longer sufficient for purpose. Seek out as much detail as possible on both identity and credit history so that you’re confident your clients are who they say they are, have the means to pay for your services and that your hard-earned profits aren’t ending up in the greedy hands of racketeers.

Also, tell clients upfront – both face-to-face and within your client care documentation – that you’ll never ask them to send money to a different account than that already provided. That way, they can be on the lookout too and immediately contact you should they receive any communications of this nature.

Define your client money handling processes Following on from #2 above, money is of course the biggest incentive and the SRA’s referred to £7 million of client money being lost to cybercrime in the last year. With the SRA Accounts Rules at the forefront of your mind, make a clear distinction between client and office monies, assign duties to your cashiering team members, designate reporting lines and outline timescales throughout.

For example, you may specify only appointed staff should transfer money and make it a habit to take deposits as late as practicable so there’s less money on account at any given time. As well as giving your clients a higher level of service, you’ll lessen the risk of financial theft.

Create disaster recovery and business continuity plans To form an adequate series of responses to unexpected emergencies, attempted crime amongst them, produce carefully written disaster recovery and business continuity plans. These will contain information on the types of crises which could befall you, how you should act if they do, roles of primary staff members, phases of recovery, emergency contact numbers, anticipated outcomes and records of test or genuine disaster situations. The ultimate objective is to put your firm in the strongest position to deal with critical incidents with minimum disruption to the running of your business.

This is yet another area we’ve written about extensively before. Read our ‘Top ten disaster recovery and business continuity planning tips’ for further details. Visit www. quill.co.uk/disaster-recovery-planning.

Develop a risk management policy and monitor activity Prevention is always better than cure so set out your preventative and detective measures within a risk management policy. These may comprise IT-based solutions such as SSL encryption and antivirus software to physical security devices such as CCTV surveillance and burglar alarms. Your policy will address how to classify, deal with and communicate risks.

Analyse your business closely for signs of unusual activity that could indicate the beginnings of an attack. The sooner you’re able to counteract possible violations, the better, to effectively stop criminals in their tracks.

Report every failed and successful attack There’s an onus on you to do so, and the legal profession can only clamp down on cybercrime if we truly know the extent of unlawful activity and methodologies employed.

With more two-way conversations, trends can be recognised, scams identified at an earlier stage, alarms raised to others and appropriate responses carried out.

Notify the SRA, Action Fraud, Information Commissioner’s Office and / or your insurers.

Consider your employees’ role in your business and engage your workforce in best-practice risk management Restrict certain tasks in your business, for example software installation, to assigned

personnel. Small steps such as these can go a long way to minimising exposure to risk. One weak link is all it takes to open your business to intrusion.

Similarly, if you employ home and remote workers, you’ll want to restrain use of unapproved devices and removable media, both of which carry their own security risks and can uncover your entire network to vulnerabilities. Set up some safe parameters for your staff to adhere to then educate your personnel in IT best practice.

Evaluate your IT systems and suppliers We’ve already briefly mentioned the importance of running the latest operating systems, performing automated back-ups, installing firewalls, and using dedicated anti-virus and anti-spyware software for protection against hackers.

There’s readily available software to reduce risk even more. Anti-money laundering checks, credit screens, conflict of interest searches, proof of identity document capture and breach warnings will preserve your matters and their associated finances.

Or, you can go a step further and enlist extra back office services such as fully outsourced cashiering and payroll. Your outsourcing provider’s keen attention to detail will immediately highlight anomalies and alert you to dubious goings-on.

Remember the SRA Code of Conduct here. Ensure outsourcing agreements – be it for cloud software or outsourced services – allow you to comply with your client protection duties. And ask about ISO certifications for reassurance that your supplier conforms to international security standards.

Julian Bryan joined Quill Pinpoint as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 40 years’ experience supplying outsourced services, legal accounts and practice management software to the legal profession. To contact the Quill team, call 0161 236 2910 or email info@quill.co.uk.

www.derbylaw.net

23

Paternity Fraud, a blow to the stomach… right but are not applicable to paternity fraud. The emotive headlines we often see in the popular press, which potentiate the urban myth of increasing paternity fraud in UK society, does us all little service and there is no verifiable evidence that paternity fraud is on the increase. However, it does occur.

Increasingly entering common parlance is the term “paternity fraud” which is the naming of a man as being the biological father of a child by that child’s mother, when in fact, she knows he is not the father.

Paternity fraud is a subset of “misattributed paternity”, where a child has been fathered by one man, but is actually the child of another and that mis-attribution is deliberate rather than accidental. In other cases the male may have agreed to bring up the child of another (e.g. from a previous relationship or adoption), but in others, the male mating tactic of cuckoldry has occurred and the male is unaware that the child he is bringing up is not his. While this metaphor can be taken a little too far (since the child is genetically linked to the mother and does not generally expunge the half siblings from the house), it is a common term in evolutionary biology, where it is applied to unwitting males who make a significant parental investment in offspring which are not genetically related to them.

The motivation for paternity fraud includes; a) false claims from either parent with the objective or avoiding or receiving child maintenance payments, b) mothers who wish to hold their family together rather than discourage parental investment from the incumbent male or expose her infidelities or c) males who wish to avoid responsibilities, whether these be financial or familial or indeed, cover up their own indiscretions from their spouse or partner.

As to the frequency of paternity fraud, then there are no clear figures and one should be aware of often mis-quoted data from mis-paternity studies where subjects had a reason to take the DNA test. These data are valid in their own

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DNA profiling provides evidence of biological relationships and as responsible test providers, we are acutely aware that with the prospect of incontrovertible evidence, people who are contemplating or indeed, driven to, paternity fraud may attempt to obfuscate the procedure. Accordingly, procedures are in place to minimise this possibility.

pursued using the tort of deceit (on the balance of probabilities that the intention was fraudulent) and is not a criminal matter unless a false statement is knowingly made on a public document, such as on a birth certificate or perhaps in information provided to the CMA. There have been a handful of cases which have reached the courts and where damages have been awarded to the male for “indignity, mental suffering/distress, humiliation” or “emotional hurt”, though there are also cases where this approach has been unsuccessful 2. It has not yet been possible however, for the male to retrieve maintenance payments, as the court takes the view that bringing up a child confers benefits as well as costs.

In fact, paternity fraud is not a new concept, it has been with us for generations and our literature and law is littered with reference to it. It is also mentioned several times by Shakespeare in his various works, where the husband of an adulterous wife, the “cuckold”, is often seething with underlying suspicion. For example, when Iago addresses Othello (III.iii.165) ; “That cuckold lives in bliss, who certain of his fate loves not his wronger, but O, what damned minutes he tells o’er, who dotes yet doubts, suspects yet fondly loves” . 1 To which Othello replies.. ”Oh, misery!” . It is the “Oh misery” that is instructive, the discovery of a paternity fraud has been described as “a blow to the stomach”.

Paternity fraud has thus been with us for generations and is of course hard to completely eliminate, but the use of an accredited DNA testing procedure makes it difficult for this to remain undetected and also provides unequivocal evidence to support cases involving the tort of deceit. In the UK the use of the rather explosive paternity fraud accusation is relatively modest; this is largely due to the judicious use of accredited paternity testing.

The origin of paternity fraud dates from the 1576 Poor Act, when the law required mothers with illegitimate children to name the father in order to ensure that he supported her financially, thus placing a lesser burden on the Parish Poor Law Overseers. They ensured weekly payments from the named “father” by issuance of “bastardy bonds” and which thus created the first opportunity for paternity fraud, as blackmail and perjury then became rife.

The law was repealed in the “New Poor Law” of 1834 in order to save poor men from unsuitable marriages and then, a woman with an illegitimate child was sent to the workhouse without financial compensation.

sales@dadcheckgold.com

These days paternity fraud may be

Dr Neil Sullivan Complement Genomics Ltd, trading as dadcheck®.

www.dadcheckgold.com

0191 543 6334

The modern text… The man who knows his wife is cheating on him is happy, because at least he isn’t friends with the man she’s sleeping with. But think of the unhappiness of a man who worships his wife, yet doubts her faithfulness. He suspects her, but still loves her. http:// nfs.sparknotes.com/othello/page_142. html, accessed 10th May 2017.

1

2 P v B (Paternity: Damages for Deceit) [2001] 1 FLR 1041; A v B (Damages: Paternity) [2007] 2 FLR 1051; Webb v Chapman [2009] EWCA Civ 55.

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But for the Accident…

Liability and causation are matters for lawyers, but there is then the problem of what a claimant could be expected to have earned but for the RTA, the clinical negligence, or the criminally inflicted injury. Early editions of Kemp & Kemp had a chapter on how to calculate the employed person’s earnings for special damages to trial date and to provide a multiplicand for Ogden, but it concluded with this:

“There may, however, be many imponderables in the case of the selfemployed.”

How true! But practitioners need more guidance than this.

This was brought home to me quite forcibly when, some years ago, I gave expert evidence for the claimant, who had been injured in an RTA. This man was a severe workaholic. He ran a 180-acre farm, with no help. He dug ditches, laid hedges, harvested his own crops. He had a plant hire business, being the main JCB operator. He dealt in plant, anything from lawn-mowers to roadsweepers and mobile cranes. He was renovating his Grade II listed mansion.

He converted his disused farm cottages into homes for rent, and disused farm buildings into science parks.

The difficulty was that his annual accounts showed low earnings, because he had taken so much time away from his core business to renovate his mansion and convert buildings for future rental income.

Bradburn -v- Great Western Railway Co [1874] LR 10 Ex 1 tells us that the Court must restore the status quo ante so far as money may allow, but in this situation, how could that be done? The claimant still had his business acumen, his contacts, his farm; but he was no longer able to dig ditches, drive a JCB, replace floors and roof tiles.

The expert for the defence looked at past accounts, saw that earnings were low, and based loss of earnings on those low annual amounts. I disagreed, since this approach had no regard for the value of house renovation, the labour now required

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on the farm, or the benefit of building up future rental income. My approach was to quantify the loss on the amount it would take to employ a labourer to perform the physical tasks which the claimant could no longer do. Buy him a man, and the status quo would be restored.

At the end of a three-day hearing, the judge asked both counsel to provide closing submissions in writing overnight. The claimant’s counsel came to me, and asked for the precedents for the quantification method I had used. Panic! I hadn’t seen any precedents; I had just used common sense to understand the business.

That night I rang David Kemp QC at home (I knew him, having looked after the tax chapter in Kemp for some years) and another QC, and both said that there was no precedent, but that my methodology was sound. And the judge agreed, to the penny.

From this came the suggestion, with which David Kemp readily agreed, that I should write a new chapter for Kemp & Kemp on how to quantify loss of earnings for the selfemployed and family company director. It appeared in Kemp for some years, but has now been subsumed in the re-write which took place after David Kemp’s death. It ran to only 9 pages, but gave a simple explanation of the factors one should consider, such as: • Gain a thorough understanding of the business; this business in its unique setting.

• What are the fixed and variable expenses?

How would they vary with revenue?

• Do the past accounts show a reliable pattern of gross profit margins?

• What are the internal limiting factors?

Capacity of machinery, of premises; ability of the owner to manage all the staff?

• What are the external limiting factors?

What is the size of the market, and the share which this business could hope to win? What is the catchment area?

Delivery distance?

Could trade be increased by internet sales?

• What competition is faced, bearing in mind that competitors will try to increase their market share in similar ways?

• Technological change: are the products facing obsolescence? Or are manufacturing costs being undercut by Chinese imports?

• Hours in the day: just how much time could the claimant have spent in the

business, allowing for sleeping, eating, travel to work, leisure time, DIY, holidays?

Is there a DIY claim which could not be supported after the hours the claimant says he would have spent in the business?

• Seasonal variations: an ice cream vendor at the seaside may have lost most of a year’s profit if injured at Whitsuntide, but nothing if injured in November.

• Regression of trade: if a claimant is away from business for several months, the loss of earnings would continue until he had re-won or replaced his lost customers, which could take several months after physical ability is restored.

• Financial strain: it is surprising how many owners of small businesses introduce their own money into a business to keep it going. Look out for overdrafts, increasing creditors, proprietor’s capital reducing, and consider whether an Ogden multiplier should recognise that the “life expectancy” of the business may be much shorter than the working lifetime of the owner.

• Do not confuse profit with drawings: it is also surprising how many lawyers think that the amount drawn out of a business is the measure of earnings. The profit of a business may be £50,000 and drawings £30,000; or profit £50,000 and drawings £80,000. In both cases the claim must be based on post-Gourley earnings of £50,000; though with the second example, one should worry about the life expectancy of the business.

There is more, but this gives an indication of the matters which an experienced forensic accountant must consider when quantifying loss of past earnings and a multiplicand for future lost earnings, in personal injury, clinical negligence and fatal accident cases.

If you want a copy, please ask.

It is not the case that a forensic accountant is needed in every PI case, but where the claimant was self-employed or a key director in a family business, the “many imponderables” need to be considered by an expert who really understands business.

Biog: Chris Makin is one of only 100 or so chartered accountants to become an Accredited Forensic Accountant and Accredited Expert Witness. He is also an Accredited Mediator and Accredited Expert Determiner. See his website at www. chrismakin.co.uk, which is about to be relaunched – with moving pictures!!

NEW OFFICES OPENING IN SHREWSBURY

Bidwell Henderson An interview with award winning firm of Law Costs Draftsmen, Bidwell Henderson Costs Consultants.

What is your ambition for the next five years?

MB: We intend to continue to grow and eventually become one of the largest firms of Costs Draftsmen in the country.

Photo: left to right; Rebecca Bidwell, Ann Henderson and Mark Bidwell, Directors of Bidwell Henderson Costs Consultants Ltd

Bidwell Henderson Costs Consultants Ltd are Costs Lawyers and Law Costs Draftsmen based in Alfreton, Derbyshire.

What makes you different?

RB: We care. We genuinely care about our team, our clients and the quality of the work we produce. We have had 100% client retention in the last three years and most of our work has come from client recommendations. Having expanded to a team of 28 we are now looking to make new relationships with Solicitors firms.

AH: We are so proud of Rebecca, who has been selected as a finalist in the ‘Entrepreneur of the Year’ award for Derbyshire. We are also sponsoring the Legal Aid Lawyer of the Year awards for the second time in July 2017, so looking forward to attending the awards ceremony.

What are your plans for the General Data Protection Regulation (GDPR)?

AH: Whilst we already have secure and protected UK based systems in place we have engaged IT experts to upgrade our systems ahead of the changes.

AH: We have met with the Legal Aid Agency and Senior Courts Costs Office to establish what we can carry on doing or maybe need to do differently to ensure bills are processes quicker. We want our services to assist our clients with their cashflow and reduce any LAA rejection rates they may be experiencing.

RB: We are now offering additional services to existing clients. We offer fixed fees for fixed fees, High Costs Case management and post assessment processing. We can provide a fully managed costs service or slot in alongside any existing in-house team. We intend to roll this out to new clients.

Why three Directors?

AH: We don’t set targets for our Consultants, instead we provide flexible working and incentivise them to produce high quality work.

MB: We have found our niche. We specialise in legal aid work and complex inter partes cases. We have regulated, senior and experienced Costs Lawyers, former Solicitors and Legal Executives in our team.

What changes are on the horizon for Bidwell Henderson?

MB: We have just moved to larger offices at 1-3 High Street, Alfreton, Derbyshire.

RB: We have linked with Derby University and Nottingham Law School to provide talks on the alternative professional career path of becoming a Law Costs Draftsman.

We all fell in to this job by chance and would like to raise awareness of the profession for graduates looking for an alternative to the solicitor route.

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You have expanded rapidly in four years. What are the main reasons for Bidwell Henderson’s success?

RB: We have expanded from a team of 3 to 28 in just over three years. We have a reputation for excellence within London and we have been involved in several highprofile cases. Fortunately, we haven’t had to do much marketing as the business has grown organically as a result of our existing clients recommending us to other London based firms.

AH: We have excellent team members, many who have been with us since the early days. We regularly receive praise from existing clients that we go over and above what has been expected and we ensure this is feed back to our team.

MB: Ann has a talent for implementing processes and has written numerous guides and procedures. Rebecca has focussed her time building the business and I keep a tight rein on the finances.

RB: We are extremely lucky that each of us have very different skills that complement each other. Ann deals with systems, processing and manuals. I deal with recruitment and marketing, and Mark covers the financial side.

AH: Mark heads up the Inter Partes subteam, Rebecca and I deal with Legal Aid and we both specialise in High Costs cases.

MB: Rebecca and Ann are fantastic meeting new clients. Their passion and commitment for the business, team and the work shines through. It’s rare for solicitors not to instruct us after they meet them.

If you would like to become a new client of Bidwell Henderson, call Rebecca or Ann on: 03333 441 654 anytime. www.bidwellhenderson.co.uk

Meet it Many other companies have already seen these benefits and decided to take the p

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