Herts 29

issue 29 Winter 2015/6

Hertfordshire Law Society Gazette

First HLS City of London Guided Walk...

...were YOU there?

See page 12

Also this issue: • 2015 Hertfordshire Law Society Prize • EARLLS 10th Anniversary Year • Meet Stephen Halloran – Your New Vice President • 2015 AGM Report • and much more...

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Contents

Hertfordshire Law Society Gazette

Contents issue 29 Winter 2015/6

4

Council Members for 2015

10

2015 AGM Report

18

Ground Stability

4

Editor’s Comment

11

Meet Stephen Halloran

21

Gilts, Frankincense or Myrrh?

5

From the President

12

City of London Walk

22

EWI Conference Report

6

HLS Membership

14 HJLD

26

Book Review

8

2015 HLS Prize

16 EARLLS

28

Bar Conference Report 2015

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simon@epc.gb.com www.epc.gb.com Advertising Simon Castell Managing Editor Judie Caunce

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Published: January 2016

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

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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 2016 President Claire Sharp Debenhams Ottaway (St Albans) Private Client Vice President Stephen Halloran Lawtons Solicitors Ltd (Hatfield) Crime Hon Secretary and Treasurer Laura Colville Debenhams Ottaway (St Albans) Private Client Immediate Past President Richard Atkins Taylor Walton (Harpenden) Property

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

(until 31 December 2016)

Penny Carey University of Hertfordshire (Hatfield) Academic

Attia Hussain Crane & Staples (Welwyn Garden City) Family

Law Society Eastern Regional Manager

Jeremy Chandler-Smith JCS Solicitors (Hitchin) Sole Practitioner

Gary Smith Nockolds Solicitors Limited (Bishop's Stortford) Commercial

Judith Gower Hertfordshire County Council (Hertford) Local Government

Amanda Thurston Curwens (Hoddesdon) Family

Parliamentary Liaison Officer Judith Gower Hertfordshire County Council (Hertford) Local Government and Criminal

Administrator & Membership Secretary

Ginny Harrison Ginny Harrison Legal Limited (St Albans) Employment

Samantha Worth Tees Law (Bishop’s Stortford) Commercial

National Council Member

Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation

Anna Donovan

Judie Caunce, Enterprise House, 5, Roundwood Lane, Harpenden AL5 3BW Tel: 01582 765006 E-mail: admin@hertslawsoc. org.uk

From the Editor A

new year, a new President , and…. wait for it… a new website! The new site will be launched in the next few weeks and we shall continue to develop it through the year to support our aim to promote the interests of the local legal community.

This winter edition outlines some of the Society’s plans for the coming year, and introduces you to the new Society officers for 2016. We also meet Barry Griffin, the new Chair of Hertfordshire Junior Lawyers Division and Samuel Yeates, winner of the HLS Award for outstanding performance by a second year student.

Hertfordshire Law Society Membership I am delighted to report that the number of members has increased significantly since this time last year, and with the new website we aim to build on that in the year ahead, and to continue to raise the Society’s profile in the Hertfordshire Legal Business community.

As you know, membership is open to all members of the legal profession who either live or practise in the Hertfordshire area. Our extensive membership allows a wide range of ideas and views to be raised on local and national legal issues.

Subscriptions A polite reminder that subscriptions for 2016 are now due for the calendar year. The subscription rate has been maintained at the same level for yet another year, and it represents excellent value at just £45 for Ordinary Members (all those admitted to the Roll of Solicitors), £20 for Associates and £10 for Trainees / Students.

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Corporate membership is also available for all firms or organisations with 12 or more(paid) Ordinary members. If you would like more information about renewals, or have questions about membership in general, do please contact me.

I am happy to help.

Welcome Welcome to our new President, Claire Sharp and Vice President, Stephen Halloran.

In her piece on the following page, Claire sends a strong message of her pride in being a Solicitor and calls on Hertfordshire Solicitors to work together to face future challenges in a competitive professional environment. We also welcome back former President of the Society, Marilyn Bell of SA Law who was voted onto the Council at the November AGM. I am sure her wisdom and experience will be invaluable at our quarterly meetings in discussing the challenges of the profession and the future direction of the Society.

Annual Dinner 2016 Responding to the very positive feedback on Hatfield House for the annual dinner last year, we are delighted to confirm that we shall be there again for this year’s event on Thursday 9 June 2016. New President, Claire Sharp, has a wealth of ideas for the 2016 event. More details to follow in the coming weeks…

Judie Caunce Administrator & Membership Secretary Enterprise House, 5 Roundwood Lane Harpenden, Herts AL5 3BW T: 01582 765006 M: 07775 652578 E: admin@hertslawsoc.org.uk or jac@events-plus.co.uk

Hertfordshire Law Society Gazette

Editorial

From the President Facing Future Challenges Together

I

t is a great honour to have been elected to serve as your President for 2016, and I am grateful to you all for the opportunity. Thank you for your confidence in me, and I shall endeavour to do my very best to represent our Members’ interests and views wherever possible. My thanks, in particular, to outgoing President for 2015, Richard Atkins, who has served with dedication and enthusiasm, and has been a pleasure to work with in my year as Vice President.

I would also like to thank those of you on the Hertfordshire Law Society Council for your continued contribution and support (see page 4 for a full list of 2016 Council members).

It is not easy for busy practitioners to find the time to dedicate to wider legal issues and the profession in general, yet somehow, year-in, year-out, the Council members find the time to do just that, and that is not only of great value to us all but also much appreciated. I look forward to working with you all in the coming year.

I am also delighted to be working with my newly appointed Vice President for 2016, Stephen Halloran, a specialist in the field of Criminal Law. I am particularly pleased to be working with Stephen at a time when this area of work is so high on the public and Government agenda and, seemingly, under attack from many quarters. I have no doubt that Stephen’s insight will help us to understand the issues, and to represent the views of Hertfordshire practitioners at national level.

For those of you who don’t know me, my own background is in private practice as a Private Client practitioner - an area of law which has also seen a great deal of change in recent years, and is constantly under threat from large corporations since the advent of the “Alternative Business Structure”. But we are not alone, and there is probably no single area of law which has not experienced some sort of fundamental change over recent years. We may sometimes question whether this is the same great profession that it once was, and I have heard many a lament over the demise of the profession in my travels around the country talking to other local law society members.

Whilst I don’t advocate complacency in the face of those who would seek to undermine our profession – we should always fight against such threats, I do urge practitioners to embrace change, which is coming anyway, and to ensure that your businesses are equipped to compete.

Keeping informed about what is going on at national level, understanding the changes that are coming and why – these are all essential in making sure that your firm is able to protect itself, to survive and ultimately to thrive. Without a doubt, becoming involved with your local law society is one of the best ways to do this.

I’ve been on the Hertfordshire Law Society Council now for almost 10 years, and have found it to be an

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invaluable experience for making friends and connections, understanding our profession and keeping up to date with what’s going on both locally and nationally. It has helped shape my career and added great value to my firm as a result. I would urge any of you who are interested in joining us to get in touch with me, any of our Council members or the Membership Secretary (admin@hertslawsoc.org.uk) My message, if I have one at all, is that this profession is still great, and that’s because of all of the great people working in it who make it so. I remind myself, whenever I am feeling cynical about the future, that there are thousands of intelligent, motivated and often brilliant young people who are working hard to earn the right and the privilege to be called a solicitor. We owe it to them to build a positive future, able to compete at every level. What we have here in Hertfordshire is real excellence in legal practice, in a beautiful county, well placed to compete both in terms of quality and location. We must play to our strengths and be confident about how good we are, as solicitors and in business.

Claire Sharp President, Hertfordshire Law Society

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Editorial Membership

Hertfordshire Law Society

Hertfordshire Law Society - Supporting Solicitors Across Hertfordshire since 1883

Hertfordshire Law Society (HLS) is dedicated to raising the profile and promoting the interests of the local legal community.

Members have the opportunity to develop their careers and share ideas through HLS networking and training events.

HLS participates in numerous forums concerning the profession and can make its voice heard at a national level.

In a challenging professional environment, HLS is working hard to keep legal services local.

Membership is open to all those in the legal profession who live or practise in the Hertfordshire area and its environs.

We offer: •

Social events and networking opportunities

•

Legal education programme with top-class speakers

• • • • • •

A chance to have a say in the way our profession runs Discounted CPD events run by the School of Law at Hertfordshire University – ‘the most innovative law school in the country’ Free quarterly magazine

Discounted associate membership for unadmitted staff Concessions for trainees and students

Corporate membership for larger firms

How to Join: Contact Membership Secretary, Judie Caunce, for an application form on 01582 765006 or admin@hertslawsoc.org.uk Subscription Rates and Categories for the coming year are as follows: Ordinary Membership For those admitted to the Roll of Solicitors - £45.00 Associate Membership All Solicitors not eligible to be Ordinary Members, retired Solicitors and any other persons engaged in or connected with the practice and / or teaching of law - £20.00 Trainee Membership Trainee Solicitors who have entered into a registered training contract with Solicitor eligible for Ordinary Membership - £10.00 Student Membership For individuals attending a full time or part time course in law at a centre of education - £10.00 Corporate Membership For a total of 12 or more Ordinary Members and all the firm's unadmitted staff and trainees - £540.00

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Hertfordshire Law Society Gazette

Featured Article

L

W

e are delighted to announce the eleven awardees of this year's Law Society Diversity Access Scheme

The Law S

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Editorial Featured Article

2015 Hertfordshire Law Society Prize “Sam meets Sam” - Council Member Samantha Worth meets HLS 2015 Prize Winner, Samuel Yeates, to find out a bit more about his decision to study law and his plans for the future. a career as a Solicitor or Barrister will be his ultimate goal. He does, however, continue to be challenged by the law, and firmly believes it is a worthwhile degree to do to open up opportunities in other careers. His plan is to go on to study for a Masters Degree to add a company/ business focus.

Joe Egan, Deputy Vice President of The Law Society, and Guest Speaker at the Society’s AGM, presenting the 2015 Hertfordshire Law Society Award to Samuel Yeates

S

amuel (Sam) Yeates, who attended the AGM in November with his proud parents, described himself as “over the moon” to have received the 2015 award from the Hertfordshire Law Society.

When asked what enticed him to study law, Sam revealed that he was attracted by the advocacy side from watching popular television shows such as BBC’s legal drama ‘Silk’. He has always liked debating, and approaching problems in an analytical way, so when he was deciding what to study at University, it was suggested that a Law Degree would suit him well. He followed this advice and has not looked back. He enjoys the new skills he is learning at University, and has surprised himself with new-found interests from modules such as Jurisprudence and Land Law. He does, however, still have a keen interest in criminal law and has also chosen company law as one of his final year modules to be able to keep his studies varied.

Sam is currently undecided whether

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Sam likes to get involved in University initiatives whenever he can; he is an Ambassador for the Law School, and enjoys promoting the university to prospective students. He won the internal mooting competition held for secondyear students, and he has also competed in mooting nationally – most notably, when his team beat mooting teams from Gloucester and Bristol. Later this year he will be travelling to Vienna to compete in an International Commercial Arbitration Moot.

Sam has also been involved with a program through the University which provides training and guidance to police officers, offering tips and advice on how to deal with cross-examination in criminal court proceedings. Overall, Sam has been making the most of the opportunities that have been made available to him during his degree, and we all at the Hertfordshire Law Society Council wish him all the best for his future studies and career.

Samantha Worth Council Member, Hertfordshire Law Society

Students do not make an application to be considered for the award. All secondyear law students are automatically considered, and the winner is invited to attend the Society’s AGM in November to receive the prize from the President of the Society.

Hertfordshire Law Society is a non profit-making association. As such, its funds are limited, and thus the prize consists of a modest cheque. However, it is hoped that winning this prize will enable a deserving candidate to display his or her achievement when seeking future employment.

The Society highly values it connections with the University and we work together in a number of ways, thereby benefiting both students and the legal profession in and around Hertfordshire. The Associate Director (International Partnerships) of Hertfordshire University currently sits on the council of the Society, which greatly assists in developing a range of joint initiatives – indeed, the Society works closely with the University on its programme of CPD events throughout the year. Additionally, senior representatives of the Society receive invitations to attend University functions, including graduation ceremonies and such opportunities for access to local solicitors are valued highly by the students.

One Year On - an update on the 2014 Hertfordshire Law Society Prize Winner

About the Hertfordshire Law Society Prize

T

he Hertfordshire Law Society Prize is awarded by the University’s Board of Examiners for outstanding performance by a second-year law student. It was instituted by Hertfordshire Law Society in 1997, and has been awarded each year since then.

Since

being

Hertfordshire

awarded Law

the

Society

Prize in 2014, Amy Hewitt has secured a training contract at DLA Piper in their London office in the City. She completed her LLB with a First, and is now doing her LPC at the University of Law in Moorgate. She commences her training contract to become a qualified solicitor in August.

Hertfordshire Law Society Gazette

Featured Article

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Editorial Featured Article

2015 AGM Report

T

he AGM was held on Tuesday 24 November 2015 in the Committee Meeting Room of the MacLaurin Building at the University of Hertfordshire.

The Society has committed to the development of a new website for which first instalment payments are shown on the accounts as a new expense in the Accounts for this year.

New Officers* Claire Sharp was elected President. Please see her article “From the President” on page 5.

The Society’s finances overall remain in good shape, although under pressure. Membership subscription rates in 2015 were maintained and will remain unchanged for the coming year as follows:

Stephen Halloran was elected Vice President. Please see “Meet Your New Vice President” on page 11.

Laura Colville was elected Honorary Secretary and Honorary Treasurer. *For contact details of the above officers please see page 4 “Council Members 2016”

Ordinary Members

£45.00

Associate Members

£20.00

Trainee Members

£10.00

Student Members

£10.00

Treasurer’s Report As current Treasurer, Laura Colville had earlier reported that the Society’s finances for 2014 remained in good order, with a higher level of income and fewer expenses than in the previous year. It was encouraging to note the slight increase in subscriptions for this year.

The “corporate membership” introduced in 2007 is to continue. This provides that for firms or organisations that have 12 Ordinary paid up members in any one year, there is no further fee payable for any additional members of any category in that firm / organisation during that year, and applies across the whole firm / organisation including individual or satellite offices.

This year a surplus was made on the annual dinner which was due to generous sponsorship. The Council shall continue to seek a good level of sponsorship for future years.

Hertfordshire Law Society Prize The Hertfordshire Law Society Prize was presented during the meeting. For a fuller report, please see page 8.

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Hertfordshire Law Society Gazette

Featured Article

Meet Stephen Halloran – Your New Vice President S

tephen Halloran was elected Vice President of Hertfordshire Law Society (HLS) for 2016 at the recent AGM. Below is a summary of a discussion with the Editor which gives an insight into his life and career as a Solicitor-Advocate, and Director of Lawtons Criminal Defence Solicitors, Hatfield

1. How and when did you choose a career in law?

I studied International History & Politics at University and then decided, during my final year, to undertake the Law Conversion course - then called the CPE, now called the GDL. There are many similarities between law and history – the ability to absorb information and then present a coherent argument.

2. Why did you decide to specialise in criminal law?

I realised very early on that a life of crime was for me. I enjoyed the advocacy, the variety of characters that you meet and I have always (and still do) find it intellectually stimulating.

No two cases are the same and the quality of the work we deal with ensures that I have cases that continue to stimulate me.

3. When not working, how do you like to spend your leisure time?

I have started to play golf again this year, though choosing the Centurion Club as the venue to reacquaint myself with the game is challenging. The amount of time I get to play is limited due to work and then family commitments.

4. Tell us something that you are most proud of in your professional career?

It would be setting up and establishing my own Firm along with my business partner, Nick Titchener. We set up Lawtons in 2004 and we have since managed to grow the practice to be one of the largest specialist crime firms in the region.

5. What is the hardest challenge you face / have faced as a Solicitor?

From the perspective of managing a law firm, it is the continuing uncertainty over the legal aid changes. We have had huge uncertainty surrounding the legal aid Tender process, with no real end in sight. The basis for these changes is still not clear and many committed crime Solicitors will suffer as a result.

6. How about your most memorable highlight?

A case involving a client who was eventually acquitted of running a brothel was entertaining. The case itself was relatively straightforward, but being asked to conduct an interview with the BBC outside the Court with about a minutes’ notice and not making a mess of it was pleasing.

7. Do you have a least favourite law?

In the sphere of criminal law, many recent laws seem to have been a knee-jerk reaction to a perceived problem or are just unfair. The ill-thought-out criminal courts charge appears destined for the scrap heap – a terribly unfair tax on anyone going through the criminal courts.

8. What advice would you give to someone looking to start a career in law today?

Make sure you are committed to it and recognise that a lot of hard work is needed (and luck) to succeed. The competition for training contracts is fierce and many will struggle to qualify.

To those that do, it is a very rewarding profession to be part of.

9. How long have you been a member of HLS? I am a rather recent recruit, so since 2013. I was initially coopted onto the Council as they wanted to ensure HLS had someone who was able to provide assistance with criminal related matters. I enjoyed the experience and was elected to the Council the following year.

10. What do you see as the greatest challenges for HLS in the coming year?

I believe a key objective is to ensure that we are able to build on the launch of our new website, and to drive the increase in membership and the benefits of membership that the new site will bring. We also need to ensure that HLS still retains a level of relevance for locally based Solicitors (whether they live or work in Hertfordshire). stephenhalloran@lawtonslaw.co.uk http://www.lawtonslaw.co.uk/

In terms of my day job, any visit to the Court of Appeal is daunting. You have no hiding place when the Lord/Lady Justice of Appeal starts to question you. You need to ensure that you have prepared thoroughly and hope you are able to answer whatever is thrown at you.

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Editorial Featured Article

An Autumn Guided Walk in the City of London

Austin Friars – Monks, Merchants, Modern Architecture and (Hilary) Mantel

A

small but lively group from the Hertfordshire Law Society with colleagues, friends and family enjoyed a fact-and fun-filled guided city walk on a dry (but chilly) autumn afternoon in October.

The tour was led by London Blue Badge Guide, Mark King, a former work colleague of Administrator, Judie Caunce in their City Law Firm marketing days. After 15 years leading business development teams in large corporate commercial law firms, Mark retrained as a Blue Badge and City of London Guide.

He is now an award-winning guide whose knowledge of London combines a working knowledge of its mercantile hear, its history, character and anecdotes – all served up with more than a little passion for the world’s greatest city. (Email: mark.king@kings5. demon.co.uk Website: http://www.secret-london. co.uk/Walks_Mark_King.html ) That passion revealed itself from the very start of the tour at the Kindertransport sculpture outside Liverpool Street station which commemorates the WWII initiative to transport 10,000 Jewish children aged between one and seventeen to the UK. Mark revealed that his own father was a Kindertransport boy

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and added that, quite literally, he would not exist were it not for the compassion of an English family who sponsored his father and gave him the gift of hope and a new life.

We continued our route to Austin Friars – a former Augustinian friary until its dissolution in 1538 and one of London’s most atmospheric ‘hidden’ areas of the city, nestling between the Bank of England and London Wall.

It also has close ties with Thomas Cromwell who lived here from the 1520s until his execution for treason and heresy in 1540. His house in Austin Friars is the setting for a number of scenes in the historical novels “Wolf Hall” and “Bring Up The Bodies” by Hilary Mantel.

We spanned the history of the city’s origins on the banks of one of the Roman Londinium’s “lost” rivers right up to the modern times, when high-status buildings reflect its position at the heart of Europe’s leading financial centre.

The group was captured by Mark’s infectious enthusiasm for London and enjoyed taking a fresh look at things we had maybe looked at a hundred times without really seeing them - for example, the stone Bishop’s mitre fixed high on a building to mark the former Bishop’s Gate entrance to the City, or the Victorian Turkish baths in Bishopsgate Churchyard, which not only survived the Blitz but now stand proudly amid the massive modern office blocks.

learnt of the wealth and power of the Livery Companies in the City; the facts and figures were fast and furious but never overmuch; our guide was both knowledgeable and entertaining.

Although I am highly unlikely to remember all the information imparted that morning, I learnt one very important lesson: whenever you are in London, look up – there is a wealth of the City’s treasures that are hidden in plain sight.

A top tip from Mark to end with: next time you are in the Bishopsgate area, take a trip to the Duck and Waffle for a coffee or lunch on the 40th floor of Heron Tower. It is open 24 hours a day / 7 days a week, and has breathtaking 360 views of London!

Judie Caunce [Editor ’s Note: We are looking to plan another City walk for Herts Law Society for the Spring / Summer.

Do you have a suggestion of an area of London you would like to know more about? Let me know, admin@ hertslawsoc.org.uk]

We dived down little alleyways, stuck our heads round doors for sneaky looks, learnt about the indelible Coade stone, saw Roman mosaic floors in an office basement,

Hertfordshire Law Society Gazette

Editorial Junior Lawyers

HJLD Barry Griffin, a second year trainee at Debenhams Ottaway LLP, is the newly elected Chair of the Hertfordshire JLD. Here he takes a look at the highlights and successes of the past year, and outlines the Hertfordshire division’s plans for the coming year.

salary of £20,276 in London and £18,183 outside of London. The National Committee and HJLD welcome the Law Society’s position.

While the reasons for removing the minimum salary were just, the reality is that it had not achieved the desired result of increasing the number of training contracts. It is hoped that this step will ensure access to the legal profession is open to all, regardless of their background.

New Solicitors Qualifying Examination

I

n September 2015, I took over from Yvonne Vivers as Chair of the Hertfordshire Junior Lawyers Division (HJLD) for 2015/16. During the last year, we have continued to try and grow, and extend our links with our members; and, as part of that objective, we have held a number of successful events - including the Boat Party and our Cocktail Making Night.

These events provide our membership with an opportunity to meet other junior lawyers and other professionals.

They also give our committee the chance to meet and interact with our members, and to grow participation in the HJLD. Objectives for 2016 During my tenure as Chair of the HJLD, I am keen to continue to grow and promote our membership, and to encourage members both to join and to play a more active role in our committee. I would encourage

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individual firms to promote the HJLD amongst their junior members.

Social Calendar In terms of future events, I am pleased that we will again be hosting our annual quiz in aid of Rennie Grove Hospice. This will take place on 21 January 2016. We will also be looking to hold our annual Boat Party in 2016 and planning for this event has already started. Watch your inboxes for further updates on these and other events.

Minimum Salary for Trainees In other news, the National Junior Lawyers Division has successfully campaigned for The Law Society to reintroduce a best practice recommended minimum salary for all trainee solicitors in England and Wales. As of 11 November 2015, The Law Society now recommends that as a matter of good practice, providers of training contracts should pay trainees a minimum

Members may also be interested to note that the SRA has opened for consultation its proposal to introduce a Solicitors Qualifying Examination to reform the solicitor qualification route.

The SRA consultation paper proposes a knowledge-based examination and a skills-based assessment.

The National Committee has noted the SRA’s intention, and is interested to hear from its members and the wider legal profession during the consultation period which is due to end on 4 March 2016. My contact details are below.

In closing, I look forward to meeting as many junior members of the legal profession as possible in and around Hertfordshire and to continuing to build our ties with the Hertfordshire Law Society.

We look forward to seeing you at one of our forthcoming events.

Barry Griffin, Trainee Solicitor BG@debenhamsottaway.co.uk

Hertfordshire Law Society Gazette

Editorial Featured Article

EARLLS – the East Anglian Region Local Law Societies meeting together – 10th Anniversary Year

Some of those attending a previous EARLLS meeting” (sorry no picture available of Graham Spittle with said woolly hat) Spending a night with the lady President of Cambridge and needing a woolly hat - but not on the same occasion.

H

ertfordshire Law Society Past President Graham Spittle would have been a founder-member of EARLLS, when it began during his presidential year in 2005, had he not been 40 minutes late for the inaugural meeting in Cambridge, owing to roadworks in the Royston area. Writing during 2015, EARLLS 10th anniversary year, he explains the thinking behind the formation of EARLLS, and describes some of the practical outcomes.

Writing in an early issue of this Magazine I said, “EARLLS first started meeting together in 2005 and now meets regularly at various venues in the Cambridge area.”

An early venue was the offices of Mills and Reeve and someone (not me) suggested that a March meeting could be preceded by a picnic lunch for delegates in the Cambridge Botanical Gardens which are nearby. Being British, we were undeterred by the rain on arrival, but, when this turned to snow (it was Cambridge in March after all), we repaired rapidly to the refreshments pavilion, which was cosily overcrowded with others foolish enough to visit an outdoor venue in Cambridge at that time of the year.

Fortunately, I had my woolly hat (of which more anon); other delegates in office clothes were less well-prepared.

Cardiff That previous article continued, “Those taking part comprise 7 of the 10 local law societies within Bedfordshire, Cambridgeshire, Essex, Hertfordshire,

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Norfolk and Suffolk. The other three were invited to participate, but so far have not done so. The intention is that each society should send two representatives to quarterly meetings. The purpose of these is to support and help each other, exchange information and opinions, and try to formulate consensus views of matters affecting the profession. Where appropriate, meetings select one or more delegates to present such consensus views to regional and national meetings.”

Within a few days of the EARLLS inaugural meeting, the writer and the lady president of Cambridgeshire and District Law Society were delegated to attend a national meeting held at The Law Society's regional office in Cardiff, at which The Law Society sought to improve its image (of which again more anon). Having decided to car-share, and in view of the early start required for a day trip to Cardiff, my wife and I provided dinner, bed and breakfast at our home for the said lady President; enabling me ever since to say that one of the perks of being President of Hertfordshire Law Society was the opportunity to spend the night with the lady President of Cambridge.

Incidentally, having decided we could on the journey home discuss our report to EARLLS when we had negotiated the rush-hour on the M4 round Newport, she promptly fell asleep as we went over the Second Severn Crossing, and did not wake up until we were approaching Reading. Had she known that my old SAAB 900 was booked to go to the last great garage in the sky a few days later, she might not have slept so peacefully. However, that was the most comfortable car I have ever owned, or probably ever will own, and served me well right up to the end.

Hertfordshire Law Society Gazette

Autonomy To return to the previous article: “EARLLS do not intend to create a formal body or association with any particular constitution. Also, there is no intention of compromising the present autonomy of local law societies.”

As I remember it, at the time, The Law Society was considering its relationship with local law societies, and there were fears the autonomy of local law societies might be compromised. Some of the societies in the Eastern Region had similar concerns about EARLLS, and, to allay same, it was decided that (unlike regional associations in other regions such as SAALS – the Southern Region – to which Hertfordshire Law Society also belongs) The Law Society Council Members for geographical constituencies within the region, and The Law Society Regional Manager should not receive a routine invitation to EARLLS meetings.

Widespread dissatisfaction The earlier article continued: “It is hoped the meetings of EARLLS will strengthen the influence of local law societies and their individual members, and that this may be especially valuable if The Law Society does not provide all the representational functions individual solicitors need.”

10 years ago, there was widespread dissatisfaction with The Law Society, and, at the time, Birmingham Law Society convened meetings at its office for local law societies throughout England and Wales to see what could be done about such dissatisfaction. The first time I used Virgin Trains for the return trip to Birmingham, the air-conditioning over my seat was so powerful I wore my meeting papers on my head for the journey back. The second time, I went prepared with my woolly hat, and was glad I had done so.

Those national meetings became what is now the annual National Local Law Societies Conference held at various venues, to which Hertfordshire Law Society regularly sends one or more delegates, and which sometimes takes up more than one day and includes a social programme supported by sponsorship.

Contacting EARLLS My previous article ended, “Members of Hertfordshire Law Society who would like items discussed at future meetings of EARLLS should initially bring them to the attention of a Hertfordshire Law Society Council member.”

This remains true today, although, now I no longer hold the post of Administrator, I can confidently say that the Society's excellent Administrator is another point of contact.

http://www.hertslawsoc.org.uk/

SBA – a good friend in times of need S

BA The Solicitors’ Charity has been working at the heart of the profession for over 150 years to ensure that no solicitor is unsupported in times of need or crisis. Many Leicestershire lawyers have known about the charity since the day they were admitted but for others, news that the profession has its own benevolent fund, run by and for solicitors and their families, is a complete surprise. £37,000 to Leicestershire lawyers and their families SBA’s core purpose is to relieve the financial hardship of solicitors, former solicitors and their dependants. In the last five years, SBA has distributed over £37,000 in outright grants and interest-free loans (usually secured) to Leicestershire lawyers and their families.

Awards cover a wide range of essential everyday needs, including help with the basics, such as food, clothing and heating. SBA can also help with one-off items, when boilers break down or roofs need repairing. On occasion, we can take care of priority debts, if clearing them will bring household finances back on to a permanently even keel.

Help with career transition SBA now offers help with career transition as well as financial support. Solicitors who qualify under the financial criteria can join a three-month programme which offers holistic career, job search and wellbeing support via a professional consultancy.

This is an e-learning, portal-based service, backed up with one-to-one skype and telephone coaching. Where appropriate, SBA can also provide financial support during the programme, so that participants can really focus on their job search, rather than worry about day-to-day household finances.

Help spread the word Despite being one of the best known of the legal charities, general awareness of what SBA can do to help – especially amongst younger solicitors and HR professionals – is still too low and we need our colleagues in Leicestershire to help spread the word. If you know someone who is finding it hard to cope, please mention SBA. If we can help, we will.

A legacy to the profession A gift in your Will can help SBA transform the future for many solicitors and their families. Loved ones come first but a gift in your Will means you can leave a lasting legacy of support for those whose lives in the law have been spent helping other people.

Visit www.sba.org.uk for more information, telephone us in confidence on 020 8675 6440 or email sec@sba.org.uk .

17 ▲

Editorial Advertorial

Ground Stability - Could your clients new property purchase be at risk of sinking?

In association with

In light of recent sinkhole events throughout the UK, leading search provider PSG asked Environmental Data specialists Groundsure to explain the causes of such collapses and how it can affect a conveyancing transaction.

O

ver the last few weeks we have seen a number of ground stability issues occur across the country. Last month a large sinkhole opened up on a residential street in St Albans, measuring 66ft in diameter and 33ft deep. The BBC reported that five homes needed to be evacuated and fifty-two houses were without gas, water and electricity.1 More recently a former mining shaft collapsed leaving a 20ft hole open on a residential street in Newcastle.2 Unfortunately the recent sinkhole event in St Albans is not an isolated one for home owners in Hertfordshire with similar events in Oatridge Gardens, Hemel Hempstead3 earlier this year and in Croxley Green4 twelve months earlier as well as two extensive Chalk Mine investigations in Chantry Lane, Hatfield5 and Highbarns, Hemel Hempstead.6

References 1. http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-34410423 2. http://www.theguardian.com/uk-news/2015/nov/12/sinkhole-appears- residential-street-newcastle 3. https://www.dacorum.gov.uk/home/news/all-news/2015/01/06/hemel- hempstead-sinkhole-update-20-february 4. http://www.watfordobserver.co.uk/news/11015102.Homes_evacuated_ after_sinkhole_found_in_Croxley_Green/ 5. http:/www/welhat.gov.uk/chalkmines 6. https://www.dacorum.gov.uk/home%5Cplanning-development/planning- news/highbarns-chalk-mines 7. http://www.preventionweb.net/files/20623_soilsubsidencepublicationfinalen1.pdf For more information on any products and services from PSG: Email: nickwild@propertysearchgroup.co.uk Visit: www.psgconnect.co.uk or Telephone: 01707 386101

However, a simple report which can be recommended via PSG’s search alert system when you request your searches can identify the potential risks from natural and man-made subsidence that could affect your client’s residential property transaction.

What causes sinkholes?

There are myriad causes of sinkholes, from soluble rocks such as gypsum, chalk and limestone dissolving due to water leakage or groundwater flow, to old mine workings collapsing. There is often more than one cause for a sinkhole to develop – for example old ground workings may have exposed soluble rocks, and subsequently when the ground workings were filled in with looser material to allow development, this allows rainwater and groundwater to percolate into the rock and cause cavities to form below ground level which then collapse.

How can it affect my property purchase?

There are circa 30 – 40,000 subsidence claims per year, which costs on average £300m to the insurance industry. In the event of a particularly dry or wet year this figure can rise to £600m. A report

by Swiss Re estimated that the loss potential from subsidence has increased by more than 50% between 1987 and 2006, with a further 50% increase predicted between 2021 and 2040.7 Groundsure strongly recommends that anyone looking to purchase a property investigates the potential ground stability risk in the vicinity of the prospective property. This can be done by purchasing a desktop report, a range of which are available from PSG, which will highlight any potential issues that could arise from past mining activities and natural instability problems. PSG can also provide you with some appropriate wording to add to your client care letters or any correspondence with your client to explain the risks of Ground Stability and the value of a desktop report.

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Hertfordshire Law Society Gazette

Advertorial

Gilts, Frankincense or Myrrh?

J

ust a little over 2000 years ago, three wise men were deliberating which would be the most appropriate gift for a new born child. They were probably looking for something that would appreciate in value and prove to be a valuable nest egg for the child’s future. But how should one choose the most suitable investments for a portfolio?

Currently, with government bond yields below 3%, the press is awash with comments about an inevitable collapse in bond prices. As a result, many investors have been tempted to forego exposure to government bonds (aka gilts). We would argue that such a strategy could leave you in danger of reducing your portfolio’s diversification to meaningless levels.

We are unsettled by some of the anti-gilt analysis because it encourages investors to replace gilts with junk bonds, absolute return funds or increased equity investment in a misguided attempt to reduce risks. In normal conditions, such a shift would be intuitively wrong, but in today’s world, such moves are somehow accepted as rational.

The motives for these shifts are riddled with inconsistencies and are increasingly vulnerable to the risk of poor forecast. Never mind the seemingly odd logic which suggests that simply because “Asset A” is out of favour, “Asset B” is automatically in favour.

What is most damaging is the notion that a wholesale shift from government bonds can be exercised without reducing diversification.

Diversification is often linked with that cliché about eggs and a basket. However, care should be taken when choosing to diversify with increasingly exotic funds. Considered diversification is about so much more. At the heart of a genuine attempt to diversify is a drive to reduce unnecessary risks. This requires a deeper understanding of the interplay between the broad asset classes as we move from one economic condition to the next.

However, the economy is very difficult to forecast accurately. With all of the research capability at the Bank of England, the Treasury and The City, we still cannot describe how the UK economy will look later this year, let alone ten or twenty-years hence.

Our starting point then must be for the inclusion of assets that we can expect to perform well in one, or more, of the following four economic conditions:

http://www.hertslawsoc.org.uk/

1. High growth / low inflation 2. High inflation / low growth 3. High growth / high inflation 4. Low growth / low inflation or disinflation Gilts perform well in two of the four conditions (1 and 4) and have the added benefit of being increasingly attractive in times of stock market panic. Index-linked gilts and overseas government bonds perform well in periods with higher domestic inflation with mixed performance in times of panic.

In foregoing exposure to gilts, investors are shaping their portfolio for just two of the four potential economic environments highlighted above.

In these instances, corporate bonds are not a substitute for government bonds since they share some equity-like properties. What is more, investors are increasing their portfolio’s sensitivity to falls during times of panic. Given investors’ propensity to sell out of falling markets, this latter tendency is far more damaging in the long-run than one might think.

We are not so contrarian as to suggest that returns from government bonds will be terrific in the next year or so.

Reduced exposure to government bonds may or may not be appropriate for some investors – those in doubt should consult their Financial Planner. But if investors are to reduce government bond exposure, they must do so in the full knowledge that in the long-run they are increasing risks, not reducing them.

The world of investments is full of opinions and trends which can influence investment decisions. It can be easy to get caught up in this short term noise and lose sight of the long game. This can result in poorly diversified portfolios.

Just like the Three Wise Men, we remain resolute in our view that investors holding properly diversified portfolios are in the best position to weather a crisis in the short-term and maintain their risk-return targets in the long-term. A properly diversified portfolio still contains gilts, although sadly frankincense and myrrh are no longer considered as suitable core holdings for a balanced investor.

If you’d like to discuss our thoughts on investment strategies give the team a call on 01462 687337 or email pbailey@provisio.co.uk.

Philip Bailey

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Editorial Conference Report

A TALE OF A TUB? EXPERT WITNESSES CONFER AT THE CUTTING EDGE

by twenty-five barons attended, by some two thousand armed knights, the king’s many previous opportunities for discussion had long since passed. As he was an illiterate despot, reasoned debate was Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green not exactly his strong suit – so Chambers review the 2015 EWI Conference held in September at Church the notion that the events at House, Westminster.

Runnymede were some sort of medieval version of hot tubbing is whimsical at best.

But it’s a thought – and it was rather an effective way, as it happened, to kick off what was to be an important conference.

Insight and controversy

W

hen ‘Gulliver’s Travels’ author and satirist Jonathan Swift wrote ‘A Tale of a Tub’, little did he realise the iconographic power of this somewhat homely image; a tub being a rather lumpen object.

However with lawyers from time to time singled out as the victims of his satirical jibes, it’s not too hard to imagine what he might have thought of that voguish term: ‘hot tubbing’.

For a number of reasons, however, ‘hot tubbing’ has now become a hot topic, especially so at the recent Annual Conference of the Expert Witness Institute (EWI) held on 24th September 2015 in Central London, where it frequently emerged as the prevailing theme to which much discussion turned.

The conference focused on the essential role of the expert witness, who ideally provides a reassuring help in trouble for the barrister or solicitor dealing with a complicated case. The expert witness is he, or she, who is charged with the often complex task of putting

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forward reliable and accurate evidence that, more often than not, may determine the outcome of a case.

Magna Carta ‘Hot tubbing’ certainly featured in many of the discussions and debates.

In this 800th anniversary year of Magna Carta, it was brought into play as a means of launching the conference, with the suggestion that the confrontation of the dissolute King John with the aggrieved barons at Runnymede might be, in a number of respects, a ‘hot tub.’ Well, er – not really -unless you are tempted to point out facetiously that King John had got himself into hot water.

Chaired by Amanda Stevens, the Conference proceeded apace, with speaker after speaker imparting much useful, insightful and sometimes controversial comment on the future of the justice system in general and the varied role of the expert witness in particular.

The Conference as a whole was distinguished in particular by useful, organized and high quality debate.

What emerged as the keynote speech was delivered

by Dr John Sorabji. As Senior Fellow UCL, Judicial Institute -- and Principal Legal Adviser to the Lord Chief Justice and the Master of the Rolls, he covered a number of important points. The first centred on the problem of Litigants in Person (LIPs) whose numbers have proliferated as an unintended

consequence of LASPO. As litigants continue in droves to appear in court without the legal representation they cannot afford, court procedures have had to evolve and adapt in response. The role of judges has therefore undergone gradual change, and so has the use of experts.

Judges now find themselves participating more actively in proceedings, with a correspondingly more active role for expert witnesses.

The overall objective is to adapt court procedures in line with CPR 3.1A which concerns case management and unrepresented parties, i.e. where at least one party is unrepresented. The Rule includes the stipulation that ‘the court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

What experts really think With all this in mind, there were comments by Stephen Webber of the Society of Clinical Injury Lawyers on ‘what solicitors really think of experts’.

Other comments related to what experts think of solicitors, particularly the quality -- or sometimes the lack of it -- in the matter of solicitors’ instructions.

‘Pitiful’ was one of the terms used.

Generally, greater attention to precision, detail and accuracy was called for.

In the modern context a ‘hot tub’ is fundamentally, an inquisitorial (rather than adversarial) discussion if you will, held usually in court with possibly the judge eliciting information from the advocates, and parties in a dispute, as well as, yes, the expert witnesses.

As King John was confronted

Hertfordshire Law Society Gazette

‘We are flourishing!’

Another highlight of the Conference included the EWI Chair’s address by Sir Anthony Hooper, which focused on the fact that there is still no formal certification procedure in place for expert witnesses.

The matter however, has already been reviewed via a pilot study at University College London, anticipating the day when a proper system of certification is set up (and possibly a corresponding rise in fee levels for exerts!). ‘We are flourishing,’ stressed Sir Anthony, elaborating in detail on the essential role of expert witnesses - and the vital contribution they make to the justice system and to justice itself.

Elizabeth J. Soilleux MA, MB, BChir, PhD, FRCPath

Consultant Pathologist Experienced Cambridge and Oxford-trained consultant pathologist with particular interests in haematopathology (lymphomas, leukaemias), cardiovascular pathology & autopsy pathology.

Expert Witness Certificate (Civil Law), Bond Solon / Cardiff University • Biopsy Pathology (esp Lymphoma & Leukaemia) • Autopsy Pathology (esp Cardiovascular Pathology) • Professional Conduct (GMC work undertaken) Dept. of Cellular Pathology, John Radcliffe Hospital, Oxford OX3 9DU Tel: 07798 643879 Email: lizsoilleux@gmail.com www.expertwitnesspathologist.co.uk

www.worcestershirelawsociety.org.uk

23

Uncertainty, the only sure thing

2

016 has all the signs of another uncertain year in the residential property market. With the pace of change even those in the profession and associated disciplines could be forgiven for missing the nuances that could significantly impact conveyancing in 2016 and beyond.

The housing stock shortage isn’t going to be solved overnight. The potential injection of properties resulting from the Autumn Statement, Stamp Duty reforms will possibly generate a flurry of activity at the lower and mid range ends of the market. Of course, there’s also the spectre of Income Tax reforms announced in the July budget which could see many small Buy to Let investors exit the market. There’s a very real chance that they will be paying more in tax and mortgage interest than their rent will cover.

So what if anything could these changes mean for our national obsession with house prices?

best served by providing them with all of the information available on every transaction”.

In Orientfield Holdings Ltd v Bird & Bird LLP [2015] the High Court said that a solicitor had acted negligently for failing to warn their client about plans to build two schools in the same street as the client’s new property.

Who wouldn’t want to know that planning consent had been given for a school, a nightclub, high-density housing, a fireworks factory, a windfarm, a high-speed rail link or a fracking license near their new home?

Furthermore, recent changes to planning policy mean applications which may have failed in previous years may now be granted - creating more potential for aggravation.

It is a legitimate expectation of a client that their conveyancer will look after their wider interests in the transaction and alert them to issues that might affect their use and enjoyment of the property in the years ahead.

Regardless of the short term impact - a lack of new housing, depressed interest rates and increased lending are all ingredients that will lead to further price growth. Some observers predict up to 10% increase in the average house price year on year.

Firms have voluntarily paid compensation to clients in cases where they failed to raise concerns which a planning report would have pointed out.

The new Help-to-Buy ISA, launched on 1st December means savers can earn a 25% bonus on savings towards a new home. Limited to savings of £200 a month, this could mean the initiative will have a smaller impact on first-time buyers. The return of 95% LTV mortgages, however, and the extension of the ‘Help to Buy’ mortgage guarantee scheme is bound to have a positive impact.

Faye Green is a Partner and Head of Residential Property at QualitySolicitors Parkinson Wright.

In 2015 the average price of a starter home increased to an all time peak of £215,000. Regardless of other programs, if this trend continues, the “Bank of Mum and Dad” is likely to continue to become the de facto norm for deposits. Alternative funding sources reinforce the need for conveyancers to employ robust Client Due Diligence (CDD). VERIPHY, a detailed, risk based and auditable electronic AML product, and others like it, will provide economical and easily accessible solutions. A conveyancer’s experience and instinct, however, are still irreplaceable as part of a best practice approach.

Courts, it seems, have now taken this one step further.

Andrew Stradling is Senior Legal Services Manager at Property Information Exchange and Brighter Law Solutions.

Email: andy.stradling@brighterlaw.co.uk Tel: 07775 444 402 Andy Watson is Channel Development Director at Property Information Exchange and Brighter Law Solutions.

Email: andy.watson@poweredbypie.co.uk Tel: 01189 769 479

From a conveyancer’s perspective, the potential for growth in the overall volume of housing transactions informs staffing decisions and business predictions. Observers within the conveyancing search industry suggest that housing transactions could increase by a relatively conservative 4.6%. This may not seem like much, but since many conveyancers are still struggling with how to grow a new business pipeline, even a modest increase is likely to create an impact. Many firms find themselves trying to pursue more work yet worrying how to cope if they are successful.

Providing a comprehensive and ‘best practice’ compliance service is frequently found to be at odds with the profession’s approach to pricing.

By quoting comprehensive search costs firms continue to fear that they will appear expensive. Yet behaving this way they make it more difficult to justify best practice compliance.

For example, since Orientfield Holdings Ltd v Bird & Bird LLP [2015], a conveyancer who fails to undertake planning and infrastructure searches as part of a routine transaction could now be considered professionally negligent.

It’s difficult to speculate why a respected firm didn’t appreciate the risks associated with failing to inform a client of all potential issues. They, however, are not likely to be the last. Thankfully, more and more firms are recognising the positive impact of transparent upfront quotations which include all required and recommended searches.

QualitySolicitors Parkinson Wright’s underlying focus on service and the client’s best interests has reinforced the policy that clients always receive a “Best Practice Search Pack” as standard.

Faye Green:

“Since the recent judgement on the Bird & Bird Professional Negligence case our search packs include Landmark’s Plansearch Plus as well as an Energy & Infrastructure search. We believe that the client’s interests are

24

www.worcestershirelawsociety.org.uk

Editorial Review

Book Review

TUPE Law and Practice Fourth Edition

By Wyn Derbyshire and Stephen Hardy Spiramus Press Ltd ISBN: 978 1 907 444 821 www.spiramus.com EMPLOYERS’ INTERESTS versus EMPLOYEES’ RIGHTS: TUPE EXAMINED AND EXPLAINED An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

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Practitioners dealing with matters relating to TUPE will be pleased to know that the latest – now the fourth -- edition of ‘TUPE: Law and Practice’ has recently been released by Spiramus Publishing.

Even if you don’t need reminding, TUPE refers to the ‘Transfer of Undertakings (Protection of Employment)’ legislation, the purpose of which is to safeguard employees’ rights where a change in ownership of a business has taken place.

TUPE, by its very nature, has always been complex; now even more so, given the recent increase in TUPE-related cases.

Definitely the time has come for another edition of this reliable, well established and now comprehensively updated guide, especially in the light of the new TUPE Amendment Regulations 2014, all of which are aimed at clarifying hitherto uncertain issues inherent in TUPE. Additionally, these regulations

will benefit employees of small companies and businesses.

As the expert authors, Wyn Derbyshire and Stephen Hardy, point out: ‘business transfers are usually aimed at business survival or, ideally, business success’. On the other hand, employees caught up in such transfers are inevitably concerned with the security of their jobs and the terms and conditions of their employment.

Where a conflict arises between employers' interests and employees’ contractual rights, this guide is especially useful for clarifying and explaining the law relating to TUPE and identifying best practice in this area.

The book covers the full spectrum of issues likely to arise in this rather volatile area of law, from employment rights, pensions and insolvency, to contracting out.

New material includes, for example,

Regulation 3 with respect to outsourcing and contracting out or in. Also clarified are ‘joint’ consultation rights and the application of TUPE in cases where the transferor is insolvent.

While the aim of this book is obviously to keep you up to date, the authors note that the European Union has ‘announced its intention to examine whether another revised directive is required’ – something to watch out for in the distant, but not too distant future, no doubt.

In the meantime, if you are a lawyer, not to mention a politician or policy maker this authoritative book will keep you current and well supplied with practical, plain English advice. Also note the handy list of further references and websites.

The publication date is stated as at 31 January 2014.

Hertfordshire Law Society Gazette

Editorial Events

The 30th Annual Bar Conference and Young Bar Conference 2015 ELIZABETH ROBSON TAYLOR OF RICHMOND GREEN CHAMBERS FINDS LOTS TO TALK ABOUT… FROM MAGNA CARTA AND HUMAN RIGHTS, TO THE SCANDAL OF ‘REFERRAL FEES’ Kama Melly

S

o much to do, so little time! It would not be unfair to say that the 30th Bar Conference held at the Westminster Park Plaza, London on 17th October 2015 presented delegates with a rich and almost overwhelmingly varied feast of inspirational and certainly informative events all in one day. But which to choose?

In addition to the speeches -- and really quite riveting they were too -- there were no less than twenty-two breakout seminars, referred to as ‘specialist sessions’ which covered a wide and just possibly bewildering range of topics, from litigants in person and McKenzie friends, to surveillance and privacy, to new business and new developments, right though to the pleasures and the pitfalls of public access.

But more about all this later. Suffice to say that whatever the topic, the general theme of the Conference centred round ‘our role as advocates in the balance between citizen and state’ as introduced in the opening remarks by the Conference Chairman, Kama Melly of Park Square Barristers.

Despite being rescinded a month after it was sealed at Runnymede and then, over the centuries, variously ignored, scorned, challenged, belittled and vilified, Magna Carta has attained almost mythic status among those who are rather fond of freedom and love the law, as it correspondingly strikes terror in the hearts of despots and dictators everywhere.

If you want a very recent example, recall that Chinese government declared the Great Charter to be too ‘sensitive’ to be displayed via a touring exhibition to the general public.

So it was rather cheering to sit in among several hundred barristers in the main hall at the Westminster Park Plaza on a sunny morning back in October and listen to the laudatory remarks about the Great Charter made by Bar Council Chairman, Alistair MacDonald QC in his opening keynote address.

Alistair MacDonald

Magna Carta

‘In this Magna Carta year,’ he said, ‘we remember that the Great Charter has underpinned our legal thinking for 800 years and played a major part in the formulation of the idea of a constitutional monarch, represented for centuries by the Crown in Parliament… and as a result of it, we have had the benefit of living in a remarkably stable society.’

There were two anniversaries noted and alluded to. One was the thirtieth anniversary of the Conference itself. The other -- speaking of the balance between citizen and state -- was the 800th anniversary of Magna Carta, sealed, (not signed) by an illiterate, reluctant and surly King John. Now there’s a document with an amazing degree of in-built survivability.

That stability, combined with ‘a quite astonishing flexibility’ engendered by our proud history of jury trial and the common law has, in Alistair MacDonald’s view, ‘helped us maintain our position as a global financial centre against the stiffest competition’. He added that a vibrant legal infrastructure, admired and emulated in a number of other countries is ‘a vital component of our continued success’.

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But -- there is also universal concern abroad about the direction in which our justice system is heading,’ he continued, citing ‘a number of issues across the fields of criminal and civil law which are having a damaging effect upon access to justice, fairness in civil society and our standing worldwide.’

Referring to the worrying diminution of legal aid and its attendant effects on a number of areas, including professional ethics, as well as access to justice for the lay client, he spoke of the ‘misalignment; in which justice is viewed as an optional extra.’

Discussing the public interest in general and pro bono in particular, he pronounced pro bono as ‘a fine contribution to society, but… no substitute for a properly funded legal aid system.’

Referral Fees: ‘like drug cheats in sport’ The highlight of his speech however, for many a beleaguered barrister, was an exhilaratingly fierce condemnation of ‘referral fees’ deceitfully termed ‘administration fees’ by many an opportunist solicitor. (We know who a lot of you are.)

Commenting on the announcement from the Ministry of Justice that it would seek to crack down hard on referral fees, Alistair MacDonald called for a complete ban on all such fees paid to instructing solicitors by advocates. (We are getting to know who you are too.) ‘Like the drug cheats in sport,’ he said, ‘…there are no depths to the ingenuous and ingenious means by which the cheats would seek to dress up their referral fees.’

Well received by the assembled delegates, (as you can imagine) the matter of referral fees turned out to be one of the hotter topics of the day, together with a lot of other vexed questions relating to remuneration and the acquisition of new business.

Continues on page 30

Hertfordshire Law Society Gazette

Editorial Events

Continued justice,’ she pointed out ‘is at the heart of the rule of law’.

Referring to legal education and the expense and difficulties involved, she warned against a situation in which professional success in the law becomes restricted only to the ‘well connected and well heeled’.

Helena Kennedy You might have assumed at this stage that the Chairman’s speech would be a hard act to follow. If so, you might not have reckoned on the incandescent effect of the address by the next speaker, Baroness Helena Kennedy of the Shaws QC -- who is a bit of a polymath in the realm of the law, being an author and broadcaster as well as a lawyer. Having practised at the Bar for 40 years, she has conducted many high profile cases, from The Balcombe Street siege and the Brighton bombing to the recent Jihadist fertilizer bomb plot. Along the way she has acquired a dazzling array of honours, including 38 honorary doctorates, and is an Honorary Fellow of the British Academy and the Royal Society of Edinburgh.

An outspoken and stunningly effective champion of human rights (which do include women’s rights, don’t you know), Baroness Kennedy spoke briefly of her rise to prominence, from a Glaswegian working class background, in what only a few years ago, was a predominately male profession. ‘I love the law….I love the Bar,’ she said – and like a number other speakers throughout the day, paid tribute to the pre-eminence of the English Bar worldwide and the universally respected integrity of the British courts, declaring that ‘other systems don’t measure up,’ particularly those overlain by religious violence.

‘Independent lawyers and judges are the bulwarks of our system’, she continued, before moving on to related topics and viewing with alarm the current risks of ‘de-professionalizing our profession’ inherent in the current state of affairs in which access to justice is restricted for those unable to afford representation -- and in which so many barristers are tending to ‘migrate’ from such areas as family and criminal law. ‘Access to

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And what remained the best “put down” of the Conference was when Helena described Lord Sumpion’s comments about women holding high judicial office… “we’ve got one” with observation that some incredibly clever people can also be deeply silly!

Developments and departures…

Interestingly, the 2015 Conference featured two significant departures from tradition – as far as we can recall, that is. One was the inclusion of the Young Bar Conference, launched by its keynote speaker, Sir Terence Etherington, Chancellor of the High Court whose message focused on the challenges faced by young barristers and the ways in which such challenges can be met.

Breaking into overt political discussion was, again, something rather new this year. It was the political debate which featured a panel of real live politicians. Not unpredictably, this turned to be one of the most popular of the specialist sessions held at the Conference. Debating human rights, anti-terrorism legislation, access to justice, the funding of the justice system and more, the cross-party panel included Robert Buckland QC MP, the Solicitor General for England and Wales, Andrew Slaughter MP, Shadow Minister for Justice and the Liberal Democrat peer Lord Marks of Henleyon-Thames.

A valedictory When at last the Conference drew to a close, Dominic Grieve rose to the occasion with what some would have called an end-of-term address.

Striking an almost elegiac note, he described, for example, his encounter with the more enthusiastic students of the law, greatly impressed with their unwavering commitment to the Bar as a true vocation.

theme of Dominic Grieve’s remarks, as did the Rule of Law in the UK. ‘The Independent Bar can deliver a more competent service than litigants in person or McKenzie friends,’ he said, adding that with access to justice severely limited, we -- the Bar -- are “a whited sepulchre”, especially with reference to the Criminal Bar. ‘We must ensure that criminal advocacy standards are enforced,’ he said, basically in support of a panel system -- and that ‘our independence and professional ethics are maintained.’

‘New Cinderellas’ Also mentioned in the closing speech were such issues as the proposed Bill of Rights possibly replacing the HRA, (but who knows where or when – as this matter seems to have been relegated to ‘the back burner ’). Also put forward was the obvious need for reform, or at least raised awareness in so many other areas, including the relationship between the Bar and Parliament, considering the dangerous times we live in, with justice and national defence ‘the new Cinderellas of government expenditure’.

Change in the offing Continuing on a fairly positive note, however, were Dominic’s comments on the current Lord Chancellor, who even though ‘at the neocon end of the spectrum’, has ‘keen intelligence and a strong sense of the significance of his office.’ The Bar then, must be prepared for the advent of certain changes, some eagerly awaited, like the abolition of the awful ‘criminal government surcharge’, which it is hoped, will soon be long gone. Nevertheless, as stressed in most of the debates throughout the Conference, Dominic concluded by saying that the Bar must remain vociferous in its own defence and that of the public interest, ever fiercely protective of ‘the balance between citizen and state’.

Here, excellence in advocacy at the Independent Bar became the prevailing

Hertfordshire Law Society Gazette