Derby & District Law Society Bulletin Issue 106

Your clients trust you to give them the best advice and to protect their private data. Don’t become one of these statistics.

More than 80% of UK organizations experienced a successful attack in 2021/2022 .

In 2021 there were over 400,000 reports of fraud and cyber-crime in the UK.

13% of UK organisations ended up paying the ransom when their data was encrypted. Over 45% of all emails sent are spam and 42% of computer users report clicking on a malicious link.

The average time to identify a data breach is 181 days.

As part of our 2023 campaign to fight cyber crime we’re offering 10 FREE cyber security audits and system health checks in June.

Our audits highlight cyber security vulnerabilities and give you a roadmap of how to become better protected. Sometimes simply identifying a security features you’re not using can be an inexpensive way of making it harder for cyber criminals to gain access to your systems.

We made the decision to offer a limited number of FREE cyber security audits after spotting a worrying trend when onboarding new clients. Many had insufficient security in place or were wasting money on services that didn’t offer high levels of protection.

If you wish to take advantage of this offer please either call us on 01332 948600 or email hello@truemsp.co.uk and quote D&DLS.

D&DLS Bulletin

Derby & District Law Society May / June 2023

Contents

Editorial

Another packed Bulletin. Please read through the reports from the various officers of DDLS and the secretaries of the subcommittees. Thank you to the DDLS team for a great year with lots of hard work going on behind the scenes. Please e-mail me if you would like to get involved. It would be indiscreet to give exact details, but the age range of our committee members is more than 50 years from youngest to oldest. Plus we have a regular attendance of DJL members which probably takes that number to 60. We are always looking at extending the numbers of this pretty diverse bunch so please feel free to get in touch.

Manesha gives a review of her year on page 5 and Oliver outlines plans for an exciting year to

come on page 6. Please visit the website www. derbylaw.net regularly for details of courses and events and follow DDLS on LinkedIn and Instagram to stay up to date.

The re-arranged criminal course presented by Mary Prior KC and Paul Prior of 36 criminal chambers, will be on Wednesday 21st June at 5.30pm at Nelsons Derby. Please e-mail me to book your free place – all welcome. Please let me have any requests for future courses you would me to organise. I am particularly keen to help you support your staff members wellness as well as their continuing legal education.

The highlight of the year is always the awards dinner and this year, as you will see from the write up and photos on pages 8 and 9, the event was well attended, well sponsored and enjoyed by all. Thank you to everyone who made the event such a success.

On page 12 there is also a report from DJL who have done an amazing job this year in taking their

membership from a few to 80 members and put on some great networking events. Please pass their details on to your young lawyers and encourage them to get involved. It is a great way of networking with other young professionals.

DJL are also organising the Derby Legal Walk this year. On the 22nd June 2023, after work and meeting at the Derby University law school, walkers will complete the circuit and raise money for the Access to Justice Foundation before enjoying some liquid refreshment at a local watering hole. Please e-mail me in the first instance to get your firm involved and yes, your four legged friends are very welcome to join in the fun.

I look forward to seeing you at an event soon.

Take care

Julia Saunders admin@derbylaw.net 01283

734989

Officers and Committee Members for 2023-24

Officers

President*

Oliver Maxwell   Nelsons   01332 378696    oliver.maxwell@nelsonslaw.co.uk

Vice-President*

Tina Attenborough Attenborough Law, Derby Tel: 01332 558508 tina@attenboroughlaw.co.uk

Immediate Past President* Manesha Ruparel Alexander & Co Solicitors LLP Tel:  (01332) 600005 mr@aandco.co.uk

Deputy Vice-President* Lucy Tissington lucy.tissington@familylawgroup. co.uk

Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com

(*=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 Alex Needham alexander.needham@geldards. com

John Ellis john.ellis@aandco.co.uk

Laura Matthews laura.matthews@geldards.com

Constituency Council Representative, Derbyshire (+) Shama Gupta shama.gupta@freeths.co.uk

(+)attendCommitteebyinvitation

Other Committee Members Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk

Tina Attenborough tina@attenboroughlaw.co.uk

Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 andrew.cochrane@flintbishop. co.uk

Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk

David Hardy Tel: 01332 842008 david.hardy1630@gmail.com

Natalie Haydon-Yeung Geldards LLP 01332 331631 natalie.yeung@geldards.com

Martin Salt martinsalt@johnmlewis.co.uk

Tel: 01773 540480

Della Copley Della.copley@geldards.com

Sue Jennings Tel: (M) 07946 609436 s.jennings@derby.ac.uk

Treasurer*

Ben Lawson Elliot Mather LLP Tel: 01246 231288 ben.lawson@elliotmather.co.uk

Claire Rudkin Flint Bishop, Derby Tel: 01332 340211 claire.rudkin@flintbishop.co.uk

Simon Stevens

Eddowes Waldron 01332 348484 sws@ewlaw.co.uk

Chloe Summers chloe.summers@nelsonslaw.co.uk

area representative Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753

Administrator / Bulletin Editor Julia Saunders, 14 Risborrow Close, Etwall, Derby DE65 6HY Tel: 01283 734989 Mobile: 07964 358042

Email: admin@derbylaw.net

Sub-Committees (Secretaryinitalics)

Criminal Litigation SimonStevens

Andy Cash Felicity Coats felicity.coats@elliotmather.co.uk

Andrew Oldroyd (01332 225225)

Education & Training SueJennings, & all Sub-Committee Secretaries

Employment and Business Law SueJennings

Tina Attenborough tina@attenboroughlaw.co.uk

Equality, Diversity and Inclusion ManeshaRuparel mr@aandco.co.uk

Tina Attenborough tina@attenboroughlaw.co.uk

Sue Jennings s.jennings@derby.ac.uk

Natalie Haydon-Yeung natalie.yeung@geldards.com

FionaApthorpe

David Guthrie dg@aflp.co.uk

Diana Copestake diana.copestake@freeths.co.uk

Fiona Apthorpe Fiona.Apthorpe@geldards.com

Fiona Lazenby fiona.lazenby@knightsplc.com

Julie Skill Julie.Skill@elliotmather.co.uk

Kelly Mower kellym@eglegal.co.uk

Liz Guyler lizguyler@eglegal.co.uk

Lucy Tissington lucy.tissington@familylawgroup. co.uk

Melanie Bridgen melanie.bridgen@nelsonslaw. co.uk

Natalie Haydon-Yeung Natalie.Haydon-Yeung@geldards. com

Nick Herbert nh@aflp.co.uk

Ruth Jones ruth.jones@smithpartnership. co.uk

Sole Practitioners’ Group (SPG) TinaAttenborough

Solicitors’ Benevolent Assoc.

Family Law

Lastupdated15.05.23

The final piece!

It feels like yesterday that I commenced my term as President and what a year it has been. I was warned by past presidents that the year would fly by in the blink of an eye, they were not wrong.

It has been a very busy year and we have made some great strides, notably: -

• The Annual Awards Dinner was a great success with lots of positive feedback, both in person and online.

• We have re-connected with our neighbouring law societies, strengthening ties, and establishing new links including Nottinghamshire, Northamptonshire, Hertfordshire, Birmingham and Leicestershire, placing Derby firmly back on the map.

• Our Social media presence via LinkedIn and the launch of our Instagram page has enabled us to progress and modernise,

helping to engage our younger generation of lawyers, increasing our online presence and attracting sponsors.

• We have developed Sponsorship packages which have helped to elevate the interest in our brand and increase the amount of sponsorship we have received. We can look to further enhance and leverage on the relationships we have initiated this year. I am pleased to confirm this year, that we successfully raised £12,800 in sponsorship.

• We also raised over £1,750 for our charity – Derbyshire Mind, proceeds were raised at charitable events including the DDLS Bake Off and raffles at our Christmas Social and Annual Awards Dinner.

• We have continued our close ties with the University of Derby, mentoring and judging the Skills Triathlon. Our relationship with the University is one of many of our society’s benefits, it differentiates us from other societies in the country and enables us to give back to the community including working with local schools in the debate competition which is always a great success.

• Other well attended and fun social events including the Christmas Social, the Quiz, a Golf Day and Cricket matches.

• The successful relaunch of Derby Junior Lawyers, they have re-ignited the Junior Lawyers with great efforts and engaged many junior lawyers in and around the area.

I wish to convey sincere gratitude and thanks to many. It was wonderful to be supported by such a great committee and team, notably

Oliver Maxwell and Tina Attenborough who have been a fantastic sounding board and key in developing the strategy for the future our society.

I am grateful to my colleagues and friends at Alexander & Co Solicitors LLP who have fully supported me and our society throughout the past year.

A special thanks to Derby Junior Lawyers, particular thanks to John Ellis who has been a key and invaluable support in the success of the last 12 months.

A big thank you to Julia in her role as administrator for the society, the day to day running and organisation of events is only possible with Julia’s efforts.

And as always, thank you to you our members, for allowing me the opportunity to represent our society as your President and the ongoing support and attendance at our events. Our members are the heart of our society, without you we would not exist.

I am pleased to confirm that we are moving in the right direction, as we continue to grow by failing fast and learning as we progress.

I am excited about the future of our society and have no doubt Oliver will continue the momentum and elevate our Society to the next level for many generations to come.

Manesha Ruparel President, 2022-23

Well the gong and, with it, the reigns of the Society’s presidency are duly handed over to me. It will be quite an act to follow but, on behalf of us all, I would like to convey my sincere thanks to our outgoing president Manesha for her stellar performance this year. Manesha, of course, becomes our newest immediate past president and so she can enjoy some well-deserved relaxation, for now at least. Manesha has demonstrated impeccable leadership this year and, in my view, laid the foundations for the society to go from strength-tostrength over the coming years. Thank you also to Julia for her ongoing commitment to the cause. Her efforts in raising the online profile of the society (as well as all of the other day-to-day tasks, without which the society would not operate) have been noted both internally and externally.

It’s been an exciting year and one in which, certainly for the first time since my involvement in the society began back in 2017, the president, vice-president and deputy vice president have all regularly met and collaborated as an executive committee to discuss ideas with a view of pushing the society forwards. There is, increasingly, a palpable “buzz” about the society and, I’m glad to say, its future. That collaboration is set to continue, with Manesha, Tina, Lucy and I all committing to retain the executive committee meetings during my presidential year.

It seems to me that support and collaboration are the key to progression but, at the same time, we need to be realistic about what we can achieve and, increasingly, how to demonstrate value. As an executive committee, we have often said (and I appreciate this is slightly cliché, but bear with me) that we are in the process of planting the trees under which we

will ultimately shade in years to come. One element of that process is changing the way in which the membership is structured so that we can increase the number of lawyers that we represent. This, in turn, is part (and I emphasise the word “part”) of the key to unlocking the inevitable economies of scale that come with a larger membership when it comes to things like retailer discounts and other member benefits that we can offer. But, as I have said, value (both in a monetary sense and more generally) in terms of membership re-structuring is key.

So what about value? We have made significant progress this year by offering more training and social events, the creation of the diversity and inclusion committee and the creation of the property law professionals network (which held its very successful inaugural event at the Orange Tree on 22nd March) to name but a few. We also enjoyed the busiest and most successful awards ceremony in recent history and have plans to launch a new “Tapas Thursdays” networking event in collaboration with the award-winning Lorentes restaurant in Darley Abbey. All credit also to the Derby Junior Lawyers, with whom I am meeting next week to discuss halloween socials, after their successful re-launch. The Christmas social, albeit an intimate affair, was a lovely evening and something which we should continue to offer. I think we can all agree that Manesha’s nibble platters at that event were second to none. We do, however, need to do more if we are to take the society to the next level.

Returning to membership, then. In my year, there is going to be a significant focus on engaging with the member firms to see, ultimately, what they want the society to offer and how that lines up with the objects within our constitution. I am sure you will all have the constitutional objects committed to memory but, by way of re-cap, they are:-

1. To promote the growth of the legal profession and its reputation;

2. To encourage legal education; and

3. To facilitate communication between the local legal profession and the national law society and other organisations/ government.

I can’t think of many firms that would be averse to growth or the provision of more legal education which is, of course, key to our continuing development and success. Education is important to practice. To use civil

as an example, those who practice in that area will know that the rules on Fixed Recoverable Costs are being extended this year, as well as the introduction of a new “intermediate” track (in addition to small, fast and multi-tracks). There are exclusions, of course, but going forwards most civil litigation lawyers will have to deal with not only the allocation of claims but, also, the assignment of those claims to a complexity band which will impact the Fixed Recoverable Costs that will be available. Keeping abreast of these kind of procedural changes is essential. As a society, we already offer Chamber-led updates on crime and family, but I want to increase that over the course of my presidential year into the areas of civil litigation, personal injury and noncontentious areas too such as conveyancing and commercial real estate. It may not all happen this year but, rest assured, in the same way that Manesha will continue to support us post-presidency, I make a commitment do the same.

So what of communication? I have found historically (and I stress this is in the world of civil litigation in which I practice) that there is a tendency for lawyers to be quite “stand-offish” with one another. It is a trait that is gradually (and thankfully) eroding and, increasingly, lawyers can see the benefits of communication and collaboration. As an example, I was recently contacted by a member of the civil litigation sub-committee which I tried to launch this year. They were enquiring as to whether we are going to seek to revive it and it is certainly something that I am keen to do. Family and criminal lawyers all tend to “talk” and that, in turn, results in more positive working relationship and, ultimately, better outcomes for our clients. That must be beneficial. Also, communication is key to referrals. As you know, Rotheras recently took over J H Powell and that, in turn, has led to them reaching out to me to discuss conflict referrals. This is important to keep legal jobs within the Derbyshire market which, again, is hugely positive.

It is in the background of the above that I now offer my services to the society as president over the forthcoming coming year. Once again, thank you to Manesha and, indeed, all the committee members for their input and efforts this year. Let’s see if we can keep the momentum going and ensure that the society has a bright and prosperous future.

Oliver Maxwell

Oliver Maxwell

DDLS Annual Awards Dinner 2023

Manesha Ruparel, President 2022/23 hosted top table guests including Judges, the High Sheriff, Magistrates and Presidents from neighbouring local law societies. We were also pleased to welcome a table made up of past presidents and guests plus three tables of local and not so local Barrister’s Chambers. It was great to see so many young lawyers that we had to split them on to two tables and we welcomed some familiar faces and some firms who are either new to the area or have not attended the dinner for a few years. We hope that you enjoyed yourself and that we see you again soon.

Alan Hudson (above) did an amazing job as both magician and comedian. A really original and entertaining show. The dancing which concluded the night (and sound effects during the evening) was expertly played by Dominic Degnan from Pro Disco’s and Entertainment.

We were pleased to welcome this year’s Gold Patron Hallam Wealth Management together with dinner sponsors Greg Gillespie from Tacet Global and Craig Dade from Leap. Thank you for your support.

Thanks to members of DJL who sold raffle tickets on the night and to those who donated prizes and bought tickets. An amazing £1260 was raised for the President’s Charity –Derbyshire Mind.

The Awards Dinner continues to go from strength to strength and as one member of DJL put it is “ a great celebration of the success of Derby and District Law Society and it’s members”

Photos by Minal Mody

DDLS Awards 2023

The Lifetime Achievement Award sponsored by Our Family Wizard was won by Andrew Alexander formerly of Alexander & Co. Andrew has enjoyed a legal career spanning over 47 years and has dedicated generous time and energy to various charities and continues to do so after his retirement in 2020. He is well respected by the community in Derby and by those that have been supported by this candidate over years.

The Junior lawyer of the Year sponsored by No 36 was won by Jessica Silvers from Family law Group. Jessica is an outstanding advocate in complex matters, whilst also being committed to pro-bono and charitable work.  A real inspiration to others.

The Solicitor of the Year sponsored by Alexander & Co was awarded to Melanie Bridgen from Nelsons. Melanie is an exceptional leading individual, influencing law and policy going beyond her role as a lawyer.  She is highly regarded by clients and peers alike.

The Presidential award – special recognition was awarded to Alex Needham from Geldards. Alex has contributed significantly to the relaunch of the Derby & District Junior Lawyers, with his steer, DJL are thriving in supporting their peers and shaping future generations.

Well done to all the winners of awards and all those nominated and short listed. We are lucky to have such talent in our local area. A huge thank you to our award sponsors for their support.

Photos by Minal Mody

Report Of The Honorary Secretary

The AGM

Recent years have been an incredibly challenging time for the profession, both nationally and locally. Notwithstanding, I am proud of the support offered by our Society to the local profession and particularly the hard work put in by our President, Manesha Ruparel and our Administrator, Julia Saunders.

Covid gave us the opportunity to reflect on what our Society can do to support the local profession and to review openly and honestly the challenges which we face and how these can be overcome. Lots of innovative ideas have been shared as to how we share effectively the advantages of joining a local Law Society with our professional colleagues and how to increase membership.

Derby and District Law Society is strengthened by a diverse and dedicated Committee and a an experienced, dedicated and focussed Administrator. Meetings are well attended and the Society has excellent links with the University of Derby. Our Derby Young Lawyer’s Group has been launched into a new lease of life and are generating much support. We have a committed and enthusiastic Council representative in Shama Gupta and the Society’s Bulletin is informative, full and well produced by our Administrator.

As Honorary Secretary, I look forward to organising (well, I say organising, but Julia does most of the work; I just choose the puddings!) the biennial Former President’s

Dinner this October and I very much enjoyed the Annual Dinner last month which was well attended.

I have nothing of substance to report qua Secretary other than to mention with sadness the passing within the last year of Martin Astle, Jeremy Copestake and Ian Robertson, all of whom we remember sadly and who will be missed.

In closing, I should like to thank our highly capable and committed Administrator, Julia Saunders, for all her hard work over the past year.

Fiona M K Apthorpe Honorary Secretary Derby and District Law Society 25.04.2023

Treasurers Report for AGM

Last year I raised my concerns that since 2017 our Society cash reserves had been falling consistently year on year. In 2017, we had reserves totalling in excess of £37,000 whereas now we are at £25,939 (as at 31.12.2022).

Whilst our accounts for the year ending 31.12.2022 show a loss made at the Annual Dinner (this is not wholly unusual) that does not relate to this year’s Annual Dinner which I am pleased to say made a small profit. As is always the case, the Annual Dinner and our accounting period are ‘out of sync’ and whilst consideration has been given to moving our accounting period to reflect the ‘presidential period’, it was agreed by the Committee that such a move would make it more difficult to have the accounts approved in time for the AGM.

A specific area of concern is our falling membership, which in part can be seen from the fall in sales from £11,473 in 2021 to £9,109 in 2022. Whilst this is a concerning fall, we now have the most active Derby Junior Lawyers society than I can remember, and so I hope that their efforts will help us to increase our membership as those DJL members become more active in our Society also.

As a Society, we must find alternative ways

to increase our revenue streams and it is pleasing that those plans are now being brought to the fore in a new proposed way in which member firms join and pay for membership of our society. The aim behind this change is to increase the number of members without significantly increasing the cost that firms have to pay on behalf of those wishing to join. Increased membership will not only increase membership income, it will also enable us to increase revenue from sponsorship and advertising.

I often feel like the bearer of bad news when reporting back to the committee and our members on the state of our finances, and whilst falling revenues and membership is concerning, there can be no doubt that there are plans being made to address the financial issues facing our Society whilst also improving our Society as a whole. Those plans, along our thriving Derby Junior Lawyers Society, gives us a much more positive outlook.

Ben Lawson Treasurer

EM SPG Report for D&DLS AGM

– 10 May 2023

After a successful members event in November 2022, there were only a couple of SP’s that showed an interest in meeting up in February. Admittedly, the weather was cold and wet and no doubt this had an impact, many of the core SP’s that attend regularly live outside of Derby, but given the numbers I took the decision to cancel it.

The next event is proposed for the end of May and I’m hopeful there will be more interest for an event then.

The SPG annual conference is to be held in Vienna this year, unfortunately it is whilst I’m on holiday in Portugal, so I won’t be able to attend. However, here is a link to the details and agenda and if there are any SP’s within the D&DLS membership (or you know of any SP’s) that are not currently part of the SPG EM group, please pass on the details or ask them to get in touch and I will be happy to supply further information.

Tina Attenborough Sole Practitioners Group

For

Derby Junior Law Society Report 2022-2023

Members: President: Alexander Needham

Vice-President: John Ellis

Deputy Vice- President: Laura Matthews

Committee Members: Amelia Sutcliffe, Monica Guram, Sophie Henwood, Alexandra Wood, Ed Granger, Rianna Gokani

This year has been a very successful one for the newly reformed Derby Junior Law Society. Starting out from square-one with a team of young professionals has certainly been a challenge, but one we’ve certainly tried out best to make a success.

The main aims of this year were:

• Re-establish a solid and interested membership.

• Re-establish and improve our relationship with the DDLS.

• Re-establish links with existing charities and organisations (including sponsors, the University, other Societies, and local firms).

• Try to make the DJL independent in its funding.

We have certainly been successful in gaining a membership, and one that is steadily continuing to grow. Prior to Christmas we were at approximately 80 members, and this figure has continued to grow. Through attending the University Careers Fair, we increased our membership from this, and will look to establish greater links with the University Law Society going forward to encourage them to join the DJL upon graduation.

We are also delighted at how our relationship with both the DDLS has progressed through the year. We are thoroughly grateful for all the backing and support; we are also delighted managed to become more financially independent from the DDLS, which is a very positive step forward for the DJL. We hope to be able to repay the DDLS through organising great events where we can connect with the DDLS membership, and look to improve our working relationship further.

The ability to become more financially independent from the DDLS has stemmed from our growing membership, and also through establishing links with sponsors and law firms who have kindly supported us financially through the year. Our aim going forward is to improve our relationship with the local firms and sponsors, in order to provide mutually beneficial events for both these organisations, and our membership.

Some of our upcoming events are testament to this; our Summer Soiree (02 June 2023, River Mill, Darley Abbey) is a prime example of how the Society has grown, and the kind of events we’d love to keep providing going forward. We are in a position to host the largest event in DJL’s recent history, and we couldn’t have even considered putting this on without the support of the our sponsors, and the DDLS. Of course, the invitation to the Summer Soiree is open to all DDLS members, so please, do come – it will certainly be an excellent evening!

Moving into the next year, we are targeting a further growth of our membership, and also to further our relationship with the Derby-

based law firms. Additionally, we are aiming to secure further funding through increased membership and sponsor support. We believe we have set a good foundation on which we can improve the Society, and ensure that this is an open, welcoming, and genuinely useful Society to be a part of, both for our members, and our sponsors.

We are extremely grateful for the DDLS’ support this year, and look forward to the what the future has in store.

We would also like to take this opportunity to thank some of our previous Committee members who have since stepped away from their roles – Cindy Dodd and Jessica Silvers . We are very grateful for their work, and wish them all the best going forward.

Should anyone have any questions about the Derby Junior Law Society, our upcoming events, or are interested in becoming a member, please contact derbyjuniorlawyers@outlook.com Alternatively, please contact our Vice-President John Ellis on John.Ellis@AandCo.co.uk , who will also be happy to assist.

Derby Junior Law Society

Law Society (TLS) Council Member Report

PC fee consultation: Help shape the priorities of your professional body. Take part in a 10-minute survey by 24th May to be entered into a draw for a £100 voucher.

Share your thoughts on our plans: practising certificate fee consultation - https://www. lawsociety.org.uk/membership/practising-feeconsultation

Climate Change: There are a growing number of considerations involving climate change that are impacting solicitors and law firms. The new comprehensive guidance provides support on issues including:

• how to competently provide advice on the physical and legal risks involved with climate change.

• the regulatory implications of providing false or misleading statements (‘greenwashing’) about your firm or the advice offered to clients.

• what to consider in the solicitor-client relationship, including when accepting client instruction.

Milestone climate change guidance for solicitors - https://www.lawsociety.org.uk/ contact-or-visit-us/press-office/pressreleases/milestone-climate-change-guidancefor-solicitors

Diversity & Inclusion: The new D&I framework encourages you to take a systematic approach and embed D&I in a way that has a lasting impact.

Diversity and inclusion framework - https:// www.lawsociety.org.uk/topics/diversity-andinclusion-framework/

Foreign transactions: For the first time, English and Welsh solicitors and law firms will be able to register to practise in India on a permanent basis, under new rules published by the Bar Council of India in March 2023.

Further reading - India opens up to English and Welsh solicitors and law firms - https:// www.lawsociety.org.uk/topics/international/ india-opens-up-to-foreign-solicitors-and-lawfirms?sc_camp=C7F0003414AA4230C61940 04E418ACD4

TLS is always open to feedback from you and I would like to hear from you about anything you may wish to share concerning your professional needs. Please contact me at https://www. lawsociety.org.uk/about-us/our-governance/ council-constituencies-and-currentmembers/shama-gupta.

Shama Gupta

Wills and Probate Paralegal, Legal Executive or Solicitor Required

Charles Newton & Co Solicitors are an expanding, well-established and respected family run practice with two offices, at Eastwood and Ilkeston.

We are currently seeking to recruit an experienced Wills and Probate Paralegal, Solicitor or Legal Executive to join our busy Wills and Probate department to work full time or part time with our friendly team.

As part of our growing Wills & Probate team you will work closely with and report directly to the Partner and head of the Wills & Probate department.

Skills and Responsibilities:

• Be able to handle a caseload of private client matters law including Wills,

• Probate, LPAs and Court of Protection applications.

• Be able to manage your own workload and be able to provide professional legal support to clients. Ensuring that all client work is progressed in a timely and efficient manner and that the client is

kept informed throughout to deliver exceptional customer service

• Ability to prioritise

• Have excellent client service/care skills

• Have excellent communication, organisational and IT skills

The role will involve:

• Running your own private client caseload

• Preparing Powers of Attorney and dealing with the Registration of the same

• Drafting wills and attending clients to sign Wills and related documentation

• Handling Probate and administration of estates

• Advising on matters relating to distribution of estates, and the relevant tax implications

• Applying for Grant of Probate

• Preparing documentation for HM Revenue and Customs

This is an outstanding opportunity for a hard-working Wills and Probate Executive to join a firm that will offer career progression, in a friendly and focussed working environment and an excellent remuneration package.

Please apply with full CV and covering letter to:

Charles Newton

info@charlesnewton.co.uk

Shama Gupta

Appointment of the Under Sheriff for the County of Derbyshire

The current Under Sheriff of Derbyshire Andrew Cochrane has indicated an intention to retire as Under Sheriff with effect from April 2024.

Applications are now invited for the appointment of Under Sheriff of Derbyshire to commence at that time. The long lead in period is designed to enable the successful applicant to shadow the current Under Sheriff.

Background

High Sheriffs hold the oldest secular office under the Crown. High Sheriffs are appointed and serve for a period of one year and their principal role now is to represent the Crown in matters of law and justice within the County. High Sheriffs are drawn from a wide pool of people throughout the County and are normally nominated for office several years in advance of them actually taking up the post. The role of the Under Sheriff is to support the High Sheriff in their duties however whilst technically appointed from year to year they tend to serve for a number of years bringing some continuity to the office.

Key duties

The High Sheriff plays an important part in the life of the County and as such the Under Sheriff provides assistance in the organisation and performance of certain of their duties.

Examples of specific matters which involve the Under Sheriff are as follows.

• Acting as secretary to the Nominations Committee for the role of High Sheriff.

• Organising and overseeing the installation of each High Sheriff usually in April of any year.

• Maintaining a database of key shrieval contacts.

• Organising and playing a leading role in the Annual Legal Service held at Derby Cathedral during October

• Liaising with the Judiciary.

• Organising and playing a leading role in the annual Court Awards ceremony.

• Organising the annual Shrievalty Dinner.

In addition to the above the Under Sheriff will receive and deal with certain routine items of correspondence and on occasion act as deputy to represent the High Sheriff at events where they are unable to attend themselves. The current Under Sheriff’s firm, Flint Bishop, also provides some limited support in terms of the High Sheriff’s website https:// derbyshirehighsheriff.co.uk/

Who might the role suit?

This role would be of interest to anybody who is willing to play an active part in the life of the County. It provides the opportunity for a unique insight into the county, its institutions

and its people. The role is interesting and varied and relatively unique given that there are only 55 Under Sheriffs in the Country. It provides opportunities for participation in some very special events in the life of Country and County for example both the High Sheriff and Under Sheriff played an important role in the proclamation of King Charles III within the County in September of last year. In addition to being willing to participate in the life of the county the individual concerned must be able to bring a presence to occasions in which they will often be required to perform a key role. The ability to organise and manage events is important.Whilst a knowledge of the legal and court system would be an advantage and the role of Under Sheriff is often held by a Solicitor it is not a requirement and applications are welcome from people of all backgrounds and careers . Please note the role is unpaid .

Applications

Application is by way of a CV which should be sent initially to office@derbyshirehighsheriff.co.uk to be received not later than 15th June 2023. Interviews are likely to take place during July

Persons who may be interested in the role are encouraged to have an initial discussion with the current Under Sheriff, Andrew Cochrane, who can be contacted by email andrew. cochrane@flintbishop.co.uk or by mobile telephone number on 07720 414598.

Diversity, Equality and Inclusion (DEI) sub-committee Annual Report 2023

Secretary: Manesha Ruparel (Alexander & Co Solicitors LLP)

Members: Sue Jennings (University of Derby), Joel Klaff (University of Derby), Natalie Haydon-Yeung (Geldards), Tina Attenborough (Attenborough Law Limited)

I am pleased to publish the first DDLS’ annual Diversity, Equality and Inclusion (DEI) subcommittee Annual Report.

Our committee at present is not diverse with the current president being the first president of colour since our society’s inception in 1886. Our aim is to build a positive, supportive, and inclusive culture where everyone is treated fairly, feel comfortable to be themselves and to get involved with our society.

We have met as a committee on a number of occasions to discuss a framework and we are currently in our infancy stage.

The purpose of the committee and the reasons for forming it are:

• To become a more inclusive and diverse society to reflect and represent members of the legal profession.

• There are a number of groups that are underrepresented in our current Law Society which we need to explore further to determine the reasons for the same.

• To share positive experiences to present role models for future generations of prospective legal professionals.

Issues that some of those that are unrepresented face are lack of integration; a sense of isolation, not being able to communicate issues as it may be perceived as taboo; and lack of role models to aspire to leading to a lacking in confidence to do the same.

Further exploration of the issues faced is necessary before we are able to set out a road map to work to solve the issues. A questionnaire has been prepared in collaboration with the University of Derby and data collection is soon to be underway to enable us to develop our objectives.

DEI was launched on 13 October 2022. The event was organised in collaboration with the University of Derby Student Law Society and panel members included, Hasnat Bashir (family barrister from St Ives Chambers), Vee Munro (barrister and former lecturer at Derby University) and Ashiedu Joel (cultural intelligence trainer) There is much to be done. Our aim for 20232024 is to develop a strategy setting out our objectives. This strategy will focus on progressing our DEI. Of course, ultimately it is our members who define our culture and drive our DEI agenda, so our members will play a key role in developing our next DEI strategy and help to make our society one that reflects the diverse community that we live in.

We have lost 3 members of our sub- committee due to retirement and members moving out of the area. If any members wish to be involved in this committee, please contact Manesha Ruparel by email MR@AandCo.co.uk

Manesha Ruparel Secretary

DDLS family law sub committee

ANNUAL REPORT FOR THE AGM

10th May 2023

Sub Committee Members

Fiona Apthorpe (Secretary)

Melanie Bridgen

Diana Copestake

David Guthrie

Liz Guyler

Natalie Haydon-Yeung

Nick Herbert

Ruth Jones

Ben Lawson

Fiona Lazenby

Kelly Mower

Manesha Ruparel

Julie Skill

Lucy Tissington

This is the 24rd Annual Report for the Derby & District Law Society Family Law Sub Committee which was set up in May 1998.

The Committee is Chaired by Fiona Apthorpe.

The Committee’s remit is to identify and monitor all recent developments in family law, to discuss such developments and agree on their implications both for the profession as a whole (e.g. consultation papers) and at a local level as appropriate and report both in writing and verbally to the Standing/Full Committee as appropriate on our findings and to the wider membership by the Bulletin. Also to develop and implement initiatives aimed at keeping members up to date with the implications of such changes, to consider the potential impact of such developments upon the general public and to identify opportunities for initiatives/activities aimed at the general public and to discuss, develop, plan and implement any opportunities for gaining positive and/or educational publicity for the Society generally.

There have been a number of developments in the family law field over the course of the last year, quite apart from ever present listing issues and the impact on access to justice for vulnerable members of society.

The Committee works hard to represent the interests of local family practitioners and to disseminate information to our members.

Membership

The Committee represents a wide cross section of family law practitioners and we have representatives specialising in all areas of family law, including childcare and family mediation/collaborative law.

There is a committed core of the Committee who attend regularly. The Committee continues to welcome new members and also particularly those from outside the city and from Chesterfield and Burton.

Meetings

The Committee aims to meet as and when necessary but a minimum of four times per year.

Local Courts

The Committee is represented on the Derby County Court Professional Court User Group and the Local Family Justice Board. These meetings provide a useful forum for discussions on a number of issues of importance to family practitioners and enable the Court to give helpful feedback and guidance on practical issues.

If members would like to raise any issues with these groups then they are obviously welcome to attend the meetings direct or alternatively they can contact Fiona as Secretary or a local member of the Committee who would be happy to raise issues on their behalf.

The Family Committee have an excellent working relationship with the local Courts and issues which we have raised from time to time have been swiftly addressed. The relationship has been facilitated by the local Judges and the Court Managers.

We regularly disseminate information from the Courts via our database (see below) to local members of the profession. The Committee also recently organised a meeting with our local District Judges to discuss issues of mutual interest. This has led to a dialogue over issues such as listing and the development of a local protocol for first hearings in financial remedy cases being dealt with on paper in certain circumstances.

The Committee has previously organised very successful meetings with the local judiciary and a further meeting is planned for this year.

Database

The Committee has a contact database of local family practitioners. This has enabled us to email to all members copies of the Committee minutes promptly and to quickly disseminate and circulate information received from third parties e.g. the Court/CAFCASS.

If any member of your firm’s family department would like to join the database, please ask them to contact Fiona Apthorpe at fiona. apthorpe@geldards.com .

Local Family Justice Board

Our former designated Family Judge, HHJ Judge Orrell, was requested by the President of the Family Division of the High Court to recruit

members to form a Local Family Justice Council to serve the users of the Derby care area, which covers Derby, Derbyshire and South East Staffordshire. The inaugural meeting of the LFJC took place on 20th December 2005. Fiona was initially asked to attend as a representative of the Derby & District Law Society and other family practitioners, including Committee members, regularly attend Council meetings. The intention was that the LFJC would be an inter disciplinary body whose essential functions would be to promote inter disciplinary working within the local family justice system, to participate in the mutual exchange of information with the National Family Justice Council, to work to secure improvement in the local family justice system and to promote inter disciplinary development. Meetings were attended by representatives of the Bench, Local Authorities, Solicitors, Counsel, the University of Derby, the Police, the Legal Services Commission, Action for Children, CAFCASS and the Adoption Services.

In due course the Local Family Justice Council evolved into the Local Family Justice Board which was set up to bring together the functions previously carried out by Local Performance Improvement Groups and Local Family Justice Councils. The Board is very active locally in organising meetings, agendas and informative presentations by and for the local profession.

If anyone has any issues which they would like raising on the LFJB they should contact a member of the Committee.

CAFCASS

The Committee have facilitated an open exchange of news and dialogue with CAFCASS enabling members of the profession locally to be kept up to date with developments and initiatives. Representatives from Derby CAFCASS have attended Committee meetings in the past and if members have any issues which they would want raising with CAFCASS they should contact Fiona or a member of the Committee.

Issues Raised

Over the course of the last year the Committee has dealt with a number of issues and proactively put forward the concerns of its members to various authorities, particular issues this year being listing and court delays generally.

There have been a number of other issues which have proactively raised during the course of the year including listing problems at the Family Court, remote hearings, McKenzie Friends, the new rules on protections for victims of abuse and the impact of legal aid cutbacks.

Education and Training

In the current economic climate many firms are cutting back on training which obviously makes it all the more important to organise local courses of interest to family practitioners where these can be provided by the Society either free or at a modest charge.

The Committee have been active in suggesting and facilitating local courses of interest to family practitioners which have been well attended and if members have any suggestions for courses they should contact a member of the Committee or our new Administrator Julia Saunders so this can be actioned.

Conclusion

The Family Committee have continued to proactively represent members over the last 12 months.

All issues raised by any member are included on our agenda and discussed at regular Committee meetings. These are followed up by formal reports to Full Committee which reports are now copied direct to all members via our database. Summaries or copies of the full minutes also appear in the Bulletin. We are happy to make representations on behalf of the profession on issues of interest to family practitioners and if anybody has anything that they would wish to raise or indeed if they would like to join the Committee then they should contact either Fiona or another Committee member.

The remaining meetings as scheduled for 2023 are:

All meetings are currently being held remotely by Teams, otherwise held at Geldards’ Derby Office, at 4.00pm.

TBC

Fiona M. K. Apthorpe (Secretary) 25.04.2023

Cyber-crime is a serious and growing threat to businesses of all sizes, especially small and medium-sized enterprises (SMEs). According to the latest statistics from the UK government, 39% of UK businesses reported suffering a cyber-attack in 2022, and cyber-crime cost UK businesses an average of £4,700,000 last year alone. This article will provide an overview of the current cyber-crime landscape for UK SMEs and offer tips on how to protect your business from cyber threats.

One of the most common types of cyberattacks facing UK SMEs is phishing, which involves sending fraudulent emails or messages that appear to come from legitimate sources, such as banks, suppliers, customers, or even falsely representing one of your own team. The aim of phishing is to trick recipients into clicking on malicious links or attachments, or to provide personal or financial information. Phishing accounted for 83% of the cyber-attacks identified by UK businesses last year, and affected half of the users who suffered a data breach in 2021.

Another type of cyber-attack that has become more prevalent in recent years is ransomware, which involves encrypting the victim’s data or systems and demanding a ransom for their release. Ransomware attacks can cause significant disruption and damage to businesses, as well as reputational harm

and legal liability. In 2022, around 236 million ransomware attacks occurred globally in the first half of the year, and 21% of UK businesses identified a ransomware attack among their cyber incidents. However, the criminals know that only half of UK businesses have a policy not to pay ransoms, which may encourage further attacks.

The cyber-crime landscape is constantly evolving and adapting to innovative technologies and opportunities. For example, the recent invasion of Ukraine by Russia has increased the cyber activity from Russianbased actors, targeting email addresses of European and US-based businesses with phishing attacks. Moreover, the COVID-19 pandemic has created new challenges and vulnerabilities for UK SMEs, as many have shifted to remote working and online services, exposing them to more cyber risks.

Therefore, it is essential for UK SMEs to take proactive measures to enhance their cyber security and resilience. Some steps that can help prevent or mitigate cyber-attacks include:

• Enabling 2-Factor Authentication. 2FA adds a layer of security and stops 99.9% of automated attacks, 96% of phishing attacks and 76% of targeted attacks, and in most cases is FREE to enable.

• Investing in adequate cyber security solutions and services, such as antivirus software, advanced threat protection, firewalls, backup systems, encryption tools, and cloud services.

• Define cyber security roles and responsibilities by implementing a policy and business culture that sets clear rules and standards, and promotes awareness and best practices among employees and stakeholders.

• Report any cyber incidents or breaches to the relevant authorities, such as the National Cyber Security Centre (NCSC), the Information Commissioner’s Office (ICO), or the police. This can help receive support and guidance, as well as prevent further harm or legal consequences.

Cyber-crime should not be ignored or underestimated by SMEs. By staying informed and prepared, you can reduce your exposure, limit the impact from cyber threats and ensure your business continuity.

True MSP offer tailored IT Managed Services which focus on cybersecurity and business continuity; so, when your business becomes a target, your systems and data are in safe hands and are protected by innovative cybersecurity solutions.

Following the success of last month’s offer, True MSP are extending our complimentary Cybersecurity audit for another month Many local businesses who benefitted from our FREE security audit last month have now increased their cybersecurity protection and will have peace of mind that they’re doing more to keep the threats at bay.

This offer is open to the first 10 Law firms who contact us and mention this D&DLS article. More details can be found on page (Please insert page number).

Our mission is to ensure our clients don’t have to worry about cyber-crime.

www.truemsp.co.uk

01332 948600

hello@truemsp.co.uk

Neil Shaw and Tim Rookes, Directors of True MSP

Ten year benchmarking research charts 43% rise in legacy giving

MONDAY 3 APRIL 2023: Legacy giving has risen by 43% over the past decade according to new research out today. 20% of UK charity supporters aged 40+ now say they have left a charitable gift in their Will compared with 14% in 2013. The research charts a steady rise in the proportion of people choosing to give from their Will over time.

Legal advisers play a critical role in making clients aware of the option of including a gift in their Will, with more than half of the giving public (54%) saying they have used or would use a solicitor or professional Will-writer to set out their final wishes.

The Remember A Charity consumer benchmarking research*, carried out by independent research firm OKO, surveys more than 2,000 charity donors aged 40+ to track legacy giving attitudes and behaviour year-on-year. The 2022 research released today found that:

• One in five supporters said they had included a charity in their Will (20%)

• Just over one in 10 said they are preparing to do so (11%)

• Fewer than one in 10 reject the concept altogether (9%).

• Shape

The tracking research, which follows Prochaska’s Stages of Change model, shows forward movement over the years from donors’ rejection and lack of awareness through to awareness, contemplation, preparation and action (leaving a gift).**

Lucinda Frostick, Director at Remember A Charity, the consortium of 200 UK charities working to promote charitable gifts in Wills, says: “This continued growth in appetite for legacy giving is hugely encouraging, reflecting greater understanding of the option to pass on gifts to good causes alongside loved ones in a Will. It may take years –in some cases decades – for donations to filter through, but that income will be crucial in funding charitable services for generations to come.”

Just under two thirds of people surveyed (63%) had already written

a Will, with three in 10 of those having included a charitable donation (29%). Despite the economic climate, the large majority of all respondents (80%) said they were just as likely to leave a charitable gift as 12 months earlier, with twice as many people (14%) saying they were more likely to give than those saying they were less likely (6%). More than four in ten people are aware of the inheritance tax advantages of leaving charitable gifts in Wills.

The age at which people first wrote a Will is unchanged; just over half write their first Will when under the age of 50, with the average age of first Will-writing being 50. Those more likely to have written a will are older and more financially affluent. Those with less assets, no children or grandchildren, or from ethnic minorities are less likely to have written a Will. The research reports that death of a loved one is a key trigger - particularly for those making their first Will when younger. Birth, marriage or house purchases are also strong triggers for younger Will-makers, while retirement is a major driver for older generations.

Remember A Charity runs a free Campaign Supporter scheme for solicitors and Will-writers, providing promotional resources and useful guidance for referencing legacy giving with clients. Find out more at www.rememberacharity.org.uk/about-us/for-solicitors-will-writers

*OKO, Legacy Giving Consumer Benchmark Research

Commissioned by Remember A Charity, the consumer benchmark research explores the public’s attitudes to legacy giving, with regular surveys carried out since 2009. The latest survey was carried out by OKO in December 2022; an online survey of 2,003 charity supporters across the UK, aged 40+. The research has been carried out by OKO since 2021, and nfpSynergy before that.

**Stages of Change

The Stages of Change model features six levels: rejection of leaving a gift in their Will; pre-contemplation unaware – those who have never thought about it and are not sure if they would consider it, precontemplation aware – those who have thought about it and given it low consideration; contemplation - those who know about it and would consider leaving a gift; preparation – those who intend to give; and action - those who have already left a gift in their Will.

Let’s talk about anxiety in the legal profession

Anxiety is the theme for this year’s Mental Health Awareness Week (MHAW). It is a chance for the legal community to talk about the common experience of anxiety so that we can all recognise the signs and know where to turn to for support.

Working in the legal sector can be stressful and demanding, and it’s not uncommon for legal professionals to experience anxiety as a result. Anxiety describes feelings of unease, worry and fear. It incorporates both the emotions and the physical sensations you might experience when you are worried or nervous about something. Anxiety is related to the ‘fight or flight’ response – our normal biological reaction to feeling threatened.

Everyone knows what it’s like to feel anxious from time to time. It’s a normal human response to feel tense, nervous and perhaps fearful at the thought of a stressful event or decision you’re facing – especially if it could have a big impact on your life. You might even find it hard to sleep, eat or concentrate. Then usually, after a short while or when the situation has passed, the feelings of worry stop. It’s sometimes hard to know when it’s becoming a problem for you –

but if your feelings of anxiety are very strong, or last for a long time, it can be overwhelming. You might find that you’re worrying all the time. You may regularly experience unpleasant physical and psychological effects of anxiety, and maybe panic attacks.

Recognising the signs of anxiety

• Panic, fear, and uneasiness

• Sleep problems

• Not being able to stay calm and still.

• Cold, sweaty, numb or tingling hands or feet

• Shortness of breath

• Heart palpitations

• Dry mouth

• Nausea

• Tense muscles

• Dizziness

• Overeating

Tips for managing anxiety

• Focus on the here and now - what is actually happening in this moment. Is there another perspective?

• Talk to people about your feelings – ask them for feedback.

• Keep a list or folder of your achievements and look at it when you need to.

• Talk to yourself as you would a friend.

• Distract yourself from your thoughts – read a book, take some exercise, see a friend, do something you enjoy.

Finding support

If you are worried about your anxiety, or if it is persistent, it is important to see your GP. Many people find counselling and CBT (cognitive behaviour therapy) helps with anxiety. Mindfulness can also help calm the mind - check out the Headspace website or app for more information.

For more information and emotional support call LawCare‘s confidential helpline on 0800 279 6888 or visit www.lawcare.org.uk.

During MHAW, on Thursday 18 May starting at 12.30pm, LawCare is hosting a free webinar about anxiety. During this hour-long event you will hear from a panel of legal professionals, who will share their personal experiences of living with anxiety and their strategies for managing it. Book your free place:  https://www. eventbrite.co.uk/e/lets-talk-about-anxietytickets-619743338007

Parentage via sperm donation and the matter of “consent”

multiple offspring, both consensual 4 and adversarial. 5 In the latter instance there have been multiple cases of doctor-donor conceived children in the US, with fertility fraud being documented on websites such as donordeceived.org and even Netflix. 6

The donation of sperm or eggs is a very laudable social service and demand in the UK is increasing 1, albeit, sperm is in short supply for artificial insemination (AI). The service can be carried out by one of the many reputable licenced clinics recommended by the HFEA which regulates their activities and gives a great deal of clarity about consent and responsibilities towards children created from the donor sperm. 2

There are, however, shocking and indeed harrowing stories about sperm donors who have fathered multiple children and we would like to explore some of the issues. The cause of disquiet is the very real possibility of inbreeding (a genetic abnormality arising from inadvertent half sibling reproduction as the result of a common father – the genetic term is consanguinity), incest and psycho-social/emotional issues in donor children. Consent, if it has been given, is often far from informed.

A recent case involves a musician in the Netherlands who has been accused of fathering more than 550 children from his “donations” which were offered via social media and to a significant number of clinics, of which 11 were in the Netherlands. The court in The Hague has recently found against him in a case brought by one of the mothers and the charity DonorKind.eu, on the basis that he lied to the clinic/mothers about his history and activities; had they known, they would not have chosen him as a donor. This judgement of preliminary relief will deter him from making further donations. 3 These mothers are now faced with an extraordinary extended network of half-siblings.

There have been many other circumstances of sperm donors fathering

Many people feel it is important to know their origins, as it gives them both identity and helps them make sense of their being. The UK took a giant step in this direction on 1st April 2005 when individuals became able to identify their sperm donor, upon reaching the age of 18 (from this year, 2023). This was a result of studies which acknowledged the need for individuals to know the identity of their biological parents and which followed up the International Convention on the Rights of the Child, adopted by the UN General assembly in 1990. This shift from anonymous to open identity sperm donors has been replicated in other countries, nearly always with limits placed on the number of times a particular donor sperm can be used. In the UK, this is 10. In the Netherlands, this is 25. 7  For the genuine sperm donor and child relationship open identity is seen as a very positive circumstance. Donors are on a registry that can be accessed by the child via the HFEA, if wanted, and many people find surety in knowing their biological as well as their social father. More difficulty arises in cases of fertility fraud, where a quest to find the biological parent has often resulted in the discovery of many half siblings. The psychological and social effects on the individual are rarely taken into proper consideration and indeed, as these situations evolve, are probably not yet fully understood. There is in fact no evidence for the choice of this number relating to how many times a donor can be used and the number chosen by each country is arbitrary. 8 The primary concern seems to be the possibility of genetic disorder, which though significant is in fact less than that of a first cousin mating (taboo in many countries but not the UK or indeed to Charles Darwin himself) but in our view, more concerning is the psychosocial impact of such a large number of siblings on the individual, which after all, is unprecedented in any human society.

DNA testing technology using broad brush ancestry services (Direct to Consumer)

has enabled half siblings to discover not only anonymous biological fathers, but possible other half-siblings – the use of a precision DNA test to determine the true family relationship (always recommended) enables this to be confirmed with a reliable statistical probability. 9 Data indicates that from use of these tests, the discovery of non-parent expected (NPE) events (that one or more parent is not biological) ranges from 4-12 %. Whilst there are of course other explanations, one of these is that social parents have not discussed with the child the circumstances of their conception. The evidence suggests 10 that donor conceived children often have difficulty (often seeking help) coming to terms with; a) the nature of their conception, b) the efforts to find a biological parent and c) their reaction upon hearing about it. This is particularly acute if they discover that the father has sired many children.

Regarding consent, then the DNA testing technology that is now available for tracing biological relatives was not available when many of the donor conceived children were actually conceived. As we know it now, informed consent would have been impossible at that time and many of the issues since raised are very new to science, society and law. Genetic technology is changing fast and information is coming to light so quickly, that it is impossible to give informed consent in the present (informed consent has only even been relevant in the precise time window it is given, and can only be based on the state of knowledge at that precise time). By sequencing individual human genomes, we can reveal information relating to genetic disease that was unknown; sometimes these are late onset disorders and/or could not be known or predicted at the time of conception. Other times, we (or more specifically the direct to consumer client) will have the genetic information and either not know or be in a position to know how it relates to disease or the prediction of characteristics. The fact is of course, that we are all genetically pre-disposed to something, as much as we can be genetically protected from the very same things.

Donor conception is a delight to many – but the emergence of fertility fraud has raised several important questions, for which

Dr Neil Sullivan

there are simply not enough informed counsellors. Maybe, given the vast data sources, artificial intelligence (AI), has a role to play in AI after all.

About the author : Dr Neil Sullivan , BSc, MBA (DIC), LLM,

Notes

PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).

Complement Genomics Ltd (trading as Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts

1 https://www.hfea.gov.uk/about-us/publications/research-and-data/ trends-in-egg-sperm-and-embryo-donation-2020/

2 https://www.hfea.gov.uk/choose-a-clinic/consent-to-treatmentand-storage/

3 https://nltimes.nl/2023/04/28/court-orders-sperm-donor-550kids-stop

4 https://www.theguardian.com/science/2018/nov/24/sperm-donorman-who-fathered-200-children

5 https://www.nbcbayarea.com/investigations/doctor-sperm-donorcases-fertility/3148093/

6 https://www.netflix.com/gb/title/81227735; https://donordeceived. org/

7 https://doi.org/10.1016/j.fertnstert.2007.06.020

8 doi:10.1093/humrep/deq038

9 https://dadchecksilver.com/sibling-tests/

10 https://bioethics.hms.harvard.edu/journal/donor-technology

in England and Wales under section 20 of the Family Law Reform Act 1969.

Please see: https://dadcheckgold.com

Tel: 0191 543 6334

e-mail: sales@dadcheckgold.com

Border Wars

I have banged on for ages about the stupidity of going to law over border disputes. And I’m not talking about Russia invading Ukraine, or China’s campaign to take over Taiwan. No, much closer to home, I have in mind the passions which can be aroused when next-door neighbours argue over where exactly the border falls between their two properties.

When passions flare up, all sorts of problems arise. One is that the border between adjacent houses on an estate is rarely defined accurately. Ground workers take a cavalier approach, and it’s no good relying on “the area bordered in red” on the Land Registry plans, since that line when scaled up may be a metre or more wide in real life. If a border is not defined accurately, a houseowner may have difficulty selling their house because they cannot say exactly what land is for sale. And passions continue to run because protagonists can never get away from the “enemy” next door. But going to law can be terrifying expensive.

Let us look at some examples from my mediations.

The first concerned a row of detached houses, “little boxes on the hillside made of ticky tacky”. There was Mr Left’s house and a drive, then Mr Right’s service strip and house with a drive to its right, and so on up the hill.

Mr Left wanted to construct a garage over his drive with a bedroom over, but there was doubt about where exactly the border lay between his drive and the service strip. Mr Left asked Mr Right if he could construct his extension up to the edge of the service strip rather than the mid-point of the low dividing wall. Mr Right adamantly refused; but when he was on holiday, Mr Left built the shell of the extension nevertheless.

During the mediation, I knew we were in trouble when Mr Right produced a photograph of the two houses, showing where he believed the boundary lay. Interestingly, there was a bedsheet draped out of the bedroom window, painted with a Union Jack and “Welcome Home, Gary”. To be friendly, I asked “Who’s Gary?” to be told that he was his only son, now dead, a soldier killed in the first Gulf War, and Mr Left had encroached on the “sacred” land where he had played with Gary as a child.

After fierce negotiations, Mr Left agreed to pull down the extension and rebuild it two inches narrower. That would have been a good result, except that Mr Right said that he must have been Right (!) all along, so he wanted his costs. Mr Left had no money. The mediation failed, and no doubt the dispute rumbled on, with huge legal costs and destroyed relationships; but we got so close.

The second example concerned a pair of bungalows on a smart estate. In the first was a chap who had bought his bungalow when new, and the second had been occupied by an old lady now deceased. The chap used to help the old lady with light gardening, but when she died he encroached onto her drive by laying paviours about 6 inches onto her drive. Then the second bungalow was bought by two young ladies, who objected and wanted the full width of their drive to be restored.

Two themes developed. The first was that one of the young ladies was a taxi driver, and she generally finished her shift at 10.00pm, putting her taxi up the drive and closing the gate, which happened to be fixed to the front

corner of the first chap’s bungalow. The effect was that the chap heard a loud bang through his wall, every night just as News at Ten was starting. He was not pleased.

But worse, it emerged that the two young ladies were gay, and the chap wasn’t going to have people like that on his estate. So he had gone round all the neighbours to persuade them to make the ladies unwelcome, but all the neighbours said they were a delightful couple, and were welcome on their estate. This did the chap’s temper no good at all!

When mediating I couldn’t change the chap’s attitude to gay people, so I concentrated on the gate. Late at night I ended up on all fours, designing a gate with an acoustic break, using the torch on my iPhone. The dispute settled, but it could have been very nasty.

With the third and final example there were similarities, but the major issue was legal costs. Here, the adjacent houses shared a drive, but each wanted to define their half of it. One side had done so by laying paviours (again!) which allegedly encroached on the other’s drive. Both sides had so far spent over £10,000 on solicitors and on experts’ reports, none of which came to any firm conclusions. And each side independently had an estimate of further costs to trial, if the mediation failed, of £50,000 – each! If the matter had proceeded to a full hearing, the losing side would have faced a costs order of £100,000 or so, meaning that they would likely have had to sell their house to pay those costs. How stupid is that?

Chris Makin

The mediation settled, as it had to. The outcome is less important than that mediation allowed the parties to get off the merry-go-round and their homes were no longer at risk.

Sir Alan Ward is a mediator, latterly chairman of the Civil Mediation Council, and for many years before a Court of Appeal judge. I have mediated with him in his very first mediation, and he was excellent. But on the bench he saw too many of these Border Wars, and we would all be wise to have regard to what he said about border disputes:

“This is another of that hideous form of litigation called the boundary dispute, a form of litigation which is best not pursued. Just how much is this stupid piece of land worth? What you are arguing over is a few rhododendron bushes. If you live in St Georges Hill, you’ve got money to throw away, presumably. But why throw it away like this? You’re all potty. Disputes of this kind are a most hateful form of litigation; go away and sort it out.”

That says it all!

Biog : Chris Makin has practised as a forensic accountant and

expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he has served 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 a mediator accredited by the Chartered Arbitrators.

He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333 . He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:

www.chrismakin.co.uk

chris@chrismakin.co.uk

Expert Witness Institute online conference 2023

Impartial, independent expertise for justice: enhancing expert credibility.

Friday 12th May 2023

THE JUSTICE SYSTEM DEPENDS ON EXPERT EVIDENCE

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

EWI held an excellent online conference which was very much the same formula as in previous years…. and it works! Barrister, Saba Naqshbandi , chaired the conference throughout and we found that the highlights this year came from the four leading judges who spoke: Lady Justice Ingrid Simler; Lady Justice Geraldine Andrews, Mrs Justice Maura McGowan and HHJ Francis Sheridan (robed!)

Lady Justice Simler: The Keynote Speech

Lady Justice Simler , in a recorded speech from the Court of Appeal, gave an absorbing keynote speech discussing what makes an excellent Expert Witness and how experts can increase their credibility in the eyes of the court. “There is strong public interest in the work performed by experts”, she said. “The justice system depends on expert evidence being the highest quality it can be”.

Simler observed that “there are difficulties securing experts across the country in a wide range of specialisms” , with “remuneration and rates of pay” being an important factor. “But”, she said, “another is fear of criticism from the courts, from counsel during cross examination, and criticism from those that they assess”. Valid observations which we know would be felt by experts listening to her speech.

The EWI chair, Sir Martin Spencer , has mentioned the new Certified Expert Membership level for the Institute in his welcome to the conference. He explained that “certification offers Instructing Parties a unique method for identifying experts whose knowledge, skills and practice has been validated by a Professional Body” . He concluded that the new certification offers assurance that the instruction of a Certified Expert provides Instructing Parties “with an expert who understands their role and can ultimately deliver”. Very true and we thought both Martin’s welcome and Dame Ingrid’s speech gave us all an increase in confidence, and a greater awareness of the professions from which experts are drawn. Plus, Ingrid’s concluding plea that “in turn, I hope it will attract more women and those from different and diverse backgrounds”, and we all hope that is the case.

The next session on “ethical dilemmas in expert evidence” was chaired by James Hines KC with superb commentary from Lady Justice Andrews, Christopher Coltart KC, Mrs Justice McGowan and HHJ Francis Sheridan. The judicial expertise on display here covered work from the Commercial Bar/QBD PI cases by Geraldine Andrews who stressed the point that “the adversarial system depends on the independence of experts” . Then to the world of crime, and Judge Francis Sheridan fully robed in his Aylesbury court which was dramatic. Francis taught me at Bar School - he hasn’t changed a bit with his excellent advice and observations so do catch up on all the speeches from the EWI website!

“You Can Always Spot a Hired Gun”

An old friend of EWI, Mrs Justice Maura McGowan , also gave us some detailed advice on “good” and “bad” experts- those experts who are not experts, making things up as they go along, so beware. And she mentioned some new books – “primers” from the Royal Society which she displayed on screen so do check out their website for details for your own practice.

There is always so much going on at the EWI Conference that we can only offer a snapshot of proceedings but do follow up the recordings on the EWI website for any particular session of interest. We were most fortunate with the lead sponsorship from DAC Consulting Services , who offer forensic engineering and expert witness services, plus the expertise of the other sponsors: Bond Solon and Jane James & Associates - our thanks to them for their support.

It feels like the online conferences are now here to stay. They do work. We were very fortunate this year to have such a high powered judicial and legal line-up which allowed for contributions from those in busy practices. Although some miss direct face-to-face contact, virtual sessions are here to stay as a consequence of covid. Thank you to everybody who participated as we realise that our system of justice depends on expert evidence.

Groundsure to offer conveyancers climate risk training

in conjunction with Legal Eye

up with the changing regulatory landscape and that all staff are well-informed and understand their day-to-day responsibilities in terms of the conduct of matters.”

Groundsure is entering into a training partnership to deliver certification content with compliance services and risk management provider Legal Eye.

Groundsure, an environmental and climate data authority, will provide training and education for legal teams on climate risks and the duties they owe their clients via a module hosted on Legal Eye’s Training Academy platform.

The online tutorial explains the latest guidance from the Law Society and will walk legal practitioners through the importance of incorporating climate analysis within their overall environmental search reporting. It will also identify existing data and drafting tools that can assist with a consistent approach to client communication. This will help teams explain any risk effectively to both the client and — if valid — the lender.

Once the module, Climate Risks in Conveyancing, is complete, lawyers will be tested on the content. If they pass, they will receive a certificate of competence which can be held on their training record.

David Kempster, Groundsure’s marketing director, said: “With property transactions representing a high compliance risk area already and with the value of assets at stake in the future, climate risks are areas that will

become of increasing fiduciary concern to partners, COFAs and COLPs. Now that the Law Society has released its guidance on climate risks, there is more of a focus than ever on how firms are communicating risks to their clients.

“That’s why we’ve developed this training programme: it reflects the Law Society’s call for better support and education on climate risk for lawyers — both from their original Climate Resolution and also now in the Guidance. The module, which can be delivered as and when teams need it, will walk legal practitioners through the need to incorporate climate analysis into their overall environmental search reporting as well as how to use the tools available, such as climate clauses, so they can be consistent in their approach to client communication.”

Paul Saunders, managing director of Legal Eye, said, “To give their clients compliant information that can be relied on consistently, firms need both the right data and the right approach to using it. They can’t go beyond this in terms of advice on climate issues, but they can ensure that their conveyancing team is de-risked and alive to the need to incorporate commentary on any risks. The new Groundsure module on our Training Academy platform provides an effective, high-level way to provide accessible certification on climate risks in the property transaction and how to mitigate them. It reflects the importance of keeping

About Groundsure: Groundsure is the leading UK environmental and climate data authority. It gives land and property professionals expert information on risks including land contamination, flooding and ground stability, as well as forecast guidance on potential climate risks.

About Legal Eye: Legal Eye works with law firms, providers of legal services and other corporate industries to ensure compliance and optimise performance. Their experienced team of former solicitors and directors in law firms, regulatory assessors and Heads of Risk, ensures that the range and breadth of expertise and skills is second to none in the risk and compliance professional services environment.

For further information: James Staunton, 07903207726, james@aircoverpr.co.uk

G7 bar leaders express support for the people of Ukraine and highlight the importance of an independent legal profession

G7 bar leaders express support for the people of Ukraine and highlight the importance of an independent legal profession

Law Society president Lubna Shuja joined her G7 counterparts to condemn the war in Ukraine and call on governments and regulators of our respective professions to protect the independence of the legal profession, safeguard lawyer-client confidentiality and access to justice.

the fundamental rights of their clients and people... and secure the continued operation of the criminal and civil justice systems in Ukraine under the present circumstances”.

In addition, the resolution highlights that “it is essential even during an armed conflict to preserve the independence of lawyers, the judiciary and bar associations, and to oppose any efforts to interfere with lawyers’ ethical provision of legal advice [and] legal representation”.

Resolution on lawyer-client confidentiality

We also signed a resolution with the G7 bar presidents reaffirming that “lawyers must be able to exercise their profession without interference, intimidation or harassment” and acknowledging the “essential role that lawyers exercise in helping build and defend accessible, efficient and fair justice systems”.

The joint statement makes the following recommendations for our respective governments and regulators to consider before the G7 summit in July:

Lubna Shuja, president of the Law Society with Laurent Martinet, vice president of the French National Bar; Motoji Kobayashi, president of the Japanese Federation of Bar Associations; and Panagiotis Perakis, president of the Council of Bars and Law Societies of Europe (CCBE). Other G7 bar leaders joined virtually.

Ahead of the G7 summit of heads of governments in Japan in July, Law Society president Lubna Shuja met with other G7 bar and law society leaders in Tokyo on 29 April to sign resolutions on the war in Ukraine and lawyer-client confidentiality, reiterating concerns raised during last year’s summit in Germany.

Egregious attack on the rule of law

Our joint resolution with the other G7 bars (including Japan, France, Germany, the US, Canada, Italy and the Council of Bars and Law Societies of Europe (CCBE)) condemns Russia’s invasion of Ukraine as “an egregious, unlawful attack undermining the rule of law in the region and internationally”.

Russia’s actions in Ukraine also represent a direct breach of the Charter of the United Nations, the Universal Declaration of Human Rights and other binding international agreements.

All acts constituting war crimes and crimes against humanity in Ukraine should be judged and prosecuted in accordance with accepted standards of international law.

Standing with the Ukrainian legal profession

The resolution expresses our aim to support members of the Ukrainian legal profession “in seeking to uphold the rule of law, defend

ensure appropriate measures are taken to protect lawyer-client confidentiality, attorney-client privilege, professional secrecy and the right to effective assistance of counsel from any national or transnational laws or practices that could undermine these rights consider consulting with the G7 bar associations if proposals, including those from the government, threaten to violate or impair lawyerclient confidentiality, attorney-client privilege, professional secrecy professional privilege or the right to effective legal counsel

These recommendations follow a series of recent cases in which lawyers practising in certain jurisdictions have been unable to advise and represent clients effectively, due to laws and other instruments that undermine lawyer-client confidentiality, attorney-client privilege and professional secrecy.

Find out more about our recent work to support lawyers around the world who are unable to practise their profession independently.

Learn more about lawyers at risk: https://www.lawsociety.org.uk/ campaigns/international-rule-of-law/whats-changing/lawyers-at-risk G7 bar associations:

Japan Federation of Bar Associations

American Bar Association

Bundesrechtsanwaltskammer

Canadian Bar Association

Conseil National des Barreaux

Consiglio Nazionale Forense

Council of Bars and Law Societies of Europe

Deutscher Anwaltverein

Law Society of England and Wales

Book Reviews

GOFF AND JONES ON UNJUST ENRICHMENT

Tenth edition

Edited by Charles Mitchell KC, Paul Mitchell, and Stephen Watterson

ISBN 978 0 41410 191 3

SWEET AND MAXWELL/ THOMSON REUTERS

The Common Law Library

www.sweetandmaxwell.co.uk

This book is frequently cited in courts throughout the Commonwealth, and it continues “to signpost future developments in the field of restitution”.

For practitioners, general features included here are an analysis and explanation of the theory, principles, and practical application of unjust enrichment. The intention of the writers is to show how the rules are applied by the courts through detailed discussion of caselaw.

The new edition is organised to meet the precepts established by the senior appeal courts. It examines in turn the following: when claims are barred because the Defendant’s enrichment is justified by a legal ground; when a Defendant is enriched; when the enrichment is acquired at a Claimant’s expense; when the enrichment is unjust, what defences may be available, and what remedies (nearly always very low) may be awarded by the courts.

What we get as practitioners and academics with this book is a combination of lucid explanations – the hallmark of the Sweet and Maxwell Common Law Library - together with the theoretical concepts and excellent practical advice about pleadings. The work remains heavily relied on by practitioners today and is frequently cited in court, written by a well-known and highly regarded team of subject experts which is the house-style of Sweet and Maxwell.

the identification and valuation of enrichment and explains how these apply to claims for different types of benefit. Also, they consider the requirement that a Defendant’s gain has been acquired at the Claimant’s expense. Thank you, Sweet and Maxwell, you make our lives so much easier with these publications.

The new hardback edition of “Goff and Jones” was published by Sweet and Maxwell for the Common Law Library on 16th December 2022.

MANN AND PROCTOR ON THE LAW OF MONEY

Eighth Edition

By Charles Proctor

ISBN 978 0 19880 492 5

OXFORD UNIVERSITY PRESS

www.oup.com

GROWING INTEREST IN THIS ELEMENT OF GREED WITH THE NEW TENTH EDITION OF “GOFF AND JONES”

What a book! “Goff and Jones on Unjust Enrichment”, now in its tenth edition, remains the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. We now have this latest offering from editors Charles Mitchell KC, Paul Mitchell, and Stephen Watterson.

The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment (sometimes known as restitution). They discuss how these rules have been applied through a detailed examination of major case-law authorities.

The new 10th edition is completely up-todate and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients. It looks at the recovery of benefits transferred on a condition that fails, the recovery of “ultra vires” (beyond the powers) payments by public bodies and discusses the limitation rules governing claims in unjust enrichment and interest awards on such claims.

The 10th edition deals with six key matters in relation to making a claim. For legal advisers it explains how a claim in unjust enrichment can be precluded where the Defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract.

The editors analyse the principles governing

FILTHY LUCRE REVISITED!

What a book for bankers! “Mann and Proctor on the Law of Money” has been with us for a long time, being first published in 1939, and now appearing as the eighth edition from Charles Proctor. We are most grateful to Oxford University Press for continuing to publish this work as it has a special standing in monetary law for both lawyers and economists.

The title remains the premier work on

Appreciations by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

monetary law obligations and monetary conduct now for the eighth edition in 2023. It’s the only comprehensive treatment of both public and private law of money from English, European, and international law perspectives, providing a single source dealing with all issues relating to monetary law. We believe it will be of interest to both experienced lawyers and those new to monetary policy for its fresh insights on money.

The book reviews current and controversial legal matters in detail. It includes a formidable analysis of the issues which arose from the shameful financial crisis, such as the legal aspects of quantitative easing which remains a hot topic of fiscal controversy- how we would all love to print as much money as possible to get ourselves out of debt (by increasing it). It is a carefully structured book examining all the main topic areas, permitting advisers to obtain direct access to sections which will be relevant to their interests and the problems of their clients.

Charles Proctor has included some useful information for the practitioner here with the eighth edition. He has updated the material to explain most recent developments in the law of money, such as the award of interest by way of damages following the decision in Sempra Metals as just one example of many detailed caselaw authorities.

Practitioners are also given an excellent analysis of the consequences of Brexit for monetary law which educates rather than pontificates on this generational change in the UK’s position within the global community. We found that there is a useful discussion of the impact of virtual currencies such as Bitcoin on the definition of ‘money’- currently a controversial area for many economists.

The book also considers ‘currency wars’, and a further analysis of legal restrictions against the manipulation of the international monetary system. It offers coverage of issues concerning central banking with significant updates on both the continuing role of the International Monetary Fund (IMF) and the European Central Bank (ECB) in relation to the Greek crisis. There is a most useful examination of the monetary law consequences of hyperinflation in Zimbabwe (formerly Rhodesia).

The new hardback eighth edition was published by Oxford University Press on 13th January 2023

THE ART AND CRAFT OF JUDGMENT WRITING

A Primer for Common Law Judges

By Max Barrett

ISBN 978 1 78742 857 7

GLOBE LAW AND BUSINESS

www.globelawandbusiness.com

the USA, UK and the wider common law world covering Australia, Canada, India, Ireland, Israel, and New Zealand. The book is written not from the perspective of what the Judge Barrett can teach but with the aim of “identifying essential elements of good judgment-writing in great judgments and insightful commentary”. And he does it brilliantly.

The author is Dr Max Barrett, who is a judge of the High Court of Ireland. The work contains individual chapters which focus on subjects such as judgment purpose, length, style, and structure, concurring and dissenting judgments, judgment-writing for children and vulnerable parties, as well as more general lessons in good writing offered by great authors from George Orwell (UK) to Mark Twain (USA).

Among the primers gleaned from great common law judges are these: a good judgment possesses an ability to rise above immediate facts and to see a problem in its wider perspective; a sense of empathy/ sympathy for those faring badly is always important, and that there is nothing wrong with language that is occasionally flowery and ornate. Although we are rightly advised that the best judgments are “crisp and persuasive”, and generally they are.

WE ALL KNOW WHICH JUDGES SHOULD READ THIS BOOK!

The title of this excellent book from Globe is “The Art and Craft of Judgment Writing”, with the subtitle “A Primer for Common Law Judges”- and it is just that! The author is a Irish judge called Max Barrett. All the usual judicial suspects are present in the book including my favourites, Lords Denning, and Reid. If you have ever wondered how judgments materialize, then this is the book for you.

As the author says, judges are increasingly aware that the best way of enhancing public confidence in court systems is not only by providing a quality service but doing so compassionately and respectfully. And the Lord Chief Justice has just reminded the judiciary of this approach!

For the twenty-first century, the art and craft of judgment-writing is a critical element of this process. This title from Globe Law reviews the judgments of historically great judgment-writers from across the world:

Celebrated authors such Twain suggest these tips: every element of a judgment should be necessary to that judgment and any unnecessary element excised; any person or event included in a judgment should be included for a reason, and that a judge should always use the right word for what she wants to state, ‘not its second cousin’.

Globe Law and Business notes that the book is “intended for novice superior court judges, their more seasoned colleagues and all with an interest in legal writing (including legal practitioners, law teachers and law students)”.

In the lower courts where cases start, the judiciary are required to write judgments which are not necessarily in the law reports but the judges should find the book of great value. And, as our colleagues agree, judges at all court levels should find the additional chapter on ex tempore judgments of help.

The new hardback edition was published by Globe Law and Business on 15th May 2022.

Finders International: Leading the world of Probate Genealogy

Q1. What does Finders International do and what services does it offer?

At Finders International, we are a probate genealogy company that specialises in tracing heirs to estates, properties, and assets worldwide. We offer a range of global research and support services, including locating missing legatees and beneficiaries all over the world, obtaining family documents, carrying out overseas bankruptcy searches, missing will searches and handling the difficult aspects of overseas assets such as multi-jurisdictional share portfolios, as well as carrying out all important family tree verification work for Statutory Will Applications. Our clients include solicitors, estate administration professionals, and financial institutions in the private sector, as well as local authorities, coroners, and hospitals in the public sector.

Q2. What are the biggest highlights of Finders International’s 26 years of existence?

of the Year at the Probate Research Awards for the past four years.

Q3. How has Finders International’s appearance on BBC 1’s Heir Hunters impacted business, and have you seen an increase in inquiries?

Our appearance on BBC 1’s Heir Hunters has raised the profile of probate genealogy among the public and helped them understand a previously unknown niche area of work. We receive numerous inquiries from people interested in delving into their family history, and some of the stories they share are of real historical interest. Additionally, we have had stories relating to beneficiaries in the press, demonstrating the continued interest that the public has in their family history and how it ties into the world of probate genealogy.

International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), we are dedicated to raising the standards of our industry and promoting best practices. Overall, our commitment to excellence, professionalism, and client satisfaction is what sets us apart from other probate genealogy companies.

Q5. What are your plans for the future of Finders International?

At Finders International, we are always looking for ways to improve our processes and better serve our clients and beneficiaries. Our plan for the future is to concentrate on improving our services by investing in new technologies and training for our staff.

Finders International was founded in 1997 by our MD, Danny Curran, in a small office in Southwest London. Since then, we have experienced tremendous growth, expanding to over 150 personnel across four offices in North London, Yorkshire, Edinburgh, Dublin, and Sydney. As an unregulated industry, we have always focused on raising the standards of our industry and have looked to self-regulate as much as possible. We are proud to be a founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), an international organization representing elite firms across the world. Additionally, we have been honoured to be featured on BBC 1’s Heir Hunters for five series and over 70 cases, as well as winning multiple awards, including Best Probate Research Firm

Q4. What sets Finders International apart from other probate genealogy companies?

At Finders International, we believe that our commitment to excellence and our dedication to our clients sets us apart from other probate genealogy companies. We understand that dealing with estate and asset matters can be a difficult and emotional process, which is why we approach every case with empathy, professionalism, and attention to detail. Our team of highly skilled researchers and support staff work tirelessly to locate missing beneficiaries, assets, and wills, ensuring that our clients receive the best possible service. We are also proud to offer a range of probono services, helping people reunite with lost family members or reclaim family heirlooms. Additionally, as a founding member of the

We also recognise the vital role we play in helping legal professionals through the difficulties that can occur during the administration of an estate. We want to continue building strong relationships with our clients and help align the two industries of probate genealogy and legal practice by working together to promote best practices, ethical standards, and transparency.

Overall, we are committed to remaining at the forefront of the probate genealogy industry, providing exceptional service to our clients and helping families around the world discover their past and secure their future.

If you would like further information on Finders International and the services they provide, visit their website www.findersinternational. co.uk, call 0800 085 8796 or email quotes@ findersinternational.co.uk.

Danny Curran