Northamptonshire Law Society Bulletin www.northamptonshirelawsociety.co.uk Spring 2018
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Northamptonshire Law Society Bulletin
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Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk Managing Editor Phil Smith
Contents
Spring 2018
3 The President Writes 6 Constituency Council Member’s report 8 GDPR, photographs and subject access requests
Advertising Simon Castell
10 Wheelchair Basketball – Why Not Join In?
Key Account Manager Denise Castell
12 Planning Risks in Residential Transactions
Design East Park Studio
14 The Year To Come 16 Northamptonshire Law Society members put themselves through their paces for the Legal Walk
Accounts Michaela Hogan
18 Northamptonshire Law Society Calling All Community Heroes
Media No. 1111 Published June 2018 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.
26 A brief overview of the Government proposal for a register of beneficial owners of overseas companies and legal entities in relation to UK property 28 Goodbye Park, Hello Waterside 32 ...And Finally
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Northamptonshire Law Society Officers & Council Members 2018 Mrs Ika Castka
Vice President Oliver Spicer
Immediate-Past President Caroline McGann
Honorary Secretary Ruth Taylor
Honorary Treasurer Lisa Garley Evans
Constituency Member & Past President Linda Lee
Chair of Education and Training & Past President Rhona Rowland
Council Members:David Browne Laura Carter Ahsan Khan Michael Orton Jones Karen Shakespeare Edward St John Smyth – Past President Euan Temple – Past President
Co-opted Members: Sharine Burgess David Farmer Jabeer Miah
Society Manager Phil Smith
Northamptonshire Law Society Ashtrees Cottage Saxon Rise Duston
Northampton NN5 6HP Tel. 01604 585653
Northamptonshire Law Society
President
The President writes... So this is probably my last President’s article for the Bulletin, as I shall be ending my tenure as President at the upcoming AGM and handing over the baton to my Vice President, Oliver Spicer. I have had an interesting time as President – always good to meet colleagues not only from Northamptonshire but also surrounding counties (and being in Northamptonshire there are many!). Good to know that our concerns are not really any different from those in other counties. I regularly hear concerns about access to justice, Court closures, Legal Aid, litigation funding, as well as recruitment and retention etc. Sadly no one has the answers!
My focus has very much been on the future of the profession, not only in Northamptonshire but generally. The SRA seem to constantly make our position more difficult and make it easier for our potential competitors in the legal marketplace to muscle in to what has always been our territory. We should not be afraid of competition and view it rather as a challenge, but that is easier said than done when it isn’t a level playing field. At the risk of upsetting some members, I would say that in my opinion the national Law Society could do much more to fight our corner. We have all trained hard to get to where we are and the public have always historically appreciated that ours is a profession, not just a service industry. However I fear that that view is changing and we need to do all we can to ensure that the public do appreciate the difference.
I have also talked about those solicitors just coming in to the profession and what it may look like for them. Undoubtedly technology will change the face of how we practice law, but I do believe that our opportunities are around the giving of sound advice rather than simply processing information. In other words, we should embrace technology which deals with the straightforward processes often involved in what we do, but concentrate on what we can add for the client. There is also a question mark around how people will enter the profession – the SQE is already on the cards. (You can read more on this topic in the Council members report in the following pages). Also, will partnerships remain the most common model for law firms, or will we more move towards ABS’s? Will the newly qualifieds of today want to invest large amounts of capital into a firm and so tie themselves to that organisation or is it true that the millennials are more likely to want to keep their independence and ability to move on as and when the mood takes them? Watch this space… As to the NLS Council, thank you to all my fellow Council members for their support and of course to our Society Manager, Phil, without whom nothing would ever get done! I’m pleased to see that during the year we’ve brought some fresh faces to the table. It is important that we keep in touch with what our members want and what concerns them, but we can only do that if our members talk to us. Please take time to communicate with the Council, whether directly to individual members or via Phil. Of course I won’t be walking away completely as I will remain on Council, and you never know I may write the occasional article for the Bulletin!
Email: philsmithdw@aol.com All Council members should in the first instance be contacted through the Society Manager.
Mrs Ika Castka
President Northamptonshire Law Society
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Northamptonshire Law Society
Constituency Council Member’s Report June 2018 SRA research on the impact of removal of the minimum salary, planned changes to the route to qualification. This month concentrates on impacts on the profession of the future. For many years, the Law Society set a minimum salary for trainees, it was a regulatory requirement that firms paid this. This was abolished by the Solicitors Regulation Authority(SRA) on 1 August 2014. With the removal of a regulatory minimum salary, firms are now required to pay no more than the national hourly minimum wage, although of course many do pay higher salaries. It has now published its Impact assessment of the deregulation of the prescribed SRA minimum salary for trainees At the time the minimum salary was abolished, concerns were expressed that this could impact adversely on those seeking to enter the profession particularly on those from disadvantaged backgrounds wishing to enter the profession. The Law Society was asked to publish a guideline salary which it does so each year based on the last figures published by the SRA and applying the inflation rate. The current recommendation is that providers of training contracts should pay their trainees £21,561 in London and £19,122 outside London. The new rate came into effect on 1 May 2018. Now some 4 years after the minimums alary was abolished, the SRA has published its research on the impact of its removal. The SRA analysed its data on 33,000 trainee solicitors, who started their training between January 2011 and December 2016. It also analysed the data of firms employing these trainees. It assessed the relationship between trainees’ salary with the policy change, their diversity characteristics and firms who offer the training contracts. It also carried out online surveys aimed at employers, trainee solicitors and students, paralegals and others working in the legal sector, to seek their views on the impact, if any, of the removal of a prescribed minimum trainee salary The research highlights the changing shape of the profession and the significant inequalities that exist for those entering the profession. The SRA comment is limited to its decision to keep the status quo but nothing is revealed of any discussions the SRA Board may have had or its reaction to the data produced. The data shows that in mid-November 2016 there were 10,604 trainee solicitors registered of which 62.3% were female and only 37.7% were male. The trainees making up 88.2% of the total were aged under 30 whilst just 3 were aged over 61. The majority of trainees, almost 93%, were based in private practice firms with only 3.7% of training contracts provided by commerce and industry. Almost 40% of trainees were based in firms with more than 81 partners, 17% of trainees in firms with between 2 and 4 partners and 7% of training contracts were provided by sole practices -almost double the number provided by commercial entities.
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Over half, 57% of all trainees were based in London, whilst there were just 2% in Wales, lower than the figure for the East Midlands where there were 309 trainees or 3.1% of the total trainees in 2016. Since 2012 the number of training contracts in private practice has increased by 9% whilst the number of firms has increased by 2% in the same period which could indicate an overall increase in the number of training contracts offered. It is impossible to say whether this is due to the reduction in minimum salary. In the East Midlands 163 firms are authorised to offer training contracts and 108 firms did in 2016 only 55 firms did not. When looking at the level of salary paid to trainees, half of the trainees received a starting salary up to £25,677, and the remaining half received more than £25,677. Female trainees received a lower salary compared to male trainees. Overall trainees receive about £560 per annum less since the removal of the salary. The average pay gap between different ethnic groups has reduced since the removal of the minimum salary which it is explained is driven by reductions in the salaries of white trainees. Black and Asian trainees earn less than white trainees. The explanation provided is that, ‘the main reason for the gap appears to be differences in the type of firm where different ethnic groups work. Black and Asian trainees are more likely to work in firms that pay less, such as sole practices and firms specialising in criminal, litigation or real estate work. Firms who specialise in areas such as intellectual property or corporate law pay more.’. Interestingly, there has been a decrease in the number of trainees saying they think their salary is too low, from 55% in 2012 compared to 46% in 2016. The majority of trainees (75%) and firms (82%) felt that the change had not had an impact (either positive or negative). The SRA has concluded that there is no need to revisit its decision to abolish the minimum salary based on this research. The research also showed that trainees in City firms have increasingly high levels of salary which have increased the average salary to mask the real hardship that is undoubtedly faced by those trainees on the minimum wage who have significant debts to repay following their studies. The research is limited in the conclusions it can draw on the impact of the reduction of the minimum salary, stating: ‘We concluded that a prescribed minimum salary may have artificially impacted on salaries for some groups of trainees. The picture is complex with many factors at play such as the characteristics and practices of firms, social factors and economic factors.’ The conclusions it draws for the reduction in average salary do not address what steps it will take to address the inequalities it revealed. It goes on to conclude, ‘We do not plan to make changes to our approach in this area. It is still our view that salary levels should be set by market forces and the profession itself in the context of the law around the minimum wage and the living wage option.’
The Legal Services Board received a number of letters including from the parliamentary Justice committee asking for a delay in permitting the SRA to continue its road to reform of the solicitors qualifying examination for introduction in 2020. The LSB have given approval and under the new arrangements it is proposed that the four criteria for admission as a solicitor will be– •
passing a centralised assessment conducted by an assessment organisation appointed by the SRA
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holding a degree or qualification or experience that SRA is satisfied is equivalent to a degree
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completing work experience of two years duration with confirmation of that work experience from the compliance officer for the legal practice or other solicitor who has experience of work done; and
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satisfying the SRA of character and suitability
Northamptonshire Law Society
The profound concern relating to plans to change the way in which solicitors qualify has been noted but at this stage ignored by the SRA and the Legal Services Board (LSB)
i www.sra.org.uk/sra/how-we-work/reports/minimum-salary-trainees.page
Linda Lee February 2018. Linda Lee is a regulatory lawyer with Radcliffes LeBrasseur and the Law Society Council Member for Leicestershire, Northamptonshire and Rutland. As a Council Member she is also the Chair of the Regulatory Processes Committee and a member of the Audit Committee, Regulatory Affairs Board and the Access to Justice Committee. Her pro bono work also extends to the Solicitors Assistance Scheme as Chair.
At this stage the SRA has not finalised its plans for structure content and assessment methodology for the SQE and so they will need to make another application for approval at some stage in 2019. The LSB concluded that there is no evidence to suggest that there will be a negative impact on the international competitiveness of the legal profession from the removal of the requirement for prescribed academic study of law. They noted but did not consider the residual risk sufficient to be a ground for refusing application when balanced against the positive aspects that the SRA was seeking to achieve through the changes Whilst there is little opposition to the introduction of a requirement for central assessment many doubts will remain until the SRA are able to detail the content and format of the qualifying exams examinations which must test the competencies that they have established for qualification. In the absence of any prescribed law degree or Legal Practice Course (LPC) or Graduate Diploma in Law (GDL) it seems doubtful that the SQE will prove accessible without some expense on the part of students in training courses. These will doubtless spring up and be unstructured in delivery. The quality of ‘work experience’ compared to the Training Contract also gives rise to doubts whether current standards will in reality be maintained. The profession has changed over the last thirty years. In 1988 there were 66,380 solicitors compared to 187,961 in April of this year. It is impossible to guess how the profession will look in 30 years’ time or even in ten years’ time. No matter what stage of our career, we should all be concerned that the profession we worked so hard to join, should maintain the high standards we all aspire to and be fair and just for all members entering and remaining in the profession. If we do not, it is doubtful that solicitors will survive as a profession.
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GDPR, photographs and subject access requests Northamptonshire Law Society
Personal Data” is information about an individual which can be used alone, or combined with other information, to identify him or her personally. Where a law firm refers to the fact that Personal Data Processing is necessary for the purposes of its Legitimate Interests, it must have assessed and checked before processing that its Interests are not overridden by the individual’s interests or by his or her fundamental rights and freedoms and the individual may object at any time. GDPR Interpretation problems may arise in photographs, taken, used and/or stored by a law firm.
Possible suggested clauses for consideration. These are not templates but “thinking-aloud time”. The ICO advises that obtaining consent from staff for personal data is inappropriate. It is considered that use of Legitimate Interests may be much better.
Staff photos
It is policy not to ask for consent from staff to be the subject of photographs, but state that no photograph will be taken other than for the law firm’s Legitimate Interests insofar as these are not overridden by fundamental rights and freedoms of staff. Staff may object at any time. Informal Photographs (“snaps”) of an office summer outing event ( or an interoffice sports match) put on by the law firm, showing staff enjoying themselves are part of our Legitimate Interests, as are photos of a member of staff for putting on the law firm website under ‘About the Team’.
Clients and professional/business contacts (“contacts”).
The key point is that all consent must be opt-in consent – there is no such thing as ‘opt-out consent’. Clear affirmative action of consent means the contacts must take deliberate action to opt in. There will be separate tick boxes (not pre-ticked). It is law firm policy to give separate “granular” options to consent separately to separate purposes, unless this would be unduly disruptive or confusing. It must be the law firm’s policy to keep consents under review and refresh them if its purposes or activities evolve beyond what was originally specified. People may wish to consent to their information being used for one purpose but not another. Posed photographs with contacts eg in front of their office after a great success, for a press release. The parties in the photo must have provided clearly implied consent to the processing for this stated purpose only. Not for the law firm’s ongoing PR unless that purpose is stated. Posed photographs with contacts eg. in 8
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front of their office after a great success, for the website. The parties in the photo must have provided clearly implied consent to the processing for this stated purpose only. Not for the law firm’s ongoing PR unless that purpose is stated.
Photographs (“snaps”) of a hospitality event put on by the firm or a Law Society Awards Dinner , showing contacts and staff enjoying themselves. a) “Taking” the photos, “Using” the photos for press releases and /or the website and /or storing them… the stated purpose(s).
On arrival at the event, guests will be asked to call at the reception desk for a name badge and should be asked to sign a sheet containing their consents for the stated purpose(s).
Under 16’s and Sports
The GDPR can become a nightmare when applied to sports clubs and when under 16’s are playing capably and well with over 16’s in eg a hockey match. Express consent of the parent or guardian is needed and the photo ID of the parent must be deleted after the ID check on the parent.
A difficulty arises when an under 16 is being video’d during a game by a parent for a school or uniformed organisation badge / Duke of Edinburgh’s Award. The video of the under-16 by his or her parent is of course acceptable, but what if there are other under 16’s on the pitch at the same time? Every reasonable effort must be made to obtain consent from the relevant parent or guardian of the other under 16’s if present and if not present, then the next best thing must be obtaining consent from the relevant team captain, indeed both team captains, on the basis that the video or photograph is to be used only for the stated purpose. Serious ‘Safeguarding’ issues rear their head. But there are doubts about whether consent by captains can be valid. But what could be in these cicumstances? An enquiry has been made of the ICO.
Subject Access Requests
SAR’s should be provided free of charge, however, a law firm can charge a ‘reasonable fee’ when a request is
Euan Temple Council Member & Past President
manifestly unfounded or excessive, particularly if it is repetitive. It should be stated law firm policy that the steps below should be followed to action the request before the reply to the SAR is sent out. Is it a valid subject access request? Verify the identity of the requestor. Determine where the personal information will be found. Screen the information. Is the law firm able to disclose all the information? Prepare the SAR response (using precedent letters) and make sure to include as a minimum the following information: The purposes of the processing; The categories of personal data concerned; The recipients or categories of recipients to whom Personal Data has been or will be disclosed, in particular in third countries or international organisations, including any appropriate safeguards for transfer of Data; Where possible, the envisaged period for which Personal Data will be stored, or, if not possible, the criteria used to determine that period; The existence of the right to request rectification or erasure of Personal Data or restriction of processing of Personal Data concerning the Data subject or to object to such processing; The right to lodge a complaint with the Information Commissioner’s Office (“ICO”); If the Data has not been collected from the data subject: the source of such Data; The existence of any automated decisionmaking, including profiling and any meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. All SAR’s should be logged to include the date of receipt, identity of the data subject, summary of the request, indication of whether the law firm can comply, and the date information is sent to the data subject.
Precedent letters should be prepared so that staff “do the right thing”: 1. Replying to a Subject Access Request providing the requested Personal Data. 2. Release of part only of the Personal Data, when the remainder is covered by an exemption. 3. Replying to a SAR explaining why the law firm cannot provide any of the requested Personal Data. 4. Replying to a SAR explaining the law firm cannot process the SAR until ID has been
Brokers urge law firms to prepare for proposed SRA changes to PII provision Specialist professional indemnity insurance broker to the legal profession, QPI is calling for law firms to prepare for proposed SRA changes to PII provision, urging solicitors to seek specialist advice in advance.
Business leaders at QPI have highlighted the potential repercussions that the Solicitors Regulation Authority (SRA) proposed changes to PII could have on the profession if adopted. They have warned that purchasing protection will no longer be a straightforward process.
“We’re urging law firms to act now in preparation. Purchasing PII has become easier recently however it’s going to get harder because of the need to build cover more specifically designed for each individual firm. Solicitors should seek the right level of advice to help them navigate these proposed changes before they are introduced. Here at QPI we can offer extensive expertise, knowledge and guidance to help firms manage and minimise the impact of the proposed changes.”
Key proposals outlined in the consultation, which lasts until 15th June, include:
The call for firms to act comes as the SRA revives proposals to introduce changes to the minimum terms and conditions via their consultation process, including cutting the minimum levels of insurance cover by significant amounts both in indemnity limit and scope of cover.
•
With over 20 years experience within the sector, Phil Edwards, Managing Director of QPI, is one of a select group of brokers invited by the Law Society to comment on the consultation.
• Flexibility around who pays defence costs.
He, said: “Solicitors should take steps now to seek out expert advice ahead of the potential introduction of far-reaching changes outlined in the consultation, ‘Protecting the users of legal services: balancing cost and access to legal services’. “The proposals are more likely to get the go-ahead this time given the time and input that’s gone into this consultation. Firms need to work on the assumption these changes will happen. They need to be ready for it and fully prepared as these changes could most likely first impact those who have PII renewals in spring 2019 or thereafter.
Revival of a proposal, previously rejected by the Legal Services Board, to reduce the minimum professional indemnity insurance cover from £2 million/£3 million to £500,000. Firms conducting conveyancing work would need £1 million cover for each claim.
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Doing away with the requirement for compulsory insurance to include cover for large commercial clients such as lenders in a conveyancing transaction.
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Maintaining the need for a six year runoff period of insurance cover but with a £3 million cap for those needing conveyancing services cover and £1.5 million for other firms.
The SRA says changes could have a positive impact on premiums, encouraging a more competitive marketplace. It states over half of firms take out more than the minimum cover currently required and 98% of PII claims against law firms are valued at under £500,000. The SRA estimate premium savings between 9-17% if the proposals are implemented.
Edwards added: “The market’s already competitive, a view highlighted by myself and fellow brokers who held talks with the Law Society about the consultation. What drives the market is claims and claims costs; it’s what drives every insurance market. Reduce the claims costs and premiums will reflect this, risk management is the key in this market - not just tinkering with the policy wording.” While the SRA has indicated the call for change is to improve access to legal services and cutting PII cover will potentially reduce insurance overheads, Richard Grayson, Head of QPI, doesn’t think that will automatically be the case. Grayson, a former practising solicitor said: “While we agree with some of what the SRA is proposing it’s not as straightforward as it appears. While you cannot argue with the time, effort and input that’s gone into the latest consultation document, what you can argue with, is the likely outcomes given our anecdotal evidence from insurers. “Some have indicated it’s unlikely their premiums will change if the limit goes down and most likely not at the lower end of the scale. Some insurers have said if there’s a minimum of £500,000 they may not offer that minimum, instead keeping the cover at the current levels, because reducing the cover creates a risk for them of the business going bust with the insurer becoming exposed to even greater risk. Overall, the view in the insurance market is these proposals will have little or no effect on costs. “Our advice is all firms need to be prepared and seek the right advice on the effects of the proposals. Ultimately we’re all about ensuring lawyers understand risk and can manage it better than they’re doing because actually that’s the main thing that does drive price down.”
Northamptonshire Law Society
Wheelchair Basketball – Why Not Join In? By Sharine Burgess
Wheelchair basketball is enjoyed by people with a wide range of disabilities including those with paraplegia, spina bifida, amputated limbs, brittle bones, epilepsy, cerebral palsy and multiple sclerosis. The idea of the sport is fully inclusive, so able bodied players of all abilities can play alongside a disabled friend or relative. A points system allows people with a range of disabilities to play and the lower the individual’s point score the greater their disability. Each 5 player team is allowed a total of fifteen points on the court at any one time and an able bodied person counts as five points. It is a great leveller and means that anyone can take part as long as they can catch a ball and use a wheelchair. (You can find out more at http://www.gbwba.org.uk/gbwba/ index.cfm/get-involved/inclusive-zone-basketball/rules/) Until last year I knew nothing of wheelchair basketball. Then a colleague told me about Northants Phoenix Wheelchair Basketball Club (WBC).
The seeds for Northants Phoenix WBC were sown in 1991 when Steve Bigg, Martin Mansell, who was Sports Development Officer for Northants Disability Sport, and Jenny Collins from Northampton Basketball Club got together.
Brian Henderson, a qualified National League running game referee, had started refereeing wheelchair basketball matches, so Jenny Collins suggested he teach the new club members the rules. He then became the coach for 10 years! Since those early days the Club has had a mix of social and competition players, with two of the female players, going on to represent Great Britain at the Sydney games in 2000 and Athens in 2004.
My work as a serious injury solicitor brings me into contact with clients who have suffered life-changing injuries or who have developed serious illnesses. My job is to support these individuals and their families through the legal process and help them come to terms with what has happened in order to move forward in a positive way. The focus is on rehabilitation and improving the quality of life. Wheelchair basketball is a fantastic way to do this as it is totally inclusive and played by all ages and abilities. It is competitive, team-focussed and keeps you fit. But most of all it is thoroughly good fun! Northants Phoenix WBC is based at The Elizabeth Woodville School, Stratford Road, Roade, Northampton NN7 2LP. Training takes place every Saturday from 12:00 – 2:00. Everyone is welcome to go along and to have a go but please contact the club first. All equipment including wheelchairs will be provided. To find out more email Bob Allen at bob@ theallensathome.co.uk or call him on 07515014308. You tube link to video
https://www.youtube.com/watch?v=M4kUZDeUbx8 10
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Planning Risks in Residential Transactions At the start of the year, we began hosting a series of webinars which are designed to provide property solicitors and conveyancers with helpful guidance and training related to identifying and managing a host of risks in residential and commercial property transactions. The most recent webinar on ‘Planning Risks in Residential Conveyancing’ was particularly well received. For anyone looking to purchase a property, it’s important to know whether there are any nearby planning applications or land use designations, which have the potential to impact the enjoyment, value or future saleability of the property. From the solicitors’ perspective, how can such information be identified and what’s the best way of advising clients on the matter?
Planning Risks: what does it mean to you and your clients? As we see it, there are three key areas that need to be researched to fully understand if there are any areas of concern that need to be raised for the client. 1. The property itself
2. The local area; and
3. Local energy and infrastructure projects.
The Property in Question The first port of call is to ensure that the property that is being transacted has all the necessary consents. There two key rules to consider are:
1. Has the property been physically changed, especially in the last 4 years? 2. Has there been a change of use of the property, within the last 10 years (or four years for dwelling house)?
If, however the owner has not had permission for either physical changes or change of use, there may have been a breach of planning law and the local planning authority may take enforcement action. Under the provisions of the 2011 Localism Act, it enables Local Planning Authorities to take action against landowners or developers who attempt to avail themselves of immunity from planning enforcement by deliberately concealing the breach of planning law.
The Local Area When it comes to the immediate area, buyers will be interested to know whether changes are taking place to neighbouring properties or green spaces that may impact them in any way. Also, if any new developments are in the pipeline, which may affect their outlook, or create additional burden on the local infrastructure.
In addition, understanding whether neighbouring properties are changing from a single dwelling to that of multiple occupancy (HMO) or even whether any existing planning permissions are yet to be fully exercised – clients expect this information to be made available to them. The Growth & Infrastructure Act 2013 has updated permitted development rights to now permit extensions to the rear of a property up to 6m in depth at single story level, without necessarily requiring formal planning permission. For semidetached and terrace homes, this is up to 3m, or up to 4m for detached properties. 12
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Article from Tony Rollason, Regional Manager Legal, Landmark Information Group
The only proviso here is that the property mustn’t be within ‘designated land’, such as within a site of special interest, national park and the Broads, Areas of Outstanding Natural Beauty, conservation areas or World Heritage Sites.
For those eligible, written notice must be given to local authority, including consultation with immediate neighbours. Building regulations are still a requirement and documentation to support this is needed for a property transaction.
Infrastructure & Energy For anyone buying a new property, they will want to know if any major projects are planned nearby – from major infrastructure changes such as HS2, Crossrail or highways, through to new energy developments, such as a solar farm, wind turbines, or fracking designations. The Planning Act 2008 was brought about to help speed up the planning process for infrastructure projects that are deemed of national importance – for example HS2. Here no planning is needed. The aim is to streamline the number of consents required with the final decision taken by the Secretary of State.
Planning Due Diligence Undertaking LLC1 searches LLC1 and the Con29R will provide a host of information, including Planning and Building Regulation decision, S 106 Agreements & CILs, Road Adoption, some road and traffic scheme information, any statutory notices, enforcement, conservation and compulsory Purchase information. In the majority of cases however the information is property specific, but doesn’t include any location specific information. Reports such as Plansearch Plus, or RiskView Residential with Plansearch included, provide the additional insight required to cover all areas mentioned above.
For example, a transaction of a property in Hollingworth, Hyde, highlighted some planning risks that were not immediately apparent when the clients viewed it with the estate agent.
The couple liked the fact it enjoys the use of a football pitch opposite the property, and also the far-reaching views over the Peak District beyond. Plansearch Plus revealed there were seven planning applications within 250m of the building, one of which was to redevelop the open ground for 38 new build properties, which would impede the outlook from the home. This application had the potential to cause significant impact on use, enjoyment and value of the property and further investigation was needed. Without this additional due diligence, these details may not have come to fruition until it was too late for the clients to make a judgement call. Ultimately, forearmed is forewarned and by providing clients with access to planning insights, upfront, it could save a lot of potential heartache, while demonstrating that full and thorough due diligence has taken place, leaving no stone left unturned.
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QPI Legal is a trading style of PIB Risk Services Limited. PIB Risk Services Limited is authorised and regulated by the Financial Conduct Authority, Firm Reference Number 308333. PIB Risk Services Limited is registered in England and Wales. Company Registration Number 2682789. Registered Office: Rossington’s Business Park, West Carr Road, Retford, Nottinghamshire, DN22 7SW
Northamptonshire Law Society
The Year To Come
The change of presidency is drawing near so now is an opportune moment to reflect on what is to come and what has been.
TRAINING Our society has great strength in its current legal training offering. In the coming year I would like to see that provision improve further and diversify. Members will be aware that we currently provide talks by Richard Snape on conveyancing and related topics in Northampton. The society also recently hosted a successful Tax Trust and Nil Rate Band seminar delivered by Gill Steel.
For the coming year I have already approached two prominent chambers that I hope will provide a series of training sessions in civil litigation and other areas – depending on the requirements of the society’s members. Of course, if there is any training that individuals in the membership require, please do contact the society and, if possible, the society will do what it can to deliver for everyone.
The council has a wealth of training contacts and with the society’s collective numbers we should be able to arrange a wide range of legal training opportunities.
THE UNIVERSITY OF NORTHAMPTON Beyond the council, I think that it is important to provide insight and a point of contact for local legal students, particularly at the University of Northampton.
The society sponsors a yearly prize for a student of the law school that is presented at our annual dinner. In the coming year I would like to see the ties between University and the law society develop.
I am very glad to report that we are making in-roads in that regard and hope to be able to report more here in the near future. It appears to me that a union with the university, its students and the members of the society would be mutually beneficial; training and experience for students and potentially excellent candidates for firms.
CHARITABLE WORK As readers of the Bulletin will be aware, the society plays an active role in charitable work in the county. Good examples are the time lent to officiate the yearly Go-kart challenge and the pro-bono walk.
“...Our society has great strength in its current legal training offering. In the coming year I would like to see that provision improve further and diversify...” 14
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Oliver Spicer Vice President 2017/18
I would really like members to do more and let us know about all of the great work that they carry out in the area and/or nationally. Indeed, if you support a good cause or event, let the society know and we may be able to support and assist in promotion within the membership. Again, if you or someone you know has completed a task that has gone above and beyond the call of duty, let the law society know; perhaps write an article for the Bulletin and increase exposure for your nominated charity/good cause?
SOCIAL EVENTS A quick note on social events. The membership will be aware that the society organises and hosts the annual awards dinner in Northampton. It also arranges quizzes with other professionals in Kettering and in Northampton. Please do come along and support the events; they are usually well attended, great fun and prove a good opportunity to network. As they say; ‘all work and no play’…
The society is engaged with the Northamptonshire and Buckinghamshire Junior Lawyers division. In the year ahead it is hoped that those ties will develop and perhaps joint events will be arranged. Keep an eye out for those in your emails and in the Bulletin.
ITS OVER TO YOU – GET INVOVLED Looking ahead I would ask the membership to be active this year and let the society know what it wants and requires of the society. The society is made up of the members and is for the members. If there is a burning legal or social issue that members want to write about please do so; if the topic is suitable, the Bulletin could be at your disposal. If there is event locally or nationally that you feel requires representation or promotion please let us know. Essentially, get involved and enjoy yourselves.
A WORD OF THANKS As I close, I have a few words of thanks…. Primarily, I must thank Ika Castka for her work and dedication as law society president over the last two terms. It would also be unthinkable to think of the law society and not give collective thanks to our excellent manager Phil Smith who is the bed rock of what we do. I would also like to thank past presidents Linda Lee and Euan Temple for their efforts over this year; keeping the society up to date with central developments and providing GDPR training to the membership. I wish you all a very successful and enjoyable year. I look forward to hearing from you all and seeing you at events.
Within the UK there is a large amount of money that remains unclaimed by its true owners and this issue was first addressed in 2008 which led to the ‘Dormant Bank and Building Society Accounts Act’. Under this Act, banks were required to trace account holders who had not been in contact for several years. In instances where they were unable to find the account holder, the money would be declared dormant and would be used for alternate causes. In December 2015 the Commission on Dormant Assets was formed to help with this initiative and said the dormant asset schemes should include bonds and shares which could potentially unlock up to £2 billion. In February 2018, the Commission on Dormant Assets published a report where the government will consider legislation to expand dormant accounts schemes to include other assets and financial instruments. One of their core principles state that firms should prioritise reuniting customers with their assets before the money is transferred to good causes and customers should be able to reclaim dormant money at any time. Assets should only be transferred after appropriate reunification efforts have been made.
Northamptonshire Law Society
Additional £2 Billion from dormant accounts can be reunited with customers and to fund good causes In 2011 the co-operative Banking Group (CBG) established the country’s first Reclaim Fund (RF). Both the CBG and RF have been working with the government in establishing the scheme, and since inception the RF received over £1 billion from several participating banks and building societies.
Fraser and Fraser are one of the few firms within the genealogy industry who are regulated by APR (Association of Probate Researchers). We are well known for beneficiary tracing and deceased estate distribution but now we have branched out into the world of asset reunification, helping ensure that the unclaimed assets is reunited with the asset holder. The unclaimed asset can be anything financial or also known as liquid assets. For example, stocks, bonds, dormant bank accounts or monies held by a custodian, and not just physical items from unclaimed estates. Do you need to trace people who you know have unclaimed assets? Do get in touch with us, we work alongside many organisations, both corporate and public and our infrastructure is catered towards tracing and identifying any known persons especially in the event of an estate being involved.
Do you need to trace people who you know have unclaimed assets? We provide specialist research and estate administration support services with speed and accuracy. Tracing missing beneficiaries is the heart of our business. Through expert knowledge and with international connections we can find the missing next-of-kin and assist with all aspects of estate administration.
For more information visit: fraserandfraser.co.uk or call: 0207 832 1400
GENEALOGISTS AND INTERNATIONAL PROBATE RESEARCHERS www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
Northamptonshire Law Society members put themselves through their paces for the Legal Walk by Mateusz Minuczyc and Gabriel Rodriguez-Cleary
On 30 April 2018, a band of Law Society members joined their local legal counterparts on a well-attended walk through Northampton and the surrounding area, raising money for local advice centres. Despite the cold wind, all marchers were eager to put their walking boots on and raise money for the Midland Legal Support Trust (MLST), who organised the event. The MLST is a charity that raises vital funds for the continued provision of free legal advice to some of the most deprived and vulnerable members of the local community. The participants were proud to contribute their marching boots to the cause and have raised approximately ÂŁ3,000.00.
As seen on the photos below, the evening was filled with cheer and healthy competition between local firms, members of the Judiciary, Court staff and staff at the University of Northampton. Whilst the teams fought to overtake each other during the walk, the ultimate winners were members of the local community who will ultimately benefit from the raised funds. The Legal Walk is currently on course to meet its target and we would like to thank the MLST for the opportunity to contribute to such a good cause.
Any further donations will be highly appreciated. If you would like to do so, please use the following web address: https:// mydonate.bt.com/events/northamptonlegalwalk/455643 Thank you to all donors and participants for your enthusiasm throughout! 16
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www.caves.co.uk
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Our firm has been assisting solicitors with deceased estates for many years. As one of the country’s few remaining independent stockbrokers, we are able to efficiently and cost effectively deal with the sale and transfer of shares to the beneficiaries. Our probate service takes on the often time-consuming burden from our solicitor clients, allowing them to focus on other aspects of the estate administration process. Our one-stop-service for solicitors includes: providing probate valuations; checking the validity of share certificates; arranging for replacement share certificates; reissuing any outstanding payments; arranging the sale and transfer of assets; providing financial advice and investment management services to the beneficiaries.
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We know that sifting through share certificates to determine which investments are valid for probate can sometimes seem like a daunting prospect; especially if there have been several name changes, share consolidations, and takeovers for example. We encourage our clients to leave this process entirely to us, as we have the experience and expertise to handle even the most complex of cases. Our valuations are designed to conform to HMRC requirements for inheritance tax and include undistributed dividends and interest. Corporate actions are also detailed in accompanying notes to provide a complete service.
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We have direct access to the London Stock Exchange and other recognised exchanges around the world, enabling us to deal with most types of shares that are found in estates and at competitive prices. We are also able to arrange the transfer of shares to the estate beneficiaries.
Financial Advice and Investment Management
We understand that beneficiaries often appreciate receiving advice on their inheritance. Introductory sessions are provided by our chartered independent financial advisers at no cost to the beneficiaries. As experienced investment managers, we are also able to tailor investment portfolios to suit the needs and objectives of the beneficiaries.
Contact us today to find out how our multi-service offering and highly qualified team could benefit you and your clients!
This communication is for general information only and is not intended to be individual advice. It represents our understanding of law and HM Revenue & Customs practice as at (26/01/2018). You are recommended to seek competent professional advice before taking any action.’ The value of an investment and the income from it could go down as well as up. You may not get back what you invest. Past performance is not a reliable indicator of future results.
Cave & Sons Ltd is authorised and regulated by the Financial Conduct Authority. Financial Services Register number 143715 Tax and Estate Planning Services are not regulated by the Financial Conduct Authority
Northamptonshire Law Society Calling all community heroes The Northamptonshire Law Society Annual Awards, which are now in their 5th successful year, will soon feature a new category – the NLS Community Award. The Community Award has been introduced to recognise individuals who are making significant contributions to their community through their time, actions, talents and dedication. Do you know someone who raises money for charity, gives their time to community activities, inspires others or acts as a role model? We know lots of community and charity activities will be taking place over the Summer months so it’s time to start thinking about who deserves to be honoured. Details of how to nominate yourself or someone else for this award will be announced later this year when the full details of the Awards event will be sent out. Remember the new date for the next Awards Dinner is Friday 1st March 2019 In the meantime, we’d love to feature some of your fundraising and volunteering stories and photos in the Bulletin so please email them to philsmithdw@aol.com.
What are the emerging risks for law firms? We look into our crystal ball to see what the future holds for this fast-changing sector. “The legal market is in a remarkable state of flux. In less than two decades, the way in which lawyers work will change radically,” writes Richard Susskind in Tomorrow’s Lawyers. These changes will pose new risks for law firms. Those that fail to manage them could struggle, but for nimble and forwardthinking firms, they present opportunities. Could agile working be bad for your company?
More firms are embracing agile working to attract and retain younger lawyers who are demanding a shift away from the profession’s traditional high-pressure, long-hours culture to a better work-life balance. Losing the talent war is seen as the biggest risk for law firms over the next five years, according to a survey we commissioned in 2017. Of the law firms surveyed by CBRE, 30% already have an agile working policy, while a further 40% are looking to implement one over the next 12 months. But it’s important they consider the potential risks with flexible working. “Agile working empowers people and enables them to be judged by their results rather than by the number of hours they spend in the office. But it does present issues,” says Paul Smith, Senior Risk Management Consultant at Travelers Europe. Agile working involves more than simply letting employees work from home. It requires firms to rethink how they operate to ensure remote-working staff are properly managed and that all team members are up to speed. “It’s important that agile working doesn’t mean firms unwittingly slip back into the ‘silo’ working habits that were prevalent 30 years ago. Then mistakes went unnoticed because lawyers weren’t properly supervised,” says Paddy Synnott, a PI Specialist at Miller. Firms also need to take extra steps to make sure information remains secure as more of their lawyers take case files home or access the firm’s computer systems remotely. “Solicitors need to remember their duty of confidence to clients, as losing sensitive information could result in a claim that could tarnish the firm’s reputation,” says Smith. Miller recently launched agile working across its London head office. “Agile working for us is not just about working from home,” says Susan Downey, Miller’s Head of Human Resources. “It also means flexible working arrangements, options to purchase additional leave and the ability to work in other locations.” A good agile working policy that is well implemented increases staff engagement, retention and productivity, benefiting both employees and organisations alike, says Downey. Implementing the right technology, providing clear guidelines and avoiding a “one size fits all” approach were key to rolling out Miller’s programme successfully, Downey adds.
How will the robot revolution impact law firms?
Technology is set to transform the legal sector – for the better according to lawyers who attended a Miller workshop on emerging risks held in London in February 2018. Computers are expected to help lawyers work quicker and more accurately. By using machines to do many of the profession’s mundane tasks, the Law Society predicts the legal sector’s productivity could double by 2025. The increasing use of computers could cut the large number of negligence claims caused by simple errors: a missed deadline, a forgotten property search or clause omitted from a contract. Only around one in every seven PI claims are the result of faulty legal advice, says Travelers’ Smith. “If increasing computerisation helps improve law firms’ processes then that would reduce the number of claims, which, in turn, would help bring down premiums,” says Synnott. But what if the intelligent machines on which the legal profession – perhaps even the legal system – could come to rely were found to be fallible? There have already been reports that a legal software program, used extensively by the US courts, is racially biased against black people <source: https://www.propublica. org/article/machine-bias-risk-assessments-in-criminalsentencing>. “The problem is that as computers become more sophisticated they also become more opaque,” says Synnott. “If the data they depend on to ‘learn’ is incorrect or biased then they will only reflect or ingrain human errors or prejudices. But it’s difficult to find out what went wrong from a piece of computer code.” Technology makes a good servant but a bad master. That could become an increasing problem if, as the Law Society predicts, computers take over many of the roles currently performed by people. It forecasts that 78,000 jobs in the legal sector could be lost over the next 20 years through automation. “There could be an issue if whole processes are effectively delegated to machines,” says Smith. “Machines, no matter how intelligent, need to be supervised by humans. Otherwise, as we’ve recently seen with autonomous cars, there could be terrible outcomes.”
Will firms be strangled by red tape?
The amount of box ticking and form filling law firms need to do has long been a bugbear and further changes to regulation (including the SRA’s minimum terms and conditions for PI insurance) are among their biggest fears for the future, according to our survey. “The general feeling among lawyers at our workshop in February was that there was too much for small firms to deal with,” says Synnott. The biggest worry is that it will put small law firms at a disadvantage to more lightly regulated alternative business structures (ABSs).
But, although it’s a tightrope, new regulations can be the catalyst to make firms rethink what they do and how they work – often for the better. The General Data Protection Regulation (GDPR), imposing tougher new data-privacy responsibilities when it comes into effect later this month, is for some an extra burden that hard-pressed law firms could do without. But, suggests Smith, it could also be an opportunity to streamline how they operate. “One solution to reduce your data-security exposure under GDPR might be to simply hold less data. It might make firms realise they collect a lot of information that they really don’t need and that they could be far more efficient if they just get rid of it.” Innovation offers a way for law firms to prevent being stifled by increasing regulation in future. The SRA has shown its willingness to work with legal service providers, waiving rules if that enables them to deliver new products or services in a way that suits them and their clients. In 2017, it granted 60% of waiver applications it received. Furthermore, in April, it published a consultation document to allow it further flexibility to waive rules if it encouraged innovation and competition. But, traditional law firms have been less likely than ABSs to come up with new ideas, according to research by the SRA. Increasing competition could encourage lawyers to innovate more.
Merger mania?
Facing growing competition in a crowded market might make some firms feel the urge to merge. “The legal sector might be regarded as ripe for consolidation. There are over 10,000 law firms in the UK. Are all those firms offering something unique or different?” asks Smith. After a wave of deals following the financial crisis, M&A seems to be off the agenda, at least for now. Nearly three quarters of firms (72%) that took part in Smith & Williamson’s 2017 legal survey said they did not expect to be involved in a deal over the next 12 months. They are confident about their immediate future – although perhaps that’s because increased competition has yet to bite into their income. But, with the legal sector facing an increasingly uncertain future – economic turmoil, falling fee income and shrinking business are among the biggest risks cited by the law firms we surveyed – M&A could come back on the radar. Firms considering M&A should think first about why they want to do a deal. “There are good reasons, like acquiring expertise or because the two firms fit well together. But sometimes a deal might treat the symptoms from which a firm is suffering rather than the root cause, in which case the partners should look closer to home for answers as to why their firm is in difficulties. Two weak firms don’t combine to make one strong one,” concludes Smith.
Northamptonshire Law Society
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EXPERTS UNDER THE JUDICIAL MICROSCOPE
The work of the Expert Witness Institute (EWI) As we move into the mainstream digital age, the role of the expert is bound to change, especially with a much more highly educated workforce and compliance with the Civil Procedure Rules. And, it means, also, that the role of the Expert Witness Institute (EWI) will change. The best way to find out about change and to keep up to date is to be involved with the EWI as experts remain under the current judicial microscope.
One of the great draws of the EWI is their annual conference held each year in London at the beginning of the autumn. High profile key-note speakers offer a most useful insight into what is happening in the legal world as it affects experts. Attendees include a large cadre of experts together with specialist lawyers (solicitors, paralegals and barristers), judges and, of necessity, some assorted politicians.
One of the more useful aspects of the recent conferences are the lively question and answer sessions which often highlight some of the more pressing contemporary... and controversial... issues. It’s quite amazing how much information can be gleaned from these sessions as we are listening to specific experts and their legal roles (and, sometimes, worries) about what is going on. There have been some unfortunate comments recently about the use made of experts but we, as advocates, now tend to rely quite heavily on their testimony. And, probably, members of the judiciary more so. That is why an exchange of views is so helpful as the role of the EWI changes to meet demand. Their accreditation scheme is one of the new developments and of use to the courts in the determination of very detailed and complex evidence.
Northamptonshire Law Society
A comment by Phillip Taylor MBE, Reviews Editor, “The Barrister”, and Head, Richmond Green Chambers
The EWI is not confined to medical experts, either. I have been attending their conferences for some years, mainly to cover the key-note speakers and watch developments, and I have been surprised at the wide range of expert evidence now available as cases tend to have become much more complicated and intricate.
Mr Justice Spencer said, on his appointment as the new chair of the EWI: “It has never been more important to highlight the critical role expert witnesses play in supporting the proper administration of justice and to establish the highest standards of best practice”. And he is right, of course because the views of experts continue to be carefully scrutinised providing, as they do, a special relevance in all proceedings together with live witnesses.
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
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ne of the great strengths of the UK’s Criminal Justice System is the ability of the Defence to view and question the evidence of the Prosecution, and if your case is based around the identification of an individual through a fingerprint, how can you be assured that the evidence offered is fair, unbiased and above all else, accurate.
Mr Singh completes over 200 medico legal reports per year and offers an efficient turnaround within 10 days from receipt of all relevant documentation. He can take instructions for cases on behalf of either claimant or defendant.
From a simple comparison of two fingerprints to a full evidential package, Fingerprint Associates offers a confidential service adaptable to the specific needs of the customer.
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Northamptonshire Law Society
There’s something in the pipeline... The Law Society CON29DW
What makes the CON29DW unique?
With the abundance of conveyancing reports on the market, it’s good to know that the Law Society introduced the CON29DW in 2002 to promote a consistent approach to property-specific drainage and water information.
When speaking to clients we find that the CON29DW is usually the drainage and water search of choice. It is the ONLY search that:
With 23 questions and two accurate Ordnance Survey maps showing assets and pipes, it ensures that property buyers get a consistent and thorough drainage and water search regardless of where the property is located in the country.
• includes TWO separate maps to illustrate the position of both drainage and water assets
This standardisation of property information is very much in line with the Government’s current proposals for improving the homebuying process as it helps to reduce uncertainty and unnecessary delays.
• includes answers to ALL 23 Law Society copyrighted questions on drainage and water
• does NOT infer or insure against answers to Law Society questions • does NOT refer customers to a different source of information • provides FULL protection to residential property buyers • provides effective REDRESS for homebuyers in the case of incorrect information
Our new-generation CON29DW Despite the thoroughness of the report, the Geodesys team is constantly speaking to homebuyers who have not understood the implications of identified drainage and water issues. Bearing this in mind, we set ourselves a challenge of ensuring that Geodesys’ version of the CON29DW offers the best possible information and explanation to conveyancers and buyers. We come across examples every day where a property’s value and enjoyment have been affected by related issues – so we felt it was important to paint a picture of why this could be the case.
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The redesigned CON29DW provides this information upfront, ensuring that the homebuyer is empowered either to proceed with confidence or to make further enquiries of the seller. As a result, it’s much less likely that a deal-breaking issue will emerge later in the process.
When will it be available? The new-generation CON29DW from Geodesys is now live! For more information and to arrange a product presentation, please contact: Kay Toon Account Manager 07764 987 259.
CON29DW – about to make the conveyancer’s job even easier The redesigned CON29DW from Geodesys launches this April with the following key features: • a new crystal-clear front-page customer dashboard highlighting information on key questions • clearer identification of potential issues on the dashboard • easy-to-use interactive navigation so it’s easy for users to retrieve relevant information from the details in the report • two formats: interactive PDF and usual print format • improved information on drainage and water legislation • an updated ‘plain English’ guide explaining how specific issues could affect value and further development • a new design created by industry experts
Geodesys. About to get even better. www.geodesys.com
Northamptonshire Law Society
A brief overview of the Government proposal for a register of beneficial owners of overseas companies and legal entities in relation to UK property Over recent years, there has been a public perception that overseas companies are used as vehicles to invest funds from criminal or illegitimate activities in the UK. The UK government has recently announced its proposal that a public register listing the beneficial ownership of overseas companies and entities will be launched in early 2021. Foreign companies who own UK property or are considering buying UK property will need to enter their details of ownership on the public register. This will bring the UK in line with other countries which have introduced or are in the process of introducing similar registers to ensure greater transparency as to how assets and wealth are owned and managed. This register will be the first of its kind in the UK and it aims to contain useful information, easily accessible for the public and other companies and also to protect the information of those at risk; this may be where the individuals are at risk of violence due to the activities the entity owns, or the way the property is being used.
Hosting the new register The government proposes the register will be held by Companies House, and this will be for anyone to view free of charge, although Companies House may charge the company a fee for its service..
Scope of the new register The government proposes to include all legal entities that can hold properties or bid on central government procurement contracts to comply with the register. With regard to leasehold property, to ensure consistency, the regime will extend to all leases, and not just those with an original term exceeding 21 years.
Owners’ Information Section 790K of the Companies Act 2006, sets out what particulars are required of an individual who is a Person with Significant Control (PSC) of a UK company and these are: • The individual’s name;
• Their date of birth (although the day of their date of birth is not publicly accessible); • Their nationality;
• The country or state (or part of the United Kingdom) where they usually reside; • A service address for them;
• Their usual residential address (again, this is not publicly accessible);
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By Emma Oliver
• The nature of his or her control over the company;
• The date on which that person became a person with significant control over the company; •
If there are any restrictions in place on using or disclosing any of the individual’s PSC particulars (this is in cases where the individual’s details are not made publicly accessible due to that person having made a successful application for protection under the protection regime).
The government believe the PSC regime has been tested and works for companies, therefore the information for the overseas regime may well be the same as the PSC regime.
Registering Information The overseas companies/entities who will be purchasing properties in the UK will first have to register their beneficial ownership information with Companies House, and once this has been applied for and returned they will receive a registration number. The number will then be required for the conveyancing solicitor to register the title at the appropriate Land Registry. The government will also require companies who already own properties to register the same information, once the regime is in force. They propose to give the companies a year to comply with the requirements and obtain the registration number; this will also let the companies decide whether they want to dispose of the property before the year lapses. The draft bill which will create the new register in summer 2018 may extend this time period.
After the period for companies to register ends, if an overseas company does not comply the Land Registry will reflect this on their title, preventing them from selling the property, or adding a legal charge over the title. If the company does not have a valid registration number from Companies House, the Land Registry will not be able to transfer the title, which will prevent any beneficial interest in the property passing to the company. The conveyancing solicitor should at the outset advise their client to apply for the registration number as early as possible.
Unregistered Land The proposals do not apply to unregistered land although a transfer of unregistered land will prompt first registration therefore the regime will apply to a company buying unregistered land. If there is event locally or nationally that you feel requires representation or promotion please let us know.
Required Information The government has proposed that companies will need to update the register every two years, with a reminder three months prior to the end of the two years.
This information will be reviewed by an agency to ensure the need to prevent the details being published is credible.
Section 1112 of the Companies Act 2006 states that it is a criminal offence for a person to knowingly or recklessly provide false or misleading information to the registrar at Companies House. Similarly, the government will ensure it is a criminal offence to provide misleading information for the register.
Protection Regime The government proposal states that the register will be publicly accessible. This may put some companies/individuals at risk with their personal details being made available. To prevent any issues the government has allowed for personal details to be limited on the register, subject to the criteria below; • The individual is at risk of violence or intimidation due to the activities of the entity, or the way the property is being used.
• Certain characteristics or attributes of that individual when associated with that entity or property could put them or someone who lives with them at risk of violence or intimidation. • Publicly linking the property or entity to the individual will lead to an elevated public safety risk.
Northamptonshire Law Society
Third Party protections – Lenders
Compliance
A major concern for the government was to ensure banks who lend to companies are not prevented from registering their security. If a company does not comply with the registration requirements then that would prevent the Land Registry from registering the charge for the bank. The government proposes that in those circumstances the lender will still be able to enforce its security, by way of restriction which the Land Registry will register. The government intends to draft a bill for the summer of 2018, with the register becoming operational in 2021. This is be something to keep an eye out for commercial lawyers. Emma Oliver
Solicitor in the Commercial Property and Social Housing Team at Wilson Browne. Sources:
Consultation outcome: A register of beneficial owners of overseas companies and other legal entities
• Protection for minors or people with diminished capacity.
Legal Indemnity Insurance
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Practice Management Software: when is the right time for a change? Northamptonshire Law Society
Mike O’Donnell, LawWare Ltd.
We all recognise the fact that software dates quite quickly. Practice management software is no different. It is often easier to hang on to your existing software because your staff are familiar with it and because change can be expensive and disruptive. So, how do you know when the system you are using is coming to the end of its useful life? Here are a few key pointers to help you decide if your software is a little long in the tooth.
wrong or need amending. Without upgrades and patches, your software, over time, will become more vulnerable to hacks and security breaches.
“Sunsetting”.
Don’t just believe what it says on the tin. If effort is being duplicated, it’s an inefficient system.
Let’s start with the most obvious one. If you’ve received a “sunsetting” notice from your practice management software supplier, cancel Christmas! These notices usually mean that the current version of your software will no longer be supported or upgraded. This happens for a variety of reasons, for example: a more modern software version or the buyout of your existing supplier by another company.
Whatever the case, understand the position this leaves you in. Without support, you will be on your own when your systems go
Lack of integration.
Doubtless you will have seen the claim “fully integrated” on many software packages. This can mean one single package or database managing your data or several packages and databases which slot together. If it is the latter, the real question to ask is does lack of integration cost you time, effort and money? Creating and storing records in a case management system and then having to duplicate the effort to update your accounts package is inefficient.
Is your system compliant?
The latest round of data protection legislation has raised a new set of hurdles for law firms. Older or unsupported software is unlikely to cope with these challenges. However, it’s not just about data protection compliance. Your system should be capable of easily handling various checks such as money laundering, ID verification and conflict of interest.
Your software should also enable you to perform regular compliance audits and produce data effortlessly when inspections are due.
How accessible is your System?
In the modern world, what is the point of being restricted to your office desktop? Flexible working from home, office, court or client premises is a must. That means being able to access your data just as easily on a laptop, tablet and mobile phone as you can in the office. If your system restricts you to the office, you should consider a rethink.
In conclusion.
Deciding whether your existing system is up to par is one thing. Choosing a new one is quite another. When doing so, the points I raised above are well worth considering. However, there are two critical factors that should lead your search: 1. Will the new system lead to a better service and delivery experience for my clients? 2. Will the new system make my business more efficient? The two go hand in glove, but the former is the more important consideration.
Goodbye Park, Hello Waterside As the academic year draws to a close, the law team at the University of Northampton are preparing to bid farewell to Park Campus as we move to a new state-of-the-art campus in Northampton town centre. Many members of the Northamptonshire Law Society are alumni of the University of Northampton and will no doubt have fond memories of their time spent at Park Campus; whether it be of the staff who brought subjects to life and always had the time to help, the peaceful campus with an abundance of wildlife or late nights spent in the library and Students’ Union. The new campus will provide us with the opportunity to continue to do what we do best but to also incorporate new technology and enhance our teaching by delivering more practical sessions. The move closer to town provides the law community at the University, both students and staff, with the opportunity to reconnect with the local legal profession and our alumni. We are always looking for opportunities for our students to interact with the legal profession and are particularly keen 28
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for our alumni to keep in touch and continue to be part of our vibrant student community. It is hugely beneficial for our students to hear from past students about their experiences and achievements. There are many ways that you could be involved including: • Mentoring a student
• Giving a talk on your career progression • Attending a social / networking event
• Delivering a session on your area of expertise • Providing a skills masterclass • Sponsoring a prize
If you would like to be involved then please get in touch Sophie Lomas, Senior Lecturer in Law sophie.lomas@northampton.ac.uk
WE DRIVE EFFICIENCY. WE INCREASE PROFITABILITY. END OF AD. With a proven track record stretching back more than 20 years, LawWare is one of the leading suppliers of Practice Management Software in the UK. Whatever size of practice you are, we have the experience and technical know-how to provide a fully compliant, flexible and easy to operate system that is specifically tailor-made for your business. For a no-obligation consultation with one of our local advisors, call 0845 2020 577 and we will arrange a time to visit your practice in person.
LawWare Ltd. 5300 Lakeside, Cheadle, Manchester, SK8 3GP Lawware.co.uk
Northamptonshire Law Society
Planning Risks in Residential Transactions At the start of the year, we began hosting a series of webinars which are designed to provide property solicitors and conveyancers with helpful guidance and training related to identifying and managing a host of risks in residential and commercial property transactions.
necessarily requiring formal planning permission. For semidetached and terrace homes, this is up to 3m, or up to 4m for detached properties.
The most recent webinar on ‘Planning Risks in Residential Conveyancing’ was particularly well received. For anyone looking to purchase a property, it’s important to know whether there are any nearby planning applications or land use designations, which have the potential to impact the enjoyment, value or future saleability of the property.
For those eligible, written notice must be given to local authority, including consultation with immediate neighbours. Building regulations are still a requirement and documentation to support this is needed for a property transaction.
From the solicitors’ perspective, how can such information be identified and what’s the best way of advising clients on the matter? Planning Risks: what does it mean to you and your clients?
As we see it, there are three key areas that need to be researched to fully understand if there are any areas of concern that need to be raised for the client. 1. The property itself
2. The local area; and
3. Local energy and infrastructure projects.
The Property in Question
The first port of call is to ensure that the property that is being transacted has all the necessary consents. There two key rules to consider are:
1. Has the property been physically changed, especially in the last 4 years? 2. Has there been a change of use of the property, within the last 10 years (or four years for dwelling house)?
If, however the owner has not had permission for either physical changes or change of use, there may have been a breach of planning law and the local planning authority may take enforcement action. Under the provisions of the 2011 Localism Act, it enables Local Planning Authorities to take action against landowners or developers who attempt to avail themselves of immunity from planning enforcement by deliberately concealing the breach of planning law.
The Local Area
When it comes to the immediate area, buyers will be interested to know whether changes are taking place to neighbouring properties or green spaces that may impact them in any way. Also, if any new developments are in the pipeline, which may affect their outlook, or create additional burden on the local infrastructure.
In addition, understanding whether neighbouring properties are changing from a single dwelling to that of multiple occupancy (HMO) or even whether any existing planning permissions are yet to be fully exercised – clients expect this information to be made available to them. The Growth & Infrastructure Act 2013 has updated permitted development rights to now permit extensions to the rear of a property up to 6m in depth at single story level, without 30
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The only proviso here is that the property mustn’t be within ‘designated land’, such as within a site of special interest, national park and the Broads, Areas of Outstanding Natural Beauty, conservation areas or World Heritage Sites.
Infrastructure & Energy
For anyone buying a new property, they will want to know if any major projects are planned nearby – from major infrastructure changes such as HS2, Crossrail or highways, through to new energy developments, such as a solar farm, wind turbines, or fracking designations. The Planning Act 2008 was brought about to help speed up the planning process for infrastructure projects that are deemed of national importance – for example HS2. Here no planning is needed. The aim is to streamline the number of consents required with the final decision taken by the Secretary of State.
Planning Due Diligence
Undertaking LLC1 searches LLC1 and the Con29R will provide a host of information, including Planning and Building Regulation decision, S 106 Agreements & CILs, Road Adoption, some road and traffic scheme information, any statutory notices, enforcement, conservation and compulsory Purchase information. In the majority of cases however the information is property specific, but doesn’t include any location specific information. Reports such as Plansearch Plus, or RiskView Residential with Plansearch included, provide the additional insight required to cover all areas mentioned above.
For example, a transaction of a property in Hollingworth, Hyde, highlighted some planning risks that were not immediately apparent when the clients viewed it with the estate agent.
The couple liked the fact it enjoys the use of a football pitch opposite the property, and also the far-reaching views over the Peak District beyond. Plansearch Plus revealed there were seven planning applications within 250m of the building, one of which was to redevelop the open ground for 38 new build properties, which would impede the outlook from the home. This application had the potential to cause significant impact on use, enjoyment and value of the property and further investigation was needed. Without this additional due diligence, these details may not have come to fruition until it was too late for the clients to make a judgement call. Ultimately, forearmed is forewarned and by providing clients with access to planning insights, upfront, it could save a lot of potential heartache, while demonstrating that full and thorough due diligence has taken place, leaving no stone left unturned.
.
http://www.landmark.co.uk/landmark-legal/riskview
*https://www.theguardian.com/environment/2015/mar/25/ one-in-six-uk-homes-risk-from-flooding-mps-report
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Northamptonshire Law Society
Untitled-3 1
And Finally… ... here is a round up of the topics, events and news that were not covered in this edition from Phil Smith, Society Manager.
Welcome to the summer edition of the Bulletin. There has been a change of date for the Annual Awards Dinner which was due to take place in September. For a number of reasons it has been necessary to rearrange this and the new date will be early next year. The date for your diaries is Friday 1st March 2019. The new date brings with it a slight change to the award categories. More about this nearer the time, but I can tell you of the introduction of a completely new category, the NLS Community Award. You can read more about this on page 18.
Trust Tax Review presented by Gill Steel. Gill’s reputation as a leading speaker in the UK on private client matters was clear to see. I am pleased to advise you that we have already agreed a further event featuring Gill and Estate Research who sponsored the seminar. Watch out for details of this and other upcoming courses. As ever please let me know of any speakers you would like to see and I will try to organise a local event at our Society prices. There will be many other respected speakers out there covering other topics so if you know of any that appeal to you then please advise me at philsmithdw@aol.com.
I would like to welcome 3 new junior lawyers who have been co-opted to your Council to represent the views of all those new to the profession or just starting off on their legal careers. The new members are Afua Akom of Shepherd and Co, Aimee Johns of Wilson Browne and Amy Leech of Shoosmiths. I know any of them will pleased to hear from any of you with any concerns, ideas and views you may have on issues that face young lawyers today and how the Society may be able to help.
By the time you read this we will have held our first joint summer quiz with the chartered accountants at LANSCA. Hopefully this will become a regular event with the chartered accountants to add to the long established winter quiz, which this year will be on Thursday 15th November at Kettering Golf Club. Details on how to enter will be sent nearer the time.
On to training. We have 2 new courses from Richard Snape in the next few months. They are a Conveyancer Commercial Update on the 24th July and a Conveyancer’s Guide to Fraud and Cyber Crime on the 5th September. We recently held a very successful course on the Residence Nil Rate Band and
Once again I would like to acknowledge and thank our patrons for their ongoing support of the Society. The University of Northampton, Landmark Information Group, QPI Legal Ltd and Hawsons Chartered Accountants.
“...Range of topics the Society cover are
And finally, just when you thought you had heard the last of GDPR, please note that the Society’s policy statement on this can be found on our website.
driven by the level of interest displayed by you as a member, and providing
Phil Smith
feedback and suggestions of the speaker
email: philsmithdw@aol.com
Society Manager
and type of course you would like to attend...”
12/03/2018 12:55
Northamptonshire Law Society
Catch-all solution to in-house staffing problems: outsourcing By Julian Bryan, Managing Director, Quill
Every employer knows that, at some point in their life, employees will be absent and depart their place of work. Such matters are not always possible to predict. That’s the main reason for the immense popularity of outsourced cashiering services as a more reliable alternative to inhouse staff. Businesses have a real fight on their hands when they’re understaffed because it’s unfair to expect other people to share their absent colleagues’ additional workload. The same argument applies when staff are departing. It’s a similarly tough challenge allocating sufficient time to the recruitment process. On top of pre-existing responsibilities, adequate attention should be given to the advertising, shortlisting, interviewing, selection and initiation processes. This is too tall an order for most companies. The preferred way to man a business is outsourcing. With this type of set up, staffing is constant. Typically, firms will be allocated a named cashier. Just like anyone else in employment, there will be occasions when this cashier’s off work. Unlike a traditional set up, however, an assigned deputy will pick up the workload until the cashier’s return. It’s seamless. No service interruption. Ever. Here we’re going to address some of the causes of absent and departing cashiers to demonstrate exactly what employers can find themselves up against…
1. Cashier retiring?
The combination of an increased life expectancy and government-introduced austerity measures mean that the state pension retirement age is now 67. In theory, while this is good news for employers, who get to keep valued employees for longer, in reality it’s actually possible to retire on a state pension as soon as age 55. It’s new pension reforms that are enabling people to build up bigger pension pots thereby giving them greater freedom to retire early.
2. Cashier resigning?
Retirement aside, there are multiple other causes of employees to quit their jobs in order to progress their career elsewhere. Staff turnover is a real issue for today’s employers, and a talent management strategy and succession planning are essential elements of a senior leadership team’s toolkit.
3. Cashier on holiday?
Holiday entitlements are typically around the 25-day mark of paid annual leave each year, often escalating with length of service. While holidaying employees don’t cause a notable problem for much of the year, there are peak holiday periods when it does, school summer months and Christmas amongst them. During these times, organisations are stripped right back to a core staffing structure. While staffing problems will be magnified in holiday season, all employers have to accept that staff members will request days off work in order to spend time with family and friends, most likely at the same time as other colleagues.
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4. Cashier on sick leave?
One thing that simply can’t be planned is sickness. Sometimes people do know in advance about scheduled operations or medical procedures that necessitate time off work. Largely not, though. The wide spectrum of illnesses has minor complaints and infections at one end to serious diseases and disorders at the other.
Current reports estimate sick leave costs UK employers £29 billion a year in lost productivity, a figure predicted to maintain an upward trend because of factors such as an ageing workforce and rising mental health problems.
5. Cashier on maternity leave?
Statutory maternity leave entitlements are up to 52 weeks, the first 26 weeks being ‘ordinary maternity leave’ and the last 26 weeks being ‘additional maternity leave’. There are also fathers’ rights to bear in mind with paternity and shared parental leave obligations. It’s 2 weeks’ leave for the former, and up to 52 weeks’ leave between mother and father for the latter.
6. Cashier going part time?
The need to switch from full to part time working can be driven by many things including family commitments and health concerns. For employers, job sharing isn’t always the most desirable solution. Recruiting two part timers can be more costly than one full timer. There may not be enough workload to warrant appointing a part timer and full timer simultaneously. It’s a dilemma and one that’s aggravated by complicated employment legislation. I could go on and on… jury service, study leave, dependant leave, career breaks etc. The key message being the plethora of motives that exist, resulting in a deficient staffing structure and making it difficult to run a business efficiently.
What may be surprising to learn is that, although these are tricky to remedy with in-house solutions, they’re really easily solved with outsourced service support. Outsourcing can be instructed in all manner of ways. By and large, outsourcing is a permanent, full time arrangement. Less frequently, but no less effective, outsourcing is a temporary resource engineered ad hoc to help companies through what may be a slight rough patch or critical emergency situation. Outsourcing providers operate in similar ways with subtle differences in cashier allocation, cashier-firm interaction, software utilised and so forth. As a Quill client, you have a named cashier and deputy for the duration of your cover period. Our cashiers use our own legal accounting software, Interactive, and its echits functionality is the tool that closely connects your firm with its Quill cashier.
The biggest claim any outsourcing supplier can make, Quill included, is that we’re always available. Even if any Quill cashiers retire, resign, go on holiday, get sick, take parental leave or switch to a part time contract, there’s zero impact on you, the end user of our outsourced cashiering service. That’s because your deputy will cover instead and / or you’ll simply be assigned another cashier for longer term agreements. To you, this means no more short staffing worries. Instead you’ve got continuous cashier support, whatever your unique circumstances and however your requirements might alter over time. To find out more on Quill’s Pinpoint outsourced legal cashiering service, visit www.quill.co.uk/quillit, email info@ quill.co.uk or call 0161 236 2910.
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0161 236 2910 info@quill.co.uk quill.co.uk/quillit
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