issue 46 Autumn 2020
Hertfordshire Law Society Gazette
Family Public Law Reform
See page 12 for a guide to the new Family Public Law service Also this issue: • Changes are coming to Public Law • Life of a Lawyer in Lockdown • A trainee Solicitor during Covid-19 • Why the ‘R word’ is banned • Herts Law Clinic goes virtual and much more...
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Contents
Hertfordshire Law Society Gazette
Contents issue 46 Autumn 2020
4
Council Members for 2020
9
Why the ‘R’ word is banned
18
Able Community
5
From the President
10
Life of a Lawyer in Lockdown
21
EWI Virtual Conference
5
‘Changed World’ - Herts Law Clinic
12
Family Public Law Reform
22
‘No Fault’ Divorces to be legalised
6
Changes are coming to Public Law
15
Lawyer or entrepreneur?
24
Professional Indemnity Insurance
7
Creating a standout legal website
15
Paws for thought
26
Free of charge SDLT service
8
A trainee Solicitor during Covid-19
17
British Ecological Society
29
An X-Press service for professionals
8
Herts Law Clinic... goes virtual
17
Video witnessing of wills
30
Software Swap: Protecting your data
Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk
Advertising Simon Castell Managing Editor Jeremy Chandler-Smith
Design David Coffey East Park Studio Accounts Tony Kay
Published: Autumn 2020 Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written
permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.
DISCLAIMER: the views expressed by the writers in this magazine are not necessarily those of the Hertfordshire Law Society
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Council Listings
Council Members 2020 President Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation Vice President Steve Hamilton Taylor Walton LLP (Harpenden) Private Client Hon Secretary and Treasurer Jessica Moseley Debenhams Ottaway (St Albans) Immediate Past President Judith Gower Hertfordshire County Council (Hertford) Local Government
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Members Robert Bedford Machins Solicitors LLP (Luton) Employment Nicholas Belcher Nockolds Solicitors Limited (Bishop's Stortford) Agricultural and Liquor & Gaming Licensing Marilyn Bell SA Law (St Albans) Family David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts
(From January 2019 until 31 December 2020)
Penny Carey University of Hertfordshire (Hatfield) Academic
Gary Smith Nockolds Solicitors Limited (Bishop's Stortford) Employment
Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner
Amanda Thurston Curwens (Hoddesdon) Family
Attia Hussain Crane & Staples (Welwyn Garden City) Family Claire Sharp Debenhams Ottaway (St Albans) Private Client
The Law Society Relationship Manager – East Jack Dunkley Parliamentary Liaison Officer Judith Gower
National Council Member Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation
Hertfordshire Law Society Gazette
Editorial
From the President...
Now that the memories of summer begin to fade, with its period of relaxation in lockdown restrictions, it seems that with the announcement on 12 October 2020 of the 3 Tier Lockdown Plan, it seems that we might be returning to what could be the new normal. It seems that the uncertainties, whether over the pandemic, Brexit and the ups and downs of lawyering (one thing that is ever present), are going to be with us for some time to come.
It has been a very unusual year as President but one not without its positive aspects. Both locally and nationally, the Law Society has continued to represent practitioners in working with the Courts and government to try and keep the criminal and civil justice systems working. The increased use of remote hearings perhaps signals a paradigm shift in how lawyers and citizens will interact with the justice system well beyond the pandemic. A change that many practitioners and lay persons will welcome. The limitations placed on physical hearings, notably in the criminal justice system, where jury trials have been particularly hit due to the difficulties in their being accommodated in an aging and shrinking court estate, may be the catalyst to fundamental change in how justice is delivered. With an ever increasing backlog of cases to be heard and shrinking capacity for traditional proceedings, the pressure to limit the right to jury trials, or to offer alternatives, such as reduced juries and judges either sitting alone or in panels with lay or magistrates, may be impetus to an overhaul in the entire criminal justice system.
The trend for civil matters to be resolved privately rather than in the public sphere, as encouraged by Woolf Reforms, continues and is possibly accelerating as a result of coronavirus. As a civil practitioner, it seems to me that the increasing delay in cases progressing through the courts will be an added incentive for litigants to resolve their disputes through an appropriate form of Alternative Dispute Resolution. Good news for Arbitrators and Mediators and, perhaps, the litigants themselves (although maybe more so for Defendants than Claimants). Whatever happens, it is important that the profession communicates with government and the public over its vital role and contribution to the health and wealth of the nation. Recent rhetoric from the government, amplified in the media, has required a response. Simon Davis, who by general consensus, has done a terrific job as President and, having attended his virtual inauguration on 14 October 2020, David Greene will continue this important work. Other key office holders are Stephanie Boyce, our new Vice President, who brings real energy on Diversity and Inclusivity together with vision for greater legal education in schools and the community, and Lubna Shuja, the new Deputy Vice President. The David’s inauguration followed the Annual General Meeting of the Law Society. This proved to be no ordinary AGM. A resolution was passed with regard to the reduction in the number of geographical seats on the Law Society Council and the increase the number of seats for in-house lawyers, lawyers at early stages in their careers and those with particular characteristics. A further resolution was passed setting a 12-year maximum term for a person to
serve as a Council Member. Both resolutions were keenly debated and culminated in positive votes for each to be put to all members of the Law Society to vote on. With regard to matters closer to home, following the cancellation of our annual dinner this year, there remain considerable doubts as to whether this event will be able to be held in its usual format or at its customary early June in 2021. The Council will keep this under review in the coming months and will update the membership in the new year. Two events which are going ahead are our Annual General Meeting, which is being held remotely on 17 November 2020, and the Hertfordshire Young Lawyers’ Division’s Christmas Drinks event, which will be held by Zoom on 26 November 2020. Having attended its brilliant quiz night earlier this year, it is bound to be a fun evening. Usually, this would be my valedictory piece for the magazine and a time for reflecting on mostly (I would hope) the achievements of a year in office meeting with colleagues, attending social events and promoting the local and national Law Society. That was not to be and it has been a challenging year for all of us in practice. It is a great honour that the Council wishes me to continue as President for a second term and I look forward to better times in 2021. Neil Johnson President, Hertfordshire Law Society
‘Changed World’ – Hertfordshire Law Clinic D
uring the Covid-19 pandemic, statistics have become a part of our everyday life. Every news report gives out frightening numbers of those killed by Covid-19 and graphs and charts which are then utilised by the experts and Government officials to try and decide if they are better or worse than predicted. One set of statistics which seem universally agreed to have worsened during the pandemic is in relation to Access to Justice. Restrictions to our movements, put in place to help with the health of the country as a whole, have had terrible repercussions for some. Lockdown, furloughing and price hikes have increased the number of people in need of urgent legal advice – and whilst the Government was swift to provide financial support for businesses, it has not offered any increase in public funded assistance with legal issues. The variety of advice needed is wide –
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employment queries on furloughing and redundancy; housing concerns about tenancy rights; and desperate pleas for help from victims of domestic abuse who were trapped during lockdown in the same house as their perpetrator. Hertfordshire Law Clinic has been giving free legal advice to members of the public since October 2019 in various areas of law including family and employment. The clinic was organised so the clients could see us for face-to-face meetings on campus or at our satellite clinic at Future Living Hertford - an award winning charity for those in recovery from addiction and domestic abuse. When Covid-19 forced the University to close its campus on 13 March, the Law Clinic staff did not even think about options – they knew they had to seamlessly move online to ensure continuous support for the local community at this difficult time. In a matter of days, they had set up a Zoom account and revamped guides to students and
supervising lawyers. All clients were given the option of changing their face-to-face meeting to an online video meeting, or pushing it back to some unknown date after lockdown. Guess what? The vast majority opted for a virtual meeting so the zoom invites were sent out and we have never looked back. Of course there were some technical glitches and steep learning curves for those not accustomed to speaking to a computer screen, but since the closure of campus in March the clinic has conducted 81 virtual appointments. One of the huge benefits of this brave new virtual world is that we can “see” clients even if they do not live locally in Hertfordshire. In addition to moving to a virtual world, as a direct result of the pandemic the clinic immediately widened the areas of law it advises on in order to answer numerous cries for help from students and other tenants coming to
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Editorial Articles
us with urgent concerns about their housing situations. Diana Kirsch, Director of Pro Bono and Clinical Legal Education, swiftly enlisted the help and support of Ruth Camp, solicitor for housing charity Shelter, and Cheryl Gaunt, housing solicitor for Just for Kids Law, to provide advice regarding housing issues. The new housing clinic has provided advice to 15 clients. Hertfordshire Law School’s Streetlaw students also recently ran a YouTube live webinar with Ruth Camp, providing guidance to students planning to live off campus in private accommodation in September. Hertfordshire Law Clinic was established to enable the law students at the University to gain practical experience of dealing with clients and providing advice, but it has also managed to bridge the gap where there is no longer any legal aid, or someone would simply not be able to afford the services of a solicitor. Many university and other
pro bono law clinics simply shut up shop when lockdown occurred, however, Hertfordshire Law Clinic felt it owed a duty to both its student participants and the local community to carry on. The hard work and dedication of all the students and staff involved in Hertfordshire Law Clinic was acknowledged when the clinic won ‘Best New Pro Bono Activity’ at the LawWorks and Attorney General Student Pro Bono Awards in May 2020. The Law Clinic Administrator Rebecca Howell was also awarded a Herts Hero award by the Hertfordshire High Sheriff for going the extra mile to ensure the smooth transition of the Law Clinic to the online world. Now that the world is slowly getting back to some sort of normality, what are Hertfordshire Law Clinic’s plans for the future? In order to ensure the safety of all the supervising solicitors, students and clients, the clinic will continue to run virtually until at least the end of 2020. However, in light of
the success of the virtual clinic and the flexibility it offers, it is likely that the clinic will continue to offer virtual appointments even when face-to-face appointments are able to resume. In order to build on the success of the clinic’s first year and to further increase access to free legal advice for the local community, Amanda Thurston, Director of Hertfordshire Law Clinic, has exciting plans to launch a mobile law clinic (fondly referred to by Amanda as the ‘Justice Bus’). This initiative would see Hertfordshire Law Clinic students and their supervising solicitors provide pop up legal clinics to rural communities. A recent study showed that people experiencing domestic abuse in rural areas struggle to access legal advice and it is hoped that the new mobile clinic will go some way in addressing this problem. Amanda Thurston
Changes are coming to public law What is changing? ver the past 12 months the Family Public Law project at HM Courts and Tribunals Service (HMCTS) has been testing the first phase of a new digital service for care and supervision applications with Cafcass, a number of local authorities and the respective family courts in pilot sites across the country. The service allows for the online submission and case management of care and supervision applications (C110a form) which will support efficient and effective inter-agency working and enable the process to be conducted digitally from start to finish. On 31 January 2020 the service opened to all legal professionals in those sites and from March 2020, the digital system will be rolled out nationally to the remaining sites, taking a phased approach.
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The digital system allows local authorities to complete and submit a C110a application for care and supervision orders along with the supporting documents required by the family court to issue and progress the case online. Case bundles can be uploaded, annotated and presented in court and standard directions, case management and final orders can all be created within the system from a digital template to increase consistency at a national level. All legal professionals in a case, including parents’ solicitors and Cafcass, will now also be able access orders and confirm the status of individual tasks before a hearing, via the task compliance function. This will better enable early sight of the parties’ readiness for a hearing. From March 2020, in line with the rollout of the system, the service will move into the courts & tribunal service centre (CTSC) in Stoke. This means support for some of the more administrative tasks involved in the case management of a digital public law case will move to a central function. Local courts will continue to support the offline process as they do now, and we will give you details on how to contact the CTSCs and the level of support it will provide at a later date.
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How will we achieve this? Since January 2019 we have been building and testing the new digital system with 10 pilot sites across England and Wales. To date, we have received over 500 applications through our digital system from these sites and, using their feedback, have continually improved the system and features now available to you. We are now ready to release this system to the rest of England and Wales, and will continue to collect feedback to improve how the system operates with a wider user base.
fees - For local authorities and other organisations (such as legal representatives) to use the digital service, you will need to pay for application fees with a fee account, which is known as pay by account (PBA). By registering for our PBA service, you will receive weekly invoices following automatic payment taken by Direct Debit.
When is it changing? The service has been open to all legal professionals in the existing pilot sites since 31 January 2020. From March 2020, we will expand the service to all remaining courts and local authorities in England and Wales, and hope to have completed this roll out by the summer. We’ll do this in a phased approach by designated family judge area to help new courts and local authorities become familiar with the new system, while allowing us to act on feedback.
Register your organisation – You’ll need to register your organisation with HMCTS to access and manage family public law cases and complete the required fields.
What is the Family Public Law project? The Family Public Law project is part of the wider HMCTS reform programme. Our overarching vision is “To make the overall court process in relation to family public law more efficient, ensuring the court, parties and their representatives have access to the right information at the right time to support the court in its role to decide on the best outcomes for the children involved in public law cases”. You may have heard about our project at one of the roadshows we have delivered across the country, at our recent webinar, or in our frequent blog articles and newsletters. What happens next? Roll out timetable and training – Roll out begins from 30 March 2020 until June 2020. Please check with your local care centre for when they are due to join the new service. Sign up to fee account for paying application
It is a free service and available for local authorities, solicitors and other regular users to make payments relating to family cases.
Guidance on how to use the new system – The regional implementation lead for your area will co- ordinate delivery of guidance packages with local authorities and solicitors. Helpful guidance and information For information containing the service terms and conditions, frequently asked questions and the application form to set up an account visit: www.gov.uk/government/publications/ form-fee-account-application-form-fee-accountcustomer-application-form To register your organisation with HMCTS to access and manage family public law cases head to: https://manage-org.platform. hmcts.net/register-org/register For further information about the Family Public Law Project please visit our GOV. UK page: https://www.gov.uk/guidance/hmctsreform-update-family To watch a recent webinar about how we’re reforming Family Public Law, you can visit our GOV.UK event page: https:// www.gov.uk/guidance/hmcts-reform-onlineevent-23-january-2020-familypublic-lawand-adoption
Hertfordshire Law Society Gazette
Advertorial
Creating a standout homepage for your legal website T
he homepage for a law firm or barristers’ chambers website is a chance to showcase your legal business and explain to people who you are and what you do.
Try and tie it in with your branding and services, such as family, property or business images to help the reader feel that they are in the right place.
As a gateway to the rest of your site and the first step to attracting new clients, it is essential to capture the right tone and provide exactly the right information. However, not everything needs to be crammed onto the homepage. It is just as important to keep it free of clutter and make it easy to navigate.
Easy navigation Visitors to the site need to be able to find exactly what they want quickly and easily. A menu icon or a bar across the top of the site are the most common places to navigate from. Anything else risks potential clients having to hunt around and simply giving up.
Too much information and too many distracting options will lower client engagement and reduce the likelihood that people will stay on the site and click through to other pages. Try and work out what is important and give that prominence.
It is also important to ensure that your site is responsive and easy to use on mobile and other devices, as clients are increasingly searching in this way.
Below are the elements that are usually included. What you do This is usually summed up in a clear headline followed by a sub-heading giving a bit more detail. A following paragraph can explain who you are, what you offer and who your clients are, giving a brief overview of your firm or chambers. Try and briefly explain why the reader should use you and not someone else by referring to any particular strengths that your law firm or barristers chambers has. You can include some information about each of your services but bear in mind that you are aiming for a sleek feel to the page. It may be better to leave these details to separate pages devoted to each service and just make sure they are easy to locate. A great image A good website must be visually attractive, with a clean, uncluttered design and at least one great quality image. The majority of decisions about whether a site is credible are made on the basis of its appearance and design, so it is worth getting this right.
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Social proof/testimonials Testimonials are incredibly persuasive. People like to hear that you have successfully solved a problem similar to theirs and a client’s own words are the best way of showing that. Don’t overwhelm the homepage with too many; one or two glowing references should be enough, with a clear link to your testimonials page. Blog or news highlights Again, be careful not to swamp the page with too much information, but a row of maybe three links to your recent or top posts, together with enticing images, helps show your expertise and reassures the visitor that your site is being kept up to date. A way to contact you Potential clients should be able to see easily where to contact you, with an obvious ‘Contact Us’ button displayed in a prominent colour such as red. Make any contact form as easy as possible to complete by asking for minimum information and avoiding Captcha verification and other requests. Ideally, the client should only need to add their name, email and a line of text asking you to call or giving brief details of their problem.
Awards, memberships of associations and certifications Including the logos of the awards or achievements you have obtained is good for building credibility. It isn’t necessary to include any text beyond the basics of what it is and the year of any award. A clear Call to Action The whole homepage should build towards what you want the client to do next, such as fill in a contact form or sign up for a newsletter. Make sure they reach this point on the homepage by displaying it obviously and leading them to it, then ask them clearly to take the action you want. Social media links Finally, include links to your active social media pages. These are usually found at the bottom of the page or at the top-right, depending on your design. For a professional legal business, this is usually LinkedIn and can also be Facebook and Twitter and even Instagram. In summary When you have completed your homepage, try and look at it with fresh eyes and ask yourself if it answers all the obvious questions. If it clearly shows what you do, is attractive and well-designed and steers the client towards their next step with you then you have the best possible chance of engagement from this initial contact. Rachel Tombs If you would like to request bespoke content, tailored to your audience and written by experts in both law and marketing, ring us on 0118 380 5980, email us at enquiries@orionlegalmarketing.co.uk or fill in our CONTACT FORM (https:// orionlegalmarketing.co.uk/contact-us/). We’ll be happy to offer you an initial free consultation to discuss your needs and the strategy that would best suit your law firm, barristers chambers or mediation practice.
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Articles
A Trainee Solicitor during Covid-19 I
t is a truth universally acknowledged that every law student has a glamourised idea of a career in law; perpetuated by the media. From Ali McBeal to Alicia Florrick, as a minimum you are conditioned to expect designer suits and bespoke floristry adorning conference rooms. Yet as a result of the new normal/ post-covid world/ [insert own term] this article comes to you from my new working from home attire, featuring considerably more elastic than your average designer suit and a conference room which closely resembles IKEA’s finest dining table (sans floristry, insert 70’s fruit bowl). After working for Hertfordshire County Council for just over 3 years in childcare litigation I successfully interviewed to become a trainee solicitor and in December 2019 began my first seat in commercial law. As I was finding my feet in March, the team, including myself, increasingly started
working from home and ultimately went into lockdown with the rest of the country. Instead of a morning coffee / tea / hot beverage of choice with my colleagues sat at our cluster of desks, we have a ‘morning catch up’ by calls, emails, chat software or, for the brave among us, video calls. Training contracts are the greatest and most elusive of prizes for any aspiring solicitor. They are an opportunity to throw yourself into a new team, learn what interests you, absorb as much knowledge as possible within your given seat (a period usually around 3 – 6 months long) and then do it all over again in a new seat. I was scheduled to move to my second seat in early May, however with the peak of the pandemic coinciding with my seat move, the move was delayed until late July. This has afforded me the opportunity to work on unique contracts and engage with a more diverse range of work than I expected in my commercial law seat. I have also appreciated how the flexibility of the role of a trainee can assist and benefit the whole of legal services. Alongside my
work with the commercial law team I have also volunteered to assist with the particularly busy childcare department and have had the opportunity to undertake a number of research projects and advise the client on reports they have drafted to assist the Court in private law childcare cases, commonly known as section 7 or 37 reports. As citizens in Hertfordshire and across the globe adapt to life, work or education in this ‘new normal’ and its uncertainties, I consider it part of the trainee’s role to adapt, be flexible and respond to the business needs as they adapt. What I am certain of is that my training will ultimately benefit from the challenges posed by the coronavirus. The implications of coronavirus for local authorities, both legally and financially, are now beginning to be felt and understood. It is on this backdrop, with a resulting sense of both anticipation and intrigue that I am due to start my second seat in the Environment and Planning department on the 27th July. Emily Bullen
Hertfordshire Law Clinic... goes virtual
T
he University of Hertfordshire’s Law Clinic has been giving free legal advice to members of the public since October 2019 in various areas of law including family and employment. Many of HLS member firms have assisted the clinic by allowing students to shadow them giving verbal advice to clients, and/or supervised them writing letters of advice. Since the Corona pandemic forced the university to close its campus in March, the Law Clinic has moved online to ensure continuous support for the local
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community at this difficult time, and to maintain the experience for the students. All meetings are done via Zoom and communications sent via email. Luckily, the clinic was already paperless – using Clio case management system as a secure and confidential means to store client information and documentation. The Clinic even managed to expand during lockdown, offering housing advice to tenants in difficulties. It is going to expand again from October to include consumer/ contract and property law advice.
Both the students and clients alike have really appreciated the virtual clinic and it has been business as usual – with the clinic “seeing” 75 clients during lockdown so far (as at end of July). The virtual clinic has been so successful the university is planning on continuing to offer virtual appointments even once the clinic is allowed back on campus. During lockdown the clinic was also awarded the national LawWorks prize for Best New Pro Bono activity. This was a great honour and a testament to the hard work of Diana Kirsch and her team at the university, plus the commitment of the external supervisors, and of course the dedication of all the student volunteers. If you would like to get involved with the clinic and assist as a supervisor, please contact Amanda Thurston, who is now Director of the Clinic. a.thurston@herts.ac.uk
Hertfordshire Law Society Gazette
Advertising Feature
Why the ‘R word’ is banned
They can assist with planning strategies, helping to maximise investments and also with trustee schemes, draw down plans and annuities. Gordon says: “We’re all about working towards giving our clients financial freedom so they can do whatever they want, as early as possible. Get in touch with us so we can help you plan for the next chapter of your life, which could be about to get extremely exciting!” The value of an investment with St. James’s Place will be directly linked with the performance of the funds you select and the value can therefore go down as well as up. You may get back less than you invested.
“If life begins at 40, that means by the time you pack up work you’re in the prime of your life and ready for your next adventure,” says a top financial expert.
G
ordon Craft is Director and Founder of Chasebridge Wealth Management, a Hertfordshire-based business that provides individuals, families and business clients with savvy financial advice. With more than 20 years’ experience under his belt, one of Gordon’s specialist areas is helping people retire early, although at his firm, that ‘R’ word is banned. “The word ‘retire’ makes me think of old people who are withdrawing from life. And, if you look up the word, even the dictionary states the verb ‘retire’ means to withdraw, or go away or apart, to a place of privacy, shelter, or seclusion,” he says. “I’ve worked with people, who choose to give up work, for a long time and in my experience, the only form of ‘seclusion’ they’re heading to is a tropical island where they might participate in some water sports and fine dining.”
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Instead, Gordon likes to replace the word ‘retirement’ with ‘adventure’. “The way I see it is, people have worked years and years to build up this pot which will allow them to have fun and really start living their lives without the humdrum of work getting in the way. “Giving up work isn’t retiring, it’s swapping slippers for flippers and replacing the allotment with adventure. I have clients who rely on me to finish their paperwork as they’re always halfway around the world on speed boats or trekking and why not? Surely that’s what life is all about?” Gordon has achieved Chartered Financial Planner status, which is the industry’s gold standard for financial planners and is currently held by only a handful of people within the sector in the UK. He has also reached the status of Fellow of the Personal Finance Society, which makes him a safe pair of hands when it comes to handling people’s money.
For more information visit www.chasebridgewm.co.uk or call a member of the team on: 01707 643555 Chasebridge Wealth Management Ltd is an Appointed Representative of and represents only St. James's Place Wealth Management plc (which is authorised and regulated by the Financial Conduct Authority) for the purpose of advising solely on the group's wealth management products and services, more details of which are set out on the group's website www.sjp.co.uk/products.
He takes a lot of pride in what he likes to call “adventure planning”, more conventionally known as retirement. Gordon also leads a dedicated team of highly skilled and knowledgeable people at Chasebridge Wealth Management who provide expert and professional advice on people’s financial future.
Gordon Craft
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Articles
Life of a Lawyer in Lockdown
M
onday morning catch ups! Conference calls! Appraisals! Department meetings! Staff meetings! Thursdays are the new Fridays! After work drinks! Team lunches! Month End drinks! All face to face and direct forms of interaction. But things have changed. We are still communicating face to face, the only difference being toys in the foreground, feature wall backdrop, and sound of kids playing in the background. With that in mind we approach the end of one month of remote working. For someone who has never worked from home this was an alien concept that threw me off course. So, having now embraced the concept and somewhat enjoying the balance it offers, what advice do I have for it to be a success? The main danger is working too much! Being married to your screen all the time; I even found myself checking my emails on a Sunday afternoon when the kids were watching a movie. This danger means there is a propensity not to move. That first week of WFH I was glued to my seat, had coffee at my desk, lunch at my desk, even did the home schooling while keeping an eye on emails – and that is not fair on the kids or my clients. My advice is to physically break yourself away from your desk. If you need, set yourself an alarm so you make sure you get up and move away. If you have children, have a ‘school bell’ to coincide with your children’s school break times. Taking a break with your family will be a sanity check throughout the day. Rather than mulling over a point of law, why don’t you mediate a disagreement between the children or kick the ball about in the garden? The polar opposite is also extremely dangerous. Some people need that office environment to function. So, get into a productive FRAME OF MIND for work. Get up on time! Get out of your pyjamas! OK, you do not need to be suited but don’t be in your dressing gown. Designate a particular part of your home to
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be your new office; whether that’s the breakfast bar, dinner table, the study or your gazebo. This gives you the opportunity to consciously pack up from work at the end of the day, which is important when you are living in your workspace and working in your living space. Trust me, you need that separation. Otherwise you will not ‘switch off’ and your family will not thank you for it.
WFH and home schooling has of course been a challenge for every working parent. Two working parents can be difficult and you will need a rota. There may be times when both parents are on calls for example and the children are left ignored. There is no perfect solution other than have a plan but be flexible, communicate, manage interruptions proactively (not reactively), make up for the lost time by doing something super fun once you BREAK AWAY FROM YOUR SCREEN for the day. Also remember, this is not easy for your children so please empathise with them and ask them how they are feeling.
you can. I have been lucky to spend plenty of time in the garden with the family barbecuing. Thankfully, all of our communication channels remain open and I have not yet had to resort to speaking to the paintings for conversation. Make sure and take time every day to CHECK IN WITH FRIENDS AND FAMILY via telephone, Zoom, drone, or pigeon carrier, if you feel like easing the burden on Royal Mail. We have even had Zoom drinks, Zoom quiz nights, and a Zoom birthday celebration. For a society habituated to smartphones and tablets, it’s never been easier to stay in touch with loved ones, so although it may feel at that we have never been more separated, the truth is we have never been closer. My final piece of advice is to stay positive. There is negative news, fake news, conspiracy theories, and sad news all around us. However, we are in this together and the key to getting through this is to stay POSITIVE and
EMBRACE the situation. My ‘glass is half full’ thought is that I will never again be able to amalgamate the two most important things in my life like this: my family and my work. And I am going to make the most of it! I would like to think that once things return to normal, we can look back and think of all the things we achieved – working remotely is not to be feared but embraced; using technology more fully than ever before; and the team spirit with everyone pulling together during difficult times. I would also like to think many of us will come out of this more adaptable and having grown rather than come out scared. Most importantly I firmly believe that this experience has HUMANISED us all. By Manish Patel, Senior Associate, Crane & Staples LLP
Fortunately, everyone is allowed out once a day for some exercise. With gyms, leisure centres, and sports clubs being closed it is essential to try and find an alternative way to exercise. My rationed activity hour outside has mostly been spent going for runs, walks or bike rides around my neighbourhood with the family. Get out for your one hour’s sensible EXERCISE maintaining social distancing. For inside workouts we are fortunate that with the use of smart phones and apps, and Joe Wicks, it now couldn’t be easier to follow a fitness program from the comfort of your home. It is not just physical health that matters at a time like this. Looking after your mental health is crucial during a period of enforced isolation. So, make sure you exercise, sleep well, laugh, communicate, listen, and do as many ‘normal’ things as
Hertfordshire Law Society Gazette
Education
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Articles
Family Public Law Reform
T
he Family Public Law (FPL) project is preparing to commence its National Roll Out from 30th March 2020, the following pack provides a briefing for Local Authorities and Legal Professionals. This contains background on the FPL project and what actions are required to set up access to the new service. Should you or your team have further questions or feedback, please contact us via our project inbox – publiclawandadoption@justice.gov.uk The new digital service The Family Public Law Project tested the first phase of the new digital service (application through to gatekeeping) with four family court sites and the associated local authorities from January 2019. Towards the end of last year the project extended to a further six family court sites and also released additional functionality. This pilot phase has meant the project has been able test and improve the system based on feedback from people using it and make sure it is ready to roll out to a wider audience. From 31st January 2020 the project entered the ‘Public Beta’ phase which means the service will be rolled-out nationally, still in a testing environment and all local authorities and public law legal professionals within England and Wales will be able to use the end to end service. What is changing? The digital service allows local authorities to complete and submit a C110a application for care and supervision orders along with the supporting documents required by the family court to issue and progress the case online. Case bundles can
be uploaded, annotated and presented in court and Standard Directions, Case Management and Final Orders can all be created within the service from a digital template to increase consistency at a national level. All Legal Professionals involved in public law cases will be able to access orders and confirm the status of individual tasks prior to a hearing, via the task compliance functionality, allowing early sight of parties’ readiness for a hearing. A video of the full walkthrough up to complying with SDO directions can be accessed here: https:// youtu.be/Axg1zF7sxPw From 30th March 2020, in line with the rollout of the digital service, public law will transition into the Court & Tribunal Service Centre (CTSC) in Stoke. This means, support for some of the more administrative tasks involved in the case management of a digital public law case will move to a central function. Local Courts will continue to undertake some of the tasks, for example listing, dealing with special measures and the gatekeeping role will remain in the Local Courts. They will also continue to support the legacy / offline process as they currently do now, and we will provide you with details on how to contact CTSCs and the level of support they will provide in due course. Further development of the service As mentioned earlier public beta is still a pilot of the new digital service with live cases and your feedback shapes how the service looks and feels. The approach of the reform programme is that we will work in an ‘Agile’ manner. This means:
• getting end users involved from the start and throughout a project • evolving solutions through regular feedback and user insight • finding a basic solution, which is then tested and enhanced over time. The end to end service we have developed is a minimum viable product (MVP). This is a version of a new product which allows us to collect the maximum amount of validated learning before we progress the product too far causing re-work. This means the product we have now may be quite different from the final product. It will be different because we will work with you to improve and enhance the service available based on the feedback you provide. Section 1 Further development of the service Additional digital features we will be working on in the future: • Notice of acting/change of representation. • Work allocation –e.g. automatic referrals to legal advisers and judiciary. • Additional features to ‘manage hearings’ capturing availability/ participants. • Ability to transfer a case. • Introduce further digital order templates. • In-court presentation. Roll-Out Plan In consultation with Senior Operational Colleagues in HMCTS and Senior Judiciary a roll-out plan has been agreed, which is a
Features of the new family public law service
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Hertfordshire Law Society Gazette
Articles
phased roll-out, and will be implemented by Designated Family Judge (DFJ) area. It is recognised that this roll-out plan cannot be rigid and will need to be reviewed as it is dependent on the professional users take up and interactions with the new service. The roll out plan outlines the next sequence of courts and associated public law legal professionals going live with the new service. As mentioned above the plan will need to be flexible and we may find that onboarding may move for some sites, but will we keep you updated on any changes. The scheduled commencement of the roll out will take place from 30th March 2020. Training / Guidance • Training/guidance packs have been created for our professional users. These are separate attachments. • We will hold regular weekly Webex events for staff, judiciary and legal professionals as virtual drop in sessions. Keeping you informed • As we roll-out the service and test with a wider audience we will gather and act on the feedback we receive. The project team and the regional implementation leads will continue to keep you updated on any changes to the rollout schedule and enhancements to the service based on your feedback. • The Family Public Law project is part of the wider HMCTS Reform programme and there will be further changes to ancillary processes, such as scheduling and listing, between the project’s end in August 2020 and the planned fully reformed End State in 2022. • We will continue to work with these other Reform projects to ensure any changes which may impact you are documented and shared with you before the Family Public Law project’s conclusion
• For more information on HMCTS Reform visit https://www.gov.uk/guidance/hmcts-reformprogramme- projects-explained What will you need to do? Security Requirements - Due to the sensitive nature of the Public Law cases we request that you sign up to the systems’ security measures and before doing so you review the Non-Functional Requirements document and satisfy yourselves that you are comfortable with the requirements from HMCTS as the data controller of the information provided in the digital service. Please provide these to your respective ICT teams for review and approval to ensure the necessary assurances are provided to allow us to onboard you and use our service.
Please note, for any urgent or same day hearing request we encourage Local Authorities to contact the court/listing team to put them on notice, as per current practices, to advise that an urgent digital application has been submitted and requires a same day hearing. Sign up to Fee Account for paying application fees - In order for local authorities and other organisations to use the digital service, you will need to pay for application fees with a fee account which is known as Pay By Account (PBA). By registering for our PBA service, you will receive weekly invoices following automatic payment taken by Direct Debit.
For local authorities, you will need to nominate a person from your organisation to set up your local authority as an organisation with HMCTS. Once set up that person will be able to invite other people from your own organisation to have access to the digital service. Please go to the following link to do so: https://manage-org.platform.hmcts.net/ register- org/register
It is a free service and available for local authorities, solicitors and other regular users to make payments relating to family cases.
For legal professional users, you will need to set up your organisation’s details on the link below, once you are invited to a case by HMCTS you will gain access to the relevant case you are a party to: https:// manage-org.platform.hmcts.net/register-org/register
www.gov.uk/government/publications/form-feeaccount-application-form-fee-account-customerapplication-form
NB: Once your access account has been set up, you will receive an email with a link to complete your login access details. Please click on this link to complete set up for your access to the digital service. Note: This link is only live for 1 week and you must set up the account within that period.
To provide feedback on the service or for any general enquiries – publiclawandadoption@justice.gov.uk To raise an IT service issue or technical error - dcdfamilypubliclawservicedesk@hmcts.net
What about Urgent Court Business Cases/Out of Hours EPOs? Out of hours cases will continue as they currently proceed.
For further information please follow the link below which also contains the service terms & conditions, frequently asked questions and the application form to set up an account.
Contacts and Support
Please note - When raising a technical issue please provide details on the error you received, what you were doing at the time and also if possible a screenshot of the error message displayed and then send to he above email address.
National Roll out sequence – by DFJ Area v2.0*
* This includes all family courts within the respective DFJ area
http://www.hertslawsoc.org.uk/
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Advertorial
Lawyer or entrepreneur?
I
f you ask a typical teenager what they think the key requirements are to be a lawyer, they will almost certainly focus on being able to argue or debate and having good abilities in comprehension and analysis. Being a business entrepreneur would rarely, if ever, get onto the list. So I was intrigued when I listened to panels of young solicitors talk about how they were setting up new types of legal businesses when I attended the London Law Fair at The Law Society last November. The skills they were advising the audience of aspiring solicitors to acquire were those more usually associated with business entrepreneurs. The focus on innovation, particularly with respect to business models and applications of technology, was at the forefront and it was
fascinating to hear how the disruptor effect of an increasingly fast-moving digital-driven environment is changing the way the legal profession works. This got me thinking about our Careers and Enterprise programme and how we encourage all our boys to develop critical 21st century ‘soft’ skills like creativity, problem solving, critical thinking, communication and an ability to deal with complexity and ambiguity. Our programme together with other co-curricular activities like Young Enterprise, Model United Nations, CCF, sports and a plethora of studentled societies already develops these skills to a high level. I am privileged to work in a school with a very supportive alumni community. Old Merchant
Taylors who are often at the cutting edge of change in their professions, return to school on a frequent basis to inspire and advise the boys at careers events. And we have a growing community of supporters outside the alumni group who generously offer work experience opportunities, one of the best ways to develop employability skills and understanding of the work environmnent. So our aspiring solicitors should be well set up to respond to the challenges ahead, although we won’t be resting on our laurels. But I’m still wondering, to be truly successful in the future legal landscape, should they first and foremost be lawyers or entrepreneurs? Sue Grice is Head of Careers at Merchant Taylors' School
Paws for Thought W
ell a lot has happened in the last few months. Brexit came and went with no change. My food is still put down at the same time every day so it was certainly nothing to do with breakfast! My hooman father retired so is getting under foot a lot during the day. I got left alone for 2 weeks whilst they went on a cruise to see the Northern Lights. They saw them but didn’t bring me any presents back as they said Norway was too expensive. I am worth every penny of their money! I do get spoilt when they are away as the person who looks after me brings me treats every day.
All I hear now is self isolating and coronavirus. My hooman mother comes into the high risk group due to her underlying health conditions so she now has to work from home for 12 weeks. What with both of them here I can’t get on with anything I want to do during the day. They wont play with me and complain when I try to have fun and bring a friend to play like a mouse or a bird. Very annoying of them. Luckily I don’t think pets can get this virus so I am alright and they won’t let me stockpile any food such as mice as they get rid of them as soon as I bring them in. If there is not enough food I shall start eating my way through some of their food. Stay safe and I hope by my next article this trouble is all over. Don’t I look adorable playing in my tunnel with my tickling stick! @princessgigi2019
http://www.hertslawsoc.org.uk/
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Video Witnessing of Wills A Welcome Step, But Only if Safeguards are Met
T
his September, a Statutory Instrument (SI) was laid in the House of Commons, enabling changes in the way that Wills can be legally witnessed. The change follows an announcement from the Ministry of Justice earlier this Summer, which recognised the difficulty for those who were shielding from Covid-19 or self-isolating to follow the normal legalities of making a Will – namely it being witnessed by two people. The new law allows the witnessing of a Will to be carried out through video. After the Will is signed by the Testator, it is then posted to the two witnesses to sign through video conferencing too. It applies to Wills made from 31 January 2020 – when the first coronavirus case was registered in the UK – and is expected to remain in place until January 2022. Remember A Charity – the 200 strong coalition of charities working to inspire legacy giving – has welcomed the change, providing that the right sufficient safeguards are in place. Rob Cope, director of Remember A Charity, says: “With over 100 people across the UK leaving a gift to charity in their Will every day, charitable Willwriting is becoming increasingly popular and it’s all the more vital now while charities are facing critical funding shortages linked to the pandemic. Ultimately, the more accessible the UK Willwriting environment becomes, the easier it will be
http://www.hertslawsoc.org.uk/
for people to leave a gift in their Will.” Legacy giving is the largest single source of voluntary income, raising over £3 billion for charity annually. This income has enabled many charities to continue to offer services during the height of the pandemic, while so many other funding streams were closed or heavily reduced, including events like the London Marathon through to charity shops. The consortium highlights that even a small increase in the number of people leaving a gift could raise millions of urgently needed funding, helping to tackle the current funding threat to frontline services. Remember A Charity stresses the importance of always having sufficient rigour and safeguards in place to protect the public and ensure their final wishes will be met. Cope says: “There are few that would argue with the fact that the process of Will-writing in the UK needs updating. At Remember A Charity, we see video witnessing as a significant and welcome step to make Will-writing more accessible in Covid times. However, we’re conscious too that this decision brings in new areas of risk when it comes to issues such as undue influence and fraud. So, in these initial stages at least, we’d view it as a last resort. “In other words, this route is ideal for those that it
was created for – those that can’t have their Wills witnessed in person as they are isolating or for other reasons. But it won’t be right for everybody.” With inheritance disputes on the rise, it seems all the more important that people’s Wills are completed correctly, minimising the room for doubt or contention. Cope adds: “We’d encourage anyone writing a Will to seek professional guidance and support about the best route for them. A professionally written Will is invaluable, helping to ensure that people’s final wishes will be met, and that they can include all those things that truly matter to them; family, friends and good causes alike.” Since the pandemic took hold in the UK in midMarch, demand for Will-writing and charitable bequests has risen considerably, with Remember A Charity receiving twice as much traffic to the ‘Making a Will’ section of its website. He concludes: “The pandemic has helped people see the importance of getting their affairs in order and encouraged us all to reflect on those things we truly care about. This includes the charities that so many of us rely upon and the causes we are passionate about in our lifetimes.” Find out more at: rememberacharity.org.uk.
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Advertorial
Education
10 Facts about a Live-in Care Package from Able Community Care 1. Able Community Care has been providing Live-in Care Support for 40 years. 2. The service is available throughout mainland UK and The Channel Islands 3. We have enabled thousands of older and disabled people to remain living in their home of choice, their own. 4. All potential, Live-in Carers who wish to work through Able Community Care, must have a minimum of one year’s professional experience before we consider their application. 5. Able Community Care writes for all references and telephone checks the validity of each reference received. 6. All Carers working through Able Community Care have an in-date DBS. 7. Live-in Carers update their training on an annual basis. 8. We also offer Home from Hospital Support, Holiday Care Companions and Respite Care. (Brochures are available) 9. Live-Care Packages from Able Community Care are reliable, praised and financially prudent. 10. Able Community Care is a family firm.
This is our office on the outskirts of Norwich.
CONTACT T: 01603 764567, E: info@ablecommunitycare.com or visit www.ablecommunitycare.com
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Hertfordshire Law Society Gazette
Education
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rom September 2018 the University of Hertfordshire’s Law School will be
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http://www.hertslawsoc.org.uk/
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Review
Let’s Hope the cat doesn’t run over the keyboards! The Expert Witness Institute Virtual Conference 2020 Friday, 18th September 2020 An appreciation by Phillip Taylor MBE, Richmond Green Chambers
T
he strange times we live in throw up inventive new ways to conduct our legal business: working from home (WFH). None more so than attending the Expert Witness Institute (EWI) Annual Conference for 2020 held remotely for the first time. And it was a great success with first class speeches, panel discussions and “breakout sessions”. Amanda Stevens, the Conference Chair, began these historic proceedings almost as though they were a regular occurrence. It was a busy and detailed programme aiming as always to cater for current issues which experts face. Predominant is the mystique surrounding “virtual” or “remote” hearings which seem now to be a regular fixture for future litigation. We heard first from Lord Kerr in one of his last remaining duties as a Supreme Court Justice giving the keynote address. Brian Kerr was the last of the Lords of Appeal in Ordinary and he holds a life peerage enabling him to remain in the House of Lords on retirement. His reflections on the legal changes he has seen were fascinating, bridging the gap between the Lords as an appellate committee, to the emerging UKSC. And the remote system for the keynote speech worked well.
Networking and exhibitor sessions were useful dividers between the formal discussions. We were lucky to have contributions from Bond Solon, Redwood Collections, and the New Law Journal. The afternoon breakout sessions covered the more “bread and butter” sessions which I am sure the participants found useful for their professional updates, including these areas: improving practice in inquests; in arbitration; and post-Brexit. The final panel session brought back Penny Cooper for a discussion on “Lawyers and Experts: bringing together Experts and Instructing Parties” with contributions from Duncan Hughes-Phillips, Frank Hughes, Jennifer Jones, and Robert Clayton. We missed EWI chair, Martin Spencer, this year although his welcome note was spot on- little did we know how appropriate the conference theme “bridging the gap” might be! We did end the conference knowing how we could improve our practice and develop our skills to make us fit for the future as lawyers and experts. And I think we all now know what to expect for the 2021 and that the next Conference, whether it is virtual or attended, will always remain professionally rewarding for everyone.
The morning sessions covered what will probably be the most useful for the comments and observations on how we will now use virtual meetings, hearings, and trials for the foreseeable future. The chair of the Bar Council for 2020, Amanda Pinto QC, and the vice-chair of the Personal Injuries Bar Association, Sarah Crowther QC, opened an interactive session on “Covid-19: How the Pandemic shaped the role of technology in the courts”. There was so much commonsense advice on display that it is worth watching any of the available conference videos to catch the suggestions. Probably the most important points which participants will take with them include the need for more than one computer when you undertake remote work. That is because you need one screen for the hearing itself, either via the Cloud Video Platform (CVP) for similar systems such as zoom, skype or teams. You then need a separate screen for the trial bundle which you cannot turn, or cross refer to in quite the same way as the paper version. Finally, always have a mobile phone as (sadly) it is common for one party or another to lose a connection during the hearing. To reinforce Pinto and Crowther, we were given “lessons from the courtsa panel discussion” chaired by Dr Penny Cooper, with Alexander Hutton QC, Mrs Justice McGowan, and HHJ Nigel Lickley QC from the Old Bailey. Readers will notice how top heavy the conference was with barristers so far. However, they proved the justification of their invitations with some great forensic tips for our new remote age. And at no stage did any of their cats run over the keyboards of their PCs to disrupt proceedings! Apart from animals or others contributing to virtual chats, there was also the recurring comments on the appropriateness (or otherwise) of the backgrounds- books rather than beds being the favoured option.
http://www.hertslawsoc.org.uk/
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Advertorial
‘No Fault’ Divorce to be enshrined in Law L
egislation, now awaiting Royal Assent, for “no fault” divorce has recently been backed by the Commons with a significant majority. The Bill, which when passed will be known as the Divorce, Dissolution and Separation Act 20201 removes the need
to find fault in the marriage and allows a statement of “irretrievable breakdown” to suffice. The latter requires currently establishment of one or more of five “facts” – three relate to conduct (adultery, unreasonable behaviour or desertion and two relate to the period of separation; two years if both spouses consent, five years if not) in order to start divorce proceedings. This legislation follows a long campaign by Resolution and other groups, to reform outdated laws (inter alia the Matrimonial Causes Act 1953 and the Civil Partnership Act 2004), which although hotly debated and eruditely analysed2 will help to reduce conflict between separating couples. The current process incentivises one of the spouses to make allegations about the other to avoid waiting for the mandatory two-year period of separation. This can result in unnecessary conflict, discord and acrimony, which may involve the children of the marriage and damage their chances in life3. The new legislation removes the needs to provide supporting evidence of one or more of the above conduct or separation facts with a statement of irretrievable breakdown. This legislation also removes the ability to contest the divorce. There are many genuine circumstances and reasons for an irretrievable breakdown to occur between two people and this may on occasion relate to the biological identity of a child with respect to paternity. On occasion of course, fabricated accusations of adultery may weaponise the biological identity of the children, and under current law, this might be used as a tactic to accelerate the divorce process. For example, there may be the accusation that the man is not the father of the child or that he has been unfaithful and fathered a child outside of the marriage.
Dr Neil Sullivan, General Manager www.dadcheckgold.com To discuss DNA testing to establish paternity or other biological relationship, please call 0191 543 6334 or e-mail: sales@dadcheckgold.com. Complement Genomics Ltd, the provider of the dadcheckgold service, is accredited by the Ministry of Justice as a body that may to carry out parentage tests as directed by the civil courts of England and Wales under section 20 of the Family Law Reform Act 1969 Notes 1 https://publications.parliament.uk/pa/bills/cbill/58-01/0125/20125.pdf 2 https://services.parliament.uk/Bills/2019-21/ divorcedissolutionandseparation/documents.html and the Impact statement from the Ministry of Justice https://publications.parliament.uk/ pa/bills/cbill/58-01/0125/Impact%20Assessment%20-%20Divorce%20 Bill.pdf paragraphs 67-69 inclusive. 3 https://acamh.onlinelibrary.wiley.com/doi/epdf/10.1111/jcpp.12893 4 https://www.theyworkforyou.com/lords/?id=2020-03-17a.1390.2
Both of course relate to the matter of trust, which can easy easily be assumed or earned, but when lost, is impossible to regain – once the spectre of paternity has been raised, it is impossible to reverse and constantly raises its head at a time when the best interests of the child should be foremost. The debate in the Lords4 was fascinating. Fortunately, the availability of DNA testing for paternity (or other biological relationship such as siblingship) is one of the few areas in divorce proceedings where unequivocal evidence can be obtained to support the case. If the parentage of a child is at issue, then a DNA test becomes a vital piece of information to help alleviate either genuine or vexatious claims and minimise any harm to children from the break-up, whether this is under either the current or the new legislation. Indeed, a DNA test can only be to the benefit of children, who have a fundamental right to be sure of the identity of their biological father, irrespective of circumstances. Any DNA test should be conducted by a Ministry of Justice accredited provider (such as ourselves) and if you have such a case, please contact us, we are highly experienced and would be happy to help!
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Hertfordshire Law Society Gazette
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rom September 2018 the University of Hertfordshire’s Law School will be
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Dr Nikki de Taranto MBBCh LLM MRCPsych
Consultant Forensic Psychiatrist Dr Nikki de Taranto is an NHS consultant Forensic Psychiatrist with more than twenty years' experience of medico-legal work in the civil courts as well as mental health review tribunals, fitness to practice hearings and employment tribunals. Her specialist areas of expertise include medical and clinical negligence, compensation for abuse and neglect including sexual abuse, personal injury, family work, risk assessments and capacity assessments.
Tel: Secretary, Karen Lock 020 8702 6055
Email: k.lock@nhs.net or nikkidt@protonmail.com Maple House, High Street, Potters Bar, Hertfordshire EN6 5BS http://www.hertslawsoc.org.uk/
23 â–˛
Editorial Advertorial
Navigating the evolving landscape of Professional Indemnity Insurance T
o navigate the challenges of a hardening insurance market, law firms should now start prioritising the preparation of a highquality Professional Indemnity Insurance (PII) submission ahead of the coming renewal period. The insurance market has been awash with capital, leading to increased competition for business and a subsequent suppression of the rates insurers could charge. This has resulted in unsustainably low premiums compared to the claim payments being made by insurers, but sadly times are changing. Claims activity has been the main catalyst for the significantly changing market conditions that we are experiencing. While frequency of claims has remained fairly consistent, severity of claims (the total value of losses experienced) has reached unprecedented levels. We believe that the recent spring renewal period showed us what to expect going into August and September. Analysis of insight and trends from Lockton’s portfolio indicates increased premiums within all layers but especially the working layer (the excess layer above your compulsory Insurance limit) where there is a lack of insurer options. With many primary insurers reluctant to offer longterm policy periods and those that did offer extended policies tended to apply an increase for the additional periods. It is important to highlight, that the Insurance market conditions were hardening well before the Covid-19 outbreak. We believe this process is now likely to accelerate due to the pandemic, leading to a further hardening market. While the sourcing of coverage may become more difficult for law firms, the legal profession in England and Wales is fortunately not experiencing reduced coverage as practices are protected by the Solicitors Regulation Authority’s Minimum Terms and Conditions wording. What to expect in the coming months We expect underwriters to adopt an even
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greater level of caution when they review enquiries in the forthcoming renewal season. Peer reviews will be conducted as standard, certainly when insurers are assessing new enquiries and regardless of the size of a practice and the proposed premium to be charged. More questions, including those related to Covid-19, will be posed and responses will therefore need to be reviewed by at least one other underwriter. This means the process of obtaining terms may take longer, especially considering most insurers will be working remotely.
earlier than in previous years. We recommend having your presentation prepared at least two months in advance of your renewal date as the process will generally take longer.
Some insurers have already released early question sets relating to Covid-19, while others are developing supplementary questionnaires. We expect all of these to focus on three key areas: People, Finances and Risk, some of which will naturally interlink.
3. Select your representative carefully and do not approach multiple agents as you will actually be doing your professional peers – and yourself - a disservice.
Navigating the challenges Although the insurance market has adapted well to the ‘new normal’, some things are naturally taking a little longer than they would have done previously. As mentioned, a combination of the hardening market, increased peer reviews and greater caution from underwriters has made it more difficult to obtain insurance terms. This means those firms that are traditionally ‘last minute shoppers’ and which provide minimum information to insurers should not be surprised if they fall into the Extended Policy Period.
2. Prepare a quality presentation for insurers’ consideration – this will help you stand out from the crowd. Make sure all the questions in the proposal form are sufficiently answered. Time will be limited so expect insurers to make a quick decision and potentially not offer any terms if your presentation is missing key information or if it is poorly presented.
You may wish to consider the following key elements when selecting your representative: • What is their market reach - which insurers can the broker access DIRECTLY for you? Speaking directly to an insurer will help speed up the process and means your key message does not get diluted or misinterpreted. • What is the experience and size of their team? • What is the extent of their service proposition? • What is their claims infrastructure? While no one wants to have claims, you should know if your representative has the resources to support you when needed.
The insurance market is still active, but it is becoming much more selective. Underwriters cannot return a profit for their organisation if they do not write any business, but they will need greater convincing and will want to align their company’s capital with well-run firms. At Lockton, it is our job to provide them with the reasons to do so, but legal practices cannot be blasé and we encourage them to approach renewal in the right way.
Once you have selected your representative, ensure you establish an action plan with your broker which covers who they will be approaching directly and the anticipated timeline for responses.
We believe taking these three key steps will help practices navigate the challenges ahead: 1. Start early – While we would expect insurers to prioritise their existing clients, it is still important that you prepare your presentation
Brian Boehmer Partner Tel: 0781 401 4655 E: brian.boehmer@uk.lockton.com www.locktonsolicitors.co.uk
To find out how Lockton can assist you with your forthcoming renewal, please do contact me or one of the Lockton Solicitors team. We would be delighted to hear from you.
Hertfordshire Law Society Gazette
Expert Witness
Geodesys offers free of charge SDLT service as the market bounces back As the property market resumes following the gradual lifting of lockdown measures, figures from HM Revenue and Customs have shown that property sales rose by and incredible 15.6% in August accompanied by a significant increase in house prices(1). • Information is validated before submission to HMRC. This allows you to correct any human errors which would result in rejection. • Instant SDLT5 certification – no long turnaround times • Has a comprehensive GDPR toolkit allowing you to search, edit, export and mark to delete your client’s personal data • Drafts can be saved at any time - no need to complete in one go • No training is required, and the submission can be made directly and securely from the Geodesys platform.
Although experts are predicting that the boom is not sustainable, current sales are also being boosted by the Stamp Duty holiday introduced by the Chancellor in July. This sees the stamp duty threshold increased to £500,000 until the end of March 2021. Although first time buyers were already exempt from SDLT on property purchases up to £300,000, the recent additional reduction of SDLT, has been designed to stimulate the overall market and is certainly playing a role in supporting house sales. It’s a great time to take advantage of our SDLT offer(2) To help support our conveyancing customers, we are currently offering our simple and efficient Stamp Duty Land Tax (SDLT) service FREE OF CHARGE until 31 March 2021. Our online SDLT solution allows you to quickly and securely submit your SDLT returns from within your case. But, perhaps more importantly, the service provides complete peace of mind as the online returns process is fully-compliant with the Law Society’s Conveyancing Quality Scheme (CQS) and Core Practice Management Standards. Our post-completion SDLT solution offers you the following benefits:
• Meets the Law Society CQS CPMS 1.2 requirement for an audit trail and third-party review process • Pre-populates the forms based on the information already stored in the Geodesys case file, alleviating the need for duplication when completing the AP1 form
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Johnny Davey, Conveyancing Product Manager from Geodesys commented: “We are delighted that the property market is seeing considerable growth at the moment, following the substantial pause during lockdown. Thanks to our technology-based service, we as an organisation have been able to continue with business as usual throughout and we have a full customer services team in place to support clients.
“Now that the market bouncing back so rapidly, we are delighted to offer a little something back to our dedicated customers by offering our efficient SDLT service free of charge.” The SDLT service is just one of a number of tools Geodesys offers to provide a seamless and compliant ordering process for property searches. To find out more about our SDLT and our full range of conveyancing services, please visit www.geodesys.com or email Kay Toon, our Key Account Manager at kay.toon@geodesys.com.
Notes: (1) The Times, 23 September 2020 (2) Free of charge SDLT offer ends 31/03/2021.
Hertfordshire Law Society Gazette
Expert Witness
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Hertfordshire Law Society Gazette
Advertorial
An X-Press service for solicitors and conveyancing professionals X
-Press Legal Services was established over 20 years ago, with the aim of streamlining the property- buying process by providing specialist searches and reports combined with a personal service. The company has been so successful that it now provides over 400,000 conveyancing searches and reports to some 500 legal practices every year across England and Wales.
is that its offices are owned by local experts, who are supported by a dedicated national office. Jo French owns X-Press Legal Services covering Essex, Herts and Cambridgeshire and has been in business for over 7 years. She has built a strong network and works closely with local councils and other organisations providing searches and reports for her clients.
Whether you are dealing with a commercial or residential property being built, bought, sold, repossessed, re-mortgaged or redeveloped, X-Press Legal has the knowledge and experience to provide only the best data and reports.
Jo explains: “I am proud to live and work locally and therefore I know the area well, I have many loyal clients and I totally understand their needs.
To ensure that they can always provide a reliable and accurate service, the people at X-Press Legal have forged working relationships with industry specialists such as Ordnance Survey, Groundsure, Landmark and the Coal Authority. The company is also an Executive Member of the Council of Property Search Organisations (COPSO).
“At X-Press Legal Services, we make it our business to provide our clients with a highly professional, fast and friendly service that’s tailored to their needs, nothing is too much
For more information about XPLS services in Essex, Herts and Cambridgeshire please call Jo French on 0330 159 5356 xpresslegal.co.uk
A key reason for the company’s success
http://www.hertslawsoc.org.uk/
trouble. As you would expect we use the latest technology to deliver our high-quality, datarich reports which comply with all the industry regulations.”
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Advertorial
Software swap guide: four tips to protecting your data
T
he COVID-19 lockdown has forced all of us to be more reliant on technology and embrace working from home. But many legacy IT infrastructures are ill-suited or too outdated to handle all the demands of remote working. Cloud-based software is the solution, but where to start? Read on for four important considerations before making the software switch:
4. Ensure Legal Software Suppliers Association (LSSA) membership
1. Getting your data back – it’s your right Lots of variables should be considered before you commit to upgrading or swapping software. Not least your data; of which you store vast quantities. Your law practice stores a plethora of important documentation, such as contact, identity, matter and financial – all of which must be handled carefully. Unfortunately, some providers make it as difficult as possible for clients to migrate their data. And yet, this data is not theirs to hold - it belongs to you. This is unethical as well as being the worst type of client retention strategy there is! You don’t want this to happen to you, especially if you discover the truth about locked data at the time you wish to leave. You shouldn’t be denied access to your own property and your supplier has a duty to act as the custodian, not owner, of your data. Enquire about assistance with data extraction upfront. It’s not unreasonable to pay a fee for the service of delivering your data but it should be timely. Additionally, once the migration has taken place, your supplier should delete your data from their stores otherwise both parties (you and your supplier) will fall foul of data protection rules; the Data Protection Act 2018 and GDPR amongst them. 2. Rigorously safeguard your data With the onset of stricter data protection rules and existing regulatory obligations comes more onerous duties. Heavier too are the fines imposed for non-compliance - both parties could be blamed for any data breach. Glance at legal news headlines and you’ll see that leaked data can and does happen. Your software supplier must follow the right procedures in safeguarding your valuable data. Check for accreditations which evidence sufficient cyber security standards; primarily ISO and Cyber Essentials certification. Reputable organisations undergo rigorous annual re-certification processes in order to gain these quality marks, so make sure your new supplier carries these endorsements. As standard, your supplier’s security protocol should include at least the following measures: • password access • SSL encryption • firewalls • penetration testing • system monitoring • replication • physical security measures • other industrial-strength security protocols • robust BCDR plans for further reinforcement 3. Negotiate the best possible contract terms We’ve already covered data export but what about your overall exit strategy? Don’t be rushed into signing contracts without poring over this legally binding agreement. It’s the small print that often causes problems. If your supplier is forcefully requesting your signature and you feel pressured to commit against your will, alarm bells should be ringing.
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The LSSA is the UK body for legal software developers and vendors whose aim is to set and maintain professional standards within the sector. The LSSA’s sets out recommendations relating to data conversion such as extracting data in an industry-standard format within a reasonable timeframe, exporting associated case-related documents, generating reports on current data, supporting trial conversions through mutual supplier cooperation, transforming data to accommodate subtle differences between databases and checking data integrity once converted with any requisite correctional activity. LSSA membership is confirmation that you’ll be well looked after at all stages of the customer lifecycle from acquisition to termination. Suppliers not adhering to the LSSA’s standards stand to lose their LSSA accreditation completely. You should apply extreme caution when dealing with companies whose reputation is questionable. Summary: Hopefully our tips will help you easily and painlessly switch to another supplier. Remember that you are responsible for safeguarding your data and the best way to do this is to find a reputable and trustworthy software vendor right at the outset. Use this guide as a starting point, supplement with other pressing questions of your own and you should be well on your way to putting into place your optimal IT set up to cope with COVID challenges and into the future. Julian Bryan is the Managing Director of Quill, which helps law firms streamline and run their practice better by providing simple and easy to use legal accounting and case management software, as well as outsourced legal cashiering services. Julian has been an advocate for quality software standards and served as the Chair of the Legal Software Suppliers Association from 2016 to 2019. He can be reached at j.bryan@quill.co.uk. Hertfordshire Law Society Gazette
Education
S
F
rom September 2018 the University of Hertfordshire’s Law School will be
Both
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