D&DLS Bulletin 58

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

October 2015

DERBY & DISTRICT LAW SOCIETY invite you to enter the

2015 INTER-FIRM QUIZ CHALLENGE Kindly sponsored by

When? TUESDAY NOVEMBER 24th, 2015 Where? Top Floor, Gateway Centre, Derbyshire Cricket Club What time? 6.30 for 7.00 pm  Teams of FOUR (maximum)  Pub Quiz format  ALL employees are invited to participate – Solicitors, Legal Execs, Trainees, support staff – everyone!!  Entry fee £12 incl VAT per team, to include light refreshments  Quiz Challenge Trophy for the winning team, plus framed Winner’s Certificate

Also in this issue: Court Closures • Motoring Law • Sub-Committee News

Gold Patrons of the Society: Severn Trent Searches

D&DLS Bulletin Derby & District Law Society

October 2015

Contents 3 - Contents

7 - Court Closures

13 - Booking Form

3 - Editorial

8 - Social - Annual Quiz

14 - Recruitment

4 - List of Officers

8 - Wills, Trust & Probate

16 - Land Registry - Local Land Charges

5 - President’s Page

10 - Sub-Committee News - Family

26 - Mediation

6 - Membership News

12 - CPD Programme

30 - Case Study - Cloud Computing

7 - Motoring Law

12 - Training News

Editorial Now that the holidays and what passed for a ‘summer’ are over, activity levels are starting to pick up, both inside and outside the Society.

The Annual Dinner season has resumed, and President Di is starting to represent the Society at these and other events, such as the High Sheriff’s Legal Service, which took place on October 11th at Derby cathedral – I also attended, and I have to say that the refurbished interior looked stunning (as did Their Honours Judges Burgess and Orrell and judicial colleagues in their fetching purple-lined robes and horsehair wigs).

Di’s regular column, covering this and other matters, in on p5.

The campaign against the MoJ’s proposed programme of court closures continues, and on September 29th Astle Paterson hosted a meeting with Burton MP Andrew Griffiths to brief him on the particular issues concerning the Burton court – the report is on p7 – whether this will have any positive effect on the eventual outcome remains to be seen. This is clearly - and exclusively - a cost-driven exercise, with little or no account being taken of the inconvenience caused to those needing to appear at court to achieve justice, and begs the question of whether those in power actually understand the concept of access to justice, let alone believe in it as the cornerstone of a free and democratic society. As someone with a degree in economics I am well-used

to the harnessing of statistics to support or refute arguments, but I have to say that the ‘use and abuse of statistics’ evident in the quoted case for closure of the Burton court is almost so brazen as to beggar belief; a clear case of ‘here’s the conclusion we want, now go and justify it’.

Unfortunately there was insufficient demand for the course on Motoring Law planned for October 8th, but in its place we are grateful to Vice-President Andy Cash for agreeing to provide a series of articles summarising various of the issues which he planned to cover, and the first of these can be found on p7. These should hopefully prove useful to members at firms with no crime department to which to refer queries from clients who may bring them up.

On the training front we are rapidly approaching the end of the CPD year on Oct 31st, and the training programme tends to go quiet in the last quarter of the year as both practitioners and their training budgets tend to be ‘CPD’d out’. However, the CPD regulations still apply until October 2016, so we have agreed a programme of further courses for next year, which are listed on p14 – dates and venue are still to be confirmed, but please make a note of those which are of interest to avoid booking yourself on more expensive or less conveniently–located courses elsewhere.

Elsewhere, planning is under way for the

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Society’s Annual Dinner, which will be held on Friday April 29th 2016, again at the iPro Stadium; I believe that Madam President has sorted out the main speaker, but more of that in due course – in the meantime, make a note of the date in your diaries.

Another earlier date for your 2016 diary is March 2nd, which is when the 2016 Legal Skills Triathlon will take place at Derby University. It offers valuable, challenging but enjoyable and worthwhile experience of the key skills of interviewing, negotiation and advocacy, (and cash prizes!) and is highly-rated by those who take part, so if you are a trainee or recently-admitted with up to 12 months’ PQE on March 2nd please consider entering and if you have non-member colleagues who meet these criteria please encourage them to do likewise. More details will follow in the next Bulletin.

Congratulations to Flints for their nominations for a variety of business awards (see p6) – if you or your firm has any news which you wish to share with the local profession, be it promotions, new hires, awards, new premises, etc, please let me know so that I can include it in future issues.

Peter Ball Administrator

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Officers and Committee Members for 2015 Officers

Other Committee Members

President* Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freethcartwright. co.uk Vice President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking.co.uk Deputy Vice-President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Susan Woodall Astle Paterson, Burton Tel: 01283 531366 suewoodall@astlepaterson.co.uk Immediate Past President* Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk

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

Vacant Constituency Council Representative, Derbyshire (+) Michael Williams Tel: 01298 24185 michaelbemerton@gmail.com

(+) attend Committee by invitation

Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk Janie Berry Derby City Council 01332 643616 janie.berry@derby.gov.uk Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 Via nikki.rennie@flintbishop.co.uk Lionel Conner Samble Burton & Worth, Burton Tel: 01283 565731 lionelc@sbw.cc 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 Mary Honeyben Elliot Mather, Chesterfield Tel: 01246 231288 mary.honeyben@ elliotmather.co.uk Ben Lawson Flint Bishop, Derby Tel: 01332 340211 email: ben.lawson@flintbishop.co.uk Karen Reynolds Freeth Cartwright LLP 01332 361000 karen.reynolds@freethcartwright.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Manesha Ruparel Bhatia best, Derby Tel: 01332 203000 manesha.ruparel@bhatiabest. co.uk Martin Salt Moody & Woolley, Derby Tel: 01332 344221 mis@moodyandwoolley.co.uk Mike Simpson Simpsons Solicitors, Derby 01332 424500 mike.simpson@ simpsonslawuk.com

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Stephen Woolley Geldards LLP, Derby Tel: 01332 378335 stephen.woolley@geldards.com

Manesha Ruparel e-mail: legal@ manesha.com Janine Hobday (01332 340221) Julie Skill (01332 372311)

Solicitors’ Benevolent Assoc. area representative Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753

Finance Sue Jennings, Andy Cash Diana Copestake, Stephen Woolley, Arthur Titterton, Sue Woodall

Administrator / Bulletin Editor Peter Ball, The Old Barn Hatton Fields, Sutton Lane Hilton, Derbys. DE65 5GQ Tel/Fax: 01283 815030 e-mail: admin@derbylaw.net

Private Client Martin Salt Claire Rudkin (01332) 340211 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

Sub-Committees (Secretary in italics)

Contentious Business Vacant 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 Tony Russell Family Law Fiona M K Apthorpe Diana Copestake Vince Beckworth (01332 372311) Melanie Brigden (01283 226444) Claire Dean (01335 345454) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293) Naomi Hickman (01332 364436) Ruth Jones (01332 346084) Fiona Lazenby (01332 346 111) Martina Longworth (01332 344221)

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 7 th October 2015)

Copestake’s Cogitations Since the date of the last hearing, I have attended the Northants Law Society Dinner which had a different format to that of the D&DLS, namely awards for various categories – Best Small Firm, Best Large Firm, Best Young Solicitor, Best Solicitor etc and there was also a Lifetime Achievement award. It was a very good evening and seemed to be enjoyed by all. It was also good for pulling all the firms together I felt. The event was held at the Marriott in Northampton which provided a really good venue although it was a considerably smaller gathering than our Dinner which I thought was interesting.

I know Andy Cash has been thinking about whether we, as a Society, should consider an awards ceremony and we have been discussing how this might be done. I think it might be a good idea to be honest – it certainly meant that the speeches were kept down! They also had a disco afterwards which I believe was well attended – I, unusually, went to bed so that I could go to work the next day – I also did not want a hangover and thought that retiring to bed was the best way of guaranteeing that this would not happen!! I am pleased to report that I was up and off relatively bright and early the next morning (not too early however!) and had a lovely drive back on a beautiful September morning.

On 29 September, about 15 or so members of the Society attended a meeting at Astle Paterson with Andrew Griffith MP for Burton on Trent regarding the proposed closure of the Burton on Trent Magistrates court and there is a report later in this bulletin in that respect so I will not repeat the same here. Suffice it to say that it appears that we, as lawyers, are being battered from any angles – court closures, legal aid etc – and I just wonder when and if it will end. It is obvious from attending court on family matters that the fact that legal aid has all but gone for family cases has meant a huge increase in litigants in person who cannot afford representation and this is putting a huge strain on the courts who see their lists getting longer and longer as there is no-one to give these people sensible advice as to how to resolve their matters.

Is this really cost efficient? I doubt it can be.

I have the honour of attending the Legal Service on 11 October and I understand from Andrew Cochrane that, tantalisingly, it is going to be an exciting occasion so goodness knows what he has in store!! I must say I am looking forward to seeing the interior of the newly renovated Derby Cathedral – I remember many school

services there from just a few years ago when I was in the school choir (surprisingly – the music teacher did have to weigh my “nuisance value” as she kindly referred to it against the fact that I could read music and sing a bit!!).

It is also the place where many of us said goodbye to our old friend John Taylor from Flints almost 12 months ago.

I have to say that the number of friends that I have had who have had life-threatening illnesses and some of whom have passed away makes me realise more and more that you do have to live for the day. Busy skiing now therefore – spending kids’ inheritance – not that there is much of that anyway!

Anyway, onwards and upwards towards Christmas – hate to say so but, as at writing this, it is only about 12 weeks away. Groan! Still, Spring follows soon thereafter so look on the bright side and if October continues as sunny as September, it won’t be all bad!

Di Copestake President, 2015-16

Professional Communications for Professionals www.epc.gb.com www.derbylaw.net

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Membership News Flint Bishop announce fifth major award nomination Flint Bishop Solicitors today announced another shortlist nomination for “Legal / Judicial Services Provider of the Year” this time at this year’s Collections & Customer Service Awards hosted by Credit Today on November 18th.

This news comes only weeks after two nominations for ‘Legal and Enforcement’ and ‘Collections’ categories’ organised

by Credit Collection and Risk magazine, a nomination for our Employment Law education team by Education Investor and’ Family Young Solicitor of the Year’ at the Family Law Awards.

Flint Bishop’s double nomination for debt recovery services Qamer Ghafoor, Managing Partner of Commercial Services at Flint Bishop

Flint Bishop’s debt recovery service has been shortlisted for two prestigious awards organised by the Credit and Risk Collections magazine, in association with Marston Holdings. The award ceremony takes place in London on 6th October 2015, and Flint Bishop’s nominations being in the ‘Legal and Enforcement’ and ‘Contribution to the Industry’ categories.

This is the second time in the last twelve months that the debt recovery team has been nominated for an award, having also secured a nomination earlier this year at the Credit Today awards for ‘Litigation Team of the Year’. The team are previous winners of ‘Legal Recovery firm of the Year’, and ‘Regional law firm of the year in insurance litigation’.

Wills and Probate Expert joins Derby Law Firm Nelsons expand Wills and Probate Team

The Derby office of Nelsons has appointed associate Helen Salisbury to its wills and probate team.

Helen (pictured) joins Nelsons with nine years’ experience and previously worked as a solicitor for Ashby law firm Fishers .

As an associate and solicitor in the wills and probate team, Helen will focus on Trust creation and advice, applying for statutory wills and inheritance tax planning, administration of estates, grant of probate, the preparation and registration powers of attorney, applications to the court of protection and protection of assets.

The Derby wills and probate team has expanded this year following the acquisition of Moody and Woolley. Six of the 14-strong team are based in Derby.

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Motoring Law Should I stay or should I go?

Following the cancellation of the planned Motoring Law Roadshow on October 8th due to lack of numbers, here is the first of a series of articles on the subject of motoring law from Cartwright King’s Andy Cash., which those who do not have access to an in-house defence team may find helpful if consulted by an existing client Some of the most common motoring offences that we deal with mean that I often find myself humming this great Clash song.

There is often real confusion about when a driver must stop after an accident and what information must be provided. However in general the law is clear: You must stop if some personal injury is caused to someone other than the yourself or damage to a vehicle other than your own, or to an animal, or any property attached to or adjacent to the road.

Having stopped you must give your name address and vehicle details to anyone who has grounds to request those details. This will usually be the other driver or the person who has suffered damage.

If for some reason you cannot pass on the details, you must report the matter to the Police as soon as reasonably practical and in any event within 24 hours.

In any case involving injury to another person as a result of an accident involving a motor vehicle the driver must produce his insurance certificate to the Police at the time or report to the Police as soon as practicable and in any event within 24 hours and in such case arrange for the certificate to be produced within 7 days.

These duties are on you, the driver, and only arise if you knew of the accident or ought reasonably to have known of it. This is one of those areas of English law where the burden is on the defence to bring evidence of the driver’s lack of awareness. This is a common situation in minor parking incidents where damage is very limited, so minor that you may say you were unaware of it.

The potential offences are serious and carry maximum sentences of 6 months imprisonment. It is therefore very important to take early advice, particularly as some areas of the legislation are less clear and arcane; for example an accident involving a dog must be reported, but not it seems, one involving a cat. Hmmm ……..

Court Closures Burton Magistrates’ Court closure – meeting with Andrew Griffiths MP. President Di Copestake reports on a recent meeting with Burton MP Andrew Griffiths, arranged at his request to discuss the issues arising from the proposed closure of Burton Magistrates’ Court: On Tuesday 29 September, approximately 15 or so members/ solicitors met with Andrew Griffiths MP at the offices of Astle Paterson to talk about the proposed closure of the Burton Magistrates Court. It was a very good meeting and people were vocal about their opposition to the proposed closure – a number of very good points were made: the fact that about £6m had only recently been spent on the Burton Police Station which is next to the court and which would then have nowhere local to send offenders; the cost of transporting them to Cannock or Newcastle under Lyme which are the proposed alternative courts; the cost of lawyers going to those courts; the fact that offenders are unlikely to spend their benefit on huge treks to those courts – and that this is a similar position for family clients, usually care clients, who have to appear before the magistrates.

It was also mentioned that, of course, Burton has support workers who are familiar with the area, familiar with how the Burton court operates, and familiar with the clients. This support would be undermined in areas where they are not familiar.

Andrew Griffiths noted a lot of these points down and he also made reference frequently to access to justice and to the fact that this would not be available if the court were to close. He mentioned also

that the statistics which had been produced to show which courts were efficient and which were not showed that Burton was, in fact, one of the most efficient and cost effective courts! This was even before the fact that the statistics had been calculated on the basis that it was a four-court court when, in actual fact, it was only a three-court court where a “broom cupboard” had been designated as court four because of the number of offenders who needed processing.

He did seem quite positive that there was a strong case for opposition but he did ask all firms to write opposing – Rav Hothi, who was present representing The Law Society, reminded us that the closing date was 8 October. Andrew’s main thrust was that he hoped of the 92 proposed court closures, the government was thinking that maybe if they got 80% of the 92 closed then maybe Burton would remain open – he is committed to putting the case forward for Burton. He would also try to highlight a court that might be better to be closed geographically and cost effective wise. As always, we will just have to wait and see what happens but we certainly put our case forward and he certainly took it all on board.

Editor’s note: This deadline may have passed by the time you read this, so it is hoped that members and firms with a specific interest in opposing the proposed Burton court closure have indeed formally registered their opposition as suggested.

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Social Annual Quiz It’s time for you to be sorting out your teams of 4 to take part in this year’s Annual Inter-Firm Quiz Challenge, which is again being generously sponsored by Severn Trent Searches.

It’s on Tuesday November 24th, on the top floor of the Gateway Centre at Derbyshire County Cricket Club, 6.30 for a prompt 7.00 pm start.

The entry fee is £12.00 per team of up to 4, there is plenty of parking and there will be savouries and cheese & biscuits for refreshments, which are included in the entry fee - unfortunately you will have to buy your own drinks at the bar!

The quiz is in standard pub quiz format, with rounds of 10 questions plus picture and music rounds, and offers a great opportunity to involve your junior and support staff in mixed teams - if you can enter more than one team you can always have your own intra-firm competition too.

Although it is competitive (last year’s winners, ‘Short Planks’ from Astle Paterson are pictured, along with President Sue Jennings plus sponsor’s representative Mike Dyche) it’s also light-hearted and great fun, so use the entry form on p 13 to enter your teams, and we look forward to seeing you on Nov. 24th.

Wills, Trusts & Probate Solicitors maintain their share of wills market Research carried out by Will Aid in July 2015 demonstrates that solicitors have little to fear from other providers of will- writing services despite widespread anxiety in law firms since deregulation in October 2011. Although the research year on year reveals slight fluctuations in the percentage of people using a solicitor to write their will, the average of the four years 2011- 2015 is almost 2 percentage points higher than in the four years up to 2011.

On the other hand, the percentage of people using a will-writer has declined from a high of 17.90% in 2008 to 10.50% today. Similarly, the percentage using a service from a bank or other organisation has declined markedly from 8.70% in 2009 to 5.9% in 2015.

Other research by the professional negligence team at Bolt Burdon Kemp has highlighted that the public are generally unaware of the rules and regulations governing will-writers and are shocked when they find out that will-writers, although often reputable and reliable, can practise without proper training, regulation or insurance.

Bolt Burdon Kemp’s research also shows that 19% of people have prepared their will themselves, without seeking professional advice.

Will Aid’s research also points to a shift towards DIY wills with online services doubling from 1.6% in 2009 to 3.4% in 2015, and homemade wills up from a low of 3.6% in 2010 to 7.7% in 2015.

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Homemade and DIY wills, whether completed online or in kit form or on the back of a cigarette packet, can be a minefield. And the problems are often not revealed until after the testator’s death, leaving bereaved loved ones with uncertainty and expense whilst the whole mess is sorted out. Such wills also tend be more easily contested than those drawn up by a professional solicitor.

Will Aid Campaign Director, Peter de Vena Franks commented:

“It is evident both from research and from the popularity of Will Aid that the public prefer to use a solicitor to write their will, wherever possible. They are aware that with a solicitor you can be assured of a valid will and if anything does go wrong there is proper insurance and redress. This may not be the case with an unregulated provider and certainly isn’t the case if you write your own will.

The charitable nature of the money raised by Will Aid is a big draw for people and encourages many thousands to enquire every year.

Through the work of the charities, our solicitors and their clients have helped improve the lives of thousands of people in the UK and around the world. The wills written during the campaign also help people here to protect their assets and ensure that these pass to their loved ones. We need more solicitors to sign up for the 2015 campaign to meet public demand so please consider registering today.”

Solicitors can register for the November 2015 campaign now at: www.willaid.org.uk or call: 0300 0309 558 or email: enquiries@willaid.org.uk

Sub-Committee news Notes of a meeting of the Family Law sub-Committee held on September 9th, 2015 Legal Derby Fiona has received an email from Vince Beckworth regarding www.legalderby.co.uk.

If anyone has had any dealings with them would they please contact Fiona.

raise this with a DJ at the FDA (not every DJ/DDJ is as aware of HHJ Rogers’ ability to do cases). There is also a timing issue. If for an FDR and it fails, he is ruled out from the final hearing, so it may need an FDR before DJ and if it fails, then Judge Rogers (but he needs to be asked not much later than FDA stage). Please note that this is for rare and suitable cases, not the norm just to get a quicker listing.

District Judge Davies District Judge Stark Fiona emailed District Judge Davies and asked the following on behalf of members: • Do our local Judges require a D81 Statement of Information form for consent orders in financial remedy cases where there are still extant proceedings?

• Does the court have , and if so, may we have a copy, of its out of hours policy?

• What is the court’s policy on Bundles for First Appointments in financial remedy cases?

District Judge Stark is retiring (and has since these minutes were prepared retired). It was resolved that the Committee contribute £5.00 and we will buy him a bottle of champagne. (Members of the Committee duly presented this at Court on behalf of the profession.

DATE OF NEXT MEETING Thursday 10th December, at 4.00 pm. at Geldards LLP Number One Pride Place, Pride Park, Derby DE24 8QR. Fiona M K Apthorpe Secretary

• Is there a designated Financial Family Judge for the East Midlands?

District Judge Davies made the following response: • Yes a D81 is required where there are extant proceedings unless the case settles at an attended FDA/FDR/Final hearing. The more information that can be squeezed onto the D81 or in a covering letter, where at first blush an order might not appear entirely fair on its face, the better.

• Fiona has previously spoken to Lou Guntripp regarding our of hours so nothing to add. The court has a policy which Fiona has circulated.

• The Practice Direction deals with Bundles at First Appointments.

He is personally quite relaxed about them at FDA (though not FDR) in most run-of-the-mill cases. In more complex/heavier cases, he would take a different view but usually in those cases, parties are both represented and invariably practitioners will lodge bundles as a matter of course.

• The courts are enforcing the rules on the size of bundles especially final hearing bundles. The local judiciary will be applying PD27A rigorously and will be likely to refuse to accept bundles which do not comply in particular with the page limit and the single ring binder limit. It may result in cases being removed from the list so if practitioners have a case where they feel that the page limit may need to be breached, they should seek permission at the previous hearing, and otherwise should comply with the PD. • HHJ Mark Rogers is as close to a “designated money judge” as we are likely to get, although that is not his official title. If there is a case where practitioners believe may be suitable, they should

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DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2014-15 Course Title

Area 2015

CPD Hours

Date

Level*

2015

Residential Property

Conveyancing Update

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Venue

Book Via**

2015 Oct 21st

Update

2015 Derby - 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.

Training news New courses for 2016 CPD programme At a recent meeting with CLT the following new courses were selected to form part of our joint CPD programme for 2016:

- Conveyancing: an intensive workshop for paralegals and support staff – Spring

- Conveyancing Update (3 hours) back to back with:

- Commercial Property Update (3 hours) – Summer

- 10 Tricky Commercial Property Problems - Spring

- Boundary Disputes: a practical approach - Summer

- Getting to the Money (this could also be of interest to paralegals) - Autumn

- Family Law Update - Autumn

- Acting for Parents in Care Proceedings – Spring/Summer

- Hot Topics in Criminal Evidence - Autumn

- Employment Law Update - Spring

- Contentious Probate: current issues - Autumn

- Wills & Probate Update - Autumn

- Drafting Commercial Lasting Powers of Attorney - Spring

Precise dates and venues will be advised as the programme firms up - the overall aim is for 50-60% of courses to be held in Derby and 20-25% each in the Burton and Chesterfield areas.

All members will receive a monthly letter from CLT (over my signature) with fuller details of those courses arranged for 2 months hence.

Please bear these courses in mind when formulating your own and/or colleagues’ training plans - and remember when booking these courses to confirm that you are a member of D&DLS in order to benefit from the 50% D&DLS Member’s discount which D&DLS membership entitles you to*. Given the cost of these courses at full ‘list price’, the 50% discount on just one course will more than cover the cost of annual D&DLS membership, so if there are any colleagues at your firm interested in attending any of these courses but who are not yet D&DLS members, encourage them to apply to me (at admin@derbylaw.net) before they book their place with CLT, thus benefitting your firm’s training budget as well as reducing the time and cost of travel for more far flung venues. And as the Society has extended membership eligibility to non-solicitor fee-earners, support staff and trainees the same 50% discount will apply to them, so please assess the course content’s potential value to these members of staff too. *Please note that CLT check claimed membership with me. Please also note that the D&DLS members’ discount ONLY applies to those CLT courses listed in the Bulletin as part of our joint local programme and marked ‘Book with CLT’

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Derby & District Law Society Event Booking Form PLEASE SEND THIS ENTIRE FORM TO: Peter Ball, Administrator, The Old Barn, Hatton Fields, Sutton Lane, Hilton, Derbyshire DE65 5GQ Name: ……………………………………………………………………………………………………………………………………………………………………............................................

Firm: ……………………………………………………………………….…………………....…………………………….....................................................................................

Address / DX: ……………………………………………….…………………………….…………………………………………………………………………….........................................

Tel. No.: ………………………………………………………………............................................

Eail Address.: ………………………………………………………………...................................

Position Partner / Assistant Solicitor / Trainee / Legal Exec / Other (specify): ……………………………………...……………………..­..................................

Event

Date

Venue

Time

CPD No.

Annual Inter-Firm Quiz Challenge

Tuesday November 24th

Derbyshire Cricket Club, Gateway Centre

6.30 7.00pm Prompt

NonMember solicitors

Members* (incl VAT)

No.

@ (incl VAT)

£12 per team of up to 4

£12 per team of up to 4

N/A

TOTAL FEE*

Suggestions for future CPD courses, especially for support staff:

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Signature:

Date:

PLEASE NOTE: if you are booking an event for more than one person or for someone other than yourself, please indicate the name, position and membership status (member / non-member) of the attendees on this form or a separate sheet, and ensure that the VATinclusive fee paid is appropriate. *Please make out a separate cheque payable to Derby & District Law Society for each separate event booked

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Recruitment - Situations Vacant

Residential Property Secretary/Paralegal Closing date: - 26/10/2015 Bilton Hammond Solicitors (part of the Banner Jones Group) are looking for a Legal Secretary/Paralegal to be based within our Mansfield office as part of the Residential Property team.

We are an energetic, forward thinking full service Law Firm, offering an exceptional quality service to our Clients.

Full time Hours - Temporary contract to cover Maternity leave.

Commencing in January 2016 (possible earlier start date) Hours of business are Monday to Friday 9.00am to 5.00pm We are seeking an experienced Residential Property Secretary/Paralegal who will be based within our Mansfield office that is committed to providing good customer service to our clients.

You will be expected to carry out a wide range of duties which will include audio and copy typing, good customer service, handling a busy workload and meeting deadlines. You will also have good communication skills, the ability to prioritise your work whilst also working as part of a team and on your own initiative.

Salary is negotiable, according to experience.

Experienced Paralegal Closing date: - 02/11/2015 Is looking for an experienced Paralegal to join our Private Client Department assisting senior members of the Department on all Private Client matters including Wills, LPAs and the administration of estates.

The successful candidate will be based mainly at our Chesterfield office but will also offer assistance at our Sheffield and Dronfield offices when required.

Hours of business are: Chesterfield/Dronfield – Monday to Friday 9.00 am to 5.00 pm Sheffield - Monday to Thursday 9.00 am to 5.15 pm and Friday 9.00 am to 5.00 pm A permanent position has become available for a Paralegal with experience in drafting Wills and LPAs, applications for probate and the administration of estates.

To be considered for this position you must have a clear and professional telephone manner and possess excellent computer skills, be numerate, with the ability to keep meticulous records and accounts. You should be able to work effectively with minimum supervision. The position would suit someone who is highly organised, accurate, proactive and committed to meeting deadlines whilst remaining calm under pressure. Excellent all round communication skills and attention to detail is essential. You will be part of a team.

This ‘hands on’ role will deal with a range of duties including: • Drafting of Wills.

• Making clients aware of other areas.

• Managing Will precedents.

• Managing the Wills and Probate Database.

• LPAs.

• Assisting with the probate matters and the administration of estates.

• Any other reasonable tasks.

• Advising clients in relation to Wills.

Own transport/valid UK driver licence holder is essential to this post as there will be an element of travelling involved.

Salary is negotiable dependant upon experience.

Please apply in writing with CVs and a supporting statement outlining your suitability and/or experience to: Human Resources, Banner Jones Ltd, 24 Glumangate, Chesterfield S40 1UA Or alternatively by email to: - HumanResources@bannerjones.co.uk For more information on the positions, please see our website: www.bannerjones.co.uk/jobs We are an equal opportunities employer

Conveyancing Secretary - Long Eaton

Experienced Conveyancing Secretary required for our busy Residential Department. Salary suitable to experience.

Please supply CV to Simon Fennemore, Simon.fennemore@sgcsolicitors.co.uk Tel: 0115 8499000 www.sgcsolicitors.co.uk

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Probate Case Management or Probate Accounts

For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited.

Email: gregory@isokon.com or call 020 7482 6555. Alternatively visit www.isokon.com Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over the last 15 years. The company is currently the leading supplier of software for Probate and Private Client work.

Isokon is used by 36% of law firms who do private client work. It is used by more than 2,000 individual users. It is used for the most complex estates, as well as basic estates. Isokon is based on an accounting database engine with an integrated Isokon case management component.

Property Creating a National Service for Land Charges

By Catherine Vaughan, Finance Director and Senior Responsible Owner for the Local Land Charges Programme Imagine that for every Local Land Charges (LLC) search, you could apply to a single source charging a consistent fee and guaranteeing a set turnaround time for an ‘official search’.

That is what Land Registry has been working towards since it was proposed in January 2014 that we should become the sole registering authority for LLC. Currently, each local authority in England and Wales maintains a register of charges affecting the land and property within their area.

That means you and your colleagues can face widely varying ways in which Derbyshire councils offer their search service. Our research with local authorities has shown differences in fees for searches ranging from £3 to £76. As the processing in local authorities is characterised by significant levels of manual intervention, turnaround time can fluctuate from one to 20+ days. This is also dependent on the volume of searches they need to process and the associated availability of staff.

Property information and serving the conveyancing market are our core business. The vast majority of LLC customers are also our existing customers, so they will already be familiar with our channels.

What are the plans to improve the service?

When will these changes start to have an impact on the market?

Our key objective is the replacement of the current fragmented service with a single digital platform. The passing into law in February 2015 of the Infrastructure Bill means that Land Registry will be able to implement a national standard of service delivery, including price, timescales and data format, for all migrated local authorities. It also means that there will be a single digital service, with easier access to property information supporting a simpler conveyancing process.

In the short term, it is business as usual. Customers will continue to buy LLC searches from their existing channels and search suppliers.

Once the investment in the creation of the digital register has been recouped, average fees will be significantly lower than the existing service. With more than a million searches performed every year, this will be of significant benefit to both businesses and homeowners.

The proposals also support wider government priorities: • to improve the ease of conveyancing transactions in the UK

We have the knowledge and expertise in developing, holding and maintaining complex digital registers, providing electronic access to data and processing millions of applications every year. We are also trusted by our customers to maintain the integrity of the register, which has been at the heart of what we do for over 150 years.

Behind the scenes, we are identifying the data held by individual local authorities. To support this work, we have a dedicated team in place which has already met with over 90 per cent of local authorities, engaging particularly with advocates who have managed the digitisation of their LLC registers. Having seen the benefits of a digital system for their customers, the advocates are happy to help develop the new service.

What next?

While the LLC Register system will be usable in Wales, our initial focus is on providing a new LLC service in England. The digitisation and import of data within the 22 Welsh authorities will be a separate piece of work following discussions with the Welsh Local Government Association.

• to digitise government services • to make public data more accessible for the benefit of the wider economy.

We have had constructive discussions with the Local Government Association, which represents local authorities. They have agreed to be one of the founding members of our new LLC Advisory Board representing key stakeholders from the Local Land Charges Institute, the Council of Property Search Organisations, Land Data and the District Councils’ Network. The Board aims to meet monthly with further members from conveyancing organisations that join as the policy develops.

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Other next steps include the launch of a full public consultation on the LLC Rules in 2016, because secondary legislation is necessary to regulate a new national service. The earliest it will be possible to begin migration from local authorities to Land Registry is 2017.

The LLC programme is one of the biggest projects in Land Registry’s history, and shows the trust the government places in our ability to deliver these changes. We will continue to communicate with the conveyancing market as LLC becomes part of our core operations and statutory function.

If you would like to find out more, contact:

llcproject@landregistry.gsi.gov.uk or visit: www.landregistry.gsi.gov.uk.

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Are you getting the FULL PICTURE

on drainage & water?

Foul Sewer

Foul Sewer within property boundary

Surface Water Sewer

Water Main

Septic Tank

Water Meter

Visit www.geodesys.com/con29dw to get the full picture on all highlighted assets.

Geodesys offers the CON29DW for all properties in England and Wales. We process around 97% of CON29DW searches (Anglian Water area) within 24 hours and offer in-house drainage and water expertise at no extra cost to investigate drainage and water issues both pre- and post-sale.

Order your CON29DW from Geodesys and make sure you’re getting the full picture!

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Drainage & Water Are you getting the full picture?

When considering a property, home buyers don’t usually give the highest priority to drainage assets and water pipes. Hidden below ground and out of sight, it’s really easy to overlook their importance. A property’s value, title and maintenance costs, however, can be directly and in some cases, adversely, impacted by issues relating to these assets.

Geodesys offers the CON29DW for all properties in England and Wales, so we are well aware of the costly oversights that could have been identified, had purchasers used a CON29DW search instead of alternative water and drainage searches, commonly known as Personal or Regulated Drainage and Water Searches.

CON29DW: setting the standard The Law Society introduced the CON29DW to provide a nationally uniform approach to the provision of property-specific water and drainage information. With 23 standard questions it is the only drainage and water search mentioned by the Law Society in its handbook and is supported by a robust and underwritten guarantee that protects home purchasers and their legal advisor(s).

CON29DW: key benefits ✔

Unlimited liability on residential property transactions

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Updated as soon as drainage and water legislation changes

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Regular legislation and product updates keep users up to date with improvements and legislation changes

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Monitored by the Drainage and Water Searches Network alongside The Law Society

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Swift turnaround – Personal Searches can take up to five days longer!

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Drainage and water expertise provided at no extra cost to investigate issues arising from a CON29DW, both pre- and post-sale

Should I choose a CON29DW or a Personal Search?

Can your clients afford the cost, time and disruption to deal with drainage and water issues. Personal Searches do not tend to include answers to all 23 of The Law Society questions, and instead offer insurance to cover unanswered questions. As issues only tend to come to light once the buyer has moved in, the new owner then has all the difficulties of dealing with the problem retrospectively.

In contrast to other drainage and water searches, choosing the CON29DW gives the FULL picture. You have all the facts up front ensuring that transactions can proceed in the full knowledge that any risks have been properly identified.

What’s the risk?

This recent case study illustrates what can to wrong and gives an idea of the costs involved.

A Personal Drainage and Water Search was ordered in place of a CON29DW and this search indicated that the property was connected to the public sewer. In reality, there was no sewer connection and sewage drained into an old septic tank. This was only discovered when the tank backed up causing nasty leakage into the homeowner’s garden! Resolving the issue and connection to the public sewer cost the owner around £10,000.

Would you want an overflowing septic tank in your garden?

At Geodesys we had a similar situation where the CON29DW had indicated a connection, where none actually existed. The home owner had the same issue when waste from the septic tank flooded his landscaped garden but, in this case, Geodesys arranged and paid for connection to the public sewer, as well as for removal of the old tank and waste.

Call in the Geodesys experts!

At Geodesys, our internal experts are dedicated to producing the most accurate picture they can for you and your clients. If questions regarding the location of assets are raised either during our checking process or after you receive the search, we do our utmost to find out what’s really going on, including visits to the property.

Image on right shows underground cameras are just one example of the specialist equipment that we have at our disposal

Geodesys offers the CON29DW throughout England and Wales, turn around 97% of CON29DW (Anglian Water area) within 24 hours and offer in-house training/CPD on drainage and water.

For more information contact Paul Smith, Geodesys Client Account Executive on 07764 987259 or paul.smith@geodesys.com and start getting the full picture!

Using Alternative Dispute Resolution for Commercial Disputes

JEFFREY C. ROSENTHAL

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Alternative Dispute Resolution encompasses resolving disputes by Arbitration or Expert Determination, or encouraging the parties to settle by Mediation. These processes are encouraged by the Courts, and are sometimes referred to as Private Dispute Resolution because of the privacy and confidentiality provided to the parties.

With my background as an accountant and adviser to numerous SMEs, and many years’ experience in dispute resolution, I can provide these services to resolve commercial disputes. I can also offer a hybrid of Med/Arb which starts as a Mediation and evolves into Arbitration if the parties are unable to settle. This is very costeffective as there is no need to find a second neutral appointee.

ALTERNATIVE DISPUTE RESOLUTION & EXPERT SERVICES

As you will see from my advertisement, I am a Chartered Certified Accountant, Chartered Arbitrator, Member of the Academy of Experts and a CEDR Accredited Mediator.

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09:17

Book Reviews 365 DAILY ADVOCACY TIPS

By Leslie Cuthbert ISBN: 978 1 78043 832 0 www.bloomsburyprofessional.com

jumbled. Think on what you read... some ideas you will like. Others may not work for you. With advocacy, this is always the way. But the point is to try things out - one day at a time.”

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

One can see from Iain’s seminal work “The Devil’s Advocate” now in a third edition from Sweet and Maxwell of such sage advice for modern practice.

Yes, this superb little pocket book by Leslie Cuthbert entitled “365 Daily Advocacy Tips” is published by Bloomsbury Professional and gives advocates (solicitors and barristers) across all legal fields some well thought-out, useful and effective practical tips on the advocacy skills needed for 21st century.

The advocacy suggestions given throughout are rightly described as “packed with pithy, serious, amusing, and thought-provoking tips for each day of the year, from a refreshingly diverse range of sources” and of course, it is the originality of the advocate’s approach that can make a profound difference to the outcome of a case.

These special skills have been honed down, developing over the years to suit the changes in style and judicial attitudes of the day. The book includes the impact of psychology - quite important as any reader and analyst of English Literature will know- to enable practitioners to be more confident in the way one advocates now, and to be of relevance to current practice in 2015 with all the mistakes of the past firmly behind us.

What we liked in particular was that the tips give a fascinating insight into the principles of good advocacy whilst offering essential practical knowledge of related topics such as how people make decisions, indicators of credibility and the ‘rules’ of argument and rhetoric.

“365 Daily Advocacy Tips” is undoubtedly a text for all advocates, from the beginner just out of law school to the experienced (or think they are experienced) practitioner. We feel having read this book that people in many walks of life, not just lawyers, can benefit from the tips whether involved in civil, criminal or other proceedings especially with the growth of litigants in person in the post ‘legal aid for all’ era.

As the author says, the tips are non-jurisdiction specific and so they are relevant to advocates all over the world, including our rather brash colleagues in the North American continent! The content of the book covers a range of helpful quotes, points from psychology and of course best practice points to gain the requisite brownie points with the judge.

Cuthbert has included brief snippets of useful information giving as wide a range of interesting pointers and hints as possible which will give us all a few ideas about how to tackle some of the more hideously difficult cases. Unlike most books about advocacy, this one provides useful insight into psychology which is often overlooked, and it also explains how to break down the rules of argument and rhetoric which is a good discipline to adopt early on in your practice.

One other constructive observation is the coverage of acronyms to help remember techniques (a good training device), useful quotes from history and literature which can be used in cases (but don’t bore the judge) and references to other texts both legal and non-legal which makes the book more than just a guide for the lawyer advocate. Politicians might also find it helpful!

And unlike many advocacy guides “365 Daily Advocacy Tips” gives a refreshing insight into this world of psychology and how to break down the rules of argument and rhetoric so you can succeed with your approach.

It offers most suitable acronyms to help one remember techniques with useful quotes. Lengthy and studious volumes of advocacy have had their place and they don’t feature much in the ‘teaching’ of advocacy if it can, indeed be taught, but once in a while just a morsel of advice might be needed to change an entire day’s work and this is where it might be found.

Cuthbert’s list is a calendar of tales and tips from the world of advocacy and it does prove an able companion for every advocate serious about continuous and incremental improvement in their knowledge, skill and practice with the added bonus of plenty of space to jot down your own ideas throughout the book.

Some common sense points are also explored: do not read out the entirety of your argument (in other words written down as it doesn’t work and remember your delivery!) or seek to memorize the totality of what you wish to convey (because that doesn’t work either).

The author mentions that a common helpful approach is to remember the introduction and the last paragraph which is a basic structural point: “begin with the end in mind” is a useful concept to focus upon. Absolutely right!

Other sensible guidance includes: how the advocate should dress (outside formal robing) and how to present oneself which can be an incredibly important factor even in 2015 after years of sloppy dressing however ones feels about this.

One of our contemporary expert advocates who are established as seriously good in court is Iain Morley QC. He is well quoted when he writes in favour of these tips saying: “this book is a good idea… what I like is there will be one idea every day - and only one. Your mind will not get

And remember the nature of the judiciary itself as one judge has put it: “the burden of proof is on the advocate in the polyester suit!” Hm! But please do not think that this is some sort of sartorial snobbery- it isn’t, it’s merely a practicality in reality… and that is why Cuthbert’s book is an exercise in reality and how to win in 2015… getting the book is tip 366.

CIVIL COURT SERVICE 2015

This new edition reflects the latest amendments to the CPR, which indicate its continuing state of change. There are amendments to reflect case law… to incorporate new legislation… and to incorporate new European regulations and amended European regulations. There is a new Part incorporating the remaining rules of the High and County Courts. Logically organized with the needs of the practitioner in mind, the editors and contributors have introduced a new style of introduction for the Parts of the Rules most frequently referred to.

General Editor: District Judge Graeme Smith and a team of contributors Includes a CDJordan Publishing ISBN: 978 1 78473 058 1 www.jordanpublishing.co.uk An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Once again Jordan’s has published its new edition of the Civil Court Service 2015, widely known and appreciated as ‘The Brown Book.’ At the time of its publication at around Easter of this year it was regarded as the most up to date statement on main civil jurisdiction practice.

As it has appeared annually since 1999, this in itself is a testament to the high regard in which it is held by practitioners. Publishing annually is of course a dire necessity in view of the relentless tide of changes constantly emerging within the civil justice system.

In this 800th anniversary year of Magna Carta, ‘what,’ asks General Editor Graeme Smith, ‘would King John and the barons have made of today’s civil justice system?’ If there’s an answer to that, it would probably be that they’d need “The Brown Book”. Well, actually, the barons would.

King John was most probably illiterate.

Another change implemented in response to reader demand is that the Courts Directory, now online and therefore omitted from the previous edition, has now been reinstated in this new one, following quite sensible suggestions that practitioners do need to have this information available in a work of reference as well as online. (Would that other institutions and/or publications would take this responsive and enlightened view.)

Certainly this volume of more than 3,300 pages is an invaluable reference resource, containing tables of statutes, statutory instruments, cases and practice directions. There is a detailed index at the back and -- this is handy -- a Civil Procedure Rules Quick Finder on the inside back cover.

Also attached to the back cover is a CD-ROM. Note too, the ‘stop press’ insert listing the latest developments on fees.

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Mediation: how to serve your client best There is no doubt that mediation as an essential step in civil litigation is here to stay. We’ve seen the Overriding Objective in Part 1 of the CPR; Lord Woolf’s early cases with costs penalties; from Halsey the onus falling Chris Makin on the party refusing mediation to show that their refusal was reasonable; powerful speeches from Sir Anthony Clarke, Lord Phillips and others on the value of mediation, and so on.

Yet we still come across lawyers who think that mediation is designed to deprive them of the fees they can earn if a case goes to a full hearing (so long as they don’t lose when costs are assessed) and some district judges – albeit a small minority now – still convinced that mediation is designed to deprive them of their pension.

It won’t do; the Ministry of Justice says so. They have to save the enormous cost of the civil justice system, and see mediation as a way of keeping litigants out of the courts. We now have small claims mediators in most courts in the land, settling lots of claims over disappointing holidays or toasters which burst into flames, and with the small claims limit increased, compulsory mediation before a small claims hearing is allowed, the fast track limit increased perhaps to £100,000, and compulsory mediation information sessions (mandatory now in family cases) before a fast track hearing may be held. And all that is on top of the costs changes following the Jackson report.

So now it really is getting serious; lawyers have to accept that mediation is a necessary step in civil litigation, and become adept at making best use of it. We need to address when to suggest mediation, which side should suggest it, and how to use it to benefit your clients.

The best time to propose mediation? Try this: “The trick in many cases is to identify the happy medium: the point when the detail of the claim and the response are known to both sides, but before the costs that have been incurred in reaching that state are so great that a settlement is no longer possible.” Nigel Witham Ltd –v- Smith & Isaacs [2008] EWHC 12 (TCC).

And after exchange of protocol letters, the issues in many cases are already clear enough for mediation to be proposed. Indeed, mediation can be done at any stage, and there is nothing to stop the parties mediating even before any formal steps have been taken.

Which side should propose mediation? Your side, of course, since that puts the other side at risk on costs generally, and not just within the confines of a Part 36 offer. It’s rather like Northern Ireland, where in the bad old days it used to be said “Vote early, vote often”.

So in mediation. To propose it is not a sign of weakness, it is a sign that you wish to do your best for your client.

As the mediation approaches, prepare carefully, and insist that your client does the same. I have a standard letter which I issue a week or so before the mediation, which includes lots of notes on how to prepare. For example, make lists of your strong and weak points; decide on your red lines (if you must!); plan your best outcome and your acceptable outcome, and so on; then prepare the same notes

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as if you were your opponent, because seeing the dispute from their point of view leads to an understanding of where the common ground may lie. And don’t rubbish the other side’s case; they wouldn’t be pursuing it if they thought they were weak.

Then brief the mediator, by providing a simple summary of the case (one page of A4 is the ideal, though it never happens!) and provide copies of key documents; but do not, repeat do not, provide the mediator with a full trial bundle. He needs to know the big picture, not the minutiae, and the more detail provided, the less chance one has of settling. Remember that neither side is going to win on every point; a satisfactory settlement is where both (or all) parties reach a solution they can live with. Mediation is about needs and benefits, not about who is right.

Decide who is to attend on the day. If the chairman of the company (or the spouse of one of the parties, or an elder in the community, or the claims manager) is the real decision-maker, ask them to attend. They need to hear the arguments, and participate. A mediation is very difficult if the decision-maker is absent, doesn’t hear the arguments, and makes decisions on the basis of a series of furtive telephone calls.

It is a rare mediation which requires both counsel and solicitor, and I have conducted scores of mediations without ever seeing an expert (though I’ve seen expert reports, and even though my “day job” is as expert forensic accountant). Of course the client should attend, but if learned counsel metaphorically stands up, sticks his thumbs in his waistcoat and pleads the case formally, we know the chances of a settlement have just evaporated. Unless your client is incoherent, ask him to describe his own case, or at the least ask him to say a few words after the facts of the case have been described by you the lawyer.

Unlike at trial, not every point should be propounded. And unlike court, concessions can be made; the whole process is without prejudice, so nothing discussed can be used afterwards. And it is amazing what a beneficial effect an apology can have, even one as mild as a doctor saying he is sorry that the patient is disappointed with the standard of treatment they received. It’s powerful, and could never be said at trial.

On the day, make best use of being in the presence of your client, your client’s opponent and the other lawyer(s). This is a rare opportunity to see the whites of their eyes, to study their body language, to assess their command of the case; and also to assess how your client conducts himself in the discussions, and how that might translate to the witness box. Will your client be chewed up under cross-examination? Does he realise for himself that it would be better to settle? Better to settle now, than fall to pieces at trial?

Even if a settlement is achieved which does not win every point for your client, it is often worthwhile to assess the benefit of finality, of not wasting any more management time on litigation, of stopping

the threat of an adverse costs order. If it’s over, it’s over, and that brings its own benefits.

And if a settlement is not reached, then although the discussions were without prejudice, you will now know a great deal more about the case, so that a carefully crafted Part 36 offer can be made.

That’ll make them sweat!

So do grasp mediation with enthusiasm; you have to grasp it, so you may as well enjoy it. It gets better with practice, and your grateful clients will thank you all the more.

Chris Makin chris@chrismakin.co.uk www.chrismakin.co.uk

Chris Makin has practised as a forensic accountant and expert witness for 23 years, latterly as Head of Litigation Support at a national firm. He has been party expert, SJE, Court appointed expert and expert adviser in hundreds of cases, and given expert evidence about 70 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he serves on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and an accredited mediator. He is also an accredited forensic accountant and expert witness.

He practises as an expert witness and mediator from West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH. He has mediated a vast range of cases, with a settlement rate to date of 80%.

Ethos Forensics is an independent consultancy, formed in 2011 by Sue Carney, formerly a Senior Forensic Scientist at the UK Forensic Science Service. Sue’s field of expertise is the examination of Body Fluid evidence and the interpretation of DNA Profiling results.

Ethos Forensics offer: • Quality-driven, ethical and independent forensic consultancy and expert witness services. We specialise in body fluids evidence including sexual offences casework, cold case reviews, blood pattern analysis, DNA profiling interpretation (including mixtures and Low Template DNA techniques) and textile damage assessment.

• Bespoke CPD training in all areas of forensic biology to meet the changing needs of the legal profession.

For a free, no obligation quotation or initial casework discussion, call Forensic Consultant, Sue Carney, on 07796 546 224 or email sue.carney@ethosforensics.com

www.ethosforensics.com Untitled-1 1

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The Challenges for University Law Schools The current climate is particularly challenging for University Law Schools. The government’s policy on tuition fees coupled with its policy on controlling student numbers makes recruitment of good quality students an issue for many law schools. In addition the emphasis on A-level grades as a criterion for opening admissions (this year there was a free for all on those students with AAB, next year it is suggested the free from all extends to ABB students) means that entry is becoming progressively more difficult for those nontypical students who may well be able to benefit from the opportunities offered.

To that end at Huddersfield we are opening a law clinic, staffed by students, in January. This will differ from many other offerings in that not only will students gain hands-on experience of dealing with clients and their problems but in addition they will be part of a major research project which will study the psychology of learning within that clinical environment. This is being supported by a joint research grant shared between the Law School and the Department of Psychology. The clinic will concentrate on the unmet legal need within the local area and will refer cases on to a network of local firms when appropriate.

Allied to this and increasing the challenge (or increasing the opportunities), is the fact that the Legal Education Training Review is due to report next year which may well bring in a whole new framework for qualification and post-qualification training. As yet there is little indication as to the way the review will jump but it is expected that the changes will be extensive.

Dealing with the postgraduate needs of the practitioner, we are developing for September 2013 an MBA in Legal Practice which will be structured specifically to the needs of partners and those aspiring to manage legal firms. This will be delivered in conjunction with the Management, Accountancy and Marketing streams within the Business School. With its flexible delivery channels and closely relevant content it is expected that this will prove extremely attractive to current practitioners.

This means that in the near future it is going to be essential that to remain successful law schools are going to have to change the structure of the courses and the way that they deliver them. This means a reimagining of the law school to ensure that it delivers an education which is both relevant to the needs of its major enduser i.e. the legal profession but yet retains sufficient flexibility for students who do not intend to practice as lawyers (around 50% of the typical intake).

Increasingly employers are looking to the work experience of students as a way of differentiating between applicants for training contracts. Whilst most providers will use case studies within the professional routes, the case for clinical legal education is becoming irresistible.

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We are however in a very fluid situation successful law school will need to be flexible and able to respond fast to a changing environment and the changing needs of the profession and the student.

Sean Curley PgDip(Law), LL.M, FHEA

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Case study – Sara Frisby, Tactical Employment Solicitors Tactical Employment Solicitors is a specialist employment practice established by Sara Frisby in 2014. The firm is a boutique employment practice with a very clear vision of the service it offers to clients. It has a manifesto and its core values are Technical, Transparent, Tenacious and of course, Tactical. For senior executives, the firm regularly advises on settlement agreements, exit packages, team moves, contractual documentation and remuneration packages for senior executives. For corporates, the firm drafts forms of contractual documentation, advises on redundancy processes, terminating employment and employment aspects of corporate transactions. Tactical Employment Solicitors defends all forms of employment litigation and conducts workplace and employment mediation.

When Sara set up the practice she needed to implement a technology system from scratch. She initially chose a hosted system which seemed appropriate for the size and needs of the organisation.

However, after the initial installation she soon realised that the solution that she had chosen didn’t lend itself well to her needs.

There was little integration with Microsoft Office and she found the system’s forms management process very cumbersome.

After a couple of months of struggling with the original system, Sara began to look around for a suitable alternative. She needed to get it right the second time. She was introduced to LEAP and was persuaded to trial the product. She began using the software in January 2015. She commented that “the integration was very simple, with not too many workflows and it worked straight away unlike other cumbersome systems.”

Sara says the cloud aspect of LEAP works very well for her and her firm. It’s well supported and she has had good follow-up and technical support when she has needed it. “The cloud works for me” she says. “LEAP is not just another product and there is a huge amount of development being undertaken for the system which I find reassuring, knowing that it is future-proofed.”

Sara also feels very reassured regarding back-up and disaster recovery arrangements.

“I have spent a considerable amount of time researching the various compliance issues and implementing procedures relative to using a cloud based system. LEAP has been very supportive throughout this time. The system is backed up every eight seconds to eight different servers within the UK. Paper files can never be maintained at that rate.”

One of the benefits of LEAP is that if you are working online and your data connection drops out, that you can continue to work offline and the system syncs when you regain your connection.

According to Sara, LEAP is a very simple system to use. She admits to having been a little sceptical initially. LEAP recommended she split her SRA accounting and practice accounting between LEAP and the Xero accounting package. However she found that it works very well, giving her full matter history and financial information at her fingertips.

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“My accountants love the fact I work with Xero and I still retain total control of all SRA accounting through LEAP.” Sara is looking to have a virtually paperless office by the end of this year, taking advantage of the scanning features of the software and the notes section.

Sara runs a small practice, she likes to roll her sleeves up and give strong, practical advice. When asked whether the LEAP software has enhanced her work/life balance Sara joked “I’ve got three kids and my own firm. I don’t have a work/life balance! Seriously, LEAP helps me optimise my work-life balance as the software lets me work flexibly and the information I need is always up to date and on the system.” Version control is a breeze and she can continue working securely from home in the evenings (which suits many of her senior executive clients who don’t want to speak during the day) without taking confidential papers out of the office.

The LEAP package is progressive Sara says, and enables her and her team to continually adapt and behave in a forward-thinking manner. She does profess to be “reasonably techie” herself and has an open mind to embracing future technology.

She says that the LEAP software enables her to run her practice more efficiently, and it gives team members carte blanche to work where and when they want, with no set hours, just having the objective of getting the job done.

Recently Sara used the mobile aspect of the software for the first time when she was out and received a time critical work enquiry at 5.20pm. She was pleased that she was able to sort the issue out immediately and with full access to all her information from her mobile phone. She also gives the example of an average day during the summer holidays where she checked her emails at home, dropped the kids at summer camp and then continued to work in the office.

LEAP software has helped Sara’s firm to grow and enabled her to hire, and keep, people on a flexible basis as required, with no additional office space needed and a hot-desking culture in place.

It has helped her provide a more attractive working environment and a better work-life balance for everybody.

“We have had a fantastic first year – projected turnover doubled and we have exceeded expectations in the type of work and clients we have attracted. Working with LEAP has certainly contributed to this success because it enables us to be responsive, accurate and efficient in our dealings with clients”.

Going forward, the strategic plan is to retain and attract new work, to go paperless, recruit additional team members and above all to continue to provide a true to values, first class service to the firm’s clients.

Company contact details: Tel: 0845 683 2517 Email: info@leap.co.uk Web: http://leap.co.uk