Herts Law Gazette issue 54 Spring 2023

Council Members 2023

President Diana Kirsch University of Hertfordshire (Hatfield)

Vice President

Kirsty Richards of National Legal Service (Family Lawyer)

Hon Secretary and Treasurer

Judith Gower Hertfordshire County Council

Immediate Past President

Steve Hamilton Taylor Walton LLP (Harpenden) Private Client

Members

Marilyn Bell SA Law (St Albans) Family

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

Jessica Moseley

Debenhams Ottaway LLP Probate and Trusts

Tahir Nisar (Crane & Staples, Private Client)

(From January 2023 until 31 December 2024)

Dilpesh Shah Pellys Solicitors Limited Property & Commercial

Michael Scutt (Crane & Staples, Employment and Dispute Resolution)

Claire Sharp Debenhams Ottaway (St Albans) Private Client

Penny Carey (University of Hertfordshire)

Nicola Smyrl of Taylor Walton (Luton and an Employment Lawyer)

Laura Woolard of Taylor Walton (St Albans and a Family Lawyer)

Massimo Trebar of Lawtons (Criminal Lawyer)

National Council Member

Josephine Duchenne National Council Member for Hertfordshire and Bedfordshire (from 15th October 2021)

The Law Society

Relationship Manager – East Jack Dunkley

Parliamentary Liaison Officer Judith Gower

From the President...

I’ve really enjoyed my first few months as President of Hertfordshire Law Society. Since becoming President I have attended a number of local Law Society webinars organised by Nottinghamshire Law Society. These regular events are aimed at supporting local law societies to increase engagement and they have been a great way to network with other local law societies and pick up new ideas. So far I have attended sessions on organising social events, increasing engagement through the use of social media and ideas on increasing membership. I am looking forward to the next event in April which will cover communications with members. The topics are chosen in advance by the attendees and if anyone has any suggestions on future topics please let me know and I will be happy to suggest these.

I have also attended a number of events at the University of Hertfordshire in my capacity both as President of Hertfordshire Law Society and Associate Dean Enterprise of Hertfordshire Law School.

In February I attended the Hertfordshire Drug and Alcohol Symposium at the University’s Fielder Centre which was organised in collaboration with the High Sheriff of Hertfordshire Sally Burton DL. The event aimed at bringing together stakeholders from the police, probation, NHS and Public Health Hertfordshire, as well as local drugs charities, in order to improve inter-agency communication and collaboration. It was an inspiring few days and it was particularly interesting to hear the keynote speech by Dame Carol Black, the author of the government’s independent review of drugs, which has led to a shift in policy in favour of treating drug addiction as a health condition rather than simply a criminal justice issue.

In March I attended the High Sheriff’s annual awards at Hertford County Hall which recognised the fantastic contribution of many local charities in Hertfordshire including Herts CDA, The Living Room, Friends of SADA, the Recover Team and ELSA Next Generation.

I also attended the annual High Sheriff’s lecture by Marcus Taverner KC titled ‘May the Best Lawyer Win – the Adversarial versus the Inquisitorial Systems of Justice’. Marcus, who is a leading Construction KC and International Arbitrator, was a very engaging speaker and raised some interesting issues about the merits of our adversarial system.

Unfortunately the lecture clashed with the ICAEW Beds, Bucks & Herts President's Dinner and I am grateful to Treasurer Judith Gower for attending the dinner at Sopwell House in my place.

I was delighted to attend the Derby and District Annual Dinner at the end of March. The event was held at the home of Derby County Football Club Pride Park and I was thrilled to attend the President’s reception in the Director’s Box (pictured below).

It was a lovely evening and I had the opportunity to chat to a number of fellow local Law Society colleagues including the current President of Derbyshire Law Society Manesha Ruparel, Northamptonshire Law Society president Jabeer Miah, Birmingham Law Society Vice President Alice Kinder, Nottinghamshire Law Society President Janine McKinney and former president of Leicestershire Law Society Mathew Olner. Manesha made an inspiring speech about her experience as the first person in her family to attend university and to qualify as a solicitor, and the first person of colour to become President of Derbyshire Law Society.

The evening was topped off by a wonderful show by magician Alan Hudson who managed to magic away a diamond engagement ring belonging to Janine McKinney, who also happens to be the Chief Crown Prosecutor for the East Midlands! Luckily it was returned safely before any charges could be brought.

As part of International Women’s Day I was honoured to be invited to talk about my career journey as part of the Curwens IWD event together with Modupe Smith (Hertfordshire Law School), Sona Mehta (City Law School) and business consultants Jayne Bratton and Charlotte Dennis (pictured overleaf). This year’s theme was Embracing Equity and the speakers spoke passionately about what this meant to them.

I would like to thank the members of the Annual Dinner subgroup (Kirsty, Tahir, Steven and Judith) for all their help with organising the annual dinner which is due to take place at Hatfield House on 6 July. Grace Ononiwu, the Director of Legal Services for the CPS, has confirmed that she can attend as our keynote speaker and this promises to be a really wonderful evening. The ‘Save the Date’ emails went out just before Easter and we are planning to send out formal invitations in the next week or two. We will be contacting members shortly to invite nominations for the award categories:

• Junior Lawyer of the Year

• Excellence in Client Services

• Lifetime Achievement Award

• Community Engagement Award

• Professional Colleague Award

The Professional Colleague Award is new for this year and we look forward to celebrating the achievements of the many hard working administrators, executive assistants and office managers across Hertfordshire.

March also saw the 10 year anniversary for the Legal Aid, Sentencing and Punishment of Offenders Act which decimated civil legal aid. The Law Society published new heat maps showing expanding legal advice deserts in areas including housing, welfare, education, community care and immigration since the 2012 act took numerous areas out of scope. The number of legal aid cases to help people get early advice dropped from almost a million in 2009/10 to just 130,000 in 2021/22. The number of advice agencies and law centres doing this work has fallen by 59%. The President of the Law Society Lubna Shuja

gave a number of interviews highlighting the anniversary and said, ‘Legal aid can be the difference between a family staying in a safe home or being made homeless, protection from domestic abuse or trapped in an abusive relationship. It can be what ensures that a child with disabilities gets the education and support they need.’

Over the next few weeks I am looking forward to attending the Hertfordshire Family Justice Board lecture on 27 April 2023 with Charles Hale KC and Dr Hessel Willemsen and the Nottinghamshire Annual Dinner at the end of April.

We are planning a number of family law training sessions and will be in touch soon with more information and dates.

We have also booked in a Stress Reduction Workshop with David Jockelson, a family solicitor and therapist. The sessions, which are free of charge, are open to all HLS members and are taking place on Zoom on Thursday 11 May between 1 and 2pm, and again between 5.30 and 6.30pm, for those who cannot make the lunchtime session. To find out more and sign up please visit the HLS website.

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.

Diana Kirsch President Hertfordshire Law Society

Jayne Bratton, Modupe Smith, Diana Kirsch, Sona Mehta and Charlotte Dennis at the Curwens IWD event

Another year and yet another change

Well there is big news in the Gower household. My hooman mother has finally retired. In some ways it’s good because she is around to pamper me and perform all my wishes. In other ways it’s not good as they keep going away for a few days at a time or out for the day. The good thing is that when they do go away the lovely Tara and her granddaughter look after me. I love them both.

Other news is that the golden one is going to be a big brother later in the year. He says he wants a baby sister. Time will tell! I haven’t spoken to their cat Oliver to find out what he thinks.

The weather is so horrible I have hardly been doing any hunting or gardening. I hate the rain but do enjoy putting my muddy pawprints on their bed. I did catch a couple of mice but didn’t manage to get them inside before I was spotted. I was only bringing them presents. I haven’t been anywhere near the birds as that drives my hooman father mad. The bird feeder in the garden has lots of different types of birds on it, some large and some small.

The picture is not a new one but it shows me in my favourite position. On their bed curled up and happy.

I think that’s all for now. Until next time.

You can follow me on Instagram and I might even follow you! @ princessgig2019 #catsofinstagramt

RHertfordshire. It could have I doubt t

The University of Hertfordshire Responds to Growth of Mediation

Mediation is taking a higher profile at the University of Hertfordshire.

With the Ministry of Justice soon to announce the outcome of its consultation on making mediation mandatory for small claims in the civil justice system, senior lecturer and solicitor Victoria Harris comments that it is vital that lawyers of the future are aware of the benefits of mediation and how it works.

The University of Hertfordshire has had a long standing co-curricular module in mediation and plans to pilot a mediation centre alongside its Law Clinic to support students to gain practical experience of mediation both as an observer and practitioner.

The Law Clinic currently provides pro bono legal support to members of the public and the mediation pilot will look to help to resolve workplace disputes and intra student disputes within the University itself, supporting staff and student wellbeing.

Experience of working in the mediation centre will add employability skills to a student's CV as well as provide a taste of this growing area of work for both aspiring solicitors and barristers.

In addition to the new mediation centre, the University is investing in research to support the role of mediation outside of the legal system. In partnership with local Community Mediation provider, Mediation Hertfordshire, and co-funded by The Tudor Trust, this new research project will look at the cost of community conflict in the areas of health, housing and community safety.

Victoria Harris comments that with a few notable exceptions, the interdisciplinary nature of mediation has arguably seen it suffer from a lack of research and it is great that the University is playing its part to address that deficit'.

The University are also members of the Civil Mediation Council's new Academic Forum which provides a platform for Higher Education Institutions to share their work around mediation. The most recent event gave focus to mediation clinics and the next event in June will concentrate upon research. The Forum in September will look at how Higher Education institutions can assist with public engagement for mediation, so critical to the success of the expansion of mediation within the civil justice system.

Whilst mediation clinics are opening within Law Schools across the UK, the next opportunity will be to identify how mediation is best introduced into the core curriculum of a law degree and the University of Hertfordshire will be at the forefront of that work to ensure that its students are well equipped for the future.

For more information about the University of Hertfordshire's new mediation research project please contact v.harris2@herts.ac.uk

To learn more about the Civil Mediation Council Academic Forum please contact projects@ civilmediation.org

Victoria Harris, Mediator

Victoria Harris

Meet our New Council Member, Michael Scutt

helping out with family cases, but seeing clients to give advice under the Green Form Scheme (remember that?), drafting and preparing Wills, residential conveyancing, personal injury, miscellaneous disputes and, usually on the basis that because I had most recently attended Law School, I was the expert on anything unusual which all the other solicitors and partners had since forgotten, or could not be bothered with. Domestic violence applications were seen as a good way of cutting one’s advocacy teeth, although it perhaps suggested that solicitors of the time took domestic violence as seriously as the Police, who would routinely dismiss such situations as “just a domestic”.

Client care was a very different matter in those days! However, I did have my own office and I decided to buy myself a pinstripe suit and thus was clearly a fullyfledged lawyer. I even grew a beard to give myself more gravitas at a time when beards, on men, weren’t as popular as nowadays.

30 Years and counting...

I’m delighted to join the Council and perhaps you may allow me to introduce myself to you? This year also coincides with the 30th anniversary of my qualification and I thought it might be interesting to take a look back at both my journey and how the profession has changed over that time from my perspective.

From university I joined a now defunct firm called Woolley & Weston in Welwyn Garden City, based on Fretherne Road. They practiced from shabby first floor offices and if they looked uninviting to visitors at least clients could not have complained about where their fees were being spent! I joined as an “outdoor clerk” as I had a year to fill before starting my Common Professional Entrance course (now of course the GDL) and thereafter the Law Society Finals. An outdoor clerk is really an archaic name for a paralegal, although in those days I did do

a lot more going out of the office, including to Court and doing things such as serving documents. On one occasion I was asked to serve papers in a domestic violence application upon the violent husband of our client. I was told to serve them early in the morning before he had had time to get drunk, in order to avoid any possible trouble. I survived. On another occasion I was asked to serve some papers on a person on the other side of town, get a taxi there and then to walk back afterwards, funds being scarce. Even in those days complaints were made about legal aid rates.

After Law School I re-joined the firm as an “articled clerk” and then remained with them after qualifying in 1993. The training can really be described as of the “sink or swim” variety in that I was given a desk, a telephone and half a secretary and told to get on with it. Guidance was forthcoming only afterwards. There was a huge variety of work to do as well, including not only

Upon qualification I drifted more into contentious work making regular appearances at the local Magistrates courts, lots of personal injury but I was still doing family cases, which I loathed then and still do. One of the particular incidents I remember is, at an approximate age of 24, I found myself advising a man, probably 20 years older than me, whose wife had just walked out on him and the kids. His life was in tatters. He wanted advice on where he stood and what he could do. I sat there and parroted all the usual stuff about the Children Act and various bits of Family Law legislation, but I very much doubt that I gave him any advice, legal or otherwise, worth speaking. How it was that someone of my age and limited life experience could provide any meaningful advice to a married man whose life had just collapsed is beyond me. It wasn’t until a good while later, after I had been a client rather than the advisor, that I realised that empathy is one of the most important skills a solicitor should have.

Gradually, and to my relief, I escaped family

work and got sucked into claimant personal injury work. At the time the firm was on the panel of a well-known Legal Expense Insurer. We received large numbers of RTAs each month and we were good at dealing with them, advising the clients and getting good outcomes. I dealt with bent metal cases as well as lots of personal injuries, some of them quite serious. The small claim limit had been £500.00 and then was increased to £1,000.00. Third party insurers would usually pay our costs even if the claim fell below the small claims limit. They quickly wised up to that and that then stopped. Also, every month someone from one of the big third-party insurers would come to the office and negotiate settlement on the cases with us face to face.

Then, overnight, the insurer axed 98% of its panel and centralised all its work amongst three or four much larger law firms. Overnight a huge amount of our work disappeared, and it was probably the death knell for the firm.

I also used to do a lot of criminal work and was a frequent attender at all the local magistrates courts, most of which have been rationalised. I also used to visit clients in police stations and found it a very exciting type of work to do and enjoyed it. However, as we all know crime doesn’t pay and getting called out at odd hours of the day and night soon lost its glamour for me.

Then, in 1998 Woolley & Weston was swallowed up by Taylor Walton and I found myself in their flashy glass and steel office in Luton, next to the Old County Court building running off my personal injury files. It was clear there was never going to be enough work to go around in the department and also with personal matters in mind, including moving with my wife down to the South Coast, I left Taylor Walton and got a job with a well-known national personal injury factory farm.

That was a very interesting experience, having gone from a small high street practise with about eight partners in Welwyn Garden City, then to a significant

larger firm with Taylor Walton but this latest firm was of a completely different size altogether. This was also around the time that computers were making in-roads into the way work was processed. At Woolley & Weston we had not had word processors or email (it was just about available in those days) and now I had my first experience of case management systems. By modern standards the system was fairly clunky but it seemed the height of sophistication in those days. It was still one fee earner to one secretary though. The work came in in a steady torrent and in their technical claims department my job was to process either more complex cases or, more likely, those cases where the clients were not prepared or not able to cope with being the raw ingredients in a sausage machine processing their whiplash claims. The only way to get difficult claims or difficult clients moving was, and is, to sit down in front of them. Although Teams and Zoom can provide an alternative, it is not ideal in complex situations, let alone court hearings.

It was not for long term and I was lucky enough to find a job with a niche employee law firm in the City doing claimant employment law with a sole practitioner. This was a complete change of scenery and was about as far removed from the factory firm as it is possible to imagine. It was also much more to my liking.

We were based in Lombard Street, and the work was highly specialised – as 85% of our clients were in the financial services sector and our clients were usually not only very well-heeled but highly intelligent and assertive. There was never any shortage of clients with deep pockets prepared to litigate and I spent a fulfilling and challenging 11 years there.

I decided to move on after that time as I became jaded with the commute and fancied a change of scene and joined Crane & Staples as their Head of Litigation in 2013 where I have remained since becoming a Partner in 2016 running a team practising mainly landlord and tenant, contentious probate and employment

At my London firm although we had PCs and email, the systems were basic. At Woolley & Weston non-existent. At Crane & Staples things are completely different. We have modern all singing all dancing case management systems and the firm is at the cutting edge of modern legal practise. In addition, there is a very supportive atmosphere for all staff and it is a pleasure to work with the other partners and colleagues. By a quirk of fate the office is only about 100 metres up the road from the old Woolley & Weston premises, which have now been turned into flats.

Over the course of 30 years my career geographically has moved 100m down the road. What has moved on far further is how law is practised, how it is funded and what clients expect from us. As we all know, the court system has continued to deteriorate: at least in the 90s it was possible to telephone your local county court and speak to someone who sounded like they knew what was going on Nowadays, phoning Salford in the hope that the “system” will actually reveal what happened to the application submitted or whether the hearing listed for months is actually going to take place seems a very retrograde step.

What has also moved on enormously is the training we provide to our trainees: the days of sink or swim are long-gone and we pride ourselves upon giving all our trainees a very thorough grounding and education in all the areas in which we practise. A focus on specialisation and getting a thorough grounding in a small number of areas of law is so much better.

I do not suppose I will be writing another article to mark the 60th anniversary of me qualifying and I very much hope I will not. However, I should say that the last 30 years have given me a solid and rewarding career in all respects. I do not regret the career choices I made back in 1989. Long live the high street law practice!

Michael Scutt Council Member 2023

Quirks of the Residence Nil-Rate Band

as much as the available RNRB all complicate this area of law and in some cases the timing of the various life events can affect the availability of the first spouse’s RNRB on the second death.

Death only : The RNRB can only be claimed on death, so it would not affect the tax payable on a lifetime gift into a trust, or an outright gift that you failed to survive by seven years.

of B two RNRBs will be available, and HMRC confirm that whilst the “lineal descendants” must be lineal descendants of B, step-children (ie A’s children) are included. These trusts can therefore enable both RNRBs to be claimed on the second death provided the other requirements are met. Assets left on discretionary trusts do not automatically meet the requirement for lineal descendants inheriting. Extra steps may therefore be needed in order to get the benefit of the RNRBs.

Many clients wish to ensure they are able to take full advantage of the inheritance tax nil-rate band and the residence nil-rate band, so that maximum inheritance tax savings can be made on death.

The nil-rate band, available to all, is currently £325,000 and will remain at that level until at least 5 April 2028.

For homeowners with families there is an additional IHT allowance – the “residence nil-rate band” (RNRB) of £175,000 which may be claimed on death provided the value of their home passes to lineal descendants and provided the estate is valued at under £2,000,000. Estates over £2,000,000 will see the RNRB tapered by £1 for every £2 over £2m so for an estate valued at £2,350,000 (or £2,700,000 for the second spouse to die) no RNRB will be available.

In the case of both allowances, if a married (or civil partnership) couple leaves all of their assets to their spouse on the first death, the unused allowances can generally be claimed on the second death, resulting in no tax on the first death and a total tax free amount of as much as £1m on the second death.

However, the interaction of the RNRBs of a married couple can be complex. Second marriages, estates where the first spouse wishes to leave assets on trust, and situations where a person dies without owning a home worth

Homeowners with children only : The RNRB can only be claimed in respect of the value of property passing to lineal descendants. The definition of lineal descendants is relatively broad, incorporating step children and foster children, but it does not include, for example, nieces and nephews. Neither can it be claimed in estates where the deceased did not own their own home. The fairness of this may be regarded by many as questionable.

Sufficient equity required : The RNRB can only apply to an estate where there is sufficient equity in the deceased’s residence to utilise it. An estate where the deceased’s property is subject to a charge (as may be the case if there was a discretionary trust created on the prior death of a spouse, constituted with an indexed charge over the property), may see some of the RNRB wasted, if the equity in the property is less than £350,000.

Trusts and lineal descendants : A married couple who have children from previous relationships will often wish to leave their assets to one another on the first death and then to their respective children on the second death. This is commonly achieved by creating a life interest trust under the Will of the first to die (A), so that the surviving spouse (B) may continue to live in the home and receive income from investments until their death. On B’s subsequent death, A’s share of the capital will pass to the children of A. No inheritance tax is payable on the death of A due to the spouse exemption. On the death

Downsizing relief : Many clients downsize their home in the later years of their life, for convenience or to fund the costs of care. It is possible in many cases to offset the available RNRB against the value of the former home, if that value is still in the estate, with a downsizing relief claim. However, the possibility of also using the RNRB of a pre-deceased spouse is only available if the downsizing took place after 6 April 2017, due to the way the legislation works.

This area of law is complex, and we may be forgiven for thinking it would have been simpler to increase the nil-rate band for everyone to £500,000. However, RNRB is here to stay, at least for the moment, and clients should take advice on the applicability of the threshold to their particular circumstances.

Rachel Giles Taylor Walton LLP

Rachel.Giles@taylorwalton.co.uk

NEPlan-demic: Brits more likely to plan their legacy

As we move into the mainstream digital age, the role of the expert

• More than a quarter of people in the UK (27%) say they are now more likely to open up and discuss final wishes and funeral plans than they were before the pandemic

writing discussions.”

The

And, it mean

• Remember A Charity’s poll reveals that one in five (21%) now see death as less of a taboo topic

First

• One in eight (12%) say writing a Will is higher on their agenda post-pandemic and that they are more likely to leave a gift to charity in their Will

People in the UK are now more open to talking about their own death and are more likely to make plans for their final wishes and funeral, compared with before the pandemic, according to a new poll.

The survey of 2,000 UK adults from Remember A Charity, explores changing attitudes to life and death since the start of Covid, finding that over a quarter (27%) of the population say they are now more likely to discuss their final wishes and funeral plans with family – climbing to almost a third (32%) amongst over 55s. This shift is even more prevalent for women (29%) than men (24%).

Death may traditionally be considered a taboo topic, but one in five (21%) UK residents no longer see it as such and there’s growing recognition and acceptance of the need to plan for what happens. One in eight people (12%) say that writing or updating a Will is higher on their agenda than it was pre-pandemic. However, a small proportion (8%) confess they are still too uncomfortable thinking about their own mortality that they can’t face writing a Will.

In good news for the charity sector, one in five people (19%) want to try harder to leave the world a better place and one in eight (12%) say they are now more likely to include a charitable gift in their Will.

While only 25% of all those surveyed (aged 18+) and 53% of the over 55s say they had a Will prior to the pandemic, 6% have written their Will since then. The main reason people give for not writing their will is that they just haven’t got round to it (18%). One in 10 respondents said that they feel that they don’t have enough assets to warrant writing one and a further 10% that they don’t know how to do it.

Lucinda Frostick, Director at Remember A Charity - the national campaign working to normalise giving to charity from your Will, said: “People’s attitudes have changed with Covid and this survey underlines a shift towards greater openness when it comes to mortality and recognising the need to plan for what comes next.

“There is a real sense that people want not only to take care of their family and friends, but to leave the world a better place. Despite the challenges of the current economic environment, it’s hugely encouraging that appetite continues to grow for including a gift to charity in people’s Wills. The solicitors and Will-writers we work with often report back that this can be such a positive and empowering part of clients’ Will-

Importance of legacy giving Charitable gifts in Wills raise £3.5 billion for good causes in the UK annually, with charities becoming increasingly reliant on that income. Of the many charities benefiting from charitable donations across the country, gifts in Wills now fund six in 10 lifeboat rescues, over a third of Marie Curie’s vital work, and more than half of the work of Brooke, an international animal welfare charity that supports working horses, donkeys and mules.

Remember A Charity works with legal partners and over 800 Campaign Supporters (solicitor firms and Will-writers) to ensure that all those who write their Wills understand they have the option to include a charitable donation alongside gifts for their family and friends.

To find out more about Remember A Charity’s Campaign Supporter Scheme and access free resources at https://www. rememberacharity.org.uk/about-us/for-solicitors-will-writers/

Inspiration from the Legacy Showcase

This free resource has been curated to promote and encourage great legacy campaigns. We’re delighted to partner with Legacy Futures and SOFII on this initiative, aiming to grow this collection of inspirational legacy campaigns from charities around the world.

So far, The Legacy Showcase comprises 18 short videos, each just a few minutes long, presented by champions from the field of legacy fundraising. Talking us through their favourite legacy campaigns from the UK, Ireland, Australia, Belgium and the Netherlands, they explain why they find their chosen campaign so powerful, innovative and inspirational, sharing their tips and lessons to pass forward. And if you would like to add a campaign to the showcase – you can nominate one of your own.

Campaigns already covered are diverse in their content, from funny to emotional and breath-taking. They demonstrate the breadth of ingenuity and originality, creativity and the range of media used in legacy fundraising to date. Champions and their chosen charities appearing in the first batch of videos include:

Craig Fordham, Director of Legacies, Macmillan Cancer Support, talking about a ‘beautifully simple’ campaign from Dogs Trust as a lesson in authenticity and real stories.

Emma Hazlewood, Head of Legacy

Development, National Trust, praises Centrepoint for including beneficiaries in the building of their campaign, resulting in powerful messaging that challenges perceptions and builds strong empathy from the outset.

Dr Lucy Lowthian, Gifts in Wills Consultant, Legacy Voice, shares her thoughts about using positivity and upbeat energy, citing a Battersea Dogs & Cats Home TV ad as a great example with its ‘life rather than end of life’ messaging.

many legacy fundraisers will turn to for ideas and lessons to inform their own work.”

Meredith Niles, Chair of SOFII says:

“SOFII is thrilled to be working with Legacy Futures on this project, it aligns perfectly with our mission of providing free inspiration for fundraisers, and we know that SOFII readers are always looking for ideas when it comes to developing or improving their legacy programmes. We hope that this evolving collection will spark joy, interest and innovation for legacy fundraisers the world over.”

The Legacy Showcase collection of videos is created and hosted by Legacy Futures, shared by SOFII and Remember A Charity in our members’ area, which features a bank of resources and tools for legacy fundraisers.

Our Director, Lucinda Frostick, adds:

Ashley Rowthorn, CEO of the Legacy Futures group, explains:

“The legacy market is growing fast with more charities than ever recognising the value of this form of income for a sustainable future. So too, the market is becoming increasingly competitive and legacy campaigns will need to work harder and harder to gain cut through. With this Legacy Showcase we want to champion great campaigns created by legacy fundraisers all over the world to in turn inspire more creativity and innovation in the future. I hope this collaborative effort will provide an invaluable resource that

“One of the things that’s so inspiring about the legacy fundraising community is the willingness to collaborate and share learnings, and that’s surely the best ways we can accelerate growth and innovation in the field. The Legacy Showcase is a hugely positive resource and we’re delighted to support another key project that champions the wonderful world of gifts in Wills.”

If you’re after some legacy inspiration, take a look at The Legacy Showcase – Campaigns We Love!

Ashley Rowthorn

Book Reviews

DIGITAL ASSETS AND PROBATE A Practitioner’s Guide

By James Normington

ISBN 978 0 85490 295 8

Wildy, Simmonds, and Hill Publishing

www.wildy.com

A DEAD PERSON’S DIGITAL ASSETSWHAT HAPPENS NEXT

What a book! “Digital Assets and Probate” is an ideal companion for the busy probate practitioner who needs a better understanding of digital assets when advising clients, drafting wills, or administering estates. It is aptly described as a “practitioner’s guide” for that is exactly what you get with this small paperback.

As with all Wildy, Simmonds, and Hill practitioner titles, this book is written in an accessible and easily understandable style which will appeal to all levels of readership. It is a useful reference for both new and experienced probate practitioners, and general readers, dealing with issues which will most probably include the following regular questions posed by clients.

What is a digital asset? Who deals with digital assets in probate situations? How does inheritance tax apply to digital assets? What happens if you ignore the digital aspects of a client’s estate? What steps should be taken to secure digital assets postdeath? And what should clients be asked about their digital assets and behaviours, and what should not be asked? These are some of the basic questions which arise, and the answers given by the author are quite illuminating for those new to social media and the digital revolution which can be confusing for many people.

The author is James Normington, who is a barrister from New Court Chambers. James reviews a wide range of subjects in the context of probate, covering social media issues and the taxation of crypto-currencies, to digital executorship and securing digital devices. We believe that skillful use can be made of the mitigation of risks faced by solicitors and legal representatives in this area of probate which James considers in his book. It seems almost certain that this area

By Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

of law will become much more common in the years to come, with the inevitable second (expanded) edition appearing in the next few years.

This book also gives us as practitioners specimen draft clauses, precedents and a sample digital assets questionnaire for clients which is a most useful resource. The guide sets out a useful glossary of relevant terms which are commonly encountered in practice and will be useful to both the experienced and the IT beginner. We hope that the glossary may well be expanded in future editions to cater for many unfamiliar terms which are associated with social media today.

This brand-new paperback edition was published by Wildy, Simmonds, and Hill Publishing on 20th December 2022.

HOUSING LAW HANDBOOK

Fifth Edition

By Diane Astin

LEGAL ACTION GROUP

The Access to Justice Charity

ISBN: 978 1 91364 851 0

www.lag.org.uk

AS THE COST-OF-LIVING CRISIS LOOMS LARGER – THE NEW ‘HOUSING LAW HANDBOOK’ BECOMES AN IMPERATIVE FOR HOUSING LAWYERS

There can scarcely be a housing lawyer in England who does not have a copy of ‘Housing Law Handbook’. First published in 2008, this now well-known and highly regarded work of reference by dedicated author Diane Astin, has rapidly acquired a reputation for its authority, reliability, and practicality. Certainly, it has become a necessity for those grappling with the complexities of this often bewildering and essentially sensitive area of law.

And now -- the Handbook has emerged in a new and updated fifth edition which references the almost seismic events that have impacted on housing issues, within which, as the author reminds us, recent events have wrought certain profound changes: first Brexit and the impact of

global warming, then the COVID-19 pandemic and most recently, the tragedies and economic uncertainties caused by the war in Europe.

Such has been the impact of these events that fundamentally, incomes have fallen, while prices and the costs of housing have relentlessly increased. The author points out that ‘although the levels of poverty in the UK have worsened in recent years, the main provisions of housing law have not changed significantly in thirty years.’ For lawyers and advisers then, this Handbook provides a reassuring source of information and authority within an undeniably complicated legal landscape.

The Handbook’s twenty-one informationrich chapters include such areas as occupiers’ rights: basic principles... unlawful eviction and harassment by landlords... disrepair and housing conditions -- action by occupiers and local authorities... and much more, including at least seven chapters which cover homelessness, social housing, and community care. The final chapter on civil proceedings -- which includes two appendices -- deals with such areas as the Civil Procedure Rules and costs, as well as ‘the usual steps in a civil claim’.

Case law abounds, with all cases boxed and highlighted to aid accessibility. And in this updated edition, recent judgments and key legislation are discussed, including the Domestic Abuse Act 2021, Tenant Fees Act 2019 and Homes (Fitness for Human Habitation) Act 2018.

As a formidable reference resource, the Handbook is reassuringly written in a user-friendly way in keeping with the publishing traditions of the LAG. Very easy to navigate it is too, with a detailed table of contents, extensive footnoting, numbered paragraphs throughout and a twenty-fivepage index. Also note the forty-eight pages of tables: of cases, statutes, and statutory instruments, plus an alphabetical -- and very handy -- list of abbreviations.

For all busy lawyers or advisers dealing with the often-daunting complexities of housing law, this book is an essential purchase. Note also, that it is applicable to English law only.

The date of publication of the fifth edition of this LAG paperback is cited as 21st December 2022

Did You Know?

(Able Community Care is a national Live- In, Care Provider and frequently we are asked questions about the care sector by clients, carers and members of the public, some examples below).

Question – I have read that most hospitals have a PALS office, but what exactly do they do?

Answer – PALS, stands for Patient Advice and Liaison Service. It is an English NHS Service which provides and offers confidential advice, support and information on health-related matters. It is a point of contact for patients, their relatives and carers. (There are similar organisations in Scotland and Wales).

PALS are there if a person has any concerns about the service being received in hospital, have a complaint, or would like to give a compliment about service received. Usually, the PALS team have an appointment system which can be booked by ringing your local hospital.

Question –My parents are thinking of moving into a retirement home and we are looking to find out as much as we can about them, costs to buy or to rent, maintenance charges and what else is available on site for social activity etc. Where should we begin to look for information?

Answer – A good place to begin is to visit Lottie.org. This organisation offers a free service that helps families and retirees find the UK's best elderly care homes and retirement living communities. Another organisation which can help is the Elderly Accommodation Council, a national charity with a mission to help older people make informed choices about meeting their housing and care www.eac.org.

Question – I have two elderly relatives and I am their only ‘younger’ generation relative. When sadly they pass away, I will have to make the arrangements that are needed. Where can I find some information that will tell me what I must do?

Answer – In November 2022 Age UK produced a comprehensive

guidebook titled ‘When someone dies’.

This guide gives practical information about where to start and what to get done first, how to register the death and how to arrange a funeral. It also covers who to tell about the death and offers advice about financial and emotional support that might be available. The guide is forty-four pages long and can be downloaded from the Age UK website or you can call your local Age UK office and request one to be sent to you.

Question - I am disabled but would like to see if it is possible for me to ride a motorbike? Where can I go for advice?

Answer – NABD is the association for disabled riders. It was set up in 1991 and now has over nine thousand members.

Visit their website at www.nabd.org.uk or give them a call on 0844 415 4848 for further information.

Angela Gifford CEO www.ablecommunitycare.com

T: 01603 764567

E: info@ablecommunitycare.com

The Cost of Living crisis: What Does It Mean For the Region’s Property Lawyers?

• 68% are worried their offspring will be unable to get into the housing market

• 25% in South East are worried they will fail to make mortgage repayments within the next year (30% nationally)

• More than a third (37%) expect it will take significantly longer to pay off their mortgage than originally anticipated

• 53% expect to have less money to put into savings, pensions or investments (compared with 46% nationally) if interest rates continue to rise

face considerable challenges due to consumers’ reservations, but there are steps that can be taken now to help weather the storm.

Firms that take action now, while transaction volumes are lower, to examine their resources and adopt tools designed to digitise and modernise workflows — and increase productivity and profitability — will have a significant head start on their competitors once the market returns to normal.

In March, Dye & Durham commissioned an independent survey of 2,000 UK mortgage holders to understand the extent of the costof-living crisis and, specifically, how it is impacting short-term spending, long-term financial planning and day-to-day budgeting.

The survey revealed a general feeling of unease and uncertainty. Nearly a third of respondents (30%) say they are worried they’ll fail to make mortgage payments within the next year.

With recession worries and rising interest rates weighing heavily on the nation’s mortgage holders, our research showed the impact not only on decisions about buying or selling homes but also on their financial wellbeing and mental health.

For conveyancing and property solicitors who rely on transaction volumes, it’s critical to identify ways to shield against volatile property market conditions and to help ease the overall anxieties of homeowners. We believe the answer may lie with digitisation and unlocking technology.

First, let’s take a closer look at what mortgage holders in the South East of England told us:

• Almost half of UK mortgage holders (47%) say the cost-of-living crisis is affecting their mental health (56% nationally)

• To help manage monthly expenses, three in five (60%) homeowners have cut-back on takeaways or meals out –65% in the South East.

It’s clear that economic uncertainty, including the effects of high interest rates, energy bills and increased costs overall, is weighing on the minds of the nation’s property owners — and the fallout cannot be underestimated.

Our survey data shows us that people across the UK are concerned about both their short- and long-term financial futures and, as such, have reduced spending, raided savings and are delaying major purchases.

What does this mean for the industry?

Many UK law firms continue to manage much of their operations via manual or resource-intensive processes, which lack the necessary ease of access, seamless case management abilities or increased security measures to be truly productive and profitable.

Strategic plans to digitise processes were put on hold by many firms amid the peak in property transactions following the COVID-19 pandemic as they concentrated on taking cases from the offer phase through to completion.

The survey findings point to the fact that the UK property market may

By adopting digital practice management tools, legal professionals can spend more time on revenue-driving tasks and less on non-billable administration like case management, client intake and invoicing.

At the same time, increasing the security of your information, reducing overall risk and providing a more modernised customer experience for clients can only benefit all – both now and in the future, when the market bounces back to previous levels.

If you’re interested in finding out ways you can protect your bottom line against market volatility, contact the Dye & Durham team today: http://bit.ly/3FotstY

www.dyedurham.co.uk

About the survey: Using an online methodology, Danebury Research conducted a nationally representative survey of 2,000 UK based homeowners with a mortgage aged between 18 and 65. Fieldwork was conducted from 12th February to 16th February, 2023.

Paul Clarke, UK Product Lead, Dye & Durham

Illegal Migration Bill passes Commons despite united opposition

While the Illegal Migration Bill secured sufficient votes to pass its remaining stage in the House of Commons on Wednesday (26 April), the vote count was tighter than might have been expected, at 289 to 230. This owed to all opposition parties unanimously voting ‘no’, and an absence of 67 Conservative MPs

The report stage saw the government table an amendment which will allow it to ignore an interim measure from the European Court of Human Rights – a key demand from MPs on the right of the Conservative party, who have been campaigning for the UK to adhere less strictly to Strasbourg’s jurisprudence.

MPs on both sides of the House were concerned about the amendment, with Joanna Cherry, chair of the Joint Committee on Human Rights, stating that it “effectively introduces a presumption that the UK government will breach international law when interim measures are handed down by the court in Strasbourg”.

Conservative MP Sir Geoffrey Cox said that the amendment was “in effect asking the House to give legislative sanction to at least the possibility that a minister of the Crown will deliberately disobey this country’s international law obligations”. He was joined by fellow Conservative MP David Simmonds, who said “it does seem

to me concerning that the bill envisages that the only circumstances in which such an interim measure would be relevant is where the home secretary considers it to be so. The default position is that we will always ignore our international law commitments unless we choose to follow them”.

Members on both sides of the House were also disappointed by the government’s lack of serious consideration on how the bill might affect victims of modern slavery or people trafficking. Former prime minister Theresa May stated that the government’s provisions do not go nearly far enough in their support for victims.

The importance of independence: preserving the integrity of the Expert Witness discussion

We take a look at how the distinction between being an independent Expert Witness is crucial in a court case.

As an Expert Witness, your remit is clear: although you’re instructed by either the defendant or claimant, your obligation is to the court. You should be independent, not partisan. But ensuring you maintain that independence isn’t always straightforward.

As we reported back in March, a litigation case where an expert seeking input from solicitor led to a conclusion that the expert was not independent – resulting in £225,000 of evidence being revoked.

The ruling was deemed a “shockwave” by Recorder Simon Jackson KC during the Lessons from the Courts panel session at our June 2022 conference. “It’s a stark reminder [to Expert Witnesses] of what their duties are in terms on compliance with the rules and honouring the declarations which they make”, Jackson remarked.

So, what went so wrong in this case? And how can the Expert Witness community ensure they learn from the ruling to preserve their integrity and avoid something similar happening again?

Independent vs partisan

The case in question, Patricia Andrews & Ors v Kronospan Limited [2022] EWHC 479 (QB), was a group litigation claiming nuisance. It involved a group of residents complaining that the owners of a nearby timber plant were contaminating their homes with dust.

With dust a central part of the case, it comes as no surprise that the claimant’s solicitors instructed several experts in various areas of it, including Dust Analysis and Monitoring specialists.

After these Experts had been engaged for some time, the defendant’s solicitors

became aware there had been contact between one of the claimant’s Dust Analysis and Monitoring experts and his instructing solicitors during the joint statement discussion period.

The expert in question had sent several drafts of the joint statement to the solicitors, seeking their views and input and received it from them, all without informing his Expert Witness counterpart.

Presiding over the case was Senior Master Barbara Fontaine, who stated in her judgment: “the primary concern, having seen the communications between the Claimants’ solicitors and [the expert], is that [the expert’s] approach strongly suggest that he regards himself as an advocate for the Claimants, rather than as an independent expert whose primary obligation is to the court.”

Not a clear-cut decision

To help reach her conclusion, Senior Master Fontaine examined two other cases involving misconduct by Expert

In the first case, BDW Trading Ltd v Integral [2018] EWHC 1915 (TCC), a defendant’s expert revealed during cross-examination that he had sent a first draft of his joint statement to his instructing solicitors and had received feedback, making some changes to his draft as a result.

The judge in that case acknowledged that while the expert’s behaviour was a serious transgression, he genuinely wasn’t aware his behaviour was inappropriate and his communication with solicitors didn’t affect his opinion in any way.

At the opposite end of the spectrum, in Dana UK Axle Limited [2021] EWHC 1413 (TCC) experts receiving technical input from the instructing party at every stage in the process without revealing that to the other party. The indiscretion, meanwhile, only came to light halfway through the trial. Such a flagrant disregard for the impartiality rule meant

Witnesses – both with very different outcomes.

that the judge had no real option but to disallow the evidence.

Reflecting on her resulting judgement in the Andrews vs Kronospan case, Fontaine explained she concluded that, “the expert’s evidence should be excluded because the court could have no confidence in his ability to act in accordance with his obligation as an expert authority.”

Is it ever OK to be in communication with solicitors?

Discussion between experts and solicitors during the draft report stage is allowed. In fact, solicitors are usually involved to make sure they understand what’s being said and what each side’s case is. “That’s quite different from the joint statement process, which is an inviolable process where just the two experts discuss their views without outside interference”, explained Fontaine.

Referring to the Technology and Construction Court (TCC) guide and its relevance to other cases, Fontaine noted:

“It says while the party’s legal advisors may assist in identifying issues which the statement should address, they should not be involved in negotiating or drafting the experts’ joint statement […] unless there are serious concerns where the court may misunderstand or be misled by the terms of the joint statement.”

In such circumstances, solicitors from both sides must be involved.

Lessons from the courts

Be open – and get any communication with other parties in writing. Transparency and accountability are key: whatever is done needs to be done overtly.

Remember that the onus should be on solicitors to behave appropriately and uphold their duty to the court too. So, if they try to get involved in drafting the joint statement, remind them they are not allowed to be involved.

Make sure your declarations at the end of your report are up to date, or it could

undermine you in court during cross examination.

Focus on the issues at hand. You should encourage solicitors to provide you with a list of the key areas of contention which should be discussed but should not be inviting comment on what is said.

Senior Master Fontaine and other senior legal professionals discussed the topic of Expert Witness integrity and more at our June 2022 conference, Lessons from the Courts, which is available to purchase now at:

https://www.ewi.org.uk/WebShop#!prod/894f610a-56db-ec11-bb3c000d3a0ccc1c/curr/GBP

Simon Berney-Edwards EWI

Parentage via sperm donation and the matter of “consent”

relief will deter him from making further donations.3 These mothers are now faced with an extraordinary extended network of half-siblings.

The donation of sperm or eggs is a very laudable social service and demand in the UK is increasing1, albeit, sperm is in short supply for artificial insemination (AI). The service can be carried out by one of the many reputable licenced clinics recommended by the HFEA which regulates their activities and gives a great deal of clarity about consent and responsibilities towards children created from the donor sperm 2

There are, however, shocking and indeed harrowing stories about sperm donors who have fathered multiple children and we would like to explore some of the issues. The cause of disquiet is the very real possibility of inbreeding (a genetic abnormality arising from inadvertent half sibling reproduction as the result of a common father – the genetic term is consanguinity), incest and psycho-social/ emotional issues in donor children. Consent, if it has been given, is often far from informed.

A recent case involves a musician in the Netherlands who has been accused of fathering more than 550 children from his “donations” which were offered via social media and to a significant number of clinics, of which 11 were in the Netherlands. The court in The Hague has recently found against him in a case brought by one of the mothers and the charity DonorKind.eu, on the basis that he lied to the clinic/mothers about his history and activities; had they known, they would not have chosen him as a donor. This judgement of preliminary

There have been many other circumstances of sperm donors fathering multiple offspring, both consensual4 and adversarial.5 In the latter instance there have been multiple cases of doctordonor conceived children in the US, with fertility fraud being documented on websites such as donordeceived.org and even Netflix.6

Many people feel it is important to know their origins, as it gives them both identity and helps them make sense of their being. The UK took a giant step in this direction on 1st April 2005 when individuals became able to identify their sperm donor, upon reaching the age of 18 (from this year, 2023). This was a result of studies which acknowledged the need for individuals to know the identity of their biological parents and which followed up the International Convention on the Rights of the Child, adopted by the UN General assembly in 1990. This shift from anonymous to open identity sperm donors has been replicated in other countries, nearly always with limits placed on the number of times a particular donor sperm can be used. In the UK, this is 10. In the Netherlands, this is 25.7 For the genuine sperm donor and child relationship open identity is seen as a very positive circumstance. Donors are on a registry that can be accessed by the child via the HFEA, if wanted, and many people find surety in knowing their biological as well as their social father. More difficulty arises in cases of fertility fraud, where a quest to find the biological parent has often resulted in the discovery of many half siblings. The psychological and social effects on the individual are rarely taken into proper consideration and indeed, as these situations evolve, are probably not yet fully understood. There is in fact no evidence for the choice of this number relating to how

many times a donor can be used and the number chosen by each country is arbitrary.8 The primary concern seems to be the possibility of genetic disorder, which though significant is in fact less than that of a first cousin mating (taboo in many countries but not the UK or indeed to Charles Darwin himself) but in our view, more concerning is the psychosocial impact of such a large number of siblings on the individual, which after all, is unprecedented in any human society.

DNA testing technology using broad brush ancestry services (Direct to Consumer) has enabled half siblings to discover not only anonymous biological fathers, but possible other half-siblings – the use of a precision DNA test to determine the true family relationship (always recommended) enables this to be confirmed with a reliable statistical probability.9 Data indicates that from use of these tests, the discovery of nonparent expected (NPE) events (that one or more parent is not biological) ranges from 4-12 %. Whilst there are of course other explanations, one of these is that social parents have not discussed with the child the circumstances of their conception. The evidence suggests10 that donor conceived children often have difficulty (often seeking help) coming to terms with; a) the nature of their conception, b) the efforts to find a biological parent and c) their reaction upon hearing about it. This is particularly acute if they discover that the father has sired many children.

Regarding consent, then the DNA testing technology that is now available for tracing biological relatives was not available when many of the donor conceived children were actually conceived. As we know it now, informed consent would have been impossible at that time and many of the issues since raised are very new to science, society and law. Genetic technology is changing fast and information is coming to light so quickly, that it is impossible

Dr Neil Sullivan

to give informed consent in the present (informed consent has only even been relevant in the precise time window it is given, and can only be based on the state of knowledge at that precise time). By sequencing individual human genomes, we can reveal information relating to genetic disease that was unknown; sometimes these are late onset disorders and/or could not be known or predicted at the time of conception. Other times, we (or more specifically the direct to consumer client) will have the genetic information and either not know or be in a position to know how it relates to disease or the prediction of characteristics. The fact is of course, that we are all genetically pre-disposed to something, as much as we can be genetically protected from the very same things.

Donor conception is a delight to many – but the emergence of fertility fraud has raised several important questions, for which there are simply not enough informed counsellors. Maybe, given the

vast data sources, artificial intelligence (AI), has a role to play in AI after all.

ABOUT THE AUTHOR:

Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).

Complement Genomics Ltd (trading as Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.

Please see: https://dadcheckgold.com

Tel: 0191 543 6334

e-mail: sales@dadcheckgold.com

Notes

1 https://www.hfea.gov.uk/about-us/ publications/research-and-data/trends-inegg-sperm-and-embryo-donation-2020/

2 https://www.hfea.gov.uk/choose-a-clinic/ consent-to-treatment-and-storage/

3https://nltimes.nl/2023/04/28/court-orderssperm-donor-550-kids-stop

4https://www.theguardian.com/science/2018/ nov/24/sperm-donor-man-who-fathered-200children

5 https://www.nbcbayarea.com/ investigations/doctor-sperm-donor-casesfertility/3148093/

6https://www.netflix.com/gb/title/81227735; https://donordeceived.org/

7 https://doi.org/10.1016/j. fertnstert.2007.06.020

8doi:10.1093/humrep/deq038

9https://dadchecksilver.com/sibling-tests/

10https://bioethics.hms.harvard.edu/journal/ donor-technology

The old cliché that variety is the spice of life applies in our work as an expert….

Following the preparation and disclosure of our report and correspondence between the parties, the matter settled in favour of our client and therefore on this occasion avoided protracted and costly litigation.

A key challenge on this case was to determine an approach that enabled us to focus our review on the key contracts ensuring that our work was cost proportionate.

Instruction as an expert witness in a professional negligence claim against a firm of solicitors

that would have been available at that time and so avoiding tainting my view with the benefit of hindsight.

Engagement to undertake a financial investigation following a whistleblower report

The last few months have been particularly varied and interesting in terms of the matters on which I have been instructed as expert witness. I am fortunate to be assisted by an experienced team of forensic accountants which enables us to accept a number of instructions from large fraud investigations and professional negligence cases through to smaller matrimonial matters. Here are just a few of our recent cases highlighting what we found particularly interesting or challenging.

Instruction as party expert to assess a warranty claim and to determine the value of any loss arising

I was instructed as party expert by a transport technology company to review and give an opinion on a warranty claim arising in respect of buying a business in which the sale completed in 2021. I was instructed to review the completion accounts and to give a view on the warranty claim and the potential loss arising.

We reviewed the completion accounts and management accounting with particular reference to the recognition of income on the customer contracts. In our opinion the completion accounts materially overstated the income and there was a claim under the warranties.

The client, a business providing services in the construction sector, was involved in a professional negligence claim against a firm of solicitors, arising from the advice given in relation to the corporate finance transaction regarding the disposal of the business. The company was claiming for a resulting loss, as the sale consideration was substantially less than was anticipated. I was engaged as party expert witness to give a valuation of the company at the time of the sale, which had taken place around 10 years earlier.

We prepared financial and market analysis looking at the information available at the time of the sale. My valuation considered the relevance of alternative methodologies and explored the value that an alternative purchaser might have placed on the company. Following the valuation, a joint report was prepared, combining our team’s findings with the findings from the other party’s expert who provided an alternative view.

The matter was settled just prior to the court hearing, in favour of our client. The lawyers said the work undertaken by us had placed the client in a good position to negotiate the deal achieved.

A key issue on this case was to assess the market value of the company at a point 10 years earlier and based on the information

Following a report by a whistleblower, I was engaged to undertake a financial investigation into the financial reporting, corporate governance and internal controls of a fast growing entrepreneurial business in the technology sector. The engagement required a rapid deployment of our Forensic Services team to complete the investigation, as the matter had a potentially significant impact on business operations.

We were appointed as forensic accountants to undertake the in-depth investigation, including a review of financial records, interviews of company staff, and the investigation of electronic records. Our Forensic Services staff were deployed from our Cambridge, Norwich and Birmingham offices alongside our forensic technology team, and worked on the investigation with the instructed lawyers. Our review initially identified over 240,000 documents; the team was able to refine these to a subset of 15,000 potentially relevant items that were included in our investigation.

FRP’s engagement was concluded – and a full report including recommendations issued – within 10 weeks. The client and instructing lawyers were pleased with the efficiency and thoroughness of our team’s investigation. Following the issue of our report the investigation was concluded and the company was able to share the executive summary with relevant parties.

The key challenge in this case was to sift through 240,000 documents and using search methodology to reduce the documents to a manageable number that could be reviewed by the team.

Finders International: Leading the world of Probate Genealogy

Q1. What does Finders International do and what services does it offer?

International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), an international organization representing elite firms across the world. Additionally, we have been honoured to be featured on BBC 1's Heir Hunters for five series and over 70 cases, as well as winning multiple awards, including Best Probate Research Firm of the Year at the Probate Research Awards for the past four years.

Q3. How has Finders International's appearance on BBC 1's Heir Hunters impacted business, and have you seen an increase in inquiries?

At Finders International, we are a probate genealogy company that specialises in tracing heirs to estates, properties, and assets worldwide. We offer a range of global research and support services, including locating missing legatees and beneficiaries all over the world, obtaining family documents, carrying out overseas bankruptcy searches, missing will searches and handling the difficult aspects of overseas assets such as multi-jurisdictional share portfolios, as well as carrying out all important family tree verification work for Statutory Will Applications. Our clients include solicitors, estate administration professionals, and financial institutions in the private sector, as well as local authorities, coroners, and hospitals in the public sector.

Q2. What are the biggest highlights of Finders International's 26 years of existence?

Finders International was founded in 1997 by our MD, Danny Curran, in a small office in Southwest London. Since then, we have experienced tremendous growth, expanding to over 150 personnel across four offices in North London, Yorkshire, Edinburgh, Dublin, and Sydney. As an unregulated industry, we have always focused on raising the standards of our industry and have looked to selfregulate as much as possible. We are proud to be a founding member of the

Our appearance on BBC 1's Heir Hunters has raised the profile of probate genealogy among the public and helped them understand a previously unknown niche area of work. We receive numerous inquiries from people interested in delving into their family history, and some of the stories they share are of real historical interest. Additionally, we have had stories relating to beneficiaries in the press, demonstrating the continued interest that the public has in their family history and how it ties into the world of probate genealogy.

Q4. What sets Finders International apart from other probate genealogy companies?

At Finders International, we believe that our commitment to excellence and our dedication to our clients sets us apart from other probate genealogy companies. We understand that dealing with estate and asset matters can be a difficult and emotional process, which is why we approach every case with empathy, professionalism, and attention to detail. Our team of highly skilled researchers

and support staff work tirelessly to locate missing beneficiaries, assets, and wills, ensuring that our clients receive the best possible service. We are also proud to offer a range of pro-bono services, helping people reunite with lost family members or reclaim family heirlooms. Additionally, as a founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), we are dedicated to raising the standards of our industry and promoting best practices. Overall, our commitment to excellence, professionalism, and client satisfaction is what sets us apart from other probate genealogy companies.

Q5. What are your plans for the future of Finders International?

At Finders International, we are always looking for ways to improve our processes and better serve our clients and beneficiaries. Our plan for the future is to concentrate on improving our services by investing in new technologies and training for our staff.

We also recognise the vital role we play in helping legal professionals through the difficulties that can occur during the administration of an estate. We want to continue building strong relationships with our clients and help align the two industries of probate genealogy and legal practice by working together to promote best practices, ethical standards, and transparency.

Overall, we are committed to remaining at the forefront of the probate genealogy industry, providing exceptional service to our clients and helping families around the world discover their past and secure their future.

If you would like further information on Finders International and the services they provide, visit their website www. findersinternational.co.uk, call 0800 085 8796 or email quotes@findersinternational. co.uk.

Danny Curran