issue 51 Summer 2022
Hertfordshire Law Society Gazette
HLS Legal Excellence Awards 2022 Report on pages 14-19
Also this issue: • The Criminal Bar Action June 2022• Grace Ononiwu Event • Annual Dinner report • Expert Witness Institute Online Conference • Too hot for cats and much more...
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Contents
Hertfordshire Law Society Gazette
Contents issue 51 Summer 2022
4
Council Members for 2022
12
Tackling lack of empathy in law firms
24
EWI Online Conference Report
5
From the President
14
Annual Dinner Report
26
Ground Hazards and Due Diligence
5
It’s too hot for a cat!
18
HLS Legal Excellence Awards 2022
28
Rallying cry for adoption of UPRN
6
HJLD Boat Party
20
Remember A Charity
30
Digital conveyancing Index
7
The Criminal Bar Action - June 2022
22
Charitable Wills
33
Reducing the cyber risk exposure of
10
Grace Ononiwu Event
23
Book Review
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legal practices
Published: Summer 2022 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 2022 President Steve Hamilton Taylor Walton LLP (Harpenden) Private Client Vice President Diana Kirsch University of Hertfordshire (Hatfield) Hon Secretary and Treasurer Jessica Moseley Debenhams Ottaway (St Albans) Immediate Past President Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation
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Members Marilyn Bell SA Law (St Albans) Family David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation
Jessica Moseley Debenhams Ottaway LLP Probate and Trusts Dilpesh Shah Pellys Solicitors Limited Property & Commercial
(From January 2022 until 31 December 2023) National Council Member
The Law Society
Josephine Duchenne National Council Member for Hertfordshire and Bedfordshire (from 15th October 2021)
Relationship Manager – East Jack Dunkley Parliamentary Liaison Officer Judith Gower
Claire Sharp Debenhams Ottaway (St Albans) Private Client Christiane Colborn Elite Law Solicitors Gary Smith Nockolds Solicitors Limited (Bishop’s Stortford) Employment
Hertfordshire Law Society Gazette
Editorial
From the President... After a very long two years away we were delighted to finally be able to host our Annual Dinner on 9th June 2022, returning to the historic Old Palace at Hatfield House. It was a fabulous evening, with record numbers in attendance, and I hope that those of you that attended enjoyed the evening as much as I did. It truly was a pleasure to see everyone back out there in person, all dressed up and having a good time. Vice President, and incoming President, of the Law Society of England & Wales Lubna Shuja and the High Sheriff of Hertfordshire, Sally Burton were both excellent speakers, and I could not help but be dazzled by the skills and talent of both the magician Ben Wolfe and caricaturist, Dan Pilkington, who entertained us for the evening. A full report with pictures from the evening is on pages 14-19, but I would again like to say a special thank you to both Judith Gower the Treasurer and Honorary Secretary of HLS and Diana Kirsch the Vice President of HLS, for their invaluable assistance with the organising and planning of the event this year. Huge thanks also to our headline sponsor Poweredbypie (a Dye & Durham Company), and our other sponsors for the evening DictateNow, Badenoch & Clark, Tower Street Finance and EstateSearch. HLS continues to maintain its commitment to members this year by running a diverse
range of professional development events. Hertfordshire University and Hertfordshire Law Clinic in conjunction with HLS ran an interactive discussion on the new no fault divorce rules in April and we subsequently ran a Private Client professional development event in June in conjunction with our sponsor, EstateSearch. We have three further professional development events scheduled for later in the autumn on Conveyancing, Family and Compliance issues and I would urge members to please attend the events as they are free for HLS members and therefore good value for our member firms. In mid-May I attended the local law societies virtual town hall meeting hosted by the President I. Stephanie Boyce and Vice President Lubna Shuja. Top of the agenda was a call to action to support the Law Society’s criminal legal aid campaign to stop criminal legal aid from collapsing. In five years’ time, we may no longer have a criminal justice system worthy of the name: • The number of criminal legal aid firms has almost halved in the last 15 years • duty solicitors are increasingly scarce in some parts of the country • only 4% of duty solicitors are under the age of 35 After 25 years of cuts, the government now has the opportunity to invest in our justice system and put it on a sustainable footing. However, the government’s proposals for criminal legal aid for solicitors are 40% below what the Independent Review of Criminal Legal Aid identified as the bare minimum needed to
It’s too hot for a cat! A
pologies for the delay in writing this but the weather is far too hot. You try walking around in a fur coat and bare feet in this weather. I don’t usually like fans but I have discovered I do when it blows cool air in my direction. They keep cool by swimming in lakes – why? Water is horrible stuff. They also eat ice-creams or lollies which I am not allowed to have. They
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mutter about vitamin D but I’m getting my vitamin M for mouse or B for bird! Just as they stop shouting at the TV for one reason they start for another reason – why? What is wrong with you hoomans. We work out who is top cat by having screaming matches and fights you decide by elections between certain people. Madness! Let them have a good cat fight and that will sort it all out. My hooman mother has been meeting up with
start to address the crisis. Learn more about what the Law Society is doing here https:// www.lawsociety.org.uk/topics/legal-aid/ defending-the-future-of-criminal-legal-aid and get involved if you can. On the lovely sunny evening of 7th July I attended a drinks reception and the formal renaming of the Grace Ononiwu Law Court Building at the University of Hertfordshire in honour of Dr Grace Ononiwu CBE, alumna and the first Afro-Caribbean person to serve as Chief Crown Prosecutor in the UK and currently Director of Legal Services for the Crown Prosecution Service (CPS). It was a fantastic evening of food, drink and entertainment with some awe-inspiring stories from Grace and her fellow alumni. Coming up (and at the time of writing), I am due to attend the local law society conference on the 14th July and then the day after I am in the Isle of Wight for the second meeting of the year of the Southern Area Association of Law Societies (SAALS), and I look forward to updating the members on both, in the autumn. Once again I thank the committee who all volunteer and are busy working hard to plan for more events in the year. If you have any interest in joining the committee or any ideas for events, lectures or seminars then please get in touch. Steve Hamilton President, Hertfordshire Law Society
the golden one and his mother on Fridays recently. They did come in last Friday to see people and he demanded to go in the garden. Luckily I stayed upstairs pretending to be asleep. How his cat Oliver manages I don’t know. I forgot to mention that I was 5 on July 22nd. They wished me happy birthday but didn’t buy me anything! I gave myself a present of a bird. @princessgigi2019
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Hertfordshire Law Society Gazette
Editorial
The Criminal Bar Action – June 2022 T
he Criminal Bar action entered its third week commencing 11th July 2022, in which the there will be “days of action” from Monday to Thursday; and the following week after that, it’s a full week out of court, and so on for every other week thereafter. Barristers are also declining to take on any new cases. So if somebody is charged with a serious criminal offence and appears at the Crown Court for the first time after today, there will be no defence barrister available. They are also pursuing a policy of “no returns” for covering cases when other barristers become unavailable, as withdrawal of goodwill, which the Barristers will say is an essential part of the Criminal Justice system they help to maintain. As the Secret Barrister says in their blog “The Criminal Bar Strike – 9 things you need to know” “Put simply, starting today, we are taking part in ‘Days of Action’, in which those of us who are instructed to defend in legally-aided criminal cases are not going into court if we have one of those cases listed”. They are also declining to take on any new cases. Where a defendant is charged with a serious criminal offence and appears at the Crown Court for the first time during this period, it may be that there will be no defence barrister available. The sense of grievance Criminal Barristers feel has not come about overnight, but has been brewing for some time. In fact criminal barristers first pursued a no returns action some time ago in 2018, but suspended this action by promises from the then Theresa May administration to increase fees (by a small amount) and undertake a full independent review of criminal legal aid. This review was hugely delayed, and finally published in 2021. Dominic Raab, the current Justice Secretary and Lord Chancellor, eventually responded in March 2022 with an interim offer, but his interim and preliminary offers are seen as a betrayal of the spirit of the report’s findings, and it postpones
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many the of increases until after 2024. Furthermore, Raab has delayed his final response to CLAR (Criminal Legal Aid Review), until the autumn of 2022. This action is not simply about the appallingly low rates of remuneration for junior Barristers, it is about the perceived denigration of the whole Criminal Justice system by the implementation of so many cuts since the financial crisis of 2008, and the policy of austerity pursued by Conservative Governments since then. As the Secret Barrister reports, From 2010, the criminal justice system lost 21,000 police officers1; a quarter of Crown Prosecution Service employees2 and twenty per cent of court staff3. Forty three per cent of courts nationwide4 were closed and/or sold off. Of the courts that remained, the government artificially restricted how many days each year they were allowed to open, which caused an enormous backlog in the Crown Courts, long before COVID5. As a result, it is estimated that a quarter of the Criminal bar have left the profession in the last five years. The Secret Barrister refers to reports indicating a further 25 percent are seriously considering leaving. The pool of future talent for both Prosecution and Defence barristers, and future Judges, is exponentially diminishing. And the argument is made that with diminishing Barristers able to act in Criminal cases, the record backlog in the Crown Courts – nearly 60,000 cases – and the delays of years built into the process already, will only get longer. It means dangerous criminals not being brought to justice. It means victims of crime being failed. And it means innocent people being wrongly convicted. The independent report on criminal legal aid (CLAR) that the government was delayed from 2018 to 2021. When it was finally published last year, it recommended an immediate uplift of 15% to legal aid fees as the “minimum necessary” that should be brought in “as soon as practicable” with “no scope for
further delay“. The report made clear to the government that “further sums may be necessary“. Dominic Raab has claimed to have offered a “15% pay rise.” The Bar council would say this is disingenuous and wrong, and the actual increase is closer to 6 per cent. Furthermore this meagre rise it will only apply to cases that begin in October 2022. Given that Barristers only get paid when a case concludes, and given the delays in the system, they will only begin to benefit from 2024. Add to that inflation running at 10%, this offer is actually nowhere near what the CLAR recommended as a bare minimum. This is why the Bar is striking! The Barristers are asking for an immediate increase of 25% to fees. This may seem a lot, but actually takes into government savings of £240m in criminal legal aid during the Covid lockdown, while criminal barristers were forced to work for free to keep the system running. It also reflects the fact that the 15% baseline increase was recommended last year, before inflation rocketed. As the Secret Barrister also sets out; • To be paid for the written work that we do. Hours and hours every week of written work, often to assist the court, for which we currently get paid £0. • To be paid for our work when a trial that we have fully prepared is moved by the court to a date that we cannot do. • An independent pay review body with the power to make binding recommendations to ensure that legal aid is sustainable, and to avoid our livelihoods being used as a political football. Like Dominic Raab and his fellow MPs have. Of course Criminal Duty Solicitors are in a different contractual position in relation to the Ministry of Justice; are tied to the Legal Aid Contract to provide services, and cannot strike in support of the Barristers, as set out comprehensively in the Law Society Guidance during Criminal Bar Association Action, published on 24th June 2022.
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Editorial Articles
Criminal Bar Action (Continued) “We have received legal advice that, other than in the rarest situation, it would almost certainly be in breach of a solicitor’s professional and contractual obligations to provide consent to a barrister’s absence in the manner suggested, or to invite their client to do so.” Nevertheless, of course there is broad support in principle to the Bar action from Solicitors. Solicitors have bourn the burden of successive cuts, especially from 2010 onwards as well as the Criminal Bar. The most illuminating figures to have emanated from CLAR are as follows; In 2010 there were 1861 Criminal Legal Aid firms…. In 2019 that figure had diminished to 1271….
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In June 2020 that figure had further diminished to 1147…. In 2021 that figure fell further to 1090. These figures represent a 40% drop since 2010, and a 5% drop only from 2020. The system has been on its knees for years, and the Government has now effectively ignored the report it itself commissioned! Surely it is now time for all advocates to unite and bring pressure to bear on this Government and effect proper change.
Massimo Trebar, Criminal Duty Solicitor 11.7.22
Notes 1 https://www.bbc.co.uk/news/uk-42977661 2 https://www.huffingtonpost.co.uk/ entry/cps-can-not-handle-more-cutswarns-attorney-general-geoffrey-cox_ uk_5c4850c9e4b025aa26be9ee3 3 https://www.lawgazette.co.uk/news/1bncourts-repair-bill-is-threat-to-justice-systemmps-report/5112296.article 4 https://www.localgovernmentlawyer.co.uk/ litigation-and-enforcement/400-litigationnews/50835-bar-council-urges-politicalcommitment-to-invest-in-local-justice 5 https://www.lawgazette.co.uk/news/crowncourt-sitting-days-decision-political-seniorpresiding-judge/5101368.article
Hertfordshire Law Society Gazette
Events
Grace Ononiwu Event
O
n Thursday 7th July Hertfordshire Law School held an event to celebrate alumna Dr Grace Ononiwu CBE, patron of the University’s Law Clinic and the first Afro-Caribbean person to serve as Chief Crown Prosecutor in the UK. Grace, who was appointed Director of Legal Services for the Crown Prosecution Service (CPS) in April 2021, graduated from Hatfield Polytechnic (now the University of Hertfordshire) in 1988 with a degree in BA (Hons) Law and Social Sciences, before qualifying as a solicitor three years later. She then joined the CPS and rose quickly through their ranks. Not only was Grace the first Afro-Caribbean Chief Crown Prosecutor in the UK, but she was also the first woman to hold the position in Northamptonshire, the East of England, and West Midlands regions. Grace was awarded an OBE in 2008 in recognition for her work within the CPS and received an Honorary Doctorate of Laws from the University of Hertfordshire in 2017, for her contribution to justice and the legal system, including her ongoing work to promote legal education. She received a CBE in 2019 for her services to law and order. Last year the University named its Law Court Building in honour of Grace.
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The recent celebratory event began with Grace hosting an inspiring Q&A session for all Hertfordshire Law School students. The students were very keen to ask Grace lots of questions covering a range of topics including her career path following graduation, the main challenges she faces in her current role and how she has balanced her career with being a parent. When asked what her 3 top tips for the students would be, Grace said: “Work hard and know your business, mind your business and when someone tells you no, no is not an answer it is an opportunity."
most successful and inspiring alumni including Grace. It was also announced that Grace would return to the University as a Visiting Professor. Speaking at the event, Vice-Chancellor Quintin McKellar said: “Grace has had a hugely successful career to date and acts as an inspirational role model to so many of our students, past and present. She already shares her insights and experience with our students and colleagues, inspiring them to become the best that they can be and to help them reach their full potential.
The Q&A was then followed by a networking event which gave Hertfordshire Law School students a fantastic opportunity to talk to employers and former students about their career journeys. We were delighted to be joined by solicitors, barristers and representatives from Hertfordshire Police, the Crown Prosecution Service and prison officers from HMP The Mount. The evening celebrations began with a drinks reception and a performance from the amazing B Positive Choir. This was followed by the official naming of the Law Court Building and the unveiling of the Law School alumni wall which showcases some of the Law School’s
Hertfordshire Law Society Gazette
Events
Grace, Hertfordshire is your university. You will always be part of our community and family. I am delighted to invite you to become a Visiting Professor at the institution, and I would like to thank you for everything you have done and continue to do for the Law School.” Dr Grace Ononiwu CBE said: “I am proud to be an alumnus of this University and I am of course, proud of what the Grace Ononiwu Law Court Building symbolises. It symbolises excellence, inclusivity, and pride.
I want every student who walks through those doors to understand that whilst there are challenges along the way, anything that is not difficult usually is not worth having. They must keep their head up, be proud,
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keep focused, and always remember that when you hear no, that is not an answer, it is an opportunity. Success comes to those who are brave enough to try.” When addressing Grace’s role as patron of Hertfordshire Law Clinic, Diana Kirsch, Associate Dean Enterprise and Director of Pro bono, said:
“Grace’s genuine commitment to the clinic and her interest in our students ensures they are always delighted to see her…Grace is an inspirational champion for our students and she has an unparalleled ability to challenge them to achieve their potential.” The event comes in the same month Hertfordshire Law School received an impressive overall satisfaction score of 81% in the National Student Survey and
jumped a significant 39 places in the Complete University Guide league table rankings, making it the highest riser in the East of England and second highest out of all UK universities. The University’s law provision is delivered by a diverse range of current and former solicitors, barristers, industry professionals and researchers, enabling students to gain an excellent education alongside practical experience. Students can get involved in pro bono activities to help build their skills, including volunteering for the Law Clinic.
The University of Hertfordshire has also been authorised by the Bar Standards Board (BSB) to deliver barrister training, the first time a university has received approval since 1997. The Law School will deliver two vocational programmes, PgDL Bar Practice and LLM Bar Practice, with both courses starting in January 2022. Rebecca Howell
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Advertorial
New guide tackles lack of empathy in law firms
A
s data reveals UK legal firms often fail to deliver the personal touch1 – a new guide has been launched to help improve client care and service delivery with empathy. Leading outsourced communications provider Moneypenny has compiled the free guide to help lawyers improve their reputation for client care, build more valuable relationships with clients, reduce client churn and maximise profits. Calling on its experience handling 2 million customer interactions for more than 1,000 UK legal firms each year, Moneypenny’s guide includes include practical tips to improve empathy in legal practice and ensure employees’ use of language hits the mark. It also addresses the importance of active listening and the need for empathetic leadership, plus it also includes a short quiz to help firms ascertain just how empathetic they are. Joanna Swash, CEO of Moneypenny said: “This guide reminds lawyers of the commercial necessity for empathy and shows how they can engrain it into their practices and service delivery – reassuring clients that they’re not only being heard but also listened to and understood.” “The pandemic has changed the relationships we have with each other –
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our peers, colleagues, and clients – and it’s made human connection more appreciated than ever. The legal business winners of the last two years prioritised empathy and have reaped the financial rewards for doing so. But as the world returns to normal we have to make sure we don’t forget the importance of these behaviours.” Bernadette Bennett, head of the legal sector at Moneypenny said: “As a business that handles inbound and outbound communication around the clock, we know first-hand that empathy shapes client experience. It underpins how we connect with others and has the power to transform reputation. Actively listening and displaying empathy not only puts nervous and vulnerable clients at ease but offers valuable insights that can shape service delivery, and put you at the forefront of your market.” The guide was developed with insight from emotional intelligence expert and founder of the EI Evolution, Sandra Thompson. Sandra is the first Goleman emotional intelligence coach in the UK and an experienced customer experience management consultant. Sandra Thompson said: “Neuroscience tells us that it’s impossible to know exactly how someone else is feeling, yet the value of demonstrating that you’re doing your best to understand is huge – particularly when it comes to business.
Brilliant client service experiences are built on empathetic interactions. That’s how you keep your clients loyal and make your employees feel empowered.” The guide is available to download for free on Moneypenny’s website, at https://www.moneypenny.com/uk/ resources/blog/free-resource-puttingempathy-at-the-heart-of-customer-care/ Moneypenny’s 95-strong team of dedicated legal receptionists provide firms with outsourced switchboard, managed live chat and outbound calling support – delivering scalable solutions that help legal practices remain agile, protect reputation and deliver a first-class client experience. Established in 2000, Moneypenny is the world’s market leader for telephone answering, live chat, outsourced switchboard and customer contact solutions. In total, more than 21,000 businesses across the UK benefit from Moneypenny’s mix of extraordinary people and ground-breaking technology. For more information about Moneypenny’s work with the legal sector, visit www.moneypenny.com Notes 1 Research from Insight 6’s Professional Services Client Journey Report 2021
Hertfordshire Law Society Gazette
Social
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Е Annual Dinner
Annual Dinner Report T hank you to all who attended our annual dinner and legal excellence awards at the historic Old Palace at Hatfield House on Thursday 9th June 2022. The evening was extremely wellattended and began in the beautiful gardens with a drinks reception followed by the annual dinner and legal excellence awards.
two for Hatfield Park together with a meal for two and a bottle of wine, and a £150 gift voucher for Dr Marten shoes. The raffle raised in excess of £1,250 for the charity and we hope that our lucky winners enjoyed their prizes! Steven Hamilton President, Hertfordshire Law Society
Perhaps it was the fact that we have all been somewhat isolated from each other for so long but there was a particular buzz of pleasure that we were able to actually get together for this fabulous annual event once again.
Top table guests included the present Vice President, and incoming President, of the Law Society of England & Wales Lubna Shuja, the High Sherriff of Hertfordshire Sally Burton and presidents from neighbouring local law societies Michael Frape of the Cambridgeshire Law Society and Jabeer Miah of the Northamptonshire Law Society. We were also pleased to welcome a table made up of members and former members of the judiciary Her Honour Judge Lana Wood, His Honour Judge Sandeep Kainth, His Honour Stephen Warner, Her Honour Carolyn Mellanby, District Judge Annabel Pilling and His Honour Andrew Bright QC. Lubna delivered a very powerful speech which was particularly felicitous in the strange and surreal times we find ourselves in. Our chosen charity for the evening was the Hertfordshire Community Foundation, an independent charity that aims to encourage local philanthropy, the giving of time, resources or both by local people to help support their local communities and we were delighted to welcome the High Sherriff of Hertfordshire Sally Burton on behalf of the charity who gave a speech about their work to increase philanthropy. Thanks to all who supported the charity by purchasing raffle tickets at the dinner. Prizes included a £100 gift voucher for the Grove Hotel & Spa, a Harvey Nichols Premium Hamper, Entrance tickets for
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Hertfordshire Law Society Gazette
Annual Dinner
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Annual Dinner
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Hertfordshire Law Society Gazette
Annual Dinner
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Awards
Legal Excellence Awards 2022 and Prize Winners
Junior Lawyer of the Year Katie Smits, Crane & Staples Solicitors
Excellence in Client Services Debenhams Ottoway
Lifetime Achievement Award Michael Bottomley, Ewart Price Solicitors
W
e are delighted to announce the winners of our Legal Excellence Awards and prizes. Many, many congratulations to all the nominees and to those of you who were short-listed. The competition across the categories this year was very high and the members of the judging panel were extremely impressed with the quality of the applications.
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Hertfordshire Law Society Gazette
Awards
Hertfordshire Law Society Community Engagement Award Olive McCarthy, Taylor Walton
Hertfordshire Law Society Prize for the best second year student at Hertfordshire University Anna Lampard
Hertfordshire Law Society Prize for the trainee with the highest LPC score Lauren Windsor, Taylor Walton
Newly Qualified Solicitors Ulug Gomes-Pessoa, Taylor Walton
Lizzy Lim, Trust Pilot (in house)
Emily Bullen, Herts County Council
Daniel Tominey, Debenhams Ottaway
Charlotte Brown, Stowe Family Law
And finally… A huge thank you to our generous sponsors: Headline Sponsor – poweredbypie (A Dye & Durham Company), DictateNow, Badenoch & Clark, Tower Street Finance , EstateSearch
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Editorial Charity
R
Remember A Charity appoints Lucinda Frostick as new director
emember A Charity has today announced the appointment of Lucinda Frostick as its new director, to lead the 200-strong charity consortium in its aim to grow the legacy market and normalise gifts in Wills.
Since its inception Remember A Charity has lobbied government and the legal sector, and communicated with the Will-writing public through a mix of consumer advertising, marketing, public affairs and strategic partnerships. Lucinda will pick up the reins from director Rob Cope, who is stepping down after leading the organisation for the last 12 years and moving to a new role within the Chartered Institute of Fundraising, as Executive Director of Membership and Charitable Giving. Allan
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Freeman,
chair
of
Remember A Charity stated: “Rob has been instrumental in the campaign, he has truly transformed it into what it is today with the support of 200 charity members and almost one in five people in the UK are leaving a gift to charity in their Will. We thank him sincerely and wish him the best in his new role.
“As we enter a new strategic phase, Remember A Charity is stepping up in terms of how we reach consumers allyear-round, working closely with financial advisers and on Will-writing guidance. We’re at the cusp of the biggest intergenerational wealth transfer of all time, which will provide a golden opportunity for legacy giving, so it was vital that we appointed someone with
strong communications experience as well as a robust understanding of the legacy field, who can build on our existing work.”
Rob Cope said: “Lucinda brings with her a huge amount of communications, PR, campaign and legacy sector experience, which will be invaluable in growing legacy giving further and leading Remember A Charity’s new strategic plan. I’m so pleased to be passing the baton to someone who is so passionate about legacies and the massive impact this type of giving can have for charities.” “The campaign really is a fantastic example of what can be achieved through sector collaboration and I can’t wait to join the team, working with
members and partners in our shared mission of normalising such a vital form of giving.” - Lucinda Frostick Since 2008, Lucinda has been an Associate Director at Turner PR, a specialist trade PR and communications agency for the charity sector, where she managed accounts for several sector bodies and campaigns, including; Remember A Charity and the European Fundraising Association. Leading both strategic communications and key collaborative research projects, Lucinda has built significant specialist knowledge of the legacy giving market. Prior to this, Lucinda was Head of Communications at CIOF (which at the time was the Institute of Fundraising) and Communications Manager at The Giving Campaign.
Hertfordshire Law Society Gazette
Charity
Remember A Charity calls on legal advisers to talk charitable Wills
W
ith charities across the country facing urgent funding needs and rising costs, national consortium Remember A Charity, is calling on legal advisers to make Will-writing clients aware of the option of leaving a charitable gift in their Will, after taking care of their loved ones.
Wills are a vital funding stream for charities and the consortium estimates that just a 4% increase in the proportion of people leaving a gift in this way could raise an extra £1 billion for good causes each year. Every day 100 people write a charity into their Will1, and within the next decade alone, that income is expected to bring in over £40 billion, 2 but there are still many people who are unaware they can leave a donation in this way. Remember A Charity is on a mission to normalise charitable gifts in Wills, working with over 800 solicitors and Willwriters across the UK, who have signed
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up to its Campaign Supporter scheme. Earlier this year, it3 found that one in five (22%) Wills handled by UK legal advisers now includes a charitable beneficiary.
Lucinda Frostick, Director of Remember A Charity, says: “Solicitors and Willwriters play a crucial role in building understanding around gifts in Wills among their client base. Even the simplest of references to the option of leaving a gift to charity from a client’s Will can double the chances that they will do so. “For more and more people across the country, their Will is not just an opportunity to support loved ones, but a chance to leave a legacy. This income stream from gifts in Wills has never been more critical or valued.” The appeal comes in the build-up to the consortium’s annual Remember A Charity Week (5th-11th September), which serves as a springboard to raise
the topic of Will-writing with clients. Will-writers and solicitors who join Remember A Charity’s Campaign Supporter Scheme are listed in the consortium’s online directory of legal advisers and are issued with a resource pack to help them open up conversations with clients about charitable Will-writing during and beyond Remember A Charity Week. This includes logos, social media images, web banners, information sheets, press releases, templates and much more. Lucinda Frostick, adds: “Remember A Charity Week is a celebration of the huge impact of charitable bequests, ensuring that all clients are aware that they have the opportunity of leaving a gift in their Will, no matter how big or small.” To find out more or join Remember A Charity’s Campaign Supporter Scheme go to https://www.rememberacharity. org.uk/about-us/for-solicitors-will-writers/ join-us/
Hertfordshire Law Society Gazette
Review
Book Review BESWICK AND WINE: BUYING AND SELLING PRIVATE COMPANIES AND BUSINESSES 11th edition By Susan Singleton ISBN 978 1 52651 612 1 Bloomsbury Professional www.bloomsburyprofessional.com INVOLVED IN PRIVATE COMPANY MERGERS AND ACQUISITIONS? CHECK OUT THE NEW ELEVENTH EDITION OF THIS AUTHORITATIVE TEXT An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator As its author Susan Singleton explains, this new edition of Beswick and Wine is ‘primarily designed for solicitors, accountants and corporate financiers involved in private company mergers and acquisitions,’ adding that ‘it provides a step-bystep guide to the sales and purchase process and the key commercial tax and legal issues arising from it.’ Aimed in effect, at all practitioners dealing with private companies and businesses, it is no wonder that this long-established work of reference has now been brought out in this, its latest edition -- the eleventh, no less, from publishers Bloomsbury Professional.
certainly timesaving for busy practitioners. The author is careful to stress that the subject matter of this text applies specifically to private companies, pointing out that there are important additional rules applicable to the sales of public companies which are not addressed in this book. Also stressed is the fact that although mergers and acquisitions activity has continued despite the coronavirus pandemic from 2020 to 2022, ‘the bread-and-butter work of an M&A lawyer’ continues to be in relation to legal due diligence -- and drafting and negotiating the share of assets sale agreement and ancillary documents -- ‘the core of the book.’ In all this, the book certainly excels -- and it is small wonder that the author has been responsible for the previous four editions, continuing a distinguished publishing pedigree dating from about 1979 when the early editions were written solely by Humphrey Wine, with later editions edited by Simon Beswick. Now in the time of post-Covid and post-Brexit, this new eleventh edition incorporates important changes in the law ‘and applicable regulations’ since the last edition -- and as you would expect, there is detailed coverage of case law. Also note the tables of statutes, statutory instruments, cases, and EC material, plus 15 pages of downloadable precedents in Part VI -- accessible online using the password provided. As the author reminds us, ‘most acquisitions in the UK are not of public companies’ -- an excellent reason why practitioners embroiled in the sale and purchase of private companies and businesses should acquire the latest edition of this highly regarded text. The law is stated last as 1/06/22. The paperback eleventh edition was published by Bloomsbury on 30/06/22.
Primarily and most importantly, the book presents a logically organised and detailed viewpoint which focuses first on the seller’s perspective in Part I and the purchaser’s perspective in Part II. Both the buying and selling processes are presented in a logical six-step order consisting of -----assessment... preparation... marketing... negotiation... and finally, agreement. As the numerous tangled pathways toward the Nirvana of agreement can be more than a little difficult to navigate, (including the attendant legal implications), the authoritative guidance this book provides should prove invaluable and
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Expert Witness
EWI Online Conference, 20th May 2022 The Modern Expert: Relevant, Current, and Evolving Sponsored by MLAS, Collections, and Bond Solon
Redwood
An appreciation by Elizabeth Robson Taylor MA and Phillip Taylor MBE of Richmond Green Chambers
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e know the Expert Witness Institute (EWI) is the true voice of the expert witness community. Its aim is to champion experts from all professional disciplines and the lawyers who use their services. So, this annual conference was an excellent way to network even virtually. EWI’s mission supports the proper administration of justice plus early resolution of disputes through highquality expert evidence from specialists. And this year, we were very fortunate to hear from Lord Hamblen from the Supreme Court. He gave an absorbing, erudite, informative, and positively compelling keynote speech, excellently chaired throughout by Saba Naqshbandi, whom we welcome to the role. It remains a somewhat surreal experience for 2022 without the face-to-face chats, the nattering, and meeting up with old colleagues: coronavirus still hung around our thoughts. Hamblen’s Keynote Speech
Of great interest to the attendees, the Conference really began with Lord Hamblen (pictured left) offering up a summary of his professional background, and what a background. This included the various kinds of expert evidence which he had encountered, both as a barrister and judge. He described how he used to work with experts as counsel, what he had found particularly useful in terms of expert assistance, and how he would seek best to deploy that assistance.
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When discussing his experience as a judge, he suggested how an expert can best assist judges, including some key ‘do’s and don’ts’ based on his general experience. And then he raised current issues relating to expert evidence from recent cases which can be seen in the recording of the speech from EWI.
uptick in cases expressing concerns about inadequate expert evidence”. And, he said, he “lamented the fact that recent case law suggests that the principles set out in the ‘Ikarian Reefer’ (now summarised in CPR 35) are frequently not being adhered to”. Ruefully adding, “the principles are being duly recited, but not acted upon”.
Over his career, Lord Hamblen has encountered a great variety of different areas of expertise and experts. And his distinguished career surprised some of us!
Lord Hamblen also referred to Mr Justice Fraser’s list of points to be considered by experts and those instructing them, taken from the ICC case. His discussion of cases was always going to be another main point for those watching when he referring to these specific areas: partiality, relevant expertise, conflicts of interest, and failure to comply with expert duties highlighted relevant quotes from the judgements.
The Do’s: Understanding Working with experts as counsel, Hamblen suggested the key issue was ‘understanding’. “To think on their feet in cross examining an expert a barrister needed to be able to think like an expert”, he said. Other key ‘Do’s’ included clarity, structure, reasoning, building trust and confidence. The Number One Don’t Number one ‘Don’t’ was to ensure that the expert is avoiding anything which might compromise their independence and impartiality. Secondly, avoid being an advocate. “It is counsel’s job to argue the case”, he said, and we are sure all advocates attending would agree. “It was not the role of the expert”, in his view, “because they make points, explain points, but do not argue them.” Sound advice, we think, and probably one of the most important messages we took away from the day. The third, related ‘Don’t’, according to Lord Hamblen was: “know the limits of your expertise”. Which we are sure, everyone does. Hamblen illustrated the importance of all these ‘Don’ts’ from recent cases regarding his view of the proper approach to expert evidence. “Despite the basic rules regarding expert evidence being well known, and the applicable principles changing little in recent times”, he noted that “there has been a notable recent
Hamblen concluded with the hope “that the personal insights he had provided”, plus recent cases “offered a helpful basis for thought and discussion at the conference”. Indeed, it did! And such insights would provide some guidance to those in the important role that they perform as experts before the courts. He commented that “more and more cases seem to involve experts of one kind or another and that they play a very important role in dispute resolution, whether that be through settlement, mediation, arbitration, or litigation”. As always, it is a pleasure to hear from the EWI Chair, Martin Spencer (pictured left), concluding proceedings. We all welcome the launch of the EWI’s Core Competency Framework for Expert Witnesses as the final plans for the re-launch of Certification is awaited. It has been a long time as we have reported on the need for certification for some years. Sage advice as always from Martin ending the virtual performance on a high note. So, another virtual “au revoir” until 2023. Perhaps we can all meet up together in person once more to enhance the detailed panel discussions and future breakout sessions!
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Ground Hazards: Due Diligence for Today and the Future By Dr. Tim Farewell, Head of Science, Dye & Durham
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o ensure that home buyers have a clear understanding of possible hazards or restrictions that have the potential to affect their future home, a diligent property professional will always recommend undertaking a variety of searches for every residential transaction. A contaminated land or flood search are often routinely undertaken by many, regardless of location, property type, size, proposed use or client. Yet, other well-known environmental issues such as subsidence, which has the potential to create a problem with lending and insurability if identified, are not always a go-to search. While this hazard may not be an issue everywhere in the UK today, we do believe it is an issue that should be taken seriously, particularly as we look into the future. We know that subsidence can be caused by a number of issues, including the shrinkage and swelling of soils in response to changing moisture conditions, the impact of trees, aging infrastructure or man-made disturbances. To date, subsidence searches have looked at historic data to understand if such risks pose a threat to a property address, however with the changing climate, we believe it is vital to instead look forward to model future hazards. Modelling Future Hazards for Homebuyers We have undertaken some analysis of our National Ground Risk Model (NGRM): Climate™, which models future climaterelated environmental hazards, and identified that more than 7.65 million properties in Great Britain could be exposed to medium or high risk of soil subsidence by the 2080s. This is an increase of over 1.89 million individual properties, and is as a result of climate change1. With all climate models projecting hotter, drier summers in the future, there is increasing likelihood of soil shrinkage, which can create downward movement in buildings located on vulnerable soils. This
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shrinkage is worse in clay soils, which are commonly found across the south east of England, and has the potential to move foundations, cracking walls and ceilings, resulting in expensive insurance claims and repair bills. Our data suggests that more than 5.76 million properties in Great Britain are today exposed to medium or high subsidence risk. This increases to approximately 6.64 million in the 2030s. Specifically, just over half a million more properties (547,317) could be at high exposure in the next 60 years, compared to today’s figures. Looking at Hertfordshire, our data shows that 22.5% of the county’s area will see soil subsidence hazard risk increase from moderate to high by the 2050s, with a further 9% moving to ‘very high’. In fact by the 2050s, our data shows us that over 80 counties across the UK are likely to experience an increased risk of soil subsidence hazard to some degree, moving from low to moderate, moderate to high, or high to very high, as a result of our changing climate. In particular, additional parts of Middlesex, Hampshire, Berkshire, Hertfordshire and Surrey could move to the highest subsidence hazard classes by the 2050s2. Future Insights from the Climate Report Last October, the Law Society published a Climate Change Resolution3 that outlined the role solicitors can play in addressing the climate crisis, which included a call to action to develop a climate-conscious approach to legal practice. But what does this mean for property lawyers and conveyancers? We believe there is the potential to help clients understand climate change impacts by providing data insights as part of the conveyancing due diligence process.
erosion, flood risk exposure and extreme winds, over the next 60 years. The report has been designed to cover both physical hazards and delve into how extreme climate conditions could affect properties over time. Ultimately, robust climate science indicates that we will see more hotter, drier summers and wetter winters as a result of our changing climate. These conditions are of real concern as they are likely to result in an increase in both the severity and frequency of climate-related impacts to our homes, infrastructure and, more worryingly, the health of vulnerable members of our communities. In conveyancing, there is a tendency to look backwards to determine risk levels, however it is time to start using insight and data to look forward: If we, as an industry, can increase awareness of climate change and its potential impact on our homes and communities, more people will become engaged and want understand how this may affect their property in the future and take steps to help mitigate risks posed by the changing climate. If you would like to discuss this topic with me directly, you can connect via LinkedIn: www.linkedin.com/in/timothyfarewell-26557116/ To learn more about the Climate Report or to obtain a free sample, email Insightsales@dyedurham.com or visit https:// dyedurham.com/insight-data-risks/. References: Climate change data has been calculated for Unique Property Reference Numbers (UPRNs) in Great Britain, based on a Medium Emissions Scenario (RCP:4.5 Equivalent to 2.4°C global warming by 2100s)
1.
Dye & Durham’s market leading Climate Report launched to help property lawyers and conveyancers protect homebuyers’ best interests and make informed, futurefacing decisions.
Climate change data has been calculated based on a High Emission Scenario (RCP 8.5, Equivalent to 4.3°C global warming by 2100s)
In addition to subsidence, the Climate Report models a range of hazards for individual properties, including coastal
3. https://www.lawsociety.org.uk/topics/ climate-change/creating-a-climate-consciousapproach-to-legal-practice
2.
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Rallying cry for wider adoption of UPRN process, it is possible to reduce fallthroughs and speed up conveyancing. Ellie adds that from a search point of view UPRN will also provide greater surety of location. “How many times have you had to provide more information about a parcel of land or check the plan to ensure you’ve included the full boundary of the property?” “UPRN will map out property locations, including any additional parcels, and ensure the search covers the full outline of the property.”
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omentum is steadily growing behind the wider adoption of UPRN across the property industry. Currently, the main barriers to adoption are awareness and the availability of using the UPRN through a transaction with all parties. But a Today’s Conveyancer survey of conveyancing practitioners at the end of 2021 identified that awareness across the conveyancing sector was growing with 65% of respondents suggesting they understood what UPRN are, and of those 85% suggested they would be “useful in providing a single point of focus for data on property.” However only 11% of respondents suggested they used UPRN “Every time” or “Often” in the course of a transaction. In April UPRNs were included in the Buying and Selling Property Information (BASPI) protocol, developed by trade bodies from across the home buying sector to support the digitisation of property information and enable the collation of up front information from consumers. A “single source of truth,” the BASPI has been designed to reduce the
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huge duplication of information collected in the course of a conveyance and bring it into a single space. “The idea behind UPRN is to provide greater certainty around the location of property and uniformity of addressing” Says Ellie Player, Head of Geodesys. “We have incorporated UPRN search into the Geodesys platform for a number of years, alongside postcode and address look up. The Geodesys system works by linking a UPRN to a title number so you have the benefit of either because of how we match them up.
“It’s another step in supporting the industry wide adoption of UPRN which we believe will bring huge benefit throughout the conveyancing process”. Property portal Zoopla has announced it is heavily investing in UPRN at a recent conference. It believes that by improving data quality around the home buying
There is a risk that wider adoption will become a catch-22 situation. The results of the Today’s Conveyancer survey show that wider adoption amongst property lawyers will be dependent on a demonstrable improvement in the conveyancing process, something only achievable if each side of the transaction is using UPRN. Indeed a number of comments from the survey indicate that UPRN confuses the issue, with some respondents indicating that title numbers are, in effect, unique. “Title numbers are unique to the conveyancing process. UPRN are designed to help capture data beyond the home moving process, such as emergency response, HMRC and other govt departments, and have the potential to build a “property passport” or “property logbook” as an immutable single source of truth to tie property data to” says Ellie. “We must, as an industry, embrace adoption to be an enabler in the digitisation of property data, rather than risk holding back progress and missing this critical opportunity to improve home ownership.”
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InfoTrack launches industry-first digital conveyancing Index also receive average scores across the legal organisations they’re affiliated with including the Bold Legal Group, Council for Licensed Conveyancers, the Law Society, Conveyancing Association, and LawNet. The initiative has been designed to support law firms in the adoption of digital conveyancing, highlighting key areas of progression, areas for further advancement, and where they sit compared to the rest of the industry. All reporting will remain anonymous while providing firms with a toolkit to confirm whether they are on track or need to justify the introduction of new technology into their practice.
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nfoTrack has launched the Digital Conveyancing Maturity Index. An industry-first, the index will survey the digital conveyancing capabilities of law firms to understand how digitally advanced their processes are or are not.
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Firms that complete the survey will receive a personalised report benchmarking how their business is performing with the adoption of digital conveyancing services. With information comparing how they are progressing against industry averages, including firm size variables, firms will
The Digital Conveyancing Maturity Index will be launched on the 28th September 2022 at the Digital Conveyancing Summit*. Another industry-first, the event will focus on engaging law firms with insightful sessions covering compliance and regulation, how to build a digitalfirst law firm, the impact of technology on
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people, business, and clients, and more. Sam Jordan, InfoTrack COO, comments, “We’re excited to launch this Index to highlight the progress that’s been made and the opportunities that still exist. It’s hard for firms to know whether they’re leading, keeping up, or falling behind. These personalised reports will provide invaluable insights into how successful they’ve been in modernising their practices.” Rob Hailstone of Bold Legal Group adds, “I believe in the value law firms will get by sharing their feedback about how digital their conveyancing process is. The benchmarking
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and insight into how their processes can evolve with the right digital tools is something the industry hasn’t previously had access to. I’d encourage every law firm to complete the survey for the wealth of individualised data they will receive in return.” “Gauging how far you are along on the journey with digital conveyancing can be tough for law firms. This index will be a brilliant tool to help firms recognise where they are making good progress and which areas they need to prioritise. The personalised data that they’ll get in return will be invaluable, so we recommend every firm takes advantage of
this opportunity,” says George Coombes, Member Services Manager at LawNet. Survey details: Law firms can gain valuable data and insight into the digitisation of their conveyancing process by completing the Digital Conveyancing Maturity Index survey at https://digitalconveyancingmaturityindex. co.uk/?utm_source=Press+release&utm_ medium=PR&utm_campaign=dcmilaunch The reports are free and confidential. *https://www.digitalconveyancingsummit. co.uk
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SReducing the cyber risk exposure
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market with many transactions being delayed significantly as a result, causing huge stress on impacted clients. In April of this year the Bar Council advised that it was a victim of a malicious cyber-attack.
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Bothhe professional indemnity market
continues to be challenging but there are signs that the steep increases legal practices have experienced during their professional indemnity renewal will not be felt quite so widely across the marketplace.
Whilst potentially welcoming news, it does not mean that premiums will lower. Instead there is an expectation that a much more stable rating environment is on the horizon. Unfortunately, this is not the case for the cyber insurance market, which is currently experiencing an unprecedented claims environment across all sectors. The Claims Environment A dramatic rise in both frequency and severity of loss has been experienced across the cyber market, which has curtailed the appetite of insurers significantly. Numerous insurers previously active in this space are now exiting from underwriting the class entirely, making the availability of coverage quite scarce. Those insurers that remain active are increasing premiums and policy excesses as a result, whilst sometimes also reducing limits of indemnity, and sub-limiting and/or restricting coverage. Given the vast sums of money that pass through the legal professions’ client accounts, along with the volume of data typically held, the legal profession continues to be an attractive target for criminals. The scams are becoming increasingly sophisticated and even the most diligent and careful business can find itself a victim to attack. Recent examples include Simplify Group’s cyber-attack in November of 2021 which caused significant disruption in the property
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These are just two examples affecting the legal profession that have hit the headlines recently but there are hundreds of incidents that do not make the headlines, notwithstanding the considerable cost and significant distress to impacted businesses and their clientele. Looking more broadly across all industries, our Cyber Claims Team has reviewed data from the last 5 years of claims that show: • claims frequency increasing at an average of 13% year-on-year BUT • Severity, (the total loss amount) has increased at an average of 80% over this same period. • As a proportion of all claims that our Cyber team has witnessed, those arising from external factors, such as data theft, malware, and social engineering have increased 59% between 2019 and 2020. Ransomware-specific claims were the cause of about 5% of claims notified to Lockton in 2018, accounting for 10% of the total incurred. By contrast, in 2020, ransomware claims accounted for 17% of all claims, and for more than 80% of the total incurred. Expected Standards and Underwriting Approach The barrier to obtaining cyber coverages has historically been quite low, with some insurers offering coverage without the requirement to provide any specific risk related information. These practices are now obsolete with insurers undertaking a more comprehensive risk assessment. As a result they are requesting much
more detail about the specific risks associated with businesses before they will even entertain providing any cover, however restricted this coverage may be. The appearance of zero-day vulnerabilities in the last 12 months (e.g. the log4j/log4shell zero-day vulnerability identified in November 2021) reminded the insurance market of how cyber risks do not always come in the form of targeted attack and can arise from what many would have considered to be simple, non-risk software. What would constitute a vulnerability? A vulnerability is a weakness or flaw in computer software that could allow an attacker to use the software in a way not intended by its creator. Usually, the attacker exploits the flaw to perform malicious and unauthorised actions within the computer system. When vulnerabilities are discovered, they are generally added to a public list of Common Vulnerabilities and Exposures (CVE) and given a CVE ID or number, in the format CVE-2021-12345. Regardless of the industry, sector or profession, there is an expectation from insurers that their insureds will continually improve all their risk procedures over time; the speed of evolution is expected to be much quicker for cyber-related risks, and what was acceptable in 2020 may no longer be so. It is not that these measures implemented are no longer “en vogue”, but unfortunately these alone offer little defence to the criminals of today. What Should You Do? Whilst many practices may outsource their IT function(s) and infrastructure to third parties in full or part, it is likely that the burden of responsibility remains with the law firm. The regulators, whether that be the Information Commissioners Office (ICO) or Solicitors Regulatory Authority (SRA) may well come knocking.
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Recent history has shown us that no practice is too big or too small to be a target for these criminals; it is therefore incredibly important that practices take stock and address cyber risk fully and in a timely manner, to avoid becoming an unfortunate statistic. Whilst we advocate the transfer of risk and therefore encourage firms to investigate obtaining appropriate cyber coverage if they do have this already, a cyber policy should only complement strong business resilience measures that are in place. Once implemented, it is important to evolve and upgrade these measures regularly. The disruption caused by experiencing a cyber event is one thing, but the reputational harm to your business should not be underestimated. The minimum cyber requirements of a law firm today include: • MFA (Multi Factor Authentication): Required for ALL remote access, administrator/privileged account access, Remote Desktop Protocol, third party access (e.g. vendors) and online backups. Ticket-based MFA is becoming the market minimum standard and requires a randomly generated code to be inputed into the application before access is granted. This code is either sent to a user ’s phone or generated by an application, removing the sole reliability on a username and password. • Backups: Data must be backed up at least weekly and stored offsite/ offline/in the cloud and protected via MFA, encryption and separate credentials. If backups are not adequately segmented and protected, they could potentially be encrypted during a cyber-attack making them useless for restoring encrypted/lost systems. • Training: All employees must undergo annual cyber security training including phishing. People are still considered the weakest link in cyber security and regular training helps keep this matter at the forefront of their minds and is proven to reduce the rate at which
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phishing links are clicked on. • Email filtering tools: Required to be implemented on any form of email and is used to pre-screen emails for potentially malicious attachments and links. This helps reduce the number of malicious emails that are sent to employees, further reducing the likelihood of a successful phishing attempt. • Anti-Virus / Firewalls: In place and updated on at least a quarterly basis. Anti-virus software constantly scans to detect and record any malware whilst a firewall filters incoming and outgoing information by creating ‘blocks’ which filter the data. • Patching: Critical patches must be implemented within 30 days; however, many insurers are now requiring this within 7 days. If a software provider releases a patch, which looks to remove a potentially exploitable vulnerability, then insurers require their clients to install this quickly to reduce their potential exposure to this vulnerability. This includes handheld devices too such as an iPhone it would be using the latest iOS (which is version 15.5 at the time of writing this). • End of Life: End of Life Systems, where no further software updates are being released, must be segregated to prevent full network spread of malware. • Business Continuity plans and Incident Response plans: These plans are required to be reviewed and updated regularly and reassure insurers that the insured knows how to react if they are a victim of a cyberattack. • Endpoint Protection for all servers and workstations: This software examines files, processes and system activity and provides a centralised management console for administrators to monitor and investigate potential incidents. • Removal of local administrator rights from staff and separate credentials for domain administrators: Administrator rights can allow users to change vital computer settings, therefore, if one of these accounts were compromised a threat actor would be able to change security
settings which allowing them potentially to move undetected. • Network segmentation: Segmentation implementation, with a special focus on protecting critical information and services. Segmentation helps prevent a threat actor moving laterally across a network, reducing the likelihood they can access sensitive data. Gold Standards In addition to all of the above being implemented, the following are currently recognised as the “Gold Standards”: • Privileged access management tooling: This software is the gold standard for protecting privileged accounts. Locks access to administrator accounts behind MFA,only releasing their use for a short period of time (e.g. 30 minutes). • SIEM (security information and event management) monitored 24x7 by a SOC (Security Operations Centre): The SIEM software collects and analyses aggregated log data, whilst the SOC operator looks at the aggregated data to spot any potential anomalies. • Intrusion Detection and Prevention systems (IDS/IPS): Devices which can detect and prevent intrusions into the network. • Secured PC and server builds: Computer/Server builds which only allow specific services which are required on the devices to run and do its particular job. • Security policies and procedures: Policies and procedures which explain an insured’s baseline security controls, and which must be adhered to. These can provide insurers further comfort that the insured has as strong understanding of the potential cyber risks.
If you have any questions relating to cyber or your professional insurances, please do not hesitate to contact myself or a member of the Lockton Solicitors Team.
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