D&DLS Bulletin
Contents
Derby & District Law Society Nov / Dec 2024
16 - Tapas Thursday at Lorentes Darley Abbey
18 - High Sheriff of Derbyshire’s Legal Service and Lunch
19 - Council Member’s Report - September 2024
20 - Derby Dignitaries interview Q&A with Nadine Peatfield
22 - Remember a charity launches wealth adviser committee
24 - Preliminary (pre-report) experts’ meetings
24 - Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?
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13 -
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Editorial
Christmas lights are being switched on across the County and City and I know I have said it before but time definitely goes faster the older I get!
Important dates for the diary next Spring are the next Tapas Thursday, kindly sponsored by One Search, which is 30th January at Lorentes Darley Abbey. The ever popular quiz will be at Derby RFC on Wednesday 26th February and the Annual Awards Dinner is Friday 21st March at Pride Park. Tickets will be on sale early January and look out for the early bird rates.
With the Awards Dinner in mind I have circulated the nomination forms for the awards. Please consider nominating your colleagues and/ or yourself? The categories are Lawyer of the Year, Junior Lawyer, Lifetime Achievement, Commercial Lawyer and Apprentice/ SQE/ Trainee. Shortlists will be announced in early March with the winner being revealed at the Dinner. If you need the form just e-mail me.
Our Firm in Focus is Flint Bishop on page 9. We are very grateful to Flint Bishop for lending us their offices for our committee meetings and the AGM and to the Smith Partnership for lending us their offices to hold courses. Thank you.
We are always on the lookout for new committee members and thank you to everyone who came along to the meet the committee drinks on 20th November. We have a feature on pages 12 and 13 of this Bulletin which shows our fabulous and diverse existing committee, and their contact details are on page 4 if you want to get in touch and get involved.
I am pleased to see the report of VP Lucy Tissington on page 15 on the two fabulous and very well attended family courses this Autumn. By the time you read this we will also have had the pleasure of Peter Joyce KC “demystifying advocacy” for us. If you have any requests for
26 - Reputation or a life?
28 - Able Community Care
30 - Deputyship and Statutory Will Applications: How does a probate genealogy firm help?
courses or speakers that you would like me to approach, please just let me or the secretary of the relevant sub-committee know.
Over the last couple of the years the other administrators of local law societies have been holding online meetings and sharing advice/ contacts and ideas. The second lunch for the group took place in October in Birmingham and it was lovely to represent DDLS at the event and chat to others from as far away as Newcastle and Bournemouth about overcoming the challenges facing local law societies. Hearing tales from others reassures me that DDLS is doing rather well.
Have a fabulous Christmas and a happy and healthy New Year.
I hope to see you at an event soon.
Take care.
Julia Saunders admin@derbylaw.net 01283
Officers and Committee Members for 2024-25
Officers
President*
Tina Attenborough
Attenborough Law, Derby Tel: 01332 558508 tina@ attenboroughlaw.co.uk
Vice-President*
Lucy Tissington lucy.tissington@familylawgroup. co.uk
Immediate Past President*
Oliver Maxwell
Eversheds Sutherland 01332 378696 o.j.z.maxwell@gmail.com
Deputy Vice-President*
Rachel Maxwell Rachel.maxwell@smithpartnership. 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
Laura Matthews laura.matthews@geldards.com
Amelia Sutcliffe amelia.sutcliffe@ smithpartnership. co.uk
George Ottewell George.Ottewell@flintbishop.co.uk
Constituency Council Representative, Derbyshire (+) Shama Gupta shama.gupta@freeths.co.uk
(+) attend Committee by invitation
Other Committee Members
Julie Skill, Elliot Mather LLP Chesterfield Tel: 01246 231288; julie.skill@elliotmather.co.uk
Felicity Coats felicity.coats@elliotmather.co.uk
Diana Copestake Tel: 0845 2725674 dianaohalloran@aol.com
David Hardy Tel: 01332 842008 david.hardy1630@gmail.com
Martin Salt martins@simpsonjones.co.uk Tel: 01332 200200
Claire Twells claire.twells@smithpartnership. co.uk
Sue Jennings sue.jennings@geldards.com
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
Manesha Ruparel MR@AandCo.co.uk
John Ellis John.ellis@smithpartnership.co.uk
Solicitors’ Benevolent Assoc. area representative
Peter Lord 9 Larkhill, Swanwick DE55 1DD Tel: 01773 541753
Administrator / Bulletin Editor
Julia Saunders, admin@derbylaw.net
Sub-Committees (Secretary in italics)
Criminal Litigation
Andy Cash
Felicity Coats felicity.coats@elliotmather.co.uk
Andrew Oldroyd (01332 225225)
Education & Training
Sue Jennings, & all Sub-Committee Secretaries
Employment and Business Law Sue Jennings
Tina Attenborough tina@attenboroughlaw.co.uk
Equality, Diversity and Inclusion Manesha Ruparel mr@aandco.co.uk
Tina Attenborough tina@attenboroughlaw.co.uk
Sue Jennings sue.jennings@geldards.com
Family Law FionaApthorpe
David Guthrie dg@aflp.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
Manesha Ruparel MR@AandCo.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) Tina Attenborough tina@attenboroughlaw.co.uk
Pipings from the President
Welcome to the December edition of the DDLS bulletin. As I look out of my window at the snow today, I guess we are now in full swing for the season of big jumpers, long walks and open fires with a glass of something festive in hand!
By way of a summary the last few months have been a blur with lots of plate spinning! First off in early October we held the Bake-Off competition which was won by Will Matheson from Family Law Group who made the most spectacular truck cake, the only downside was not getting the opportunity to try them all before the CEO of our charity, SV2, Rachel Morris and Sponsor, Greg Gillespie from Legal Connect completed the judging. Any super well done to Will.
Shortly afterwards on 10th October, we held space for the Tapas Thursday Networking event at the Mills, which yet again was a resounding success! Following on from that in the same week I attended the High Sheriff’s lunch at the Museum of Making and being invited to take part in the procession there to the Cathedral. What a wonderful event it was. I have attended the service many times over the years, but taking part in the procession was very special.
I then had the honour of interviewing Nadine Peatfield as part of our profile building and improving connections with our Derby Dignitaries. Nadine is the new Leader of Derby City Council and offered some very interesting insights into the field of women in politics and the amazing work being carried out by the Derby City Council to improve our city. Please take a look at the interview on page 18.
Next up, was the hosting of the auspicious bi-annual gathering of our past presidents at Seven. Thank you to Julia for organising and to Seven for a delicious meal.
Since the end of October I have spent much of my time preparing for and delivering training on the new sexual harassment duties that came into force on 26th October last and when not doing that I have been finding my way through the maze that is the Adult Social Care system, for my ailing parents who are now suffering with dementia. I really had no idea how challenging and difficult that was going to be.
But on a much brighter note, I also got to attend my daughter, Laura Matthews’ Master’s Graduation Ceremony, which was an absolute pleasure and thoroughly enjoyable, and of course I cried again. Goodness knows how I’m going to cope with her passing out ceremony at the Law Society next year.
For now, though, I am really looking forward to attending the DDLS/ DJL joint Winter Party, extremely well organised by DJL, where we hope to raise lots of funds for our respective charities SV2 and YMCA Derbyshire. We will be joined by our respective charities and sponsors too, so I hope to see lots of new and familiar faces there on Friday 22nd November.
If you can, please also find time to attend the Derby Cathedral for the Derby Courts Annual Carol Service, it is to take place on Tuesday, 3rd December next from 5:30pm – 6:15pm, where some of your colleagues will be singing in the Safeguarding Choir and I will be doing reading.
By way of a reminder, please don’t forget to check out our diary of upcoming events, it would be great to see you and meet some new faces too.
Finally, I would like to wish you all a wonderful Christmas and Peaceful New Year, whatever your plans are!
Tina Attenborough President, 2024-25
Tina Attenborough
Past President’s Dinner – 24th October 2024
The Past President’s dinner has always been a bi-annual event, but such is its popularity that last year it was decided that it would take place every Autumn. Sixteen former Presidents of DDLS and the current President, Tina Attenborough, enjoyed a
fantastic meal and catch up at Seven on Pride Park Derby on 24th October.
It is always a very enjoyable evening with a chance to exchange news and gossip. Our resident Judith Chalmers, Di Copestake, retired this year so I will look forward to even more extensive photo spamming on Facebook as she travels the world!
Thank you to all those who attended and see you next year.
Legal Community Urged To Become Star Trust Advocates
“When I joined as a patron, I was keen that we look at ways to generate funds throughout the year so that charities can benefit from our support when and where they most need it.
“I knew from experience that the Derby business community would get behind such a worthwhile cause and it is wonderful that Fishers Solicitors, who are part of the Oberoi Business Hub community, have pledged their support in this way.
“My plea is that other local law firms come together as a collective to make a real positive difference in their local communities and I am happy to discuss this with anyone interested in this fantastic opportunity.”
Fishers Solicitors, which recently opened a new office at Oberoi Business Hub in Pride Park, has become the first local law firm to pledge support for a new fundraising initiative across Derby and Derbyshire, launched by leading East Midlands charity, Star Trust – The Charitable Entrepreneurs.
Derby entrepreneur Kavita Oberoi OBE who is a patron of the Star Trust and managing director of Oberoi Business Hub, launched a local monthly pledge scheme across Derby and Derbyshire earlier this year alongside the charity’s co-founder Steve Hampson
They invited the local business community to pledge a monthly amount from £50 upwards, which will be ring-fenced and then donated to SME charities across Derby and Derbyshire who apply for much-needed funding to improve the lives of people in their local communities.
Oberoi Business Hub are also gold patrons of DDLS and are appealing to the other local law firms to follow suit and support Star Trust with monthly pledges.
Fishers Solicitors’ co-director and head of Commercial Property, Ian Riley , explained: “When we learnt more about the Star Trust from Kavita, we recognised the value of supporting local charities across Derby and Derbyshire having just expanded our own reach on Pride Park.
“This is a very straight forward and highly effective way for businesses to ensure that the money they raise and donate supports those who most need it as Star Trust handle all the applications from charities and due diligence and more importantly it goes back to our local community.”
Fellow co-director Donna Ennis continued: “The Star Trust is a very well organised organisation which supports some incredibly worthwhile local charities. We hope that other law firms in the region follow suit and support this important initiative.”
Kavita Oberoi added: “Star Trust raises over £100,000 a year from their annual ball and motoring days which is then deployed within weeks to charities that have applied.
Star Trust co-founder Steve Hampson concluded: “Fishers Solicitors join a growing community of companies across the East Midlands who support the Star Trust - safe in the knowledge that their generosity is translated into real support for real people in the heart of our local communities.”
Since its launch 11 years ago, the Star Trust has supported 120 charities with a total of £886,000 and has directly touched the lives of more than 80,000 people in the East Midlands area.
For more information about how to support the Star Trust, please visit www. star-trust.org.uk or contact Kavita Oberoi to get involved in the Derbyshire initiative to make a difference to your local community kavita@oberoibusinesshub. co.uk
www.oberoibusinesshub.co.uk ; www.fisherslaw.co.uk
Fishers Solicitors co-director Ian Riley; Kavita Oberoi, Steve Hampson and Fishers Solicitors co-director Donna Ennis.
Firm in Focus: Flint Bishop
Flint Bishop is a highly acclaimed Top 200 UK law firm, ranking among the largest independent regional firms, with offices in Birmingham, Derby, and Leeds.
With an annual turnover of £20.7m (for the financial year ending 30 April 2024) and a total headcount exceeding 300, Flint Bishop has established a strong presence in both regional and national markets, representing prominent UK and international organisations, including government agencies, public sector bodies, and PLCs.
The firm offers a comprehensive range of commercial and private client legal services. Its expertise and reputation are demonstrated by numerous industry awards, ISO quality assurance certifications, Investors in People Gold standards, and toptier and leading firm rankings from esteemed legal directories such as Chambers and Partners and Legal 500.
Flint Bishop is led by Partner and CEO Qamer Ghafoor. Qamer began his career at Flint Bishop as a newly qualified solicitor in 2003. His drive, determination, and hands-on approach to both management and case handling quickly elevated him to Partner in 2005, Head of Commercial Litigation in 2008, Managing Partner of Commercial Services in 2015, and, ultimately, CEO in 2018.
Since his appointment as CEO, Qamer has successfully implemented strategies that have driven exceptional business performance, resulting in substantial growth in revenue and profits across all specialist
practice areas at Flint Bishop. His vision is to establish the firm as a scaled provider of legal services in the UK and to achieve Top 100 law firm status in the coming years, with potential for accelerated growth thereafter.
A significant milestone in the firm’s ambitious growth plans occurred on 11 April 2023, with the opening of Flint Bishop’s new state-ofthe-art headquarters on Pride Park in Derby. This £7 million acquisition and investment in Grade A modern, high-tech offices not
only provides additional facilities for clients and staff but also underscores the firm’s commitment to excellence, innovation, and advancement.
More recently, Flint Bishop made a notable move in the legal sector by acquiring the entire Volume Banking & Finance Recoveries division from the wider Banking & Finance team of Walker Morris LLP, welcoming 34 new staff to the business. This strategic acquisition marked Flint Bishop’s entry into the Leeds market and substantially enhanced the firm’s capabilities in broader litigation and recoveries work, while establishing a firm foundation to develop its full legal services offering across the UK.
For further information, news, and updates on Flint Bishop’s continued expansion, or to explore career opportunities, visit https:// flintbishop.co.uk/
Qamer Ghafoor
Expansion and success at Rothera Bray
Rothera Bray LLP has announced a series of significant developments that underscore its status as one of the leading law firms in the East Midlands. The firm is enhancing its market position through a merger with the well-established Massers, achieving a strategic conversion to Alternative Business Structure (ABS) status, and celebrating recognition for excellence in personal injury law.
Merger with Massers
The merger with Massers marks a key milestone in Rothera Bray’s ambitious growth plans, further expanding its team and service offerings. Under the name Rothera Bray LLP, the firm is projected to achieve a turnover of £20 million for the 2025-2026 financial year. All 30 employees from Massers have joined the Rothera Bray team, ensuring continuity and maintaining the high standards of client care that Massers is known for. The West Bridgford office of Massers will remain operational, while staff from its Nottingham location will relocate to Rothera Bray’s Nottingham office, centralising services and enhancing team collaboration.
Christina Yardley, CEO of Rothera Bray LLP, expressed enthusiasm about the merger: “This represents a fantastic opportunity for everyone to progress in their careers. By combining the best skills from both teams, we can continue to deliver the highest level of service to our clients.”
Brooke,
sentiment, highlighting the merger’s potential to expand service offerings for clients.
Key members of Massers have been appointed to leadership roles within Rothera Bray, contributing to the firm’s continued growth and service expansion. James Carley will oversee and expand litigation services in Leicester, while Tim Brooke joins forces with Michelle Young to enhance the firm’s conveyancing services across the counties. Richard Jackson will lead Rothera Bray’s private client team in Derby, and Russell
Thompson will head the Commercial Property team in Nottingham. Additionally, Wills and Probate Director Martin Witherspoon formerly of Sharp & Partners, returns to lead the Private Client team in West Bridgford.
Personal Injury Awards recognition
In addition to the merger, Rothera Bray’s Serious Injury team is celebrating an impressive achievement with eight nominations across six categories at the upcoming national Personal Injury Awards. This recognition solidifies the team’s reputation as one of the best in the UK, particularly for their work on behalf of clients suffering from catastrophic, life-changing injuries.
The team has been shortlisted in categories including Catastrophic Injury Team of the Year and Claimant Team of the Year. Key individual nominations include Greg Almond, Head of the Serious Injury Team, who has been recognised for both Catastrophic Injury Lawyer of the Year and Claimant Lawyer of the Year. The team’s commitment to client care has shone through in high-profile cases, including those involving the 2023 Nottingham attacks and failures of mental health services.
Julie Walker, a consultant in the Serious Injury Team, remarked on the achievement: “Being shortlisted in every serious injury category reflects our dedication to prioritising client well-being. We strive not only to secure compensation but also to provide crucial support for our clients.”
Tim
Director at Massers, echoed this
Conversion to ABS status
Rothera Bray has also successfully converted to an Alternative Business Structure (ABS)
following approval from the Solicitors Regulation Authority. This strategic transformation allows the firm to enhance its
service offering, foster growth, and diversify its leadership team.
As part of this transition, Rothera Bray has promoted five key leaders to director roles, including HR Director Sarah Poole and Business Development and Marketing Director Marie Walls. The conversion to ABS enables the firm to incorporate talent from non-legal backgrounds into leadership positions, enhancing its operations and client service capabilities.
Christina Yardley commented on the ABS conversion: “This change strengthens our management structure by bringing a broader range of talent and expertise to our leadership team. It allows us to respond to the evolving needs of our clients with greater commercial acumen and technical expertise.”
DDLS Charity Bake Off in Aid of SV 2
Solicitors firms from Derby took part in a Bake Off to raise money for local charity SV2. The competition was kindly sponsored by Greg Gillespie of Legal-Connect.
The stunning cakes were sold within the firms and photos sent into the Judges who were amazed at the standard of the entries.
This Digger Cake from Will Matheson from Family Law Group was the worthy winner of the DDLS Bake Off apron and voucher.
Davina Charlton of The Smith Partnership was runner up with the Autumn Leaves Cake and Patrick Booth, also of the Smith Partnership, was third with his Blueberry Cake.
Well done to everyone who took part and thank you for supporting this event - £250 or so was raised towards the President’s Charity. Special thanks to Lucy Tissington for organising the event.
(l-r) Rachel Morris of SV2, Will, Tina, Lucy and Greg
Pictured
Meet the Committee November 2024
– contact details are on page 3 of this Bulletin
Tina Attenborough is the President of DDLS 2024/25. She is a sole practitioner working in employment law at Attenborough & Co
Lucy Tissington is the Vice-President of DDLS. She is a senior associate at Family Law Group and heads up their Paralegal training academy.
Claire Rudkin is head of wills and probate at Flint Bishop. She is the secretary of our Private Client Sub Committee
David Hardy is a retired solicitor and Past President of DDLS
Rachel Maxwell is the DVP of DDLS. She is a a residential conveyancing solicitor at the Smith Partnership and secretary of our Conveyancing Sub Committee
Fiona Apthorpe is the Hon Secretary of DDLS, Past President and the Chair of the Family Law Sub Committee. She is Head of Family Law at Geldards, Deputy District Judge, accredited Family Mediator, Family Arbitrator, Private FDR Judge.
John Ellis is a dispute resolution solicitor at The Smith Partnership and IPP of Derby Junior Lawyers
Ben Lawson is the Hon Treasurer and Past President of DDLS. He is a family lawyer at Elliot Mather.
Manesha Ruparel has been an active committee member since 2009 and served as President of the society 2022-2023. Manesha was the first person of colour to serve as a President since the society’s inception. She is a Family Solicitor at Alexander & Co
Oliver Maxwell is a specialist in commercial real estate litigation and Immediate Past President of DDLS
Felicity Coats is the secretary of our Criminal Sub Committee and is a criminal lawyer at Elliot Mather
Shama Gupta supports the regulatory risk compliance team for several years at Freeths LLP. She is the chair of the Law Society Equality, Diversity and Inclusion committee. Shama is the national council member for Notts, Derbys and East Staffs
Sue Jennings is an employment lawyer at Geldards, a Past President of DDLS and Under Sheriff of Derbyshire
Julie Skill is a family lawyer at Elliot Mather and Past President of DDLS
Diana Copestake is a retired family lawyer and Past President of DDLS
Claire Twells leads the debt recovery team at The Smith Partnership.
Laura Matthews is a trainee solicitor at Geldards. She is President of DJL.
Peter Kidd is a dispute resolution solicitor at Elliot Mather and Secretary of our Civil Sub Committee
Martin Salt is head of wills and probate at Simpson Jones and a Past President of DDLS
Amelia Sutcliffe is a newly qualified clinical negligence solicitor at The Smith Partnership. She is the VP of DJL
George Ottewell is a trainee solicitor at Flint Bishop and DVP of DJL
My visit to the SV2 offices
I first became aware of the extent of the valuable service SV2 provides when Liza Freeman attended at the DDLS AGM and gave us some concerning statistics, told us about the support they offer and the demand for this support. As a family solicitor I do support survivors of domestic abuse but in other arears of the law this is unlikely to be as prevalent. I have since met with Rachel Morris and heard about the amazing work they do. I had the pleasure of visiting their offices in Ripley and was able to discuss access to legal aid under the capacity of family law solicitor at Family Law Group.
What SV2 do
They work with the survivors of recent and non-recent crimes of sexual abuse, assault or rape. This is invaluable to not only the survivors of domestic abuse but anyone effected by sexual violence . The office is beautifully laid out and decorated in a calming green colour. SV2 ISVA (Independent Sexual Violence Advisers) and ChISVAs (Childrens and Family Independent Sexual Violence Advisers) can provide support through the criminal justice process. You can tell that the ISVA’s and ChISVA’s are so passionate about what they do. They have dedicated male ISVA support available and they also support any gender, religion, sexuality or race.
They listen, they support and they make a real difference to people’s lives. The ISVA’s and ChISVA’s provide adults and children with independent emotional and practical support. Their role is to ensure survivors have accurate information to make informed decisions that best fit with their circumstances and needs
Goals for fundraising
This makes me even more keen to raise as much money as we can this year for SV2. The Bake Off raised a lot of money for the charity, and raffles and other events will continue to help. I thank you all for the money raised so far.
Lucy Tissington Vice President, Family Law Solicitor at Family Law Group
Situations Vacant: Exciting Opportunities at
Residential Property Solicitor, Legal Executive or Licensed Conveyancer with 5+ years of expertise
Position Details:
• Type: Full-time, Permanent
• Location: Mansfield
• Start Date: Immediate (dependent on notice period)
• Hours: Monday to Friday, 9:00 am to 5:00 pm
The Opportunity
You’ll have the opportunity to lead a small Residential Property team from day one, with the exciting challenge of managing and expanding this team as we continue to grow. As a forward-thinking firm, we are committed to a continued and considerable investment in technology to streamline and improve our processes and to ensuring unrivalled client experience.
The Ideal Candidate
We’re seeking an experienced Residential Conveyancing Solicitor, Legal Executive, Licensed Conveyancer, or similar professional with at least 5+ years of post-qualification experience. In this role, you will:
• Lead and mentor a thriving Residential Property team.
• Provide technical support to junior team members.
• Manage a diverse caseload of Residential Property transactions.
• Collaborate closely with the Head of Residential Property to drive the department’s growth and success.
• Work autonomously and efficiently in a fast-paced environment, highly organised, with a strong commitment to meeting deadlines.
You’ll need to be proficient with IT case management systems and have the ability to work independently with minimal supervision. A natural leader, you’ll bring a proactive approach to problem-solving, a keen eye for detail, and exceptional communication skills.
Private Client Lawyer 5+years PQE
The Opportunity
We’re seeking 3 talented Senior Private Client Solicitors or Legal Executives for our Chesterfield and Mansfield offices, to play a pivotal role in our continued success. In this crucial role, you’ll utilise your outstanding legal expertise to advise on a broad spectrum of private client matters, including probate, inheritance tax planning, Lasting Powers of Attorney, and will drafting. You’ll be part of a team that will strategise and evaluate solutions for complex legal issues, manage client relationships and case outcomes, and communicate complex legal matters into a commercially astute and understandable format.
The Ideal Candidate
You are a seasoned professional with 5+ years of private client experience, a proven track record in business development, and a history of strong billing performance. You have organisational skills, attention to detail and an ability to thrive under pressure. Running legal matters in an organised and
efficient manner is essential, as well as ensuring client documents, advice history and time recording/ billing processes are undertaken and recorded in accordance with firm procedures.
With excellent communication abilities, both written and verbal, you excel at building lasting relationships with clients from all walks of life, including high-networth individuals. Your IT proficiency, particularly in Microsoft Office Suite, enables you to work efficiently and effectively.
A full driving licence/own transport is essential as there may be an element of travelling to various locations to attend clients, professionals and company offices.
Step membership will be advantageous.
The Opportunity
We’re seeking a talented Senior Private Client Solicitor or Legal Executive to lead a small Private Client team in our expanding Sheffield office. In this crucial role, you’ll utilize your outstanding legal expertise to advise on a broad spectrum of private client matters, including probate, inheritance tax planning, Lasting Powers of Attorney, and will drafting while heading up a small team. Your team will strategise and evaluate solutions for complex legal issues, manage client relationships and case outcomes, and communicate complex legal matters into a commercially astute and understandable format.
The Ideal Candidate
You are a seasoned professional with 5+ years of private client experience, a proven track record in business development, and a history of strong billing performance. You are ready for career progression and looking to build and lead your own team. Your organizational skills, attention to detail, and ability to thrive under pressure are second to none. Running legal matters in an organised and efficient manner is essential, ensuring client document, advice history and time recording/billing processes are undertaken and recorded in accordance with firm procedures. With excellent communication abilities, both written and verbal, you excel at building lasting relationships with clients from all walks of life, including high-networth individuals. Your IT proficiency, particularly in Microsoft Office Suite, enables you to work efficiently and effectively.
A full driving licence/own transport is essential as there may be an element of travelling to various locations to attend clients, professionals and company offices.
Step membership will be advantageous
Will Writers
The Opportunity
We are seeking 3 experienced Will Writers to join our dynamic teams in Chesterfield, Sheffield and Mansfield. The successful candidate will be responsible for advising, drafting, reviewing,
and finalising wills and other estate planning documents. This busy and rewarding role requires an understanding of estate planning, excellent communication skills, and the ability to handle sensitive information with discretion and professionalism. You will have a passion for providing outstanding client experience and articulating clients’ wishes clearly and accurately.
Key Responsibilities
Key responsibilities include consulting with clients to gather necessary information regarding their estate planning needs and objectives, advising, drafting and reviewing wills, trusts, and other related legal documents to ensure they meet legal standards and accurately reflect clients’ wishes. You will conduct thorough reviews of clients’ financial situations, family dynamics, and existing estate plans to provide tailored advice. Managing your own caseload and meeting chargeable hours targets is essential, as is ensuring all documents comply with current laws and regulations. Maintaining accurate and confidential client records, staying technically up-to-date through training and research, and providing exceptional customer service by addressing clients’ questions and concerns promptly are also key aspects of this role.
The Ideal Candidate
We are seeking an individual who preferably holds a legal qualification or who has proven experience as a Will Writer and is able to demonstrate a strong understanding of estate planning laws and regulations. Exceptional written and verbal communication skills are essential, along with a high level of attention to detail and accuracy. The role requires strong analytical and problem-solving abilities, as well as the capability to handle sensitive and confidential information with integrity. Proficiency in using estate planning software and other relevant technology is necessary, and excellent organisational and time management skills are a must.
What We Offer
• Competitive Salary: Reflective of your qualifications and experience.
• Supportive Environment: We value our employees and provide a collaborative workplace where your contributions are recognized and rewarded.
• Career Growth: As a valued member of our award winning company, you will be positively challenged, supported in your professional development, and given the opportunity to grow within our successful team where you are truly able to shine, backed by an excellent reputation and established department.
• Equal Opportunity Employer: We are proud to be an equal opportunity employer, committed to creating an inclusive environment for all employees.
HOW TO APPLY
Ready to take the next step in your career? Apply now by typing in the link below: https://www.bannerjones.co.uk/ pages/how-to-apply
Private Client Lawyer 5 + yrs PQE Sheffield Office
DDLS Family Law Courses
Over the last couple of months I have had the pleasure of organising and attending two DDLS family law courses.
The first was a finance course where Carl Fender of Bank House Chambers provided an update on PAG2 and the current thinking about pensions at the moment. We also had a wonderful interactive presentation by Stephen Williams and Gareth Jacques from St Mary’s Chambers. It was fascinating to see people’s answers and to think about the scenarios. We were able to listen to their views based on their wealth of experience. At this session we also heard from James Evans from Our Family Wizard, our wonderful sponsors. Last but not least we heard from Emma Byron of Wellness Emma – a holistic wellness coach who talked about the work she does in coaching. I think her thoughts on how busy lives can be and what we need to focus on rang true with many of us.
The second course was on children matters. We first heard from James Evans from Our Family Wizard – about the ability to forge and fake social media communication. We went on to hear from Zoe Henry on finding of fact hearings. Laura Martin and Katryn Moran then gave a presentation on parental alienation and the link to domestic abuse. All these three 3 barristers from St Mary’s Chambers spoke with a wealth of knowledge and experience and really made us think about the cases we have ongoing at the moment. Last but not least we heard from Adele Ballyantyne of Eleda Consultancy - a relationship therapist. She is passionate and I cannot wait to discuss her work with her further. We watched a fascinating video on how conflict affects children and it really made us all think. It left me thinking should family law solicitors promote a more holistic service for clients.
Thank you to Smith Partnership for allowing us to host at their fabulous offices and for providing the IT help. Many thanks to my Family Law Group paralegals Katie Bithell Gemma Winandy and Brogan Kelly who were there with me to help set up and ensure it all went smoothly.
Within my role as Joint Head of training at Family Law Group I know how important constant learning and development is within our roles and I am happy to be able to facilitate some additional training.
I was really happy to see both old faces and new and to have a chat over a Costco buffet (who does not love a Costco cookie). Thank you for all who attended, I hope you learnt a lot, as did I.
Lucy Tissington Vice President Family Law Solicitor at Family Law
Tapas Thursday 10th October 2024
at Lorentes Darley Abbey
Our popular Tapas Thursday event continues to go from strength to strength with 25 or so lawyers and local businesspeople gathering on 10th October to make some new connections and enjoy an amazing tapas lunch.
Thank you to everyone who came along and to Kevin Drew from Ascentant Accountants who sponsored this lunch. The date for the next Tapas Thursday is 30th January 2025 and places are already available via Fienta.
Top Left: David Gilmore, Kevin Drew, Tina Attenborough, Kavita Oberoi from Gold patron Oberoi Business Hub and Rachel Morris
Bottom Right: Tina Attenborough, Kevin Drew and Rachel Morris
High Sheriff of Derbyshire’s Legal Service and Lunch
My sincere thanks for attending the High Sheriff’s Legal Service on Sunday and for joining us at the Museum of Making for lunch. It was so good of you to spend the afternoon with us, and your contribution to the event is very much appreciated.
Once again, we were blessed with fine weather and I felt that the Cathedral team delivered an excellent service.
With very best wishes,
Ian Morgan OBE
High Sheriff of Derbyshire 2024/25
Ian Morgan
Tina and the Bishop of Derby Rt Rev Libby Lane.
Sue Jennings
Tina Attenborough and her husband Glen were special guests of the High Sheriff, Ian Morgan, OBE on 13th October at the annual High Sheriff’s Legal Service at Derby Cathedral. Congratulations to DDLS Committee Member and past President, Sue Jennings, on a successful first event as Under Sheriff.
Council Member’s Report - September 2024
Financial Benchmarking Survey
For a free personalised financial report for your firm, complete the survey at Take part in the Financial Benchmarking Survey 2025 | The Law Society (https://www.lawsociety.org.uk/topics/ business-management/take-part-in-the-financialbenchmarking-survey-2025?sc_camp=C7F00 03414AA4230C6194004E418ACD4) before Friday 27 September. This report enables you to compare your firm’s performance to your peers on key firm income and expenditure measures.
SRA and the regulation of CILEX members
The SRA requires TLS’s approval for changes to the corporate objects of SRA Limited to be able to take on the regulation of CILEX members. TLS stands firm in its opposition to the SRA regulating CILEX members. Watch this space.
Further reading: Regulation of CILEX members | The Law Society: https://www.lawsociety.org.uk/topics/regulation/regulation-of-cilex-members
SRA Compensation fund increases for 2024/25
Following consultation, the SRA has confirmed that law firm and individual contributions toward the SRA Compensation Fund will need to increase for the first time in five years, subject to approval by the LSB (individual contributions will be £90 (£30 last year) while firm contributions will be £2,220 (£660)).
As part of their ongoing review of consumer protection arrangements, the
SRA are continuing to consider how the compensation fund should operate in the future.
Further reading: SRA | Compensation fund increases confirmed, while practising fees to remain unchanged | Solicitors Regulation Authority: https://www.sra.org.uk/sra/news/press/compensation-fund-pc-fees-2024/
SRA | Protecting the public: our consumer protection review | Solicitors Regulation Authority https://www.sra.org.uk/sra/consultations/discussionpapers/consumer-protection-review/
SRA Consultation on updates to financial penalty regime
The SRA is consulting on potential updates to their approach to issuing financial penalties to law firms and solicitors for certain breaches of their rules. The consultation period ends on Friday 20 September.
Further reading: SRA | Financial Penalties: further developing our framework | Solicitors Regulation Authority: https://www.sra.org.uk/sra/consultations/ consultation-listing/financial-penalties-further-developing-framework/
TLS welcomes 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/aboutus/our-governance/council-constituencies-and-current-members/ shama-gupta
Shama Gupta, Law Society (TLS) Council Member
Don’t forget to update your personal information on My LS
Shama Gupta
Derby Dignitaries interview Q&A with Nadine
Peatfield – Leader of the Derby City Council
1. Derby is a great city with some admirable development plans for its immediate and longer-term future, do you have any thoughts about the new developments and what they will mean for the people of Derby?
Development projects are vital for Derby as they breathe new life into the city. They create jobs, attract businesses, and help to create a thriving city that is a great place to live, work and visit. And we have so much to look forward to at the moment.
It’s fantastic to see change happening in the city centre.
I’m really excited that the transformation of Derby Market Hall is nearly finished. It’s been a long time in the making, but it’s going to be truly wonderful. It’s such a beautiful space that has been lovingly restored and will now be fit for the future. Not only will it be a great place for locals, but it’s also going to attract visitors from far and wide, bringing more money into the city.
Becketwell Live is due to open in 2025. This new entertainment space is also going to bring a lot more people into the city centre, which is great news for local businesses. ASM Global (the chosen management company for the space) will be bringing lots of new acts to Derby – watch this space!
The University’s new Business School will also be a big boost for the city. It’ll bring in lots of new businesses and ideas, especially around the Eastern Gateway – another major development project which will transform the area around the bus station and the
eastern entrance to Derbion shopping centre.
By bringing the Guildhall Theatre back into use, we can not only restore one of our historic buildings but create more space for community-led arts groups to perform right in Derby’s cultural heart.
2. What do you love most about Derby?
The people. They are down to earth and, like the rest of the East Midlands, we could even be described as blunt, which can be a negative but also a positive. We wear our hearts on our sleeves, we can be self-critical as a city, but we are also the first to defend it.
In my experience, as a city and a community we all rise as one when we need to. I’m thinking of how the city rallied around for its football team Derby County when it almost went into administration and for Alstom when jobs were under threat.
Some of the people I work with have very little, but they are very generous and give everything for our community.
3. On your journey to the ‘top’ who or what would say has influenced you the most and why or how did you get into politics?
I had absolutely no idea that I would get into politics 10 years ago. I was in my late 30’s at the time and was a mum with two young children. I started to feel dissatisfied with austerity; we had suffered years of it and all I could see was that those who needed the most were getting less and less. The General Election of 2015 and Brexit in 2016 Brexit made me sit up and take note. Then came the horrendous murder of Jo Cox, MP. I saw a mum of two young children, a humble and compassionate politician with a regional accent… not the stereotype politician we were used to seeing. All these events combined drove me to want to so something about the state of things and stand up to be counted. I got involved in the Labour Party, stood to be a councillor and I applied three times to join the Jo Cox Women in Leadership programme before I was successfully accepted. This legacy programme was a source of huge support and learning. I would say that albeit
posthumously, it was Jo Cox who influenced me the most in my journey. In short, she made me a better leader.
Her influence and her leadership programme helped me to play my part in shaping the culture of the council and bringing women along with me, increasing diversity in the city leadership team. I want to make sure that everyone feels a part of the team and belongs to the city and the work we are doing to improve it.
4. Given your success in business/life, would you mind sharing your top 3 life hacks or lessons for our readers?
Resilience would be the first lesson.
Women in politics face a really tough time. It’s a challenging environment where we’re still under-represented and can experience unfair treatment. While there’s a code of conduct, it’s not always enforced, leaving women vulnerable to disrespect.
The good news is that the Local Government Association (LGA) has formed a task force to address these issues. This is a positive step towards creating a more supportive and inclusive environment for women in politics.
As part of being resilient, it’s important to prioritise your mental health, protect yourself from stress and burnout. When people tell you that you need a ‘thicker skin’, I disagree. Politics is tough but people need to be more respectful; debate over hate is essential. It’s important not to become too tough or lose your sense of compassion. Being kind and understanding is essential to the role.
The second would be to make time for what is important to you. That includes matters at work, your home life, hobbies, friends and family too, balance is so important. I learned this important hack from Kath Mitchell Vice Chancellor of the University of Derby when I shadowed her for a day as part of the Jo Cox Leadership Programme. Even though her working day was so busy, she made time for meetings that were important to her personally.
And finally, Stay hydrated! I’ve always got a reuseable bottle of water with me.
Nadine Peatfield
Remember a charity launches wealth adviser committee
New committee aims to empower advisers to accelerate growth of high value legacies
Remember A Charity, the consortium of UK charities working to grow the legacy giving market, today announces it has set up a committee of wealth advisers to build expertise within the advisory profession and to champion and promote legacy giving amongst high-net-worth clients. The Private Client Advisory Committee for Legacy Giving is working to guide the consortium’s work programme with wealth advisers, which aims to equip wealth advisers with the knowledge and resources they need to inspire and support high net worth clients in achieving their philanthropic goals, growing high value legacy giving.
The creation of the committee follows the consortium’s exploratory research into the role of wealth advisers in growing legacy giving, published earlier this year. This revealed that appetite for supporting clients in achieving their charitable legacy was high, but that relatively few advisers outside the Will-writing sphere regularly advised clients on the topic. The research report was accompanied by a suite of web-based resources for advisers, including a business case for discussing charitable legacies with clients and case studies showing the different ways a charitable legacy can be structured.
Remember A Charity’s wealth adviser programme builds on the consortium’s experience of working with solicitors and Will-writers in having established a network of 900 solicitor firms and Will-writers (Campaign Supporters) who have all committed to make their clients aware of the option of including a charity in their Will, normalising legacy giving.
Role of the committee
The Private Client Advisory Committee for Legacy Giving brings together influential wealth advisers to accelerate learning, developing the knowledge and skills needed for advisers to initiate values-led discussions with their clients about charitable legacies. Committee members have committed not only to share knowledge and expertise, but to advocate for legacy giving with their clients, within their organisations and across their wider peer groups and networks. This includes:
• Raising the topic of legacy giving with their clients and supporting those who wish to fulfil their charitable legacy
• Educating and informing colleagues, championing legacies across their firm
• Advocating for legacies — inspiring their wider network to discuss charitable legacies with clients
• Reporting learnings back to the committee, accelerating learning and helping to shape Remember A Charity’s future development of best practice guidance and resources for advisers
Committee Chair and Private Wealth Partner at Boodle Hatfield, Clare Stirzaker, says:
“Helping private clients consider and implement their charitable legacy is a privilege for any adviser and definitely the part of my job that I enjoy the most. The aim of this committee is to address how we can better enable our colleagues and peers to raise and discuss this important topic with clients. I very much hope that our efforts and collaboration drive changes across the wealth management industry, supporting higher levels of legacy giving whilst also unlocking potential lifetime giving too.”
Director of Remember A Charity, Lucinda Frostick, adds:
“Private client advisers are pivotal when it comes to supporting clients with their philanthropic and financial decision-making. Yet, when it comes to engaging with high net worth individuals about legacy giving, these conversations can be few and far between, and there
is opportunity for greater depth. Such discussions can be crucial in supporting clients achieve their philanthropic legacy.
“Our mission with this work programme is to deepen our understanding of the ways in which wealth advisers can support clients with charitable legacies, and to empower and equip this growing community of influential advisers to unlock and inspire legacy growth across their client base.”
Driving Best Practice in legacy giving
The committee will shape Remember A Charity’s work programme with wealth advisers This includes developing training, mentoring and best practice guidance. By nurturing a network of legacy advocates in the wealth adviser community, Remember A Charity aims to accelerate the growth of high value legacies and inspire a longer-term cultural shift where advisers more regularly inspire legacy consideration.
The committee first met in person in September, agreeing the terms of reference and exploring the key areas of activity to be progressed within the group. They will continue to meet on a quarterly basis for a 12-month period before reviewing next steps.
Find out more about Remember A Charity’s work to grow legacy giving at rememberacharity.org.uk.
Preliminary (pre-report) experts’ meetings
Commentary
Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This case referred to a circumstance more commonly, or perhaps seldom otherwise, encountered in the Technology and Construction Court.
Expert evidence issue
In this case reference was made to the usual practice in the Technology and Construction Court, of the experts being directed to meet on a without prejudice basis before the
exchange of their reports. The purpose of that direction is that it encourages experts to express independent opinions without any concern that they are departing from what they have already committed to writing in their reports, and that their reports will then be limited to the matters which are still in dispute. Although that ought to encourage briefer reports, experts not uncommonly end up explaining what they have agreed and why. Sometimes that is genuinely necessary in order to enable the court to understand the effect of the agreements that they
have reached, or to explain the areas of disagreement that remain. Sometimes it is, at best, unnecessary and, at worst, confusing. Which it is, is necessarily case specific.
Learning point
In a TCC case, where the experts are directed to meet before the exchange of reports, it may be sufficient to report no more than the identified points of disagreement but it does depend on the nature of the case.
Keith Rix
Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?
Commentary
Only days into this year’s compendium of judgments, this seems to be what will be one of the most important judgments of the year. It illustrates how easy it is to miss giving a range of opinion and what the expert should do when there are rival factual scenarios of which one arises from disbelief of the subject’s account of their symptomatology.
As will be apparent, counsel for the defendant submitted that a medical expert can and should form a view as to whether they believe a claimant. The judge did not accept this submission as put. In doing so he set out what the approach of the expert should be in their evaluation of a claimant’s presentation.
But for the fact that the defendant had appealed the decision of the lower court to award damages, the detail of this case would probably not have gone on the public record. It is therefore one of the few cases in which
experts can study the court’s examination of the expert’s opinion and although the nuances of this may be of interest only to respiratory medicine experts, the extracts of the expert’s cross-examination and of the judge’s intervention are of general interest.
Learning points:
• It is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves.
• It is entirely proper for a medical expert to say that the medical records are not consistent with what a person claims were his symptoms.
• Failing to appreciate or deal with the possibility that the account of the symptoms provided by the subject might be true, the expert deprives the Court of what evidence they might have been able to give if the Court accepted the truth of that account.
• If you are present in court, or are provided with transcripts of their evidence, be
prepared to modify your opinion having regard to the evidence of witness of fact.
• In a case where there is significant inconsistency, and where the court’s findings will depend on how it resolves the inconsistency, the expert is required to give alternative opinions based on the different factual scenarios.
• The expert should not express a preference for one factual scenario over another unless it arises from the application of knowledge or experience outside that of the court. But even if doing so, it is necessary to offer an opinion or opinions based on the scenario the expert does not prefer as the court will decide which factual scenario to accept having regard to the totality of the evidence and of which the expert’s evidence for preferring one scenario over another will only be a part and which evidence in any event may not be accepted.
Keith Rix
Reputation or a life?
We seem at present to be facing a continuous series of public enquiries on some weighty matters.
I detect a trend. Let’s consider three such enquiries: the infected blood scandal, the sub-postmasters, and Lucy Letby . What do they have in common? Answer: in every case, those at the head of the organisation thought it essential to protect the reputation of the organisation, even to the extent of putting lives at risk. That’s an extravagant thing to say, but is it right?
We need only look at the Post Office for a catalogue of examples: the investigators telling all the sub-postmasters who complained that they were the only one who found fault with Horizon; the Post Office agreeing to pay Second Sight as forensic accountants to investigate for the subpostmasters, but then sacking them as soon as they started to dig deep; the Rev Paula Vennells’s tears when giving evidence, poor thing; the IT expert witness who appears to have committed perjury when prosecuting the postmasters for fraud; the jailing of Seema Misra when pregnant; Lee Castleton and many others bankrupt; the suicides, the losing of homes and dignity… And for what? To preserve the fallacy that Horizon was fault-free. Yes, the Post Office put people’s lives and livelihoods at risk because their reputation was more important.
I want to concentrate today on the Lucy Letby case, because a public enquiry is currently running on this case, too, so that “lessons may be learned”. We have seen many instances where whistleblowers in the NHS, even very senior clinicians, have had their careers wrecked because they have recognised the importance of preserving life, a worthy aim which managers didn’t share because it was more important to preserve the good name of the hospital.
In the Lucy Letby case, doctors took their suspicions to management but were not
listened to, and babies died. Eventually the story came out, but for a while the good name of the Countess of Chester Hospital was preserved.
Now, I don’t make any judgment on Lucy Letby’s guilt or innocence. She has had her Crown Court trials, her hearing by the Court of Appeal, and her case considered by the Criminal Cases Review Commission. She is still considered guilty of murdering seven tiny babies and threatening the lives of seven more. I just want to concentrate on two aspects of the case: the reputation theme, and staff rotas. Staff rotas? Read on!
On the first I can be brief. Several doctors came to the chief executive and told him they had suspicions about Lucy Letby. They were rebuffed, to the extent that they were forced to apologise to her. Chief Executive Tony Chambers , speaking at the public enquiry, says he regrets that, and that lessons have been learned. Oh good! But for a while, his main aim of preserving the hospital’s reputation was achieved. And babies died.
On the second, the public enquiry has learned that a study of the staff rota in the neonatal unit showed that several members of staff could have been present when each baby died, so did Lucy Letby do the deed, or was it some other nurse? I don’t know the answer to that, but it reminds me of a case I was involved in a few years ago.
It was a disciplinary case before the General Pharmaceutical Council (forensic accountants have to be versatile!). A pharmacist was working in a branch of a multiple chemists; it could have been Boots, or Superdrug, or one of the others – no matter. This pharmacist had been accused of ordering excessive quantities of a particular drug. The trouble was, this was the major ingredient in the recipe for crystal meth. So now it was serious.
I was engaged as expert to help in his defence. I explored two aspects.
The first was that the ordering procedure was slack in the extreme. Supplies could be ordered from two terminals in the shop, in the retail area and in the pharmacy. Anyone could go on to these terminals, without user name or password. Why, even the delivery driver would sometimes re-arrange his round there. So any staff member could have ordered the offending drug.
Second, I did an exercise with the staff rota. Allowing for part-timers, holiday, sickness etc, I was able to demonstrate that any one of several staff members were there when
the drugs were ordered. So why was this pharmacist the only one under suspicion?
There was a hearing, in a swish office suite at Canary Wharf in London. Towards the end of the first week I gave evidence on my report. The lady barrister for the Council challenged me that this case had nothing to do with accountancy. It was classic cross-examination: if you can’t fault the expert’s opinion, discredit the expert. It didn’t work; I explained to the chairman that stock control, ordering procedures, staff rotas were all meat and drink for forensic accountants. After that, my crossexamination didn’t last long.
So the case was going well for the pharmacist.
But at the start of the second week, the employer’s investigators produced some CCTV film. It was time-stamped, as were the orders in the warehouse. And together they showed that our chap was at a terminal, ordering drugs, at the precise times that the orders had come in. There was no doubt about it, he had ordered all the offending drugs. He was guilty.
Of course, one may question why this CCTV film hadn’t been produced months earlier; the whole case would have been settled without a hearing, and without all the work I had had to do. Without that film, the guilty pharmacist may well have got away with it.
I wonder if Lucy Letby, if she can put another appeal together, may be able to use the staff rotas more effectively?
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
Chris Makin
Email: bill.bailey1@nhs.net
Keep an Older or Disabled Person Safer.
Cold calling is not illegal. However, any trader that ignores a sticker or notice on a door stating that the occupier does not wish to receive cold calls may be committing a criminal offence.
As a nationwide, live-in, home care provider since 1980 we decided to try and help prevent, where we could, an older or disabled person becoming a victim.
The above door sticker may be of interest to someone you know. These are free of charge and if you email to info@ablecommunitycare.com, we will be happy to send some for you to pass on. (since 2019 we have given out over 250,000).
We do not keep any individual details on a database, and we do not give information to other organisations. We are happy for you to share this offer if you have a Facebook page or local newsletter.
www.ablecommunitycare.com
Live-in, Care Provider, based in Norfolk but available everywhere. Established 1980. T- 01603 764567 Able Community Care, The Old Parish Rooms, Trowse, Norwich. NR14 8TZ
Deputyship and Statutory Will Applications: How does a probate genealogy firm help?
As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.
Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.
Here are some of the ways in which a probate genealogist can help:
1. Verifying Family Tree Information:
We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence. The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.
2. Resolving Complex Family Scenarios:
In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our international expertise can assist in even the most complicated of family make ups, and wherever people may live.
3. Ensuring you are aware of P’s existing Will & financial assets
Ensuring you know of any Will P may have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.
4. Providing Evidence for the Court:
The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.
Insights into the research process
A question that we are often asked is, ‘How do you do it?’ Many
who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.
Case Study
At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.
Our research first confirmed that P had no children and was an only child.
Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.
During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.
As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.
Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.
Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.
Finders International can assist pre-deputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance. If you have a case like the above or have any questions regarding our services, contact us today at quotes@ findersinternational.co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk
