Derby 66 January 2017 by EPC Studio

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

January 2017

Happy New Year! Come and be one of us at this year’s Annual Dinner - See p.14

Also in this issue: Skills Triathlon 2017 • Derby/Staffs. Land Charges Update Gold Patrons of the Society

D&DLS Bulletin Derby & District Law Society

January 2017

Contents 3 - Contents

11 - Triathlon Application Form

20 - New Light on Charitable Legacies

3 - Editorial

14 - Annual Dinner 2017

23 - Foundation Derbyshire

4 - List of Officers

14 - Property News

25 - Cyber Crime

5 - President’s Page

15 - Land Charges 2017

26 - Professional Indemnity Insurance

7 - Council Member’s Report

16 - Profitable Conveyancing

26 - Bar Conference 2016 Review

8 - CPD Training Programme 2017

16 - LawWare joins the LSSA

28 - Flood Risk

10 - Skills Triathlon 2017

18 - Hot Tubbing

30 - Book Review

Editorial Well, the old curse ‘May you live in interesting times’ is at it again! We now have the resignation of Law Society CEO Catherine Dixon, ostensibly through frustration with the actions of the ‘reactionary tendency’ within the Law Society’s Council in delaying previously-agreed proposals to reform governance arrangements at Chancery Lane. However the fact that only a matter of a few days later it was announced that in April she would be taking up a new post as Chief Executive of Askham Bryan College near York, in her home county, makes the cynic in me feel that the decision may have been made a while ago and her actual resignation announcement was more a matter of timing than a reflection of a recently-taken decision – either that or Askham Bryan College have a board capable of the sort of rapid response to changing circumstances that The Law Society can only currently dream of! Law Society President Robert Bourns’ commitment to continuing the reform process notwithstanding the need to recruit a new CEO is all very well, but it is inevitable that there will now be a further delay to what is already becoming an unnecessarily longdrawn-out process, which can only be

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to the detriment of the Law Society’s attempts to establish itself as a credible representative body for the profession. Council member Michael Williams keeps your Committee up to date with developments at HQ, so the background to this regrettable state of affairs is well-understood, and regretted, but he is at pains to point out (see p7) that despite the shenanigans at Council the staff of The Law Society continue to do much good work behind the scenes on behalf of the profession, and care must be taken not to tar them, and Chancery Lane in general, with the same brush used to tar the recidivists on Council. The Society has invited Law Society Vice-President Joe Egan to meet with Senior/Managing Partners of local firms at a lunch at the Cathedral Quarter Hotel, Derby, on Friday March 17th – similar to meetings held with Andrew Caplan in 2015 and Catherine Dixon herself in 2016 – so it will be interesting to see where we are by then, and what his take on things is; invitations will be going out shortly, and numbers will be limited to 15, so please keep diaries free and respond promptly if you receive one.

seek ways in which to develop ways in which D&DLS can be of service to the profession and, in keeping with his own personal background, has set up an initial meeting of local advocates and judges later this month (see p5). I have often said this previously, but the Committee does not have a monopoly on wisdom, so if you feel that there are other things we can do locally to further support the profession, please let Andy or another Committee member know. It’s time for this year’s Legal Skills Triathlon (see pp10-11) – do please encourage your trainees/NQ’s to enter, as the experience is of undoubted benefit to both them personally and their employer, so it is short-sighted not to do so. However the structure of the competition means that only 8 can enter from the profession, so be quick! Whilst details are still to be sorted out, please also make a diary note of this year’s Annual Dinner on Friday April 28th (see cover – sorry Di! – and also p14).

President Andy Cash continues to

Whilst the new ‘competence-based’ approach to CPD takes the pressure off in terms of achieving a set number of CPD hours by a set deadline, it in no

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Accounts Tony Kay

Managing Editor Peter Ball

Published January 2017

Design David Coffey, East Park Studio

way removes the need for practitioners to keep their knowledge up to date, and we continue to offer training courses, which are summarised on p8 – again, let us know if we are missing anything you would like to see covered. Finally I am pleased to announce that in token of the depth and breadth of their relationship with the Society, Derby University have now become official Gold Patrons alongside long-time supporters Severn Trent Searches, and we look forward to further developing what is already a mutually-beneficial relationship.. Finally finally, you will note form Andy’s piece on p5 that my successor as Administrator has been announced as Julia Saunders, who will be known to most of you as she was a member prior to her retirement, and a long-serving Committee member, Treasurer, and a past President, and so has an understanding of the issues facing both the profession and the Society; all being well we will work in parallel during May before I finally retire on My 31st, so there should be a smooth transition. Peter Ball Administrator

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Officers and Committee Members for 2017 Officers

President* Andy Cash Cartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking.co.uk Vice-President* Simon Stevens Eddowes Waldron 01332 348484 sws@ewlaw.co.uk Deputy Vice-President* Ben Lawson Geldards LLP, Derby Tel: 01332 331631 Honorary Secretary* Fiona Apthorpe Geldards LLP, Derby Tel: 01332 378335 Fiona.Apthorpe@geldards.com Honorary Treasurer* Martin Salt Maclaren Warner, Ilkeston Tel: 0115 9304994 martin.salt@maclarenwarner.co.uk Immediate Past President* Diana Copestake Freeth Cartwright LLP Tel: 0845 2725674 diana.copestake@freeths.co.uk

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

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

(+) attend Committee by invitation

Other Committee Members Scott Atkins Derby School of Law Tel: 01332 593445 S.Atkins@derby.ac.uk

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

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

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

Janie Berry Derby City Council 01332 643616 janie.berry@derby.gov.uk Andrew Cochrane Flint Bishop, Derby Tel: 01332 340211 Via nikki.rennie@flintbishop.co.uk Lionel Conner Samble Burton & Worth, Burton Tel: 01283 565731 lionelc@sbw.cc Paul Hackney Geldards LLP, Derby Tel: 01332 331631 paul.hackney@geldards.com David Hardy Tel: 01332 842008 david.hardy1630@gmail.com Elizabeth Haysom Derwent Law 01332 780718 elizabeth@derwentlaw.co.uk Sue Jennings Tel: (M) 07946 609436 robskelding@squarise.co.uk Ellis Pugh Geldards LLP 01332 331361 ellis.pugh@geldards.com Karen Reynolds Freeth Cartwright LLP 01332 361000 karen.reynolds@freeths.co.uk Lewis Rose, OBE Flint Bishop, Derby Tel: 01332 226127 lmrose@flintbishop.co.uk Manesha Ruparel legal@manesha.com Mike Simpson Simpsons Solicitors, Derby 01332 424500 mike.simpson@ simpsonslawuk.com Susan Woodall Astle Paterson, Burton Tel: 01283 531366 suewoodall@astlepaterson.co.uk

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Administrator / Bulletin Editor Peter Ball, The Old Barn Hatton Fields, Sutton Lane Hilton, Derbys. DE65 5GQ Tel/Fax: 01283 815030 e-mail: admin@derbylaw.net Sub-Committees (Secretary in italics) Contentious Business Stephen Woolley Paul Hackney Mary Honeyben David Hardy Karen Reynolds Gary Adamson (01332 347300) Rebecca Carr (01332 221722) Katy Fugle (01332 367051) Steven Savage (01246 220737) Compliance Officers’ Group (COG) Vacant Criminal Litigation Simon Stevens Andy Cash Quentin Robbins Andrew Oldroyd (01332 225225) Nick Wright (01332 364751) Education & Training Sue Jennings, & all Sub-Committee Secretaries Employment and Business Law Sue Jennings Family Law Fiona Apthorpe Diana Copestake Ben Lawson Manesha Ruparel Julie Skill Vince Beckworth (01332372311) Melanie Bridgen (01283 2264440 Claire Dean (01335 345454) Liz Doherty-Astle (01332 592523) David Guthrie (01332 293293) Liz Guyler (01773 749955) Nick Herbert (01332 293293)

Janine Hobday (01332340221) Ruth Jones (01332346084) Gareth Protheroe (01332 340211) Natalie Yeung (01332 331631) Finance Andy Cash Simon Stevens Ben Lawson Sue Woodall Fiona Apthorpe Di Copestake Private Client Martin Salt Claire Rudkin (01332) 340211 Nikki Spencer (0115) 932 4101 Christine Hinkley (01332) 836666 Kim Kirk (01332) 600005 Tim Dysterre-Clark (01332) 600005 Kirsten Wood (01332) 340211 Rachael Francis (01332) 340211 Julie Cook (01332) 340211 Dervla McLaughlin (0115) 932 4101 Property Law Vacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale (01283 561531), Natalia Delgado (01246 231288), Sally Gill (01246 231288), Stephen Gordon (01246 270112), Michael Taylor (01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431). Professional/Regulatory Purposes Subsumed into the Full Committee – working groups to be convened according to the subject at hand. Sole Practitioners’ Group (SPG) Tina Attenborough

(Last updated 11th January 2017)

President’s Page Welcome to 2017! My first mission is to wish everyone a very happy new year and express the hope that it is a successful and prosperous one for everyone. Unfortunately we entered December with the sad news that John Bunting had died. John was a very well regarded member of the solicitor’s profession having practised for most of his life in Buxton, more recently in partnership with James Riley, and continued to work in the Magistrate’s Court up to 2 weeks prior to his untimely death The memorial service held for John saw a very full Christ Church at Buxton and poignant memories exchanged amongst both advocates court users and clients. The wake held in the hostelry across the road from the church was an equally memorable celebration of John’s life aided by the fact that he had sensibly made provision for an unlimited supply of his favourite draft bitter to be available to those who attended. His erudition and good humour will be missed and remembered for many years.

judiciary at the Silk Mill in Derby on January 31st. The Criminal Litigation subCommittee continues to be very active and has now become the main forum locally for the exchange of ideas and thoughts and problems between the profession and other court users – exactly what the Society should be doing, and hopefully what we will increasingly do for practitioners in other areas of law, if the demand is there. We now have a renewed Civil Litigation sub-Committee under the guidance of Stephen Woolley who will be attending Court user meetings proposed for civil court users in line with those attended by criminal practitioners and by members of the Family Law sub-Committee, which is, as always, also very active. Martin Salt has handed over the reins of the Private Client sub-Committee to Claire Rudkin, in order to enable him to concentrate full time on his new role as Treasurer and we wish her every success in continuing the successful work which Martin has done in reviving this sub-Committee; the sub-Committees can prove very valuable forums for those within specific specialisms, so if you would like to join one of them (se p4 for details), contact either the relevant Secretary, or Peter Ball.

My new year as President of our Society started with our first Committee meeting held on 4 January. On the same day the Chief Executive of the national Law Society, Catherine Dixon, announced her resignation. This came as a great shock and those of you who have read her weekly updates will appreciate the considerable effort which she applied to her role and may well have realised that her attempts to change and modernise the governance of Chancery Lane are motivated by the same desire to keep The Law Society relevant and in touch with its membership as the changes that we are seeking to make within our Society locally.

We look forward to this year’s Legal Skills Triathlon which will take place at the Law School on March 8th - see the article and entry form elsewhere in this issue. Please encourage any young trainees or newly qualified lawyers that you know to apply. It is a very interesting, informative and – for both competitor and firm - valuable experience and for winners, financially rewarding to boot.

The Committee agreed that her pending departure need not in any way diminish the efforts which we are making to achieve similar ends, and expressed the hope that her replacement would maintain the pressure for change, which was overdue at the start of the reform process, remains overdue now and will be very overdue if the ‘Luddites’ on Council continue with their delaying tactics; and the longer the delay the greater the lost ground the ‘new’ Law Society will have to make up, both in restoring the potential damage to its reputation amongst its own members, and in the time lost in not adopting the necessary speed and flexibility of response demanded of any representative organisation in today’s fast-moving and continually-changing legal and regulatory landscape.

I am now beginning to see daylight as my children have returned to their various occupations after enjoying aged parent’s hospitality. Joe and Harriet are back in London teaching and archiving respectively and Second Lieutenant Callum Cash will rotate with his Regiment to Kabul soon.

The Committee was very well attended and the willingness of people to give up their time to contribute to both the Committee and the Society generally is vastly encouraging and holds out considerable hope for the future. If you feel that you would like to become more involved by serving on the main Committee – after all it is your Society – please contact myself or Peter Ball.

Andy Cash President, 2016-17

I have meetings planned with our Police and Crime Commissioner and will be attending various New Year networking meetings so look forward to meeting some of you during my travels.

I will be watching with interest the forthcoming changes to Road Traffic Law including the new provisions for learner drivers. I am always on the look out for new defences, although I am not surprised that the defence of a man charged with drink-driving was recently rejected by the court who concluded that the consumption of more than seven pickled eggs at one sitting was, whilst foolish, decidedly not an excuse for being over the limit.

I hope that when Simon Stevens the current Vice-President takes up the reins later in the spring he will be able to progress some of the initial steps which we have taken. He will have the benefit of working with the new Administrator, Julia Saunders, who will begin work in the next few months taking over the reins from our current Administrator Peter Ball when he retires at the end of May. Our junior lawyers go from strength to strength, having massively increased membership over the last year and they are moving forward with lots of exciting initiatives including membership and discount cards and will be providing drive and impetus to our plans to update and change the Society’s digital face to the world. The criminal lawyers amongst our members are currently engaged in a waiting game with the Legal Aid Agency to determine the extent of any proposed future cuts and we must share with them the anxiety that they face over further possible reductions to the services which they are able to provide. In the hope of providing some distraction from such serious topics we have organised an evening meeting for criminal advocates with members of the

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Council Member’s Report My report is inevitably overshadowed by the resignation of Catherine Dixon, the Chief Executive of the Law Society, in exasperation at the slow progress being made to reform the governance of the Law Society. Reform is badly needed. At present Council does not have the means to exercise proper control over the Executive, a disaster when something goes wrong. Veyo is the classic illustration of this. As I wrote last March (after Veyo, but before Council has received Nicola Nicholls’ recommendations on governance) we need a small “hands-on” group controlling things for Council and, through Council, the profession. Council has voted by a large majority for such a board to be created. Unfortunately some of the ‘old guard’ prevailed (by one vote) in suggesting that the new board should not be formed until other aspects of reform had been settled. I think this is a great mistake and sends all the wrong signals. However at the end of the day we need to get it right, and if that takes longer than I and others would like, so be it. It is easy (and in an ideal world correct) to say that Council is too large and unwieldy. However

it is vital that the link between Chancery Lane and the profession provided by Council members is maintained and it is difficult to see how this can be retained if Council is too small. Your Committee was very supportive of the need for adequate geographic representation when we discussed the issue in November. The danger is that the considerable successes the Law Society has had in various areas in the past 12 months will be overshadowed by all this. To illustrate the extent and benefit of the Parliamentary lobbying that goes on all the time, there were no fewer than 160 references to the Society in Hansard last year. An example of the considerable success achieved was protecting professional privilege, which was greatly threatened by the Investigatory Powers Bill. Responses were submitted to well over 100 consultations. With so many people and organisations wielding power without the necessary knowledge to exercise it, such responses are vital and extreme vigilance is required at all times to try and avoid nonsenses. The Law Society, through relevant members

of the profession, is having significant input into Government on the issues arising from Brexit. The Government is genuinely listening to what we say and forming its plans accordingly (even though we do not yet know what those plans are!) Nearer home, the Solicitors’ Brand campaign and the online tool “My Law Society” are receiving a favourable response. These are just a few examples of the very necessary daily efforts that go into supporting and protecting all Solicitors and give the lie to the view that the Law Society is a waste of time, however exasperating some aspects of its operation can be from time to time. As ever, I would be more than happy to receive comments on these and any other matters of concern from individual members or on behalf of firms, the better to represent your views (as opposed to my impression of your views) at Council – my contact details are on p4 of this Bulletin A very happy and prosperous New Year to you all. Michael Williams Law Society Council Member

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DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2017

Area

Course Title

2017

CPD Hours

Date

2017

Level*

Venue

2017

Book Via**

2017

Wills, Probate

EU Succession Regulations Explained

02/03/2017

Intermediate

Derby

CLT

Residential Property

Unregistered Conveyancing a Necessary Competence for Property Lawyers

16/03/2017

Update

Derby

CLT

Wills, Probate

Advising & Planning with the Residence Nil-Rate Band

07/04/2017

Introduction

Burton upon Trent

CLT

Civil Litigation

Litigation Drafting - a Comprehensive Guide

14/06/2017

Foundation

Derby

CLT

Family

Family Law Update 2017

21/09/2017

Update

Chesterfield

CLT

Commercial Property

Commercial Property Update 2017

28/09/2017

Update

Derby

CLT

Residential Property

Conveyancing Update 2017

19/10/2017

Update

Derby

CLT

Family

Business Assets in Divorce Masterclass

tbc

Intermediate

tbc

CLT

Details of dates and venues where not shown, and of further courses, will be added in due course KEY * ** ** **

Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR on 0121 355 0900 For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL on 01283 815030. FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE

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

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Legal Training & Education Attention JUNIOR LAWYERS, PARTNERS &TRAINING PRINCIPALS L E G A L S K I L L S T R I AT H LO N 2 0 1 7 The Legal Skills Triathlon continues to be one of Derby & District Law Society’s most successful and worthwhile events. Held in association with Derby Law School at the University of Derby, entrants will be competing for the Jubilee Award and cash prizes.

Where and when? The event is to be held on Wednesday, 8th March 2017 at Derby Law School at One Friar Gate Square in Derby (‘OFGS’).

What does it involve? Successful applicants will be partnered with a law student from the University’s Law School to form a team which will take part in a 1 day test of 3 key legal skills. The team must conduct a client interview, make a court application and participate in a negotiation meeting based on materials provided on the day. In respect of the Advocacy, details of the relevant law will be provided. Lateral thinking, commercial awareness and skills performance take priority over knowledge of law. A panel of local practitioners and law lecturers will judge the event. Monetary prizes will be awarded for: Best Team Overall

1st - 2nd - 3rd -

Outstanding Individual Advocate

£350 (£175 each) £250 (£125 each) £200 (£100 each)

Partners and Training Principals – encourage your junior lawyers to enter. This is an invaluable chance to improve their abilities and confidence thereby increasing their value and profitability to you… and it’s free. This event, now in its 11th year, has received high praise from all quarters including the Solicitors Regulation Authority. All past entrants have said how enjoyable and rewarding an experience it was – and several past student participants have obtained offers of employment; 2 past winners now sit on the Society’s Committee!

Who can enter? Trainee solicitors, and newly qualified solicitors with up to 12 months’ PQE. Paralegals/legal clerks and legal executives with up to 2 years’ practical experience.

How do I apply? Complete the accompanying application form and send it to Sue Jennings at Ethel Villa, Trent Lane, Weston on Trent, Derby DE72 2BT or alternatively scan and send your completed form to S.Jennings@derby.ac.uk There are only 8 places for junior lawyers so submit your applications as soon as possible. The deadline is 20th February 2017. Successful applicants will be notified by email by no later than 28th February 2017.

£150

Outstanding Individual Interviewer

£150

Outstanding Individual Negotiator

£150

All participants will receive a Book Token to the value of £15. There will an Awards Ceremony, also at the Law School, immediately after the event from c.5.00 pm, followed by Judges’ Question Time, an annual event where a panel of our local judges answer your questions. The day will end with D&DLS’s Reception for Newly-Qualifieds and Trainee Solicitors with drinks and nibbles, to which all firms entering a team and any other interested parties are invited.

Why should I take part? The Legal Practice Course is often criticised by trainees and Training Principals alike for not teaching sufficient negotiation and advocacy skills, and the opportunities for cutting one’s teeth in court are now more limited. For junior lawyers, these are essential skills for whichever legal discipline you choose. The Triathlon offers a unique and exciting opportunity to practice and hone these key legal skills in a realistic and competitive setting. Your participation will improve your confidence, value to your firm, career development, promote your firm - and you have the chance to win up to £325.

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We are a well established practice in Derby and have an exciting opportunity to expand our team and are seeking to recruit a RESIDENTIAL CONVEYANCER. Applicants should be client-focussed and have experience of working through all aspects of a property transaction including freehold and leasehold sales, purchases and remortgages, help to buy transactions and plot sales and purchases. Salary negotiable according to experience. Covering email with CV by 31st January 2017 to: hm@aandco.co.uk

APPLICATION FOR SKILLS TRIATHLON DERBY & DISTRICT LAW SOCIETY IN ASSOCIATION WITH DERBY LAW SCHOOL DATE OF TRIATHLON:

8th March 2017

VENUE:

One Friar Gate Square, Derby Law School, University of Derby

DEADLINE FOR SUBMISSION OF APPLICATION: 20th February 2017 NAME: FIRM/ORGANISATION: ADDRESS:

TELEPHONE: E-MAIL: Position held at firm/organisation: Expected date of qualification as solicitor: OR Date of qualification: OR Length of experience in your role as legal assistant/paralegal: WHY DO YOU WANT TO TAKE PART IN THIS EVENT AND HOW DO YOU THINK IT WILL BENEFIT YOU? This statement may be used as a tie break in the event of more applicants than places.

Signed:

………………………………………………………………………………………………

Dated:

………………………………….

Please scan and email this completed application form to Sue Jennings at s.jennings@derby.ac.uk or post it to her at Ethel Villa, Trent Lane, Weston on Trent, Derby DE72 2BT to reach her before February 20th.

www.derbylaw.net

Social Annual Dinner 2017

Although details have yet to be confirmed as the venue have yet to forward costed menu options, please make a note in your diary that this year’s Annual Dinner will be on Friday April 28th, at the iPro Stadium. Andy Cash is already preparing a blockbuster speech, and recruiting 2 other speakers of note to keep us all entertained at what will be Peter Ball’s final Dinner as organiser, so he hopes to see many familiar faces from both recent and past Dinners at his ‘Farewell event’. The trend in the past 2-3 years has been for numbers to increase slowly but steadily and it would be nice if this could continue. As the Bulletin only comes out every 8 weeks I will email all members with fuller details once confirmed, and include these plus a booking form in the March issue which will be out in the middle of the month, which will still be 6 weeks in advance of the Dinner itself, so in the meantime please begin to give some thought to your guest-lists.

Property News Derbys / Staffs. Land Charges update w.e.f Jan 1st 2017 To help you in the New Year, Local Land Charges in Derbyshire and Staffordshire are sending you the Winter/Spring Edition 2017 of our ‘Information Sheet’. Unfortunately this issue has been delayed due to the announcement last week by HMRC that VAT must be charged on the Con29 element of search requests. To complicate matters, HMRC also announced that any Local Authorities who will not be ready to implement VAT on the 1st January 2017 can work to a revised implementation date of the 6th April 2017. The fee column confirms which Local Authorities will be implementing the VAT increase from 1st January 2017. The Sheet also contains contact details, together with the services each Local Authority provides. Members of the Local Law Societies have found the form a huge time saver when purchasing an Official Local Authority Search and I hope you do too.

www.derbylaw.net

Please do not hesitate to contact me in the New Year if you need any further information. Kind Regards Caroline Frankland Local Land Charges Manager Legal and Democratic Services East Staffordshire Borough Council PO BOX 8045 Burton upon Trent DE14 9JG For General Enquiries: E-Mail locallandcharges@eaststaffsbc.gov.uk

Land Charges 2017 Guide 1st January 2017 Winter/ Spring 2017 Edition Name of Local Authority Amber Valley

Bolsover

Cannock Chase

Chesterfield

Local Land Charges Contact Name and Telephone Number

Contact

Elaine Bonser

land.charges@ambervalley. gov.uk

Telephone

01773 841357

Website

www.ambervalley.gov.uk

Contact

Helen Cropper

helen.cropper@bolsover. gov.uk

Telephone

01246 242415

Website

www.bolsover.gov.uk

Contact

Tracie Clarke

locallandcharges@ cannockchasedc.gov.uk

Telephone

01543 464411

Website

www.cannockchasedc. gov.uk

Contact

Lisa Fretwell

local.searches@ chesterfield.gov.uk

Telephone

01246 345303

Website

www.chesterfield.gov.uk

Contact

Wendy Wignall

landcharges@derby.gov.uk

Telephone

01332 641006/ 640805

Website

www.derby.gov.uk/ landcharges

Contact

Debbie Spencer

debbie.spencer@ derbyshire.gov.uk

Telephone

01629 538650

Website

www.derbyshire.gov.uk

Contact

Mark Sanderson

landcharges@ derbyshiredales.gov.uk

Derby City

Derbyshire CC (Highway Enquiries only)

Derbyshire Dales

East Staffordshire

High Peak

Email Address and Website Address

Telephone

01629 761270

Website

www.derbyshiredales. gov.uk

Contact

Caroline Frankland

locallandcharges@ eaststaffsbc,gov.uk

Telephone

01283 508738

Website

www.eaststaffsbc.gov.uk

Contact

June Hammond

land-searches@highpeak. gov.uk

Telephone

01298 28460

Website

www.highpeak.gov.uk

landcharges@lichfielddc. gov.uk

Contact

Stephen Earp

Lichfield

Newcastle under Lyme

South Derbyshire

South Staffordshire

Telephone

01543 309650

Website

www.lichfielddc.gov.uk

Contact

Caroline Horne

landcharges@newcastlestaffs.gov.uk

Telephone

01782 742232

Website

www.newcastle-staffs. gov.uk

Contact

Diane Grice

land.charges@southderbys.gov.uk

Telephone

01283 595 851

Website

www.south-derbys.gov.uk

Contact

Denise Blower

landcharges@sstaffs. gov.uk

Telephone

01902 696 116

Website

www.sstaffs.gov.uk

Contact

Kay Weston

landcharges@staffordbc. gov.uk

Telephone

01785 619 534

Website

www.staffordbc.gov.uk

Contact

Debbie Bailey

land.charges@ staffordshire.gov.uk

Telephone

01785 854 882

Website

www.staffordshire.gov.uk

Contact

Jacqui Carr

Land.charges@ staffsmoorlands.gov.uk

Stafford

Staffordshire CC (Highway Enquiries only)

Staffordshire Moorlands

Stoke

Telephone

01538 395 470

Website

www.staffsmoorlands. gov.uk

Contact

Sharon Fern

land.charges@stoke.gov.uk

Telephone

01782 232 775

Website

www.stoke.gov.uk/searches

Contact

Ann Hickman/ Angela Stringer

locallandcharges@ tamworth.gov.uk

Tamworth Telephone

01827 709 257

Website

www.tamworth.gov.uk

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The Secret to Profitable Conveyancing Conveyancing events that look at maximising profit through innovation To increase profits in such a competitive market, busy law firms must maximise efficiencies when processing conveyancing work and generate new business wherever possible. LEAP, a leading cloud software provider for small law firms, is hosting two seminars, one in London at Microsoft’s headquarters and one at the Manchester Art Galleries, on how law firms can improve business profitability. These free to attend events look at how putting effective methods in place to convert incoming conveyancing enquiries into new business and increasing the use of cloud-based software, can hasten the conveyancing process, so generating efficiencies and greater profits. In addition, the event will look at ways to improve profitability by removing the reliance on panel managers and their resulting commission. Keynote speaker Ian Cooper, author of the Financial Times Guide to Business Development, will provide advice based on his recent major survey on ‘Converting Telephone Enquiries: Residential Conveyancing.’ The survey and subsequent report is a comprehensive review of the way residential conveyancing firms and departments deal with conveyancing requests. It is based on reviewing the results of mystery calls for quotes to 387 firms nationwide; interviews with senior management from residential conveyancing departments in over 100 firms

and feedback from over 1,000 call handlers. Amongst the findings, the study shows that: • Over 85% of firms seem to treat ‘residential conveyancing quotes’ as a purely ‘low level’ administrative task. • 91% of firms make no attempt to differentiate themselves from competitors, either during the telephone enquiry or in any follow up email. • In over a third of all calls, neither party knew who they were talking to, as the caller’s name was not taken and the call handler had not introduced themselves and in 97% the call handler failed to either ask if the caller wanted to go ahead, even when the caller responded positively to the quote.

“The truth is that the majority of firms condemn themselves to the inevitability of quotes conversion failure.” says Professor Cooper. “The report reveals the main reasons for failing to convert. We looked at a number of key areas, including telephone techniques; how disbursements are dealt with; email follow up quoting; pricing; opening hours; competition from online website conveyancing operations; tracking results; who handles the calls”. Benefits of attending the LEAP seminars include:

Hear from Professor Ian Cooper’s on

‘Finding the missing millions: Converting telephone enquiries for conveyancing quotes into profitable business’ Learn how to generate extra revenue from experts in the field and leading conveyancing software suppliers including LEAP, InfoTrack, Microsoft and Perfect Portal. Explore how the innovative use of technology within the conveyancing market is helping law firms to work more efficiently. Identify how to grow your network of referrers and market your services directly to estate agents, mortgages and the public at large without the need for a panel manager. Take part in an interactive discussion that examines how cloud technology is changing the way law firms practice conveyancing. To find out more and register for the event today: London, Microsoft Headquarters, 232-2017, 15:30 – 18:00

https://innovationeventlondon2017. eventbrite.co.uk Manchester Art Galleries, 20-4-2017, 15:30 – 18:00

https://innovationeventmanchester2017. eventbrite.co.uk

LawWare joins the LSSA (Legal Software Suppliers Association) The LSSA is delighted to announce its newest member is LawWare Ltd. LawWare is the third legal software firm to join the LSSA in 2016. As the UK’s industry body for legal systems developers and vendors, the LSSA sets and maintains professional standards within the industry and manages areas of mutual interest between lawyers and software providers. LawWare provides practice management technology to hundreds of legal practices

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in the UK. With offices in Edinburgh and Manchester LawWare improves the efficiency of law firm staff by making it quicker to achieve tasks. LawWare Managing Director, Warren Wander comments: “Together with the LSSA, LawWare is about to celebrate 20 years in the legal software industry. To mark this key milestone, we are very pleased to join the LSSA to raise our profile even further in the English marketplace and enjoy the benefits of a close association

with other likeminded legal technology providers. Over the last 5 years we have experienced tremendous growth and LSSA membership will add greater credibility and weight to our brand.” Chairman of the LSSA, Julian Bryan comments: “With its pedigree, LawWare is a very welcome addition to the LSSA membership. We are very much looking forward to working with the LawWare team to help shape the future of legal technology in the UK.”

Has your expert still not been in the hot tub yet? We in the litigation industry have talked for some time about hot tubbing, an idea which Lord Justice Jackson hoped we might adopt. In fact, the first blog I posted in 2012 on what was then my new website at http:// chrismakin.co.uk/blog/concurrent-evidenceChris Makin expert-witness/ was on this very subject. It even included a picture of me and a couple of young relatives in what was then our new jacuzzi. Worth a peep? Yes, sad, I know.

• But hot tubbing does not solve the problem of one expert being the dominant character. Indeed, the dominant expert may be so persuasive, and the shy expert so cowed, that all the evidence goes the same way. I recall a case of the two medical experts giving evidence on expected working lifetime of the PI claimant, where one had been the professor of the other, who was certainly cowed, and who resiled from his evidence in the witness box. My quantum evidence of net earnings was agreed to the penny by the trial judge, but after the professor’s evidence the multiplier was so stingy that the Part 36 offer was not beaten. And, of course, that proved very expensive to the claimant.

Hot tubbing is more properly termed concurrent evidence, and is an arrangement where at trial two (or more) experts are put into the witness box together, and where the judge or arbitrator chairs a discussion between them. Counsel for claimant and for defendant can put questions to either expert, so can the judge, and the experts can even ask questions of each other. And at last, I can confirm that I have given hot tub evidence, and that it worked superbly well.

So to conclude, as with so much in litigation, the choice of expert is so important, and there is no substitute for experience. And from a seasoned expert who can now profess hot tub experience, I can say that experience is even more important than before.

This was an arbitration concerning an international loss of profits claim arising from allegedly defective goods. We apposing accountancy experts had worked together closely, and very amicably, during our meeting of experts and production of the joint statement and, whilst there were some areas on which we fundamentally disagreed, the areas and reasons for disagreement were well known to us both. The arbitrator, an American lady, was a CPA who took a close interest in our evidence, and it became clear that she knew more about our subject than did opposing counsel.

Biog: Chris Makin is one of only 30 or so chartered accountants to become an Accredited Forensic Accountant and Expert Witness – www.icaew.com/forensicaccreditation/register. He is also an accredited civil & commercial mediator and an accredited expert determiner. He has given expert evidence at least 100 times and worked on a vast range of cases over the last 28 years. For CV, war stories and much more, go to www.chrismakin.co.uk.

With this background, the concurrent evidence was fairly brief and extremely amicable. We experts answered questions of the arbitrator and of each other more than of opposing counsel and, whilst neither of us changed our opinions by much, we left the arbitrator with some very clear decisions to make. When considering your choice of expert, here are a few things to bear in mind: • Per PD35 at 11.1, “At any stage in the proceedings the court may direct that some or all of the experts from like discipline shall give their evidence concurrently…” So you do not know if, or when, your expert may be called into the hot tub. Choose an expert with experience. • “At any stage” even includes the interlocutory stage. With the above arbitration, we experts were called to appear before the arbitrator to explain what we had agreed in our discussions, even before we had produced the joint statement. We were both experienced experts, and were able to reassure her that she would see our fully reasoned joint statement which would be helpful to her, but that until it was signed off by us both, everything was without prejudice. So we declined to tell her how we were getting on. Less experienced experts may not have the “bottle” to stand up (respectfully) to such probing. • Concurrent evidence does to an extent provide equality of arms. In conventional proceedings it often happens that one expert is mid-evidence and therefore in purdah, whereas the other is free to continue giving help to counsel in cross-examination. That doesn’t happen in the hot tub; once it starts, both experts are in the tub (and equally wet!).

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So would you like me to help your client in that missionary pot?

Research sheds new light on charitable legacies New research launched today at the Law Society provides valuable insights into how solicitors can help their clients use their wills to support charities. Commissioned by Remember A Charity and conducted by the Behavioural Insights Team (‘Nudge Unit’) and the University of Bristol, the research has examined the way that solicitors raise the issue of clients leaving money to charity in their wills. It highlights the impact of different approaches and how these produce different results in charitable giving.

‘Writing a will is an important step in ensuring that the people, and causes, we have cared about will be properly looked after when we pass away.’ said Law Society president Robert Bourns. ‘Solicitors have a vital role to play in this process, using our legal knowledge and experience to give our clients the reassurance that their wishes will be properly carried out. This research makes an important contribution in helping solicitors think about how we give our clients the best possible support and service in the willwriting process.’

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The research was conducted using randomised control trials in eight firms of solicitors around the United Kingdom. It tested a range of ways of raising the subject of charitable giving, and shows the different results that each produces. Findings of note from the report include that: Solicitors felt able to raise the issue of leaving money to charity in discussions with their clients comfortably and appropriately Clients who were told that many people bequest money to charity in their wills were 40 per cent more likely to do so themselves when writing their first will, and Clients with families may be more inclined to leave a legacy when asked if they wanted to leave to charities that their family had previously supported or benefitted from. Rob Cope, director of Remember A Charity, said: ‘Legacy giving has become increasingly important to UK charities in recent years, generating around £2.5 billion for good causes annually and its impact on charitable services is immense. But, despite being a highly philanthropic nation, a relatively small proportion of people leave a charitable bequest in their will.’

‘Many simply don’t realise that legacy giving is an option for them; that they can provide for family and friends and still have the opportunity of including a charity if they wish to do so. The role of legal professionals is crucial in making clients aware of all the opportunities they might want to consider when writing a will.’ The research also surveyed the public on their views about solicitors raising the issue of leaving to charity when helping a client write their will. This survey showed 69 per cent of people indicated that they would be happy for their solicitor to raise the issue, and 46 per cent thought a solicitor had ‘a duty’ to raise the option of such a legacy giving when discussing a will.

‘We know that there’s a big gap between the 35 per cent of people who say they want to leave a charitable legacy in their will and the around six per cent of people actually do,’ said Robert Bourns. ‘By improving our understanding of how to raise this important question, solicitors will be better equipped to assist our clients in drafting a will that properly reflects their wishes.’

YHA Breaks for Kids - delivering positive life changes for young people in the Peak District and beyond. You can change a young disadvantaged life for the better through your legacy... YHA is a long established charity with young people at the heart of its mission and vision. We exist to change lives. We deliver positive, powerful outcomes for young people and create memories which last a lifetime. Every day we see the very real heart breaking impact of poverty, illness and disadvantage on children and young people. It has a devastating and lasting impact on health and wellbeing, education, future prospects and on communities. Our â&#x20AC;&#x2DC;Breaks for Kidsâ&#x20AC;&#x2122; programme helps young people with difficult lives be part of their group activity trip rather than left behind at home. Within Derbyshire we have some exciting hostels, where with the support of Breaks for Kids, young people taste independent

travel and real adventurous experiences away from their normal environment, where many are coping with traumatic personal circumstances. A short trip with the support of Breaks for Kids promotes belonging as well as personal responsibility, self-confidence, team involvement and a sense of adventure. Enhancing life skills which are crucial for the betterment of the sometimes lonely disadvantaged young people that Breaks for Kids supports. Please help us to continue to improve young peopleâ&#x20AC;&#x2122;s lives by supporting YHA Breaks for Kids now. You can ensure better futures for some of the estimated 25,000 young people throughout Derbyshire living in poverty and other disadvantage through your legacy gift.

For further information about leaving a gift in your will contact The Fundraising Manager, YHA England & Wales, Trevelyan House, Dimple Road, Matlock, DE4 3YH or telephone 01629 592720 quoting reference DDLS1

www.yha.org.uk

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Helping generations of local people enjoy a brighter future For many people, after they have taken care of friends and family in their Will, leaving a legacy to a community that they care about or a cause that is close to their hearts can be one of the most generous and effective ways of giving. However, local charities are often smaller and less well known than their national counterparts and for clients that want to support people and issues closer to home it can often be difficult to know who to support and how to reach them, by the time a legacy takes effect. Foundation Derbyshire offers a simple way for your clients to bequest money to their local community, safe in the knowledge that we will deliver their charitable objectives with care and diligence in perpetuity. A gift of any size will make a huge difference to the work of the Foundation and with a legacy gift of £10,000 or more your clients can set up a Named Fund and decide how they wish the proceeds from their Fund to be used. For instance, fund income could be used to help people in the area where they lived, people facing a particular problem, or to support a field such as the arts, amateur sport or education. Or your clients could leave it up to the Foundation’s Trustees to use the income to meet the most pressing needs in the community. Instructions can also be left to distribute income to specific favourite charities on the basis that we would redirect the income to other organisations that best match your clients’ interests, if for any reason these entities close down in the future.

We welcome legacies of all kinds (including Pecuniary, Specific, Residuary and Reversionary) and our commitment to building a sustainable multi-purpose endowment for Derbyshire means that we will be here to receive your clients’ legacies and deliver their charitable wishes in perpetuity. And as legacy gifts are exempt from inheritance tax, a gift to Foundation Derbyshire could reduce the total amount of tax paid on a client’s estate. We would be pleased to work with you and your clients to help them plan the best way of fulfilling their charitable wishes.

For further information, please contact Rachael Grime, our Chief Executive, on 01773 525861 or at rachael@foundationderbyshire.org. Foundation Derbyshire at a glance • Helping donors support the local causes they care about since 1996 • In-depth local knowledge of community issues and needs • Tailored service to reflect an individual’s charitable and financial interests • Building a multipurpose endowment (currently worth over £6 million) to benefit the people of Derbyshire in perpetuity • A registered charity, which enables donors to make the most of any tax advantages available • Grant application, assessment and monitoring processes that ensure our donors’ money reaches those that need it the most

Embrace your local community and find a new and exciting way to give with Foundation Derbyshire. W

e invest in local activity here on your doorstep, in the towns and villages that you call home and where you work, raise your families, employ people or are enjoying your retirement.

new operating name for Derbyshire Community Foundation) now manages endowment funds of over £6 million and has made over £14 million of grants across Derbyshire.

Whether you are an individual, business or a family, your passions and concerns can be transformed into grants to groups that are working on the ground in Derbyshire and making a vital difference.

It’s our donors – businesses, individuals, trusts and families who make this possible. Proud to be investing in their local communities, our donors use the Foundation’s local knowledge to support the issues that they care about and reach groups and projects that so desperately need their help.

No matter how large or small your gift, let us help you start your very own philanthropic journey today. Several methods of giving are possible. Please visit www.foundationderbyshire.org to find out how you can make a difference. Established in 1996, Foundation Derbyshire (the

Foundation Derbyshire carries the UKCF Quality Accreditation, which is formally endorsed and recognised by the Charity Commission for England and Wales, encourages best practice by Community Foundations across the UK and has been held by Foundation Derbyshire since 2007.

Foundation Derbyshire Unit 2, Heritage Business Centre, Belper, Derbyshire DE56 1SW e: hello@foundationderbyshire.org

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t: 01773 525860

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A Recently These

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Cyber Crime – What is our exposure? For many Law firms across the UK, the first quarter of 2017 will be a time for budgeting and reviewing the opportunities and threats presented to the firm. One such threat which continues to be reviewed by many firms is the risk of a “Cyberattack”. The threat of a Cyber incident is current and it is real. Should you become a victim of an attack it will have a financial impact to your business, so why not hope for the best, prepare for the worst! Whilst we can’t always predict the future, we can plan and make preventive steps. Dependent on your attitude to risk, the inevitable cost to your business would be either pre-emptive or reactive:Pre-emptive; Cyber Crime Insurance Premium?

the proceedings is vital, as well as preserving evidence for any future criminal investigation. Look at the period of Insurance and whether it covers prior incidents. Malware and other Viruses can sit in your systems for weeks, months or even years. Have your systems already been breached? How would you know? Look for retroactive cover. This would give you the comfort that the unknown is covered. In our opinion relying on your Professional Indemnity to respond appropriately to a modern Cyber-attack may not be the best approach as the policy was not designed to respond in this way. A specialist Cyber insurance policy should be considered and potentially structured to sit as First Response or Primary Layer cover to not only first party claims but also third party, if possible. Have you asked yourself these questions?:-

IT Protection Cost?

• Are you ready for a breach – do you know how you’ll respond?

Fraud Prevention Training?

• Do you have a Business Continuity Plan and a Cyber Plan – have you tested it?

Reactive:

• Have you considered what to do in the event of a ransom demand? Cost of IT Specialists?? Cost of Ransoms through Ransomware??

• Would you know what to do to preserve the scene ahead of any police criminal investigation?

Cost of Reputational Damage??

• Do you know how the GDPR will affect your business in 2018?

Cost of Business Interruption?? Each of the above have a varying financial impact, however it is only the pre-emptive measures that you can financially control. The fact remains, most Law Firms are dependant on their IT providers to ensure they have adequate security, but do they guarantee support if your systems are breached? Is it complimentary, or would they charge? We have seen scenarios where a firm has to spend tens of thousands on recovery. The effort and, most crucially, the time involved to retrieve, repair and cleanse your system could be severe. Should you take the decision to transfer some of the risk via a Cyber insurance policy, it is vitally important that you are fully aware of exactly what is covered and, crucially, what needs to happen to “trigger” that coverage. There are various policies within the market-place, not all necessarily provide the protection the policyholder believes they do. Certain Cyber insurance policies are structured to offer a suite of breach response services that are so crucial when the firm falls prey to a Cyber incident. The policies will pay for the IT forensic investigation costs needed to determine what information has been compromised and look to remedy the problem. Furthermore, there is also the support of a PR company. They serve the purpose of helping the firm manage any adverse media that may occur – this is becoming far more pertinent in the ever-increasing social media world in which we live. Access to specialist legal advice should also be available. This will help in the process of deciding whether or not you should notify affected clients, the regulator and the police. Extending Privilege to

At the other end of the size scale is the ongoing “phishing” and “whaling” fraud through the use of Social Engineering which continues to burden finance teams in all organisations. Professional Service firms have suffered heavily from this type of attack vector. This was highlighted by a recent survey undertaken by the UK accountancy firm, Hazlewoods. The survey concluded that “phishing attacks” against professional service firms were up 40% in the past 12 months. Cover for Cyber theft of money from “phishing” and “whaling”, such as highlighted above, is still available from some Cyber insurers however it is generally sub-limited and remains under review. With all of these questions, you should be seriously considering purchasing a Cyber insurance policy. At the very least, you should complete a Cyber insurance Proposal Form, as it would provide a good gap analysis to your business.

Lee Catling Vice President, Professions/Risk Solutions A division of Lockton Companies LLP

Lee provides day to day guidance on all issues affecting Law firms from PI insurance to other related topics. LC has over 25 years’ experience in the industry having come from the Solicitors Indemnity Fund. Lee joined Lockton, formerly Alexander Forbes in 2003 in the Professions Division and is a Vice President with the Solicitors team. Specialist Experience - Professional Indemnity, Cyber Liability, D&O, Keyman, Contingency Insurances.

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Professional Indemnity Insurance provides vital protection for clients and solicitors Professional indemnity insurance (PII) is necessary and appropriate to protect clients and firms, the Law Society said today in response to statistics on PII claims published by the Solicitors Regulation Authority (SRA).

‘Solicitors’ professional indemnity insurance is one of the most important protections for clients, and it maintains public trust and confidence in the solicitor profession,’ said a Law Society spokesperson. ‘PII offers comprehensive indemnity to solicitors, and strong protection and redress for clients. On the rare occasions that something goes

wrong, solicitors and their clients know that they will be protected.’ ‘It is important that the SRA’s PII regime is reviewed on a regular basis, but any proposed changes need to ensure the right balance between protecting consumers, protecting solicitors and promoting a competitive insurance market which enables affordable PII costs for firms.’ ‘PII is a complex market and gathering comprehensive data on claims is difficult. We appreciate the SRA’s efforts to gather data on PII claims patterns to help inform thinking on the PII regime. We look forward to investigating the data in more detail.’

Annual Bar Conference and Young Bar Conference 2016 Saturday 15th October 2016 at Westminster Park Plaza, London A short review by Phillip Taylor MBE, Richmond Green Chambers

criticised for not given sufficient support to the Judiciary over the little matter of use of the royal prerogative.

A FUTURE BASED ON DIGITAL PROCESSES Phew! It is over now but what a lot was crammed into the hectic day. The figures speak for themselves: 590 attendees; 23 specific sessions from Brexit (of course) to online courts and dispute resolution; 22 exhibitors (all the usual suspects in attendance); the awards and the excellent winners; and the launch of the “Wellbeing at the Bar Portal”. In addition, for all those interested there was the Conference hashtag #BCYBC16 which I did try to use but became baffled quite quickly, as I did with Twitter (as usual). THE CONFERENCES The one thing about both the main Conference and the Young Bar Conference is the continuing amount of choice available which gives attendees valuable variety of what to participate in. It aims, and succeeds, in catering for a very wide topic range with the ‘break-out’ specialist sessions when we are released from the full gathering. The introductory sessions contained all the information we were expecting and the Bar Chairman, Chantal-Aimee Doerries QC, painted a most balanced picture of where we are today with the biggest and most pressing issues barristers face. Chantal has done a great job this year and was confronted shortly after the Conference with more headline making when the Lord Chancellor was

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And the Chairman of the Young Barristers’ Committee, Louisa Nye, gave us a particularly impressive performance at a most troubling time for younger counsel covering her two themes: technology and Brexit. We could not get away from either subject then, or now as we enter 2017. TAKING THE JUDGE TO THE USER Summing up this 2016 Conference is quite simple because the dominant topic throughout for most of us is the changing technology and the current upheavals taking place. For me the two most succinct contributions came from two senior Lord Justices of Appeal: Adrian Fulford and Ernest Ryder. One can only scratch the surface in a short appreciation of this year’s Conferences but these two appeal judges hold much of the responsibility for the immediate future of the Bar. They are both at the forefront of dealing with ‘computerisation’ or ‘digitisation’ if you prefer, of our systems to bring the legal profession up to date for the 21st century. And it was to their speeches that many will turn, not just at the Conference but afterwards as we grapple with the greatest changes since the Judicature Acts. There was much to commend the 2016 Conferences by way of basic current information, and the frank exchange of views from the specialist sessions where the past lack of digital

investment remained a common observation. It is to be hoped that 2016 which be a turning point for the Fourth Industrial Revolution we have just entered and the fears for the future eased by what we heard at Park Plaza. ONLINE COURTS The Conference reports would be incomplete without a generous mention of Michael Briggs and his two reports on online courts: they will happen and things will be different. The final version of the Briggs Report is now with us and its content was a major talking point in the coffee area (amongst other things, of course). We have a way to go with full online implementation but the recurring theme (and it is not a platitude) of online change “to improve access to justice” which will “strengthen rather than dilute the rule of law” will be reality much quicker than we think if Fulford is to be believed: and I do believe him because we seem to have made palpable progress this year after a period of digital stagnation. Our future is in digital processes taking the judge to the user and, no, I don’t subscribe to the gloom of my colleague, Richard Susskind, because it is never the end of lawyers… only a new digital beginning where the rules will be rather different sooner rather than later. And I bet they said that with the Judicature Acts 19735 all those years ago! Thank you to all for a most invigorating Conference season this year, Brexit or no Brexit, as we are at a legal turning point.

Flood risk – are you getting the full picture? The risk of property flooding often crops up in conveyancing articles but, when we look at the pattern of conveyancing searches our clients are ordering, we notice that around 80% of orders we receive do not include a thorough flood assessment and details on insurability.

Law Society Practice Note The Practice Note on flood risk was updated recently (February 2016) and full details can be found on the Law Society website. The Practice Note highlights that different parties will have different appetites for risk, but that conveyancers should consider:

1. advising the client to establish the terms on which buildings insurance, including flood risk cover, is available; 2. advising the client to discuss the level of risk with a building surveyor or flood risk assessment consultant.

Ensuring that you have the full picture on flood Confusion about the thoroughness of information can arise because a number of different searches include details on property flooding. The information provided ranges from basic flood screening as part of an automated environmental report, through to a full assessment, insurability and consultant opinion in some of the standalone flood reports and more comprehensive environmental reports. Please see the table below for a summary of coverage in a number of different residential conveyancing searches: FLOOD RISK ASSESSMENT

INSURABILITY STATEMENT

CONSULTANT OPINION

Landmark Homecheck Professional Flood

✓

✓ (risk model)

Landmark RiskView Residential

✓

✓ (risk model)

Argyll SiteSolutions Residence

✓

✓ (fully manual)

Groundsure Homebuyers

✓

✓ (risk model)

Groundsure Flood

✓

✓ (risk model)

FLOOD SCREEN

Landmark Homecheck Pro Environmental

✓

Landmark Envirosearch Residential

✓

Groundsure HomeScreen

✓

Note: risk model opinions are automated, whereas a fully manual opinion denotes that the information is manually reviewed by a consultant.

Identifying the likelihood of risk The Geodesys website provides you with a search alert tool that screens properties and land for all conveyancing risks. If there is a likelihood of flooding, then suitable recommended searches will be highlighted within the Geodesys product list to aid conveyancers in their choice of search.

For further details on the different levels of residential and commercial flood information available please talk to Geodesys Customer Services on 0845 070 9109.

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Book Review:

Legal Risk Management, Governance & Compliance

Interdisciplinary Case Studies from Leading Experts Consulting Editors: Stuart Weinstein and Charles Wild ISBN: 978 1 90941 651 2 Globe Law and Business www.GlobeLawandBusiness.com

GLOBAL BRANDS: CASE STUDIES ON RISK MANAGEMENT, GOVERNANCE AND COMPLIANCE – THE LATEST TITLE FROM GLOBE LAW AND BUSINESS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Anyone involved in risk management – and who isn’t these days -- should get this book. In this case, to be precise, the area under scrutiny is legal risk management, together with governance and compliance, as the title indicates. Published recently by Globe Law and Business, this is a collection of articles by internationally recognized experts on carefully selected case studies -- each based on rigorous research

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-- and each a riveting and often sobering narrative of the triumphs and disasters resulting respectively, from triumphantly good -- or disastrously bad -- risk management practices. The salutatory lessons in every chapter amply illustrate what -- and what not to do -- in planning and implementing an effective risk management strategy. The book kicks off with the biggest and most compelling case study of them all – one with world changing consequences and yet to be resolved: Britain’s momentous decision by referendum to exit from the European Union. Editors Stuart Weinstein and Charles Wild, together with Matthew Whalley, refer to it as ‘Brexit and Legal Risk: a Case Study in the Making. It is fair to say that each of the case studies covered holds its own special fascination. Take for example, the scandal of FIFA and the high-profile investigations concerning its governance in which corporate governance is of course, the key issue. Analytically discussed here is the intervention by the U.S. Department of Justice in the form of a 47-count indictment against fourteen Defendants (including one at the top of the tree). The further discussions on compliance issues include an article on aviation safety considerations, including flight path monitoring,

flight into terrain (FIT) and approach and landing (ALA) accidents which, say the editors, ‘have been targeted as being amongst the primary killers in the aviation world.’. (Better not read this if you are planning to fly anywhere any time soon). Compliance issues also arise in the terse and information-rich discussion of the case of the Attorney General of the State of New York v Barclays Capital Inc., a complex matter involving technology-based marketing of securities in contravention of an anti-fraud statute known as the Martin Act. The article describes the ramifications and the consequences, not to mention the eventual costly outcome. With its focus on cases involving big international brands and big money -- and the resulting diverse array of insights and revelations, the book should prove an eye-opener to practitioners, particularly international lawyers and indeed anyone involved in the management of legal risk in both the private and public sectors and the non-profit sector as well. Note also that the book is intended as a case study companion to Globe’s previously published bestseller: ‘Legal Risk Management, Governance and Compliance: A Guide to Best Practice.

The publication date is cited as at 2016.