Northamptonshire Law Society Bulletin - Issue 22 by EPC Studio

Northamptonshire Law Society Bulletin www.northamptonshirelawsociety.co.uk Spring/Summer 2019

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Northamptonshire Law Society Bulletin

Published by:

Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk Managing Editor Carolyn Coles

Contents

Spring/Summer 2019 Northamptonshire Law Society

EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE

5 The President Writes 6 Constituency Council Member’s Report 8 Obituaries

Advertising Simon Castell & Laura Seymour Key Account Manager Denise Castell Design East Park Studio

10 Uncertain ability to enforce UK court competition law judgments in EU 13 Brexit and Products 15 Senior Partner and Solicitor Commemorates 50 years at Lamb & Holmes

Newly-qualified in the County

17 The Key Concerns for Conveyancers

Accounts Tony Kay

18 Concert gives hope to people with chronic lung disease

Media No. 1111 Published May 2019 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.

19 Happy New Year! 22 Yet further complexity to be added to stamp duty rules for residential property? 26 The price is right – or is it? 28 In Brief... 32 And Finally…

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Northamptonshire Law Society Officers & Council Members 2019 Oliver Spicer

Immediate-Past President Ika Castka

Honorary Secretary Ruth Taylor

Honorary Treasurer Lisa Garley Evans

Constituency Member & Past President Linda Lee

Council Members:David Browne Sharine Burgess Laura Carter Caroline McGann – Past President Jabeer Miah Michael Orton Jones Karen Shakespeare Euan Temple – Past President

Co-opted Members: Afua Akom Aimee Johns Amy Leech Lynsey Ward

Society Manager Carolyn Coles

Northamptonshire Law Society The Gatehouse, Stable Lane Pitsford

Northampton NN6 9NG

Tel: 01604 881154 Email: Sec.nls@outlook.com All Council members should in the first instance be contacted through the Society Manager.

Northamptonshire Law Society

President

The President writes... I would like to start by offering my thanks to the Law Societies in the vicinity that recently hosted their annual awards and dinners. I was very pleased to have received invitations from Societies in Cambridge, Derby, Nottingham and Leicester. Arranging and hosting these large events is no easy task and those involved deserve huge credit for their efforts, so well done! In this bulletin we have a number of technical articles for you. Indeed, the council wants to provide more by way of informative pieces to the membership. I would ask anyone receiving the bulletin if they have a burning topic that they wish to address. If so, why not submit an article for review? It may be dispersed around the membership and assist many other practitioners. Alternatively, if there are any particular topics that you would like to read articles on, or if you have any training requirements, please do let the council know. The society is here to support the membership and if we can arrange training we will do so. As the membership is aware, we continue to arrange training in land law particularly and have provided several pieces on GDPR. Moving forward, I am glad to confirm that we have arranged for a Birmingham Chambers to provide a round-up of contract law updates in Mid-June. Please do support the society and attend the training events. Details of the training are to follow shortly. Again, if there are any topics that you would like to see covered, let us know and we will endeavour to arrange training where possible. You will have noticed that we have started to provide the president’s updates from the central law society via email. Those updates are invaluable, highlighting the central law society’s endeavours to raise its society’s profile as well as improve public perception of the industry. Look out for those and do give them some review time; they include interesting developments and key mentions of the central society in the press. Finally, it is worthy of mention that we are in the process of arranging a number of events in unison with the local Junior Lawyer’s division. The NBJL are an active cluster of junior professionals that are keen to engage and socialise. Please look out for mentions of upcoming events via email. It would be superb to see a mix of lawyers at the beginning of their careers and those that are somewhat ‘more experienced’ networking together. As ever, I would encourage all members to engage with society wherever possible to enrich it and your working practice, whether it be by attending events and / or contributing the bulletin. The society is here to support and represent the members. Get involved. I will leave you for now to enjoy the bulletin. I wish you all every success and best wishes for the season. Kind regards,

Oliver Spicer

President Northamptonshire Law Society

www.northamptonshirelawsociety.co.uk

Northamptonshire Law Society

Constituency Council Member’s Report May 2019 Part One Well-being, toxic work environments and dishonesty in the solicitors profession.: The concept of ‘well-being’ has risen to prominence in the solicitors profession, following recent high-profile disciplinary cases. Despite the obvious sympathy of the Solicitors Disciplinary Tribunal (SDT), the court (following appeals by the SRA) overturned the decisions of the SDT and struck off the solicitors concerned. In 2010 the coalition government launched the National Wellbeing Programme to “start measuring our progress as a country, not just by how our economy is growing, but by how our lives are improving; not just by our standard of living, but by our quality of life ”i. Between 2010 and 2014 the government published a series of research papers and policy documents. Measuring well-being has long been a component of the United States public health policy. The Center for Disease Control has used the concept of well-being to determine its public health policies and monitor the impact of any such policies. It acknowledges that there is no consensus around a single definition of well-being, but there is general agreement that ‘at minimum, well-being includes the presence of positive emotions and moods (e.g., contentment, happiness), the absence of negative emotions (e.g., depression, anxiety), satisfaction with life, fulfilment and positive functioning ’ii. The Department of Health considered the link between well-being and work and noted that whilst those in unemployment tended to have lower levels of wellbeing than those in employment, ‘job quality is also important for wellbeing, jobs which cause high levels of stress can have adverse effects on wellbeing ’iii. Data collated by the Health and Safety Executive (HSE) collated over many years showed a cost to society of billions of pounds per annumiv as a result of work-related stress. In 2018, a report by the HSEv reported that ‘legal professionals’ were third in a list of the top six most stressful professions in the UK, more than double the prevalence in all industries. Women were more affected than men. Why are lawyers so severely impacted by work-related stress? According to the HSE, the predominant cause of work-related stressvi, depression or anxiety was workload, in particular tight deadlines, too much work or too much pressure or responsibility. Other factors identified included a lack of managerial support, organisational changes at work, violence and role uncertainty (lack of clarity about job/uncertain what meant to do.) Demanding clients and court deadlines are part and parcel of a solicitors job, however, the impact of these can be reduced and the other factors listed by the HSE are, for the most part, avoidable with good management support. Perhaps the most shocking of the recent SDT cases was that of Sovani Jamesvii. James had been admitted as a solicitor at the age of 27. At the time of the misconduct, James was 3 years PQE and working at McMillan Williams, a firm with 27 UK offices in locations including London Bridge and Westminster. James had been handling a clinical negligence claim and failed to serve proceedings in accordance with an order. She sought to cover up her mistake and to do so, she created false letters to her 6

www.northamptonshirelawsociety.co.uk

client, an expert and the defendants. She lied to her firm about progress of case and the mistake was not discovered for several months until after she had left the firm. It should be noted that ultimately the firm were able to put right the mistake she made and presumably there was no claim in negligence. Ordinarily these facts would elicit little sympathy. The disciplining of professionals is not merely to punish them, ‘It is important that there should be full understanding of the reasons why the Tribunal makes orders which might otherwise seem harsh. There is, in some of these orders, a punitive element: .. But often the order is not punitive in intention. …two other purposes. One is to be sure that the offender does not have the opportunity to repeat the offence… The second purpose is the most fundamental of all: to maintain the reputation of the solicitors’ profession as one in which every member, of whatever standing, may be trusted to the ends of the earth.’viii The Solicitors Disciplinary Tribunal (SDT) approach to dishonesty is different to that of many other professional Tribunals in that it does not consider what is the least sanction it can impose to meet its objectives, in cases of dishonesty, the starting point is strikeoff other than in ‘exceptional circumstances’. Simply concealing a mistake from the court or the regulator is prima facie dishonesty and the more prolonged the period of dishonesty, the more seriously it is viewed. James argued that although she had been dishonest for a prolonged period, there were exceptional circumstances in her case. At the time of her misconduct the firm had been in the process of seeking external investors, and as a consequence she and other members of the firm had been set tough targets. Her individual Billing Target for 2012/13 was £193,176.25 and her individual Time Recording Target for 2012/13 was 1515 hours. Correspondence she received from her firm was set out in full in the decision of the SDT. A letter from the Human resources department stated that ‘With regard to time recording, your time recording for the year 2011/12 was 1365 hours and 24 minutes, your target was 1440 hours, and you were 75 hours under target. Your target for the year 2012/13 is 1515 hours.’ The firm’s Managing partner wrote to her, ‘ the firm expects individuals… irrespective of what other roles may be assigned to them to complete the assigned number of chargeable hours…as deficits roll forward and do not reset to zero, your target will simply increase year on year, until such point as that target becomes unmanageable… as long as you prioritise the chargeable hours, it is possible to hit the target. This may involve working evenings, weekends, Bank Holidays, or simply doing a longer day. I am assuming that you will be working each and every weekend and long hours during the week to ensure that the required target is reached.’ By this stage, James was failing to cope and in evidence she said: “Almost daily I would be in tears due to the pressures I was under… The stress I was under was obvious towards the end of my time with the firm. I was clearly distressed and cried regularly. My hair started to fall out and I put on weight.”. Something that appeared to go unnoticed by her supervisor. The SDT received medical evidence that she suffered from Depressive Adjustment Disorder. The effect of this was that her

concentration would be impaired as would her ability to meet the demands put upon her by the stressful environment. By the time of the hearing, she had successfully worked at her new firm, without incident for a period of almost 3 years. The SDT were clearly sympathetic and unusually gave her a suspended 2-year suspension.

The Administrative court had no sympathy with the plight of James. Flaux LJ, giving the leading judgment of the court, held, “it is difficult to see how in a case of dishonesty … the fact that the respondent suffered from stress and depression (whether alone or in combination with extreme pressure from the working environment) could without more amount to exceptional circumstances.” He went on to say that “I do not consider that mental health issues, specifically stress and depression suffered by the solicitor as a consequence of work conditions or other matters can, without more, amount to “exceptional circumstances”, justifying a lesser sanction than striking off.. pressure of work or extreme working conditions whilst … relevant by way of mitigation to the assessment which the SDT has to make in determining … sanction, cannot either alone or in conjunction with stress or depression, amount to exceptional circumstances.” It is now clear that unless the work stress plus mental health issues lead to a one-off act of dishonesty – a single “moment of madness” – the circumstances will not be exceptional. It ordered that all three should be struck off. This immediately led to an increased ‘toughness’ at the SDT. The case of Scottix is an unfortunate example. Scott was an unpaid intern for six months before becoming a paralegal and then a trainee solicitor. She was aged 27 when she qualified and instantly moved to another firm on completion of her training contract. As a trainee under direction of the partners (both later struck-off for dishonesty) she fabricated a file for submission to the Legal Ombudsman. At her new firm, she sought the advice of the Compliance Officer for Legal Practice (COLP). He advised her to notify the SRA immediately, which she did. Unfortunately, in her email, she set out her reasoning for her actions. In addition to describing her actions and those of the partner, she stated, “I knew such practices were wrong and should have been reported immediately” and “I did not feel that I could jeopardise my training and employment”. She also said, “I am aware I should have reported the above sooner” but “I was deeply concerned about the repercussions on my myself and my employment if I did report this in the middle of my training contract”. The SDT said it had “very considerable sympathy” with Scott in that “her misconduct would very likely not have occurred” but for i https://www.gov.uk/government/collections/national-wellbeing ii https://www.cdc.gov/hrqol/wellbeing.htm#one iii https://assets.publishing.service.gov.uk/government/uploads/system/ uploads/attachment_data/file/278138/Working_well.pdf iv Management Standards’ and work-related stress in the UK: Policy background and science 2004 Colin J. Mackay, Rosanna Cousins, Peter J. Kelly, Steve Lee And Ron H. McCaig v Work related stress depression or anxiety statistics in Great Britain, 2018 vi HSE Labour Force Survey (2009/10-2011/12) vii SRA v James and others [2018] EWHC 3058 (Admin) viii Bolton v the Law Society [1994] 1 WLR 512 ix 11696-2017 - De Vita, Platt & Scott SDT

The Junior Lawyers Division (JLD) expressed concern to the SRA, including a demand that it, ‘take action against organisations employing junior lawyers and solicitors that permit toxic and unhealthy working environments to subsist’. However, the SRA has failed to amend its enforcement policy to reflect these concerns. The regulator, if it is to maintain any credibility, must amend its enforcement policy but we as a profession should also take responsibility. I have recently chaired roundtable discussions to discuss how in Leicestershire, Northamptonshire and Rutland we can do more. Work is ongoing and I would ask that you consider joining the debate and help formulate an action plan. I am happy to facilitate more discussions if you would like me to assist. The second part of this article will look at what we can be doing now to help and support partners, solicitors, trainees and employees generally.

Northamptonshire Law Society

The SRA appealed this and the Administrative court heard the case together with that of Peter Naylor, a corporate lawyer at TLT who was 7 years PQE at the time of the misconduct. Naylor sent the misleading emails in an attempt “to buy [himself] some time”. He said he felt ‘broken’ by an incessant workload and developed health issues. These cases were heard with the less attractive case of Esteddar Macgregor a managing partner and COLP, 23 years PQE who failed to report another partner’s systematic and gross over-claiming from the Legal Aid Agency and dishonestly helped cover it up out of ‘personal loyalty’ to her colleague.

the actions of [her principal]. By the time of the hearing she had left the profession and had no intention of working in it again. The SDT decided that the only possible sanction was to strike off Scott.

If you need help now:

In the meantime, a reminder that if you do need help at any time you can contact the Solicitors Assistance Scheme, a group of expert volunteers who offer free confidential help and advice for all solicitors in England and Wales, their families and employees on any problem troubling them. It is confidential - you do not even have to give your name. We offer expert free initial advice on the following: Regulatory (Practice issues, COLP/COFA issues, Authorisation Issues). Disciplinary (Practicing Certificate issues & conditions, Self-Reports, SRA investigations, SDT referrals, and breaks of the accounts rules), Partnership, Employment (including training contracts), Fraud & Crime (including a specialist cybercrime team),Interventions, Voluntary Closures or disposals of practice, Complaints & Negligence, Practice management, Money laundering and Insolvency. Email: help@thesas.org.uk or look us up at http://www.thesas.org. uk for the direct telephone numbers of volunteers who can assist. We will help. Ideally, call us when you are faced with the situation/ dilemma-and talk it through but remember no matter what has happened, it is never too late to seek help. I also recommend LawCare who support and promote good mental health and wellbeing in the legal community throughout the UK, Ireland, Isle of Man and Jersey. Their mission is to help the legal community with personal or professional concerns that may be affecting their mental health and wellbeing, and to promote understanding of how and when to seek help, without fear or stigma. LawCare has a free, independent and confidential Helpline on 0800 279 6888 and is available to anyone in the legal community, including families and support staff. If you have any concerns or queries or would like to discuss any of the issues raised or any other matter, I am always very happy to hear from you.

Linda Lee

Linda Lee has been Council Member for Leicestershire, Northamptonshire and Rutland since 2003. She is a past President of the Law Society of England and Wales and is the current Chair of the Regulatory Processes Committee and a member of the Policy and Regulatory Affairs Committee and Access to Justice Committee. She is current Chair of the Solicitors Assistance Scheme. Linda is an experienced litigation solicitor and is a Consultant at RadcliffesleBrasseur where she specialises in solicitors’ disciplinary, compliance and regulatory work. She can be contacted by email at: lindakhlee@aol.com www.northamptonshirelawsociety.co.uk

Obituaries Northamptonshire Law Society

Since our last bulletin, I am sad to announce that Northamptonshire law has lost two of its long serving representatives. Details below have been provided by their respective firms.

James Higham

Michael Fitzpatrick

James Higham, former Senior Partner of Vincent Sykes Solicitors, died on Sunday 14th April 2019. His cancer had returned and he faced his death as he had lived his life – with dignity and equanimity.

DFA Law are sad to announce the passing of a much liked and well respected former Partner, Michael Fitzpatrick.

Jim initially trained as a teacher, studying in Cheltenham, where he met his future wife, Margaret. After graduation he took up his initial teaching post in Cambridge and then moved to Thrapston to teach at the school in Huntingdon Road. He and Margaret married on Easter Monday 1959 and lived in Denford, where they remained for the rest of their married life. Jim was active in the church and became close friends with Roy Sykes, a lay reader at Holy Trinity, Denford and a partner in Vincent Sykes Solicitors, with his father, the eponymous Vincent Sykes. Roy convinced Jim that he had it in him to become a solicitor and offered him articles with the firm. Jim seized the opportunity with both hands, qualifying in October 1970 and becoming a partner with Roy that same year. On Roy’s retirement, Jim became senior partner and continued to grow the practice, building on its good reputation and strong financial base, shaping it into what it is today. Jim was the archetypal private client solicitor and became a trusted adviser to generations of clients, becoming a family friend to many. Recognised for his wise counsel and professional integrity he was a trustee of a number of charitable trusts and continued to provide his sage advice to those trusts well into his retirement. Jim retired from practice in 2000, succeeded at the Thrapston office by his daughter, Louise, and son-in law, John Davies. John and Louise are now senior partners in the incorporated practice of Vincent Sykes & Higham LLP (trading as VSH Law) which still operates from the firm’s old (although by now substantially expanded ) offices at Montague House in Thrapston. Jim’s quiet, understanding manner and his immense competence and compassion will be sorely missed by everyone for whom he worked and by those, past and present, who worked with him. May he rest in peace.

Michael qualified as a solicitor in 1979 and practiced in Northamptonshire throughout his career, specialising in Commercial and Residential property work and joined DFA in 1998 before retiring in 2018. Michael was very active in the local community and was a committee member at Northamptonshire Law Society as well as being a Round Tabler and Housing Association committee member. Everyone at DFA wishes to pass on their condolences to Michael’s widow Pauline, their three daughters and grandchildren.

Having qualified in 1997, Claire Berrington FCCA is a menber of the Expert Witness Institute with over 13 years experience as a Forensic Accountant and Expert Witness. She works with Barristers and Solicitors throughout the UK.

Claire has experience in the following areas: • Fraud, including evasion of VAT and Excise Duty

• Directors misfeasance & disqualifications • Wrongful and fraudulent trading

• MTIC, advance fee and boiler room • Partnership and directors disputes • False accounting and money laundering • Business valuations • Charity, PAYE fraud and tax cheat • Mortgage fraud • Drug offences • Proceeds of Crime Act (POCA)

• Preparation of detailed reports which clearly set out the issues and conclusions • Assistance at Court including Expert to Expert consultation and giving evidence • Appointment as joint expert

Claire Berrington BA (Hons) FCCA MEWI Call for a free initial discussion on: 01822 259593 or 07833 431013 claire.berrington@integrityafs.co.uk www.integrityafs.co.uk La Grange, The Chipshop, Tavistock, Devon PL19 8NT

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Northamptonshire Law Society

Uncertain ability to enforce UK court competition law judgments in EU by Euan Temple

Following Brexit, the UK will no longer enjoy the enforceability of judgments under the Brussels Regulation, under which a judgment of the courts of an EU Member State is recognised in all other Member States without any special procedure. Enforcement of non-EU judgments (which UK judgments will be, post Brexit) in an EU Member State is a matter for the local law. Further, EU law will no longer be directly applicable in the UK and therefore, there is likely to be some divergence in implementation and interpretation of laws between it and the remaining EU Member States. In the event of a hard Brexit, there is significant opportunity for Ireland, as the largest remaining common law jurisdiction in the EU and where English is the spoken language, to become a centre for dispute resolution and, in particular, competition litigation. Companies will need to carefully consider any plans to bring a competition law claim against an Irish defendant in the UK courts as they will potentially face “passporting” difficulties enforcing competition law judgments from UK courts in Ireland.

Ireland may become an increasingly attractive venue for ‘follow-on’ competition litigation due to potential additional hurdles in relying on EU / member state competition enforcement decisions and judgments to claim damages in UK. Ireland has the capacity to become a hub for competition law damages claims following the recent transposition of the EU Damages Directive into Irish law. Also of importance is the existence of a competition law list in the High Court,

Euan Temple - Council Member & Past President

Ireland’s document discovery rules and Ireland being an English-speaking Common Law jurisdiction within the EU. Post-Brexit, claimants will potentially face difficulty claiming damages on foot of cartel / abuse of dominance decisions from the EU Commission or national Member States in the UK courts. This being the case, claimants for damages as a result of breaches of competition law will need to carefully consider jurisdiction when instituting proceedings.

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21/12/2018 13:08

Probate

Choosing the right software to do the work effectively and profitably Choosing an effective solution for your probate work is essential in a growing and competitive market. Isokon explains what you should be looking out for when choosing the right supplier.

Case management illusion A common expression used to refer to software for probate work is ‘Probate Case Management.’ This is a misnomer. Case management is the easy part of probate work. It involves keeping track of the tasks involved, and outputting a series of relatively standard letters and oaths. The case management component addresses no more than approximately 20% of probate estate administration. The bulk of estate administration is about collecting and collating the finances of the deceased estate to enable an accurate set of accounts to be produced at the touch of a button, along with the automatic population and production of a myriad of inheritance tax forms.

Accounting system database An accounting system (double entry to highlight errors) is a fundamental requirement to doing the work profitably and efficiently, in order to deal with the plethora of inheritance tax details, such as: • separating post death income from accrued income • dealing with post probate adjustments • accounting for an abatement of assets • dealing with capital gains/losses and revaluations • accounting for packaged products such as ISAs and SIPPs and other financial instruments • listing the market value of equities and their dividends • calculating the cash value to the beneficiary who does not want shares • auto calculating the net or gross tax of equities, gilts and unit trusts • listing the foreign shares and calculating the tax due under double taxation agreements • constantly recalculating the money due to the residuary beneficiaries

Dealing with these issues is clearly beyond the capability of case management software. Using an Excel spreadsheet instead to track these items and make the calculations accurately is fraught with risks to the firm.

Choosing the right probate software supplier A search on the Internet suggests that almost every firm offering practice management software includes a probate software module tacked onto the tail end of their software.

A careful examination reveals that in most cases this ‘fag end’ addition is no more than rudimentary. It serves the purpose of satisfying the purchaser that it is a one stop shop, even though it is often not fit for purpose. In these cases it is not a satisfactory solution and will often not enable your fee earners to do the work completely and satisfactorily without using a supplementary spreadsheet to perform the calculations manually.

Support from an experienced supplier Purchasing the software is half of the solution. Quality support from your software supplier in dealing with some of the intricacies of the work is a sine qua non, especially in assisting your lesser experienced team members. This type of expert probate work support is more likely to be available from a dedicated software supplier in this area of work than you are likely to find from a jack of all trades software supplier.

Gross profit margin of 70% plus A bulging bank of wills is no longer a guarantee of an abundance of probate work. In the face of increasing competition, doing the work profitably is a fundamental contribution to the survival and growth of the firm. The target for doing the work profitably should be a minimum of 70% gross profit margin, which can be achieved by use of a ‘fit for purpose’ accounting system database integrated with an effective case management component.

Isokon Information Isokon has invested 46,000 man hours in the development of software for probate estate administration over the last 21 years. Isokon is used by more than 40% of the law firms who do probate work. More than 200 law firms - more than 2,000 individual users.

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Northamptonshire Law Society

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by Euan Temple

The EU’s laws on products generally have meant that, subject to compliance with the appropriate regulatory regime, products can be manufactured, assessed for conformity, labelled and distributed across the EU in a largely straightforward and uncontroversial manner. This applies to most goods subject to EU wide product specific rules. Certain products such as chemicals and pharmaceuticals will attract specific standalone provisions to allow EU wide market access. Other products such as toys, cosmetics, machinery, pressure equipment are regulated under a harmonised “new approach” . The imminent exit of the UK from the EU will alter that position for the supply of goods into the UK, particularly in circumstances of a “no-deal” Brexit. At matters currently stand, the landscape in terms of regulation, market surveillance, product recall and ensuing potential litigation risk, is unclear.

Northamptonshire Law Society

Brexit and products

Euan Temple - Council Member & Past President

Critically, the Regulations expand on the previous guidance and propose the introduction of a new “UKCA” marking which will be required in some cases. This stands for “UK Conformity Assessment.” The Regulations will therefore require manufacturers planning to place products on the UK market in the event of a no deal to be in compliance with the new UK regime, as well as balancing existing obligations with suppliers remaining within the EU market. Non-compliance with the new UK regime, if introduced, could lead to regulatory exposure and possible litigation with supply chain partners. Equally, the position in terms of regulatory compliance will need to be carefully monitored for goods which are imported from the UK into the EU market.

The Withdrawal Agreement envisaged specific provisions for all goods on the market at the time of the UK’s exit from the EU, but this, of course, is subject to that agreement being adopted.

What happens in the event of no-deal? The UK government published a technical notice in September 2018 which provides guidance in the event of a no-deal scenario, which applies to so called “new approach” products : This guidance suggests that after 29 March 2019, goods that were compliant from an EU perspective before exit day can continue to be circulated and placed on the market in the UK but for a time limited period only (such time limit to be specified). Similar guidance for other sectors which have their own standalone regulatory regimes to allow EU wide market access was published on 15 February 2019 . Some further guidance in the event of no deal has recently (early February 2019) been published by the UK government in the form of The draft Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (“The Regulations”) . The Regulations, once approved, are intended to come into force on the day of Brexit, but have yet to be approved by the UK Parliament.

“...The imminent exit of the UK from the EU will alter that position for the supply of goods into the UK, particularly in circumstances of a “no-deal” Brexit....” www.northamptonshirelawsociety.co.uk Untitled-2 1

07/06/2018 15:49

Stamp Duty Land Tax Are you sure you’re getting it right? Northamptonshire Law Society

The Stamp Duty Land Tax (SDLT) landscape has changed exponentially over the last five years and our experience has shown that many conveyancing firms have not kept up to date with these changes resulting in both substantial overpayments and underpayments of SDLT by their clients. This creates two main problems: 1.

The legal consumers are left open to tax demands from HMRC for their underpayments together with substantial penalties and interest which arises from a lack of reasonable care in dealing with their tax affairs. The conveyancer is left open to litigation from their clients for those underpayments.

Advising clients in a customer care letter that the firm “does not provide tax advice” may have been acceptable five years ago when the SDLT 1 was no more than an administrative exercise undertaken by a secretary, but this will not cut it in 2019 and beyond-there needs to be a transformation. If conveyancing firms do nothing else this year they should:

The conveyancers are having to foot the bill for the additional professional time taken to recover overpayments that need not have been made in the first place, and on occasion are having to claim on their PI policy as some overpayments are out of time for recovery from HMRC.

(a) not be embarrassed to ask for help on SDLT matters

There appears to be a general lack of understanding in the profession on mixed use status, multiple dwellings relief, the 3% additional rate for second homes and the 15% rate that applies to the purchase of certain dwellings by a company. This lack of understanding can be compounded by a conveyancer’s obligations to meet the conditions detailed in paragraph 10 of the UK Finance Mortgage Lenders’ Handbook which obliges the conveyancer to fund the SDLT liability themselves in certain circumstances. This can lead to SDLT liabilities being overestimated as a selfpreservation measure.

(b) ensure the client understands that SDLT has become very complex and is not included in the conveyancing quote but that you want to ensure they pay the correct amount (c) appoint an individual in the firm to be the go to person on SDLT matters (d) ensure the individual is at least up to date with the four areas of SDLT mentioned above (e) ensure that the individual is authorised to subcontract complex SDLT matters to a qualified and experienced tax professional outside the firm (f) subcontract the more complex SDLT matters to a tax professional outside the firm (g) sit back and relax

WHY IS STAMP DUTY LAW SO CONFUSING?

and could your clients be due a refund?

Stamp Duty Land Tax is commonly known as Stamp Duty or SDLT and was introduced in 2003. It was initially a relatively straight forward duty to calculate, administer and collect until Parliament started to make changes to it.

he first significant change was in December 2014 and a subsequent change came into effect in April 2016 when the 3% surcharge on the purchase of second homes and buy-to-let investments was introduced. These changes have created uncertainty and complexity when calculating the duty due and so overpayments arise. Overpayments can be recovered from HM Revenue & Customs (“HMRC”) provided a claim is submitted within the required time frame which is generally 13 months after the purchase date.

What if one house has an annexe, or detached property in the grounds? There are complex rules surrounding the purchase of properties that include an annexe, basement flat, or other residential property in the grounds such as a detached holiday cottage, an apartment above a garage or even staff accommodation. Therefore, mistakes with the calculation are made and opportunities to claim statutory reliefs and allowances are overlooked. Take the following example:

Mr & Mrs Davies purchased a 3-bedroom house in June 2017 for £675,000. Attached to the house was a garage; the upper floor of which had been converted into a bedsit. The bedsit was not occupied on the purchase date but was suitable for use as self contained living accommodation. The couple did not own any other residential property and were advised to pay Stamp Duty of £23,750 on their purchase. We subsequently reviewed the purchase for them and confrmed the Stamp Duty charge should have been £13,750. Statutory reliefs and allowances were overlooked, and we were able to help the couple claim a £10,000 refund from HMRC. We are more than happy to have a conversation with those that fear their clients have overpaid and want our help to assist with claiming a refund on their behalf. If you also have clients that are about to embark on a similar purchase please get in touch so we can ensure you advise your clients to pay the right amount of Stamp Duty. Not too much and not too little.

Stephen Griffiths, Griffiths Allen Stamp Duty Advisers office@griffithsallen.co.uk 14

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Northamptonshire Law Society

Senior Partner and Solicitor Commemorates 50 years at Lamb & Holmes

Edward Lamb, from Lamb & Holmes Solicitors in Kettering has recently accomplished fifty years at the local based firm after starting his work in the legal profession back in January 1969. The firm was founded by Mr Henry Lamb more than 200 years ago. Edward Lamb is the great, great grandson of Mr Henry Lamb and works as a practising partner. Edward is highly regarded for his work as a solicitor and also for his commitment and work within the community and with charitable organisations.

Throughout that time he has shown the highest levels of commitment and service not only to his clients but also a number of external organisations and charities”

The exceptional dedication that he has shown over the past fifty years has enabled Lamb & Holmes to continue with the traditional values, which were established over two hundred years ago by his great, great grandfather.

With extensive dealings within the private client sector and property aspects of law including Wills, Probate, Trusts, Powers of Attorney and Notarial matters, Mr Edward Lamb is also President of the Kettering Huxloe Rotary Club. He is a member of the Northamptonshire County Cricket Club and a trustee of various charitable trusts, a school governor and has been the churchwarden at his local parish church for the past forty years.

Glenn Robinson, Managing Partner for Lamb & Holmes, said: “Edward’s achievement of fifty years’ service at Lamb & Holmes is quite outstanding”.

Edward Lamb, says: “It was wonderful to have a surprise celebration of my fifty years working at Lamb & Holmes. I am most grateful to my colleagues and the

staff at Lamb & Holmes for marking this milestone”. Over the years I have seen many changes, not only in personnel in my firm and in other local Solicitors, but also in the nature of legal practice. Advances in technology and means of communication have led to a tendency of a more remote solicitor/ client relationship. However, at Lamb & Holmes we strive to maintain that personal service to our clients that is expected of a traditional country solicitors’ practice”. For further information on the legal services available at Lamb & Holmes Solicitors please visit www.lambandholmes.com. Alternatively please contact the Kettering office on 01536 513 195 or the Corby office on 01536 745 168.

Newly-qualified in the County Welcome to a new feature for the Bulletin; We are celebrating all of the newly Qualified in Northamptonshire.

Afua Akom - Tollers

Yaisa Hue - Sheperd & Co.

Afua Akom joined Shepherd & Co. as a Trainee Solicitor in December 2016 after working as a Legal Assistant at a previous practice. She hadpersonal injury work experience and came to Shepherd & Co. to widen her legal experience and qualify as a Solicitor. With a law degree from Kingston University, the Legal Practice Course already completed and10 years legal work experience behind her Afua started her training contract with a good grounding. and qualified in December 2018. Afua did seats in property, family and private client. Property Law became her preferred area of work and she now specialises in commercial property.

Yaisa Hue joined Shepherd & Co as a Trainee Solicitor in June 2017 after working as a Legal Assistant at a previous practice. She had conveyancing experience and came to Shepherd & Co to widen her legal experience and qualify as a Solicitor. With a law degree from Nottingham Trent University, the Legal Practice Course already completed and 4 years work experience behind her Yaisa started her training contract with a good grounding in the basics and was quickly a favourite with clients and staff. Yaisa did seats in property, family and private client. Family Law became her preferred area of work and she now works as a Family Law Solicitor in Bedford.

Christopher De Luca - DFA Law DFA Law are delighted to announce that Christopher De Luca has this month qualified and been admitted as a Solicitor. Having joined DFA Law in 2017 Chris has worked hard to achieve his goals and the Management Team are very pleased he will be staying with the firm within the Commercial Property team

If you would like to nominate a colleague, or are newly qualified and you would like your details published, please email sec.nls@outlook.com www.northamptonshirelawsociety.co.uk

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I read an article recently, which started by saying “Anyone who has had the good fortune to buy their own home has had the misfortune of going through the purchasing process”; it is often cited that buying a property is considered by many as one of the most stressful life events that we go through. In fact a survey by Vivo Property Buyers found that the task of selling a home is more stressful than having a baby, starting a new job or even getting a divorce. It is no wonder then that property lawyers and conveyancers are under increasing pressures to identify ways of making the process less daunting, more transparent and, wherever possible, quicker for all involved. When you sum it up like that it all sounds very straightforward, yet we know that the legal process is complex – particularly if it is a leasehold purchase as just one example. It is also reliant upon data from numerous sources and stakeholders and of course it all carries significant liabilities if issues are later found. So where should lawyers start looking if they are to streamline the process in line with Government’s wishes to simplify and speed up the process? Perhaps a good place to start is to understand some of the specific issues currently facing the profession, so we can look at what positive steps can be taken to make the overall process far less overwhelming for clients. From the conversations I have with property lawyers, I’ve broken down just some of the areas of concern that have been discussed, and consider some positive changes that are starting to happen:

Home Buyers and Seller’s Expectations

An overarching theme that I hear with lawyers is that client expectations have changed considerably over recent years. It is felt that the Internet, smartphones and email have all led to a change of consumer expectations when it comes to timeframes involved in a transaction. Consumers have become accustomed to instant gratification in many walks of life; for example, if you have a question about anything, Google will serve you an answer in seconds. Live Chat enables consumers to talk in real time with many service providers, plus the likes of Amazon allows you to purchase products in two clicks and receive the item the next day. The lawyers that I talk to are suggesting that people are starting to expect a similar experience when buying or selling a property. Many want answers and updates immediately and the increase in emails and chasers calls, both in and out of working hours, are on the up.

Cyber Security and Frauds

According to the SRA, the number of reported instances of cybercrimes appears to be increasing each year. Legal practices are facing threats from cybercriminals who target law firms

Northamptonshire Law Society

The Key Concerns for Conveyancers Article from Tony Rollason, Regional Manager Legal, Landmark Information Group

because of the funds and the information they hold – with property transactions classified as high risk for crimes such as money laundering. It is therefore paramount that practices keep their defences, security software and procedures up to date to prevent frauds from occurring.

So, what needs to change? Education It is felt that a level of education may be beneficial so consumers understand that house buying is a complex process. If consumers are more aware of the overall process, the intricacies involved and the realistic timescales at the outset, it would help establish far clearer expectations all round. Of course, this isn’t something that will happen overnight, but, with the SRA’s pricing transparency rules now in play, we are already one step further forward in helping consumers to better understand what services are handled as part of a conveyancing transaction.

Technology Innovations There is general agreement from the lawyers that I talk to that case management and online platforms, such as those for ordering searches and related environmental due diligence reports, are today supporting lawyers in delivering greater visibility of each and every transaction – both internally and externally. Tools such as these are helping to automatically populate information on forms, remove some of the previously manual tasks or provide homebuyers with online views of legal documentation, searches or environmental search reports. In addition, identity products such as ID checks and Anti-Money Laundering reports are becoming integrated with online ordering and case management tools. This means that security checks can be completed faster – and in some cases automatically – helping lawyers to mitigate associated risks. Ultimately all of this means fee earners have more time to spend on the more complex aspects of the job, and homebuyers are starting to consume transaction updates and information online, at a time that suits them, which should slowly ease the in-bound call burdens many lawyers have been facing.

www.landmark.co.uk/landmark-legal www.northamptonshirelawsociety.co.uk

Northamptonshire Law Society

Concert gives hope to people with chronic lung disease A concert performance by a choir on Saturday 27 April 2019 at the Cripps Hall Theatre, Northampton School for Boys in Billing Road played to a packed and appreciative house. Nothing especially out of the ordinary in that you might imagine, but what makes the choristers of Singing4Breathing different is that they are all people who suffer from respiratory illness and many have been diagnosed with Chronic Obstructive Pulmonary Disease (COPD). The Singing4Breathing choir was founded by occupational therapist James Wyatt in 2015. Sessions are conducted by Chris Startup, a musician and practitioner in singing for lung health, who teaches all the Singing4Breathing groups in the Northamptonshire area. The group meets every week so that singers can practice their harmony work and breathing exercises, which in turn, increase their lung capacity through song. All the choir members maintain that singing has helped them sing and speak for longer periods of time and has improved their lung function. The number of people with COPD is growing (The British Lung Foundation suggests a 27% increase in the last ten years) and respiratory disease is the third leading cause of death in England after circulatory conditions and cancer according to figures from the Northamptonshire Health & Wellbeing Board. The rate of COPD in Corby is higher than the average across the UK and the town has the highest incidence rates in Northamptonshire, a legacy of the heavy industries that employed most of the townâ&#x20AC;&#x2122;s population. People living with a COPD diagnosis are mostly over the age of 40 and the proportion of people with COPD increases markedly with advancing age. 18

Early diagnosis and effective treatment and management of the respiratory disease have a positive impact on long term health outcomes. Choir member Maria Selby was diagnosed with COPD several years ago, caused either by her smoking history or the fact that she likely breathed in harmful fumes at work. Maria required a double lung transplant and regularly attends Papworth hospital where she reports that staff are astonished at the improvement in her lung capacity and overall health. Similarly, Soloist Robert Scott was a very heavy smoker and always prone to chest infections. He stopped smoking about 25 years ago but was diagnosed with COPD in 2008. He joined the Corby group in April 2018. His most recent Spirometer test reading was the best he has ever recorded

achievement whilst raising the profile of Singing4Breathing in the community. It was also an opportunity to demonstrate the legal professionâ&#x20AC;&#x2122;s social engagement by giving something back to the wider Northamptonshire community. For more information about Singing4Breathing, contact Pat Harding by email at pat.h@singing4breathing.co.uk or call 07434 989146

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Sharine Burgess, a solicitor at Shoosmiths, worked closely with Singing4Breathing in organising the event. The concert allowed choir members to showcase their considerable talent and personal

Martyn Slyper IT DISABLILTY EXPERTS T: 020 8736 0542 M: 07956 216 254 E: enquiries@it-disability-experts.co.uk www.it-disability-experts.co.uk

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ITDE Quarter Page.indd 1

29/08/2018 13:32

We may be well into Quarter 2 of the traditional calendar, but the new financial year – for most – is still very much the debutante. With it come new responsibilities, responsibilities renewed and responsibilities as yet unseen – including, of course, budgets. How will you be using yours and where will you be aiming to get best return of investment from them? Before I went into full time media and broadcasting I worked for what was then one of the Big Four banks. It was during this time that I learned about interviewing skills, listening and judgement. Believe me, when someone is substantially over their agreed overdraft limit you become adept at asking the kinds of questions that elicit the information necessary to understand the situation! “Who?”, “What?”, “Where?”, “When?”, “Why?” and “How?” are all vital elements of that toolkit to get the process rolling – but the ability to stop and actively listen to the answers before leaping to a judgement is perhaps the most vital of all. That toolkit was often used on me by my local directors when it came to deploying my modest marketing budget for the coming tax year. At one stage in my banking career I was made responsible for our region’s activities in helping small businesses get off the launchpad and then survive the variety of obstacles which at the time used to claim at least 80% of their number within their first twenty-four months. The problem for branches was that the bank wanted accounts that would then go on to be profitable – for all. Each branch had at least one “Small Business Adviser” – their first job being to make sure that they didn’t actually advise for fear of litigation in the event of future business failure. It was quite the conundrum. I used budget to help support my branch colleagues with networking and promotional activities, but I also used to spend a lot of time on the road either addressing small business groups myself or supporting locally driven commercial initiatives where a little “bread on the water” helped with profile. Along the way I would spend time training my colleagues in questioning technique, observing them in action and then coaching them on the outcome of their efforts. This part of my role was frequently what gave me the greatest sense of satisfaction. Watching someone who has worked hard on a subject that they don’t necessarily find easy and then seeing them fly was a huge encouragement to me. Beyond our respective salaries, the investment in each trainee was effectively cost neutral – particularly when the businesses that they were helping also flew and didn’t crash owing creditors – including the bank - money. What does all this have to do with the new financial year then? Simply this. You will have established your business goals some time ago – indeed they may well be a simple carry-through from a programme established in a previous year. In order to reach those goals, you have to manage your client lists and case loads in such a way that the most expensive resource at your disposal - your staff - can perform at maximum productivity. In broadcasting, new arrivals are usually expected to present themselves as the entire,

Northamptonshire Law Society

Happy New Year!

definitive product. Few stations have training resource and those that do have small budgets to service need – perhaps the same is the case in your firm. My point is that if you have that expensive human asset working for you, keeping it up to date is vital to the future wellbeing of both the asset and your business. Being up to date with the facts of case law is relatively simple to achieve – but how much attention do you pay to reviewing the deployment of those tools in that person so that they deliver for you as both an employee and an ambassador for your firm? Or in yourself? With the seeming interminability of Brexit, many are sitting on their hands – and budgets – unsure of where best to use them. Might not a communication skills review of your fee earning team – and the next generation coming through – with subsequent coaching to address identified need be both a sensible and timely investment in the future? It will pay back on itself – many times over. Maybe I could help you too.

John Griff is a locally born and bred broadcaster, journalist and media consultant. You can find out more about his work and services at www.JGMediaServices.co.uk or reach him on 07540 735153

the hampden consultancy Building services (mechanical & electrical) consulting engineers Expert witnesses / Expert advisers / Expert assessors

ince 1993 we have specialised in assisting clients in resolving technical and contractual problems with respect to mechanical & electrical engineering services that can (and often do!) occur on many construction projects, whether during the pre-contract or construction phases, or indeed post-contract. As such we have been retained either as expert advisers, party-appointed experts or as single joint experts in respect to disputes between building owners/end-users & their contractors or between contractors & their subcontractors concerning technical and/or contractual aspects related to mechanical & electrical engineering services. We have also acted for clients in issues involving professional negligence of M&E consulting engineers.

Please call Bob Swayne EngTech AMIHEEM for an initial discussion without obligation on 01494868868 or 07768497005 or visit our website on www.thehampdenconsultancy.com for more details.

www.northamptonshirelawsociety.co.uk The Hampden Consultancy.indd 1

14/05/2018 14:40

Northamptonshire Law Society

If you’re using any Drainage and Water report other than the CON29DW…

Good luck. A CON29DW uses all known water company information, including both free and paid-for data. This ensures that the FULL picture on drainage and water is presented. The Geodesys CON29DW presents the information in plain language; provides useful detail; includes two high-quality Ordnance Survey maps (one for water and one for waste and drainage); and uses an interactive format to make it easy for you to retrieve relevant information. Some Drainage and Water reports simply infer answers from the proximity of the pipes nearby, rather than checking the billing and connectivity data that the water company holds. Or they can ignore water company data, such as the information on whether a property is at increased risk of internal flooding. The lack of an answer to this question is often covered by insurance in some reports. Whatever the example, the home buyer, lender and conveyancing solicitor are all exposed to risk.

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When it’s your reputation on the line, do you really want to leave it to luck?

It’s your call…

CON29DW from Geodesys.

No inferring, no ignoring, no insuring.

The lender Lenders need to focus on property risk as well as applicant risk – and a key concern is drainage and water. The CON29DW answers all 23 drainage and water questions from the Law Society, covering areas such as connections, pipe and drain locations, and risk of internal flooding. Other reports can infer and ignore answers, using insurance to cover the risk.

The conveyancer If a less than full picture of the property leads to drainage or water issues, a law firm’s PI insurance usually covers any remedial work – but it can’t cover the time and effort required, nor any damage to reputation. Plus the homeowner may have to carry out costly work in the future.

The CON29DW from Geodesys offers the following key features: • a crystal-clear front-page customer dashboard • clear identification of potential issues • easy-to-use interactive navigation • two formats: interactive PDF and usual print format • thorough information on drainage and water legislation • a ‘plain English’ guide • a modern design created by industry

The home buyer Whether a dream house, a desperately needed upgrade or a first-time purchase, complex drainage and water problems are a major setback for any homeowner. Even if covered by insurance, there’s still the pain of sorting out an issue that could have been identified before – and the buyer may not have gone ahead if they’d known. Call: 0800 085 8050 Email: customer.services@geodesys.com www.geodesys.com/con29dw-goodluck www.northamptonshirelawsociety.co.uk 21

Northamptonshire Law Society

Assessing drainage and water risk can be a tick-box exercise, but with the CON29DW you’re guaranteed a factual, reliable and secure approach. It’s a choice that impacts three separate, but connected, parties in the home buying process:

Northamptonshire Law Society

Yet further complexity to be added to stamp duty rules for residential property? by: Dan Kennedy and Kate Garcia – Shoosmiths LLP - Published: 12 Apr 2019 Applies to: England and N. Ireland

HM Treasury has recently published a consultation document in relation to a proposed 1% Stamp Duty Land Tax (SDLT) surcharge for non-UK residents purchasing residential property in England & Northern Ireland. The stated aim of the surcharge is to help more UK citizens into home ownership, but is this a realistic outcome or will this merely add more complexity to a tax code which is already, to many people’s minds, not fit for purpose?

The substance of the surcharge

• it is non-“close” (i.e. not under the control of five or fewer participants); or

The broad outline of the proposed surcharge is that an additional 1% rate of tax is to be applied when computing the SDLT liability on certain acquisitions of residential properties located in England or Northern Ireland by persons who are not (or are treated as not being) resident in the UK for these purposes.

• it is a “close” companies which is not under the direct or indirect control of one or more non-UK residents.

Type of property

•

The surcharge would apply to acquisitions of residential properties in England and Northern Ireland. As such, an initial question needs to be addressed as to whether a property is a “dwelling” or “suitable for use as a dwelling”. Whilst the answer will be obvious in many instances, in practice there is a great deal of uncertainty in borderline cases (including whether the property constitutes “mixed” property – a hot topic amongst tax practitioners in recent years) due to the vague statutory definition.

Type of purchaser For the surcharge to apply, the purchaser would need to be “non-resident” specifically for the purposes of these rules (the rules will not borrow the well established concept of residency from other parts of the UK’s tax code). The test of non-residency will depend on the type of purchaser: •

An individual will be liable to the 1% surcharge if they have spent fewer than 183 days in the UK in the 12 months ending with the effective date. If the purchaser is acquiring the property at a time when they are moving to the UK, the individual will initially have to pay the 1% surcharge but may claim it back if they spend 183 or more days in the UK in the following 12 months.

• Broadly, a company will be treated as a non-resident purchaser and liable to pay the extra 1% unless it is both:

• UK incorporated or has its central management and control exercised in the UK at the time of the transaction; and Either:

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• A partnership would pay the surcharge if any one of its partner is non-UK resident, no matter how small that partner’s interest. A bare trust is normally transparent for SDLT purposes so the surcharge would apply if the beneficiary of the bare trust is non-UK resident. The treatment for other settlements (namely trusts other than bare trusts) would depend on whether the beneficiary is either entitled to live in the property for life or receive rental income arising from the property. If so, and that beneficiary is non-UK resident, the surcharge would apply. If not, the surcharge would apply if the trustee is non-UK resident.

• For joint purchasers, the surcharge would apply if any one of the purchasers is non-UK resident. So, for instance, if the wife in a married couple was moving to the UK and buying property jointly with her husband whilst her husband remains resident outside the UK, the surcharge would apply. However, helpfully, the surcharge would not apply where the property is purchased solely by the UK resident wife (contrary to the approach adopted in the rules for the existing 3% additional rates of SDLT which effectively treats a married couple as a single person).

Administration •

The SDLT returns are expected to be amended to reflect this additional surcharge. It is also proposed that an SDLT return may be amended at any point up to 24 months after the filing deadline in cases where a purchaser has paid the surcharge and subsequently moved to the UK in order to facilitate refunds of the 1% surcharge in appropriate cases (current legislation prevents a taxpayer amending an SDLT return more than 12 months after the filing deadline).

How much extra complexity is an extra 1% worth?

Then started the piecemeal patches and changes with the introduction of additional rates of tax, leading to such schedules to Finance Act 2003 as 4A, 4ZA and 6ZA. As a consequence, conveyancers now need to ask a myriad of questions of a purchaser in order to be able to calculate the SDLT liability due with the outcome that there are a number of potential rates of SDLT that can apply to a transaction; • the commercial rates of SDLT;

Northamptonshire Law Society

When first drafted, the SDLT code was a relatively neat set of tax legislation. Admittedly, the SDLT returns have never lent themselves particularly well to complex transactions, and some provisions have always been trickier to apply than others, but it broadly read as a coherent code, with a single rate of tax applicable to commercial transactions and a single rate applicable to residential transactions.

The stated aim of the surcharge is to “help more people into home ownership”. The question is, having read the 32 page consultation document, would this surcharge actually make any difference to the number of overseas purchasers acquiring UK residential properties? Some overseas purchasers are currently prepared to acquire UK residential property and pay SDLT at the flat rate of 15%. If that is the case, surely they’ll equally be prepared to pay at the flat rate of 16% (assuming of course the housing market in the UK remains at all attractive to overseas investors). Even if the surcharge does act as a barrier for overseas purchasers, does this outcome justify the additional complexity for purchasers and their advisers? There is an increasing belief that HMRC do not understand the difficulties faced by conveyancers and the impact that this complexity has for the taxpayer. Adding yet further complexity whilst also reducing the timeframe for filing SDLT returns to 14 days after a transaction indicates that HMRC is not in touch with the realities of the conveyancing process. The consultation closes on 6 May 2019. Representations can be sent to Non-residentSDLTsurchargeconsultation@ hmtreasury.gov.uk.

• the 15% higher rate for higher threshold interests purchased by companies; • the higher rates (3% surcharge) for additional dwellings and dwellings purchased by companies; • the lower rates for first-time buyers; and • the “normal” rates for residential property.

Disclaimer This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.

Consideration then has to be given to whether a relief applies to some or all of the transaction, with further complexity added when applying certain of the reliefs such as multiple dwellings relief. The question must arise as to how conveyancers (not being tax experts) are expected to understand and apply these rules. This complexity is often disproportionate to the amount of tax at stake, and unfair outcomes seem to abound (some in favour of the taxpayer, others in favour of HMRC). Anecdotally, it seems clear that conveyancers are struggling with the existing rules. This impacts on the taxpayer who expects and relies on its conveyancer to advise it of the correct SDLT liability, but it is the taxpayer who is primarily liable for the additional tax, interest and penalties in the event that the calculation is incorrect. There is an increasing concern within the property industry that insurers will cease to provide professional indemnity insurance if conveyancers repeatedly make errors in relation to the calculation of SDLT liabilities. Now add to this mix the new 1% surcharge for non-UK resident purchasers and the conveyancer will additionally be required to establish the tax residence of the purchaser (which could be a potentially onerous undertaking, particularly where a UK company is owned in whole or in part, directly or indirectly, by a non-resident). All this is the case notwithstanding HMRC’s repeated mantra of keeping matters as “as simple as possible”.

Mr Sameer Singh MBBS BSc FRCS Consultant Orthopaedic Surgeon

Mr Sameer Singh is an experienced expert witness in personal injury and medical negligence cases relating to his specialist areas of expertise. These include: • All aspects of trauma soft tissue and bone injuries • Sports Injuries • Upper and Lower Limb Disorders and Injuries • Whiplash Injuries His practice concentrates on shoulder, elbow and hand disorders, using techniques that are tailored to patient needs and utilising accelerated rehabilitation techniques to promote faster recovery and reduced time off work. 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. Clients can be seen in clinic locations in Bedford and Milton Keynes.

T: 01908 305127 M: 07968 013 803 • www.orthopaedicexpertwitness.net E: orthopaedicexpert@gmail.com • www.shoulderelbowhand.org

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07/06/2018 15:22

The price is right – or is it?

Northamptonshire Law Society

by: Author: John Shirley – Shoosmiths LLP - Published: 05 Apr 2019 - Applies to: England and Wales

Key pricing provisions are often hidden away in the schedules to commercial contracts. This article highlights the importance of ensuring they are properly drafted at the outset, to avoid later disputes as to how they should be interpreted.

The problem At the heart of any contract for goods or services, is the price. This is what the contract is all about and is likely the key reason both parties are entering into it. The seller hopes that by selling its goods or services at that price it can make a profit. The buyer also hopes to make a profit by purchasing at that price (or at least, to run its business in a cost-effective way). Despite this, pricing structures in commercial contracts are often ambiguous, and don’t necessarily reflect the agreement the parties think they have made. Pricing is frequently dealt with by inserting a schedule at the end of the contract; this has often not been written by the lawyers who drafted the main body of the contract. This approach is common where contracts are for the purchase of goods which apply increasing discounts based on the number of goods ordered, or for contracts where the price varies depending on the service levels required. The pricing may seem clear at the time to the individuals who have negotiated it, however, several years down the line (often with personnel changes on both sides) disputes can arise about the meaning of the words used. We are often approached by clients who thought they had agreed one thing, only to receive an invoice for additional fees which they are not expecting because one party has reinterpreted the pricing provisions of the contract.

The law The Supreme Court, in Arnold v Britton [2015] UKSC 36, gave guidance on how the courts will approach the interpretation of contracts, including understanding pricing terms. Lord Neuberger gives a helpful summary of the law at paragraph 14 of his judgment: “meaning has to be assessed in the light of (i) the natural and ordinary meaning of the clause, (ii) any other relevant provisions of the lease, (iii) the overall purpose of the clause and the lease, (iv) the facts and circumstances known or assumed by the parties at the time that the document was executed, and (v) commercial common sense, but (vi) disregarding subjective evidence of any party’s intentions.” It is the actual wording of the contract, and what these words, taken objectively, mean that is central to interpreting a contract,

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not necessarily what the individuals negotiating the contract thought they were agreeing at the time. Complex pricing provisions are often unclear taken on the natural and ordinary meaning of the words. They may have been understood by the individuals negotiating the commercial side of the contract, however, all too often we have seen that the wording used to capture this is capable of multiple interpretations. It is often only a matter of time before one party realises this ambiguity and disputes develop over the interpretation of the contract; this can even happen after the parties have both acted in accordance with one interpretation for years.

The options These disputes are often balanced on a knife edge, with both parties having reasonable interpretations of the contract and sensible legal arguments to back them up. While the actual performance of the contract may assist one party in arguing that the other has waived its rights or is estopped from making its claim – these arguments can be difficult to make out. The result is a situation where both parties find themselves facing significant legal costs with an uncertain outcome. Negotiation and mediation are often attractive options in these circumstances. In these disputes the sum being claimed is usually either owed in full or not at all. This presents a challenge and an opportunity for negotiation – the only real considerations are the strength of the legal arguments and the costs of arguing about it. This limits the room to manoeuvre, but also focuses the minds of parties on achieving a workable settlement. Of course, the best option is to ensure that pricing is dealt with clearly and unambiguously when first drafting the contract. Spending the time at the outset making sure these provisions truly reflect what the parties want to agree can save significant time (and money) further down the line.

How Do You Find Out About Care Services for Older People? Older people, single, having no children, having children, it makes no difference. When a crisis occurs and knowledge about the care sector is needed, the amount of information that people of all ages have is sadly lacking. The result being that when an older member needs care support, the usual situation is that no one knows much about the subject or the practical realities of accessing an appropriate service.

How Do You Find Out About Care Where and who do you go to for help and information? Social Services both in Social Care and Health are the natural Services forsocialOlder link to information. Many workers are People? part time, many have large caseloads and with an increasing number of older people needing care, moreCare social Angela Gifford, MD. Able Community Ltd.workers are needed. It is a fact that many people seeking information from social services are not given comprehensive information.

Older people, single, having no children, having children, it makes no difference. When a crisis occurs and knowledge about Thecare localsector GP Surgery may offer some local care information but are usually a resource of that the is needed, the amount of information that people of not all ages have is sadly centre. lacking.The Theemergence result being Hubs which contain a range of health professionals and related staff are more likely to be able to offer help and when an older member needs care support, the usual situation is that no one knows much about the subject or the practical guidance, but these are not nationwide service bases. Depending on where you live, urban or rural, will mean there realities of accessing an appropriate service.

may or may not be local voluntary organisations that can help and give out helpful information.

Where and who do you go to for help and information? Social health centres or resource centres. Services both Social can Careprovide and Health are the natural link However, knowing where to look, what to look for is not Access to the in internet a wealth of information. Care must be paid for, who pays and who does not, what are tonecessarily information. Many social workers part time, many have straightforward. Some are telephone helplines are good sources of information, but you have to know who the eligibility criteria? Where do you look to find the appropriate large and with an increasing theycaseloads are and what the number is! number of older people care needed? A person needs care, what are their legal rights needing care, more social workers are needed. It is a fact that and who protects them? What questions should you ask a care The common phraseinformation ‘You don’t from knowsocial what services you don’t know’ many people seeking are not is particularly relevant when seeking practical solutions provider? What should you look for and ask about when visiting given comprehensive information. to a care situation. Why is this? a potential care home? What, if any, disability equipment might The local GP Surgery may offer some local care information be needed; what is available and how I make contact to Unlike trying to persuade people to give up smoking, to exercise, to reduce weight, etc there are no do public funded but are not usually a resource centre. The emergence of Hubs enquire? advertisements giving guidance and direction when it comes to the aspects of care for older people. There are no which contain a range of health professionals and related staff comprehensive, roadmap leaflets in libraries, pharmacies, health centres or resource centres. are more likely to be able to offer help and guidance, but these There have been in the past ‘One Stop Shops’ or similar which were information points, but with reducing funding in the are notmust nationwide Depending onnot, where youare the Care be paid service for, whobases. pays and who does what eligibility criteria? Where do you look to find the these usually had short lives. live, urban or care rural,needed? will mean there may or may be are localtheirsector, appropriate A person needs care,not what legal rights and who protects them? What questions voluntary organisations that can help and give out helpful What is needed is for a Minister of Aging (akin to the Scottish should you ask a care provider? What should you look for and ask about when visiting a potential care home? What, information. fordoOlder People and Equalities) to be appointed if any, disability equipment might be needed; what is availableMinister and how I make contact to enquire? with specific directions to tackle the problem of an increasing Access to the internet can provide a wealth of information. number of older people. Older people and families There have been in the past ‘One Stop Shops’ or similar which were information points, but with reducing fundingdoin have However, knowing where to look, what to look for is not the ability to arrange, procure, ask questions, make decisions the sector, these usually had short lives. necessarily straightforward. Some telephone helplines are good sources of information, but you have to know who they about care services but they do need the tools to enable them What is needed is for a Minister of Aging (akin to the Scottish to Minister for Older People and Equalities) be effective and do so. This should be a priority, would beto cost are and what the number is! appointed with specific directions to tackle the problem of anpractical. increasing number of older people. Older people and The common phrase don’t what you don’t is families do have the‘You ability to know arrange, procure, askknow’ questions, make decisions about care services but they do need particularly relevant when seeking practical solutions to a care Able Community Care offers nationwide the tools to enable them to do so. This should be a priority, would be cost effective and practical. situation. Why is this?

Live-in Care Services and we can answer

Able Community Care offers nationwide Care Services Unlike trying to persuade people to giveLive-in up smoking, to and we can answer many of your questions about care today. Call us on 01603 764567 or visit our website www.ablecommunitycare.com exercise, to reduce weight, etc there are no public funded many of your questions about care today. advertisements giving guidance and direction when it Angela Gifford. MD of Able Community Care Ltd Call us on 01603 764567 or visit our comes to the aspects of care for older people. There are no comprehensive, roadmap leaflets in libraries, pharmacies, website www.ablecommunitycare.com

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For a free brochure on any of our professional care services call us today on 01603 764567 info@ablecommunitycare.com www.northamptonshirelawsociety.co.uk

In Brief...

by Carolyn Coles

Northamptonshire Law Society

Having recently joined the Law Society as its manager, I took the time out to have a chat with one of the councilâ&#x20AC;&#x2122;s newest members, Afua Akom, and asked her to explain her journey onto the council and what she thought she could offer the council and its members. More recently, I enjoyed being part of the events committee for the annual Northamptonshire Law Society awards dinner. The evening was a resounding success and it was a fantastic opportunity to network with individuals from various firms in the county. My particular area of interest is in relation to law graduates and LPC students. I would like to raise awareness of access to the profession and the alternative routes to qualification, as well as mentoring. At university, I benefitted from having a mentor, and I have used my experience to mentor university students during the course of my own career. I would like to develop the work of the council in these particular areas going forward.

Afua Akom - Tollers I was co-opted onto the NLS as a junior council member in April 2018. Prior to joining the council, and during my training contract, I regularly attended courses organised by the council, which I found engaging and informative. I was first introduced to the work of the council through my training principal, Robin Shepherd; a former NLS president. It was this, together with an interest in the issues affecting junior lawyers, which led to my interest in joining the council. As a body the role of the NLS is to support, promote and represent its members across Northamptonshire. NLS is a division of the National Law Society. Engaging with our members is pivotal to the work in which we do. As a junior lawyer, my role is important to provide an independent voice for the many junior lawyers, students and graduates in the county. The past year on the council has been extremely rewarding. I particularly enjoy attending the bi-monthly council meetings and engaging with other members of the committee who are from a diverse range of backgrounds and who are at various stages of their legal careers. At the meetings we discuss with openness the issues impacting the profession, legal updates and how best to ensure any development of the profession is in the best interests of our members. During a recent council meeting, I found it beneficial to discuss case law in relation to some of the challenges facing junior lawyers. Including the transition from a trainee to a newly qualified and the need to promote continuing training, support, resilience and wellbeing in the early stages of our careers. I found it positive to glean perspective and advice from the senior members of the council. 26

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If you are recently qualified and would like to find out more about the Northamptonshire Law Society, or the Juniors Lawyer division, please contact me â&#x20AC;&#x201C; Carolyn Coles - Sec.NLS@outlook.com

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Wales and Scotland are Seeing Fastest Growth in Charitable Bequests by Rob Cope

Charities in Wales and Scotland are seeing faster income growth from gifts in Wills than other parts of the UK according to a new research report published by the 200-strong charity coalition Remember A Charity. The UK Legacy Fundraising Market 2019 summarises income from gifts in Wills to the nation’s top legacy-earning fundraising charities, exploring the impact of the recession and subsequent economic recovery. While charities across the UK have seen legacy income growth of 10% over the past decade, the smaller markets of Wales and Scotland have risen by 23% and 35% respectively. Health charities receive the largest share of donations, but the market is diversifying with many smaller and community-based organisations now being named in Wills. Overseas aid, environmental and services charities are increasing their space in the market, while those in the religious and social care fields are losing ground.

“...Currently, one in six probated estates include a charitable gift, but with the latest consumer tracking poll indicating that four in ten of the over 40s would like to do so...” Rob Cope, director of Remember A Charity, says: “Charitable bequests are often linked with the largest household name charities, but the market is growing and changing with non-profit organisations of all sizes and causes coming to the table. For many of these charities and their beneficiaries, a legacy gift can be completely transformational.”

Importance of legacy giving Underlining the importance of bequests to charities across the country, the research finds that legacies now account for 28% of the UK’s voluntary donations. For the top 1,100 fundraising charities alone, this equates to over £2.2 billion of vital charitable funding. For charities such as RNLI, legacies fund 6 in 10 lifeboats and a third of Cancer Research UK’s life-saving research. Cope adds: “As awareness about legacy giving increases and the professional Will-writing community continues to make their clients available of the option of including a gift in their Will, we’re seeing a long-term increase in the proportion of estates including a charitable gift1.

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“There is growing appetite for people to support the good causes they care about long after they are gone. Once supporters understand that gifts in Wills don’t have to be particularly large and can fit around their wishes to look after family and friends, a charitable bequest can be a surprisingly easy and efficient way to give.” Currently, one in six probated estates include a charitable gift, but with the latest consumer tracking poll indicating that four in ten of the over 40s would like to do so, Remember A Charity believes there is significant potential for further growth.

Challenges of a post-Brexit world Legacy income patterns tend to mirror the shape of the economy and reflect the number of estates going through probate. When property prices increase, inevitably estate and legacy values do too. While the report highlights that the 2008 recession led to a notable fall in income to charities, the market was quick to recover and growth continued in the subsequent years. Looking to the future, the coalition expressed some caution about the years ahead. With the impact of Brexit as yet unknown and a rapidly ageing population facing rising care costs, estate values may well suffer and that could have a considerable impact on the nation’s charities. Cope adds: “Charities are increasingly reliant on gifts in Wills and although the number of donors is on the rise, we can see that legacy income is being stretched across a broader marketplace. The charity sector is likely to feel that stretch all the more as we deal with the uncertain economic future of a post-Brexit world. It’s vital that charities work collaboratively with the legal sector and government to normalise legacy giving and provide a more stable basis for this vital income stream for the years ahead.” Rob is the director of Remember A Charity. He has overseen a growing and vibrant consortium over the past five years, developing partnerships with government and the private sector. He was previously deputy director of marketing and communications at The Prince’s Trust, including the youth charity’s 30th birthday appeal. Rob is a board director of Relief International and a keen runner. 1. The proportion of probated estates including a charitable donation increase from 12.2% in 2007 to 15.7% in 2017. (Source: Smee and Ford).

Registered Charity number 264221

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Help make a difference

e are a UK charity providing a fantastic selection of high-quality audiobooks to some 50,000 people across the UK who find it difficult or impossible to read due to an illness, disability, learning or mental health difficulty. We charge a membership fee to only half of our members- those who feel they can make some contribution and that is heavily subsidised. The other half need to be fully funded. Listening Books receives no central government funding whatsoever and very little local government funding. The reality is that Listening Books simply could not survive without the generous support of sponsors and the active co-operation of publishers.

Transform the lives of children who are blind or vision impaired: • Fundraise for us • Leave a legacy • Make a donation

For more information about NCW and to find out how you or your organisation can help, see www.ncw.co.uk

Whether you have already written your will or are thinking about writing one in the near future, we ask that you consider leaving a legacy to Listening Books. Your legacy will make a vital diﬀerence to the lives of our members for years to come.

Or contact our fundraising team on 01905 763933 or email fundraising@ncw.co.uk

CALL US NOW on 020 7407 9417 or email us at: bdee@listening-books.org.uk

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and invest in the future of later life We are a UK based charity concerned with the health of those in later years and the people who care for them. Action For Elders have helped 1000s of people across the UK. Our Balanced Lives programmes are recommended by GPs and can make a huge difference to health and wellbeing. They are completely free of charge, but we need your help to provide these much needed services. Older people face many issues such as age discrimination, lack of mobility, loneliness and a sense of disconnection from their community. The Balanced Lives programme brings huge health benefits with simple and easy but effective exercises. It enables like-minded people to meet and rebuilds the lost social connections that often occur when you lose a loved one or suffer from failing health. If you are thinking about writing your will or making adjustments to an existing one, we would ask you to consider leaving a legacy to Action For Elders Later Life – it’s your future too

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09/05/2019 16:51:36

School teacher swaps the classroom for the typewriter with amazing debut novel. History teacher Andy Donaldson wows with the hilarious ‘Rain Town’, as he juggles his passion for writing with his love of teaching. Andy Donaldson, Head of History at Northampton High School, has made his exciting debut as an author with the hilarious ‘Rain Town’. After years of aspiring to become an author, Andy finally decided to put pen to paper for his first book after being inspired reading his young children bedtime stories. In an interview with BBC Radio Coventry & Warwickshire’s John Fox, Mr Donaldson (as he is known in the classroom) explained that the books he would read to his children didn’t make him or his kids laugh, and failed to make them think about feelings and emotions. “It’s a magical time reading stories at night with your kids, and you want to enjoy the story too”, Andy explained to Fox, and this was the final inspiration he needed to pursue his dream and enter the world of writing. And thus, Rain Town was born. Juggling his passion for writing with his love of teaching was a challenging task,

Your gift is my future

but one that was never to deter Andy from reaching his goal. After several years of work and dedication, Andy’s dream was realised when Rain Town was picked up by Troubador Publishers, and was made available to purchase from early 2019. “Reading is massively important”, comments Andy. “At our School we have a Library at the centre, and the kids are encouraged to read all of the time. You can instantly tell (when teaching) by the style of a student’s writing whether they are a reader or not, it shows through so so clearly. Reading is absolutely essential”. Rain Town follows the lives of Sidney Rain, an ordinary man in an ordinary town, and his son Stanley, and ordinary boy with ordinary friends. When a mysterious theft takes place at his school, Stanley and his friends turn detective to help solve the mystery, whilst Sidney seeks his friends help to try and save his soul. With a prequel, ‘Here come the Rains again’ already in progress, the future looks bright for this exciting new author. Rain Town is available to purchase on Amazon, and you can find Andy on Twitter at @AndyRainTown.

Hope helps get people off the street and gives individuals the opportunity to make a future for themselves… Your gift will give the most vulnerable in our society the chance of a better life off the streets and free from their past… Leaving a gift to The Hope Centre in your will helps us give homeless people the practical help and support they need to move forward with their lives. Speak to your solicitor to discuss how to include Hope in your Will. Northampton Hope Centre Oasis House, 35- 37 Campbell Street, Northampton, NN1 3DS t: 0845 519 9371 e: office@northamptonhopecentre.org.uk

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And Finally… Northamptonshire Law Society

... here is a round up of the topics, events and news that were not covered in this edition from Carolyn Coles, Society Manager. Welcome to the Spring Edition of the Bulletin. This bulletin marks my second publication, and 5 months into my new role. This has been a very busy few months which saw the Annual Dinner, membership renewals, a Richard Snape training course and the year end, I have been kept very busy! As we approach the summer months, we have some dates for your diaries: July 9th – A CPD course presented by Richard Snape – Ground Rent, Service Charge & Estate Rent Charge Issues in Conveyancing Holiday Inn, Bedford Road, Northampton July 15th - AGM to be held at Shoosmiths - 6.00pm Sept 10th - A CPD course presented by Richard Snape - details TBC

If you have any articles that you would like to be included in the bulletin, please let me know! This can be a review of a new eatery in Northamptonshire, of a physical challenge for charity, a tale of a cause, close to your heart… almost anything! Please email me any articles that you wish to be included to sec.nls@outlook.com I look forward to hearing from you !

Carolyn Coles

Carolyn Coles - Society Manager Email: sec.NLS@outlook.com Office Number: 01604 881154 My mobile: 07543 662572

(keep an eye of your inboxes, and social media for further details nearer the time)

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Solving the back office puzzle

By Julian Bryan, Managing Director, Quill

True professional ‘cradle to grave’ solutions are difficult to find. It’s rare that suppliers to the legal sector offer everything needed in a modern-day law firm’s back office – that’s software to manage accounts, matters and documents, and outsourced services to take over core administration functions. At Quill, however, that’s exactly what we do – provide a single platform that combines the applications and outsourced support required to operate a high-performing legal business. You only have to look at our website’s home page to meet the entire series of software and services available from Quill. Users can pick and choose from: Interactive – case management, legal accounts and document management software with in-built risk management functionality; Pinpoint – outsourced legal cashiering service using Interactive; Payroll – outsourced payroll and pension management service; Type – outsourced typing service delivered in association with Document Direct; Precision – outsourced legal cashiering service on any software; and Bookkeeping – outsourced bookkeeping service for all sectors. But before diving into more detail about our software and services, we’d like you to join us on a mini history tour of Quill in order to show you how this full service provision has come about. You see, we actually first started out in business way back in 1978 – over 40 years ago. Right from these early days, our systems were being designed to help practices avoid unnecessary repetitive paperwork tasks for which the law is renowned.

every year; our Payroll team processes over 100,000 payslips annually and last year transferred over £54 million in salaries as an accredited BACS bureau; every other department just keeps growing.

have one monthly payment, one point of contact and one primary store of our electronic files. It’s so convenient and so much easier to run our business in this totally integrated way”.

Going back to why Quill’s so unique, our lengthy heritage, privately owned status and one-stop-shop portfolio really set us apart from our competitors. Few of our contemporaries can boast a comparable expansive background. Fewer still can make claims about independent ownership. And even fewer can proffer a total back office product range.

Allan Hunt, Senior Partner at MPP Solicitors, expresses similar sentiments: “[With] Quill we have trusted relationships. [We use] Payroll as a bolt on to Quill’s Pinpoint service and Interactive software which we already subscribe to. With Quill firmly behind us, our back office operates smoothly and integrates seamlessly.”

Moving on to our clients, many of our users have been with us from the very beginning. Their continued loyalty speaks volumes about the close relationships we’ve formed together over a period of four decades and the quality of our various solutions which they use on a day-today basis. Browse through our multiplying number of case studies online and you’ll see how our clients wax lyrical about our personable, long-serving employees who are ambassadors for Quill; ethical stance evidenced by multiple accreditations and charitable giving; technologically advanced software that’s won awards; and catalogue of outsourced services which allow them to concentrate on their business-critical responsibilities without distraction.

In the intervening 40-plus years, the legal industry remains our absolute focus, our technology has developed to the current complete cloud-based practice management system it is today, and our offerings have been extended to also include outsourced cashiering, payroll and typing services. 1978 to 2019 has been a truly remarkable journey.

Clients repeatedly tell us that, simply by choosing Quill as their principal business partner, they’re able to become “digital by default”, “compliant to the letter of the CLC Accounts Code”, “free to do what I do”, “a successful, profit-making firm”, “focused on matter management and business development”, “revolutionised”, “100% assured of regulatory compliance”, “more economical and productive [with] use of resources – both human and material”, “able to work flexibly when out of the office”, “committed to the cloud concept” (note: their words, not ours!) and much more besides.

To quote some statistics from the present day: our Interactive software has earned over 7,000 current users; our Pinpoint division posts over 2 million transactions

Nick Timmings, Partner at Petersfields LLP, perfectly sums up what clients think about Quill: “By relying on Quill for all our main software and service needs, we

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By utilising our extensive time-saving, efficiency-enhancing, cost-reducing, security-boosting, compliance-assured products, an ever-growing list of benefits are achieved. Through heavy investment in R&D, we ensure this is the case. Our ongoing software and service development is a future-proofing promise that, whatever changes and challenges are faced by the legal profession, Quill’s got every client’s back. We know that not all firms are the same. Each has differing demands which are best overcome with a differing mixture of software and services. It’s our role to ascertain what this is, thereby providing the proper tools to take control of processes and optimise performance, both now and into the future. We find nothing more satisfying than empowering law firms to do just that.

To discover more about Quill, please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910 Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.

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