Northamptonshire Law Society Bulletin www.northamptonshirelawsociety.co.uk Autumn/Winter 2019
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Contents
Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk
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The President Writes
6
Constituency Council Member’s Report
8
Elder abuse on the rise in care homes
11
Judge Brenda sets an exciting 2020 agenda annual bar and Young Bar Conference 2019
12
Cross-border transfers of personal data
13
Meet your council members
15
Northampton Legal Walk
Accounts Tony Kay
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Brownfield property developments: what should conveyancers consider?
Media No. 1111 Published November 2019
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NHSX and Amazon Alexa ‘medical device’
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Northamptonshire Law Society Annual Awards Dinner
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Northamptonshire Law Society Legal Awards 2020 - Nominations Now Open
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Rokart 2020
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A day in the life of a judge
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And Finally…
Published by:
Advertising Simon Castell Key Account Manager Denise Castell Design East Park Studio
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.
Northamptonshire Law Society
Managing Editor Carolyn Coles
Autumn/Winter 2019
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Northamptonshire Law Society Officers & Council Members 2019 Sharine Burgess
Deputy President Jabeer Miah
Immediate-Past President Oliver Spicer
Honorary Secretary Ika Castka
Honorary Treasurer Afua Akom
Constituency Member & Past President Linda Lee
Council Members:David Browne Laura Carter Michael Orton Jones Karen Shakespeare Euan Temple - Past President Edward St John Smyth- Past President Afua Akom Aimee Johns Amy Leech Lynsey Ward
Co-opted Members: Sarah Franklin Maurice Muchinda
Society Manager Carolyn Coles
Northamptonshire Law Society The Gatehouse, Stable Lane Pitsford
Welcome to the last edition of the Bulletin in 2019.
There has been plenty going on since the last edition with a focus on training and education. NLS has organised several courses over the last two months which have included Keith Biggs on “Solving Problems in Probate”, Andrew Duncan - Counsel at Senate Chambers specialising in family law - who delivered “High Conflict Cases & Public Law Update” and regular presenter Richard Snape with a “Conveyancing Law Update”. These courses have been well attended and have received great feedback. Training and education are something that I am keen to develop. NLS is in the fortunate position of being able to provide high quality training at very competitive rates currently £30 for members and £85 for non-members but your help is needed... As I mentioned in the last Bulletin, I am keen to provide interesting and relevant services to our members and this applies to training as much as anything else. To this end, I would very much welcome your ideas for future training courses and any areas of law or specific topics you would like to be covered, so please do contact me as I would love to hear from you with your suggestions. I would also like to mention the NLS Annual Awards Dinner which will take place next year on 15th May at the Marriott hotel in Northampton. The event is a great opportunity to spend time with colleagues, meet new people and generally let your hair down. If you or your firm have not attended the awards event before, please do consider attending next year. For those who have attended previously I look forward to welcoming you again. For further information and ticket prices please see inside the Bulletin (there is an early bird discount for bookings made before 29th February 2020). It is also an opportunity to recognise the outstanding achievements of our brilliant legal community and there will be awards in the usual categories including (i) Firm of the year (ii) Solicitor of the year (iii) Young lawyer of the year (iv) Community person of the year. Nominations are now open! The closing date is 29th February 2020 so please do get nominating. For further information please see inside the Bulletin. Further, can I give a plug to ROkart 2020. For those of you who are unfamiliar, the Rotary Club of Nene Valley organise an indoor kart racing event each year to raise money for local charities in Northamptonshire. Since the event started, four years ago, they have raised nearly £40,000 which is an incredible achievement. The NLS heat will take place on 12th February 2020. Ten teams will compete (five drivers per team) so if your firm would like to enter, please contact Neil Hufton at n.hufton@btinternet.com to secure your place. For further details, please see inside the Bulletin. Finally, may I take this opportunity as we approach the end of another busy year to thank you for continuing to support NLS. A special thanks to the Council members for all their hard work over the past year and to our manager, Carolyn Coles, who has been in post now for 12 months and is doing a fantastic job of running NLS.
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I would also like to acknowledge and thank our patrons for their ongoing support including University of Northampton, Landmark Information Group, QPI Legal Limited and Hawsons Chartered Accountants.
Email: Sec.nls@outlook.com
I would like to wish you all a very merry Christmas and happy and prosperous New Year.
Northampton Tel: 01604 881154 All Council members should in the first instance be contacted through the Society Manager.
Sharine Burgess
President Northamptonshire Law Society
sharine.burgess@shoosmiths.co.uk www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
President
The President writes...
Northamptonshire Law Society
Constituency Council Member’s Report December 2019 New Handbook, importance of the enforcement code, new practice models, digital badge, new standard of proof at the Solicitors Disciplinary Tribunal. All change! From 25 November new Handbook and new responsibilities (and consequences) for all solicitors. Standards and Regulations (StaR). In contrast to the introduction of the last Handbook in 2006, reaction by the profession to the introduction of a new Code, the 131-page ‘Standards and Regulations’ (StaR)i has been relatively muted. Perhaps this is a consequence of it being somewhat similar to the old Code, in that it is again an outcome focussed or principle based code, and it is reassuringly shorter than the old handbook-the old Indicative Behaviours have been removed and the Principlesii have been reduced from 7 to 10. There are in fact two new Codes -one for individuals and one for firms. This is a reaction to an increasing understanding (supported by academic research) that removal of the pre2006 Rulebook had led to a disconnect by employed solicitors, particularly those employed in private practice, from their regulatory responsibilities. Many saw their responsibilities as purely to report any problems to a compliance officer. The new Code rather confusingly suggests that individual solicitors can place reliance on a report made to a Compliance Officer for Legal Practice (COLP) and for Finance and Administration (COFA) but at the same time there is an individual responsibility on each solicitor (including those who are inhouse) to make reports to the Solicitors Regulation Authority (SRA) where they have ‘serious concerns’. They should make such reports promptly. This suggests that in circumstances where either the Compliance Officer has refused to make a report of any ‘serious concern’ or the individual suspects that a report will not be made, they should be prepared to make a direct report to the SRA themselves, ‘promptly’ or they may well face disciplinary action. The new Code is more focussed on the quality of the service provided, placing obligations on individual solicitors to ensure that they provide a proper standard of service and are competent. There are also more detailed requirements in relation to interaction with courts, tribunals and inquiries and supervision of work delegated to others. It also makes explicit the responsibility of individual solicitors, including those who are employees, in relation to referral fees. For firms, owners and compliance officers, perhaps the biggest change is that relating to accounts rules, with more decisions being required as to how to operate the client account. A whole raft of guidance to support the new Accounts Rules has been 6
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promised but not all the information has yet been published. The new Code for firms places greater emphasis on ensuring that the firm and compliance officers are responsible for supervision and ensuring that employees comply with regulatory requirements and for the quality of client work produced. Although not expressly referred to, it seems likely that there will be an increase in prosecutions of compliance officers and firms where junior employees have committed serious breaches of the Code as a result of toxic work environments. Reporting requirements no longer refer to breaches as material or non-material but as serious. There is no definition of serious but the enforcement policy and other guidance give examples of conduct that would be regarded as serious. All solicitors should study the new principles and the Code but they must also look further afield to the enforcement policyiii. The SRA state that this ‘underpins’ the ‘rules’ and will give guidance as to how seriously the SRA will view ‘different behaviours’. Solicitors will be required to understand the enforcement strategy to enable them to make decisions as to how they should act in order to be compliant with the Code. There are currently five guides contained within the enforcement policy: competence and standard of service, criminal offences outside of practice, driving with excess alcohol convictions, use of social media and offensive communications and SRA transparency Rules. In addition, there are a number of other guides the SRA have published or intend to publish to support the new Code and there are other documents such as Warning Notices and other guidance which solicitors should have regard to. Some of these relate to specific areas of practice, such as holiday sickness claims, the conduct of litigation etc others relate to matters such as anti-money laundering and cybercrime. The SRA have set up a web page specifically to assist solicitors in understanding the new Code: Standards and Regulations resourcesiv but as yet not all of the other guidance such as Warning Notices are linked to this page. It would also be prudent for all solicitors to reflect and consider their training requirements in relation to the new Code and to document this in their continuing competence documents. New Practice Models Solicitors are now permitted from date of qualification, to work in unregulated firms offering legal services direct to the public, provided that they do not carry out any reserved work. The firms will not be required to have professional indemnity insurance and their clients will not be able to make claims on the Compensation Fund. However, individual solicitors within such firms will be bound by the new Code.
Freelancers offering reserved activities will not be permitted to have employees, although it is not clear whether those offering unreserved services will be similarly constrained. They will be required to have adequate and appropriate insurance but they will not be able to access Professional Indemnity Insurance on Minimum Terms and Conditions. It had been intended that those practising Immigration Law could do so as a freelance solicitor but a late intervention from the Office of the Immigration Services Commissioner (OISC) has meant that this plan has been suspended until OISC’s concerns are addressed.
Northamptonshire Law Society
Solicitors are now permitted to offer both reserved and unreserved work direct to the public outside of a regulated structure. Such solicitors will be known as freelancers. This should not be confused with locums who work within regulated entities but on a temporary basis. Freelance solicitors must be three years post qualification, if offering reserved work or they can offer unreserved work from qualification. They will not be permitted to operate as freelancers from a limited company as they must retain personal liability. They will not be permitted to hold client money, although for freelancers the definition of client money will not include monies paid on account for costs or disbursements.
alike. Plans will need to be put in place not only to ensure that everyone understands and is compliant with the rules, but that firms are ready to meet the challenge of new competitors and new working practices. Thought will need to be given to interaction with other firms who may work to different standards and drivers; and who may not have professional indemnity insurance, particularly in non-contentious work. Seasons greetings to you all!
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
Are you sitting comfortably?
Digital Badge It is now a requirement for all regulated firms to display the new digital badge. The SRA have suspended the use of tracking software to allay concerns over potential data protection breaches. Such concerns are not in any event regarded by the SRA as a defence to a failure to display the digital badge. The SRA has a team dedicated to ensuring that this requirement is enforced and they will be spot checking firm’s websites. New standard of proof at the Solicitors Disciplinary Tribunal (SDT) To avoid confusion, the SDT also made the change to its rules to permit cases to be decided on the civil standard ( more likely than not) abolishing the need to meet the criminal standard (beyond reasonable doubt). The current level of successful prosecutions brought by the SRA stands at 98%, it will be interesting to see if more cases are brought to the SDT under the new rules. In conclusion, regulatory change continues to be rapid and to present new challenges to individual solicitors and firms i https://www.sra.org.uk/solicitors/standards-regulations/code-conduct- solicitors ii https://www.sra.org.uk/solicitors/standards-regulations/principles iii https://www.sra.org.uk/sra/strategy-2017-2020/sub-strategies/ sra-enforcement-strategy
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iv https://www.sra.org.uk/solicitors/standards-regulations-resources
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Elder abuse on the rise in care homes
Northamptonshire Law Society
by Sarah Cunliffe
Abuse can occur anywhere and take many forms, especially in the context of care homes. A shocking catalogue of abuse at nursing and care homes, frequently exposed by secret filming showing hundreds of incidents of restraint and dozens of assaults on patients, has featured regularly in the press and on radio and TV. The Care Quality Commission (CQC) has closed residential homes where similar concerns were raised. Many of the systems that could have prevented the abuse of patients in cases such as Winterbourne View clearly failed and other care home scandals continue to surface. The national charity Action on Elder Abuse also maintains that abuse is still occurring and can take a number of forms – physical, mental, sexual, and financial or neglect. The common denominator of many of these appalling cases is that owners and operators of care homes, various health regulators, local authority health services and police all failed to act on increasingly clear and repeated warning signs of abuse by staff. Compelling and consistent evidence that something was seriously amiss at Winterbourne View, for example, was repeatedly ignored or dismissed by the appropriate authorities.
What is elder abuse? In 1993 the charity Action on Elder Abuse established the following definition of elder abuse: ‘A single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.’
Physical abuse This form of abuse or assault is probably the easiest to recognise and it is also the most distressing since few of us would be comfortable with the idea of someone in a position of trust physically assaulting any vulnerable person. Physical abuse is more than slapping, rough handling or hitting and can include the over prescription or inappropriate administration of medication. The Alzheimer’s Society claims that at least 150,000 elderly people are over prescribed or needlessly prescribed anti dementia drugs as a form of ‘chemical cosh’ to keep them docile and compliant.
Signs of physical abuse The signs of physical abuse (bruising for example) are often evident but any unexplained injuries resulting from, allegedly, ‘walking into things’ should always be fully investigated. The older person may tell you that they have been hit, slapped, kicked, or mistreated. Other warning signs to look out for include:
This definition has been adopted by the World Health Organisation, is promoted by the International Network for the Prevention of Elder Abuse, and has been adopted by various countries throughout the World.
• Cuts, lacerations, skin discoloration, black eyes, burns, bone fractures or broken bones
The crucial element of this working definition is the violation of the expectation of trust that the elderly person may reasonably expect of anyone charged with their care – whether that’s a paid staff member or a relative.
• Broken glasses or frames or signs of being restrained
Both older men and women can be at risk of being abused, and this can potentially happen wherever they live. This can include: someone’s own home, in a day centre, in a residential home, in a nursing home or in a hospital. Statistically, the majority of those abused are females over the age of 75. Shockingly, 51% of those who abuse are known to the abused individual, while 34% of abusers are those who provide social care support. The key issue therefore is not about where the elderly person lives – at home or in residential care - but about whether or not the opportunity exists for someone to abuse the relationship of trust that ought to exist in order to exploit or harm them. Many victims suffer in silence because they are afraid, embarrassed or simply lack the capacity to understand what’s happening.
How common is elder abuse? In the year 2017-2018, 394,655 concerns of abuse were raised. Figures for 2018-2019 are awaited. However, the number of calls received by Action on Elder Abuse’s helpline from 1st May 2018 - 1st May 2019 was 8,530, a 4% increase on the previous year. 8
Types of abuse
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• Injuries that appear untreated • Soiled clothing or bedclothes • Inappropriate use of medication - overdosing or under-dosing Bed sores Bed sores or pressure sores are an obvious sign of inadequate care and can potentially be fatal. Nationally, treatment of the distressing effects of bed sores costs £1.4 billion a year but if not recognised and treated soon enough, pressure sores can predispose a patient to a fatal infection. Indeed, according to health authorities in the UK and USA, bed sores are the second most common ‘unexpected reason for death caused by medical treatment’ just behind adverse drug reactions.
Bed sore/pressure ulcer grading system The more severe the ulcer, the longer it takes to heal and the greater the incidence of complications in more severe cases.
Grade 1 Non-blanchable erythema of intact skin (i.e. a redness of the skin surface that persists even when pressure is applied), discolouration of the skin or warmth such as you’d get with a wound or infection.
Grade 2 Partial skin loss involving epidermis, dermis, or both. The ulcer looks like an abrasion or blister. Surrounding skin may be red or purple.
Grade 3
• Unusual or inappropriate behaviour (sucking, biting, or rocking)
Full skin loss involving damage to or necrosis (tissue death) of subcutaneous tissue.
• Seeming to be extremely withdrawn and non-communicative or non-responsive
Grade 4 Extensive destruction, tissue necrosis or damage to muscle and bone. Difficult to heal and liable to lead to a fatal infection.
Back in the 1950s, a nurse called Doreen Norton demonstrated that the best treatment and prevention of bed sores was removing the pressure by turning the patient every two hours. Norton, who died in 2007, was instrumental in changing nursing practices to effectively treat pressure ulcers which only a few decades ago were a major killer. However, if that’s all it takes - turning a patient or resident every two hours - to prevent bed sores you may well ask why there has been a recent upsurge in cases? In the UK, it is estimated that between 4% and 10% of all hospitalised patients develop at least one pressure ulcer and almost 70% of elderly patients with mobility problems will develop them. There can be no defence against allowing a bed sore of grade 3 or 4 to develop and their existence strongly suggests very poor standards of care. Even with excellent medical and nursing care, bed sores can be hard to prevent, especially among vulnerable patients. But if those same patients or residents are not being cared for as frequently and attentively as they should be (for whatever reason) then developing pressure sores is almost a certainty and that should call for investigation.
The best way to protect a loved one and stop abuse from happening is to tell someone about it. You can get advice and support from a number of organisations including; • Adult Social Services • A GP/Other NHS health provider
Northamptonshire Law Society
Pressure sores or ulcers are much more common among patients who are unable to move because of paralysis, illness or old age and can be caused by friction, temperature or incontinence but are most frequently brought on by unrelieved constant pressure on one part of the body including bony areas, such as the elbows, knees, ankles and sacrum (the triangular bone at the base of the spine between the two hip bones).
What to do if you suspect someone is being abused
• The police • AgeUK • Action on Elder Abuse If your concern or a complaint is about a care home, nursing home or any other social care provider, you should first make that provider aware of your concerns. Most homes will have an established and effective complaints procedure. If you are not happy with their response, you can ask the Parliamentary and Health Service Ombudsman to look into matters or take things further with the appropriate local Social Services department – which will have its own procedure that you’ll then need to follow. Complaints about independent health care services (i.e. those run by private or voluntary organisations) should be addressed to those providing the service in the first instance. The Association of Independent Healthcare Organisations (IAHO) represents many independent providers and has a code of practice for dealing with complaints which its members should follow. Ultimately, the Care Quality Commission (CQC) oversees standards of care delivered by any public sector or private provider Sarah Cunliffe is a Solicitor at Shoosmiths specialising in claims for the elderly and vulnerable.
Mental/Psychological abuse Psychological abuse is the most common type of abuse but it is rare for it happen in isolation and often it accompanies physical or financial abuse. Mental abuse usually involves identifying something - a person or an object - that matters to an older person and then threatening that person or object unless the older person complies with demands. That could include actions such as threatening to restrict or remove access to grandchildren (if someone lives at home) or denying access to family visits (if someone lives in a residential home) or threatening physical injury to a cherished pet or friend. Unscrupulous attorneys will often use psychological pressure to coerce elderly people into changing their Will to their advantage. That’s why, when choosing an attorney, you need to be certain you can trust that individual and put your own long term interests first. With a Health and Welfare Lasting Power of Attorney (LPA) you could, literally, be giving someone the power of life and death. A Property and Financial Affairs LPA will allow your attorney to make decisions about your finances, so it pays to think about what might happen if an attorney is also someone who is in line for an inheritance in your Will. In those circumstances you need to be sure they would be able to put your immediate best interests ahead of their own as an eventual beneficiary.
Signs of psychological abuse Psychological abuse can have a profound impact on someone’s mental health but the most obvious way this form of abuse manifests itself is through changes in behaviour. The abused person may show any or all of the following warning signs: • Hesitation to talk openly • Anger without apparent cause www.northamptonshirelawsociety.co.uk
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Judge Brenda sets an exciting 2020 agenda annual bar and Young Bar Conference 2019 “The Modern Bar: our work and our role” A review by Phillip Taylor MBE It was a quieter affair this year with a different, less rushed format to suit these unpredictable times during an unexpected general election campaign. And the theme was undoubtedly and unashamedly about and starring women in this centenary year. In the morning, the Bar Council produced a “Manifesto For Justice: Urgent Action Required” introduced by the chair of the Bar, Richard Atkins QC, which sets out the views the Bar hopes the politicians which follow- “Fat chance!” some may say, but do read the Bar’s manifesto which illustrates much of what we heard at the two Conferences today.
Brenda is always a treat to listen to for sheer intellect and practicality whether one likes her decisions or not (government please note). Today was no exception and she ended saying “the momentum is with us; the force is with us… People are now recognizing equality issues that were not recognized before”. After 10 years celebrating our UK Supreme Court, the pages are turning more towards gender equality than many of us could have imagined as we passed the exhibition of “women lawyers” down the century but there is more to do.
Richard opened the proceedings to well over 100 attendees with his easy Midlands charm and he thanked Rachel Langdale QC who headed the team organizing the event. There were fewer “break out” sessions (which many were happy about) and the two undoubted stars were Lady Brenda Hale and Lady Justice Kathryn Thirlwall who gave keynote speeches.
We were looking for the “take-away” points from the breakout sessions and they came aplenty in both the criminal/family session and the commercial disputes admirably chaired respectively by Lord Hughes and Mrs Justice Carr.
Brenda Hale needs no introduction to lawyers as she is President of the Supreme Court. A prominent judge who has produced a hit book called “Judge Brenda and the Supreme Court – Equal to Everything” from the Legal Action Group, the work follows Hale’s career and is a brilliant read. The speech was “Here’s to the second century of women lawyers” which captured the struggle woman have faced as we celebrate 100 years of women as Counsel. Today, many will find it amazing to read of the struggle both at the Bar and at the Bench. It was nice to hear a bit of criticism of last year’s speaker, Lord Sumption, who was, shall we say, somewhat dismissive of gender equality amongst the judiciary. Brenda put Jonathan right quickly predicting parity by 2033. Let us hope she’s right, and it’s not 50 years. The proportion of women in the higher courts is somewhat lower, but “it’s obvious that we still have a long way to go with women in the law both in the profession and the judiciary”. As candid as ever, Hale continued that “the reason women are not taking silk is that they are not applying. They are reluctant – or a more worrying reason is that they are not getting the kind of work that will qualify them to apply.” And there lies the same problem for the Young Bar, stoically represented this year by Athena Markides, who battled on whilst suffered from Counsel’s enemy – a hoarse voice! We heard several similar views about quality of work as money was rather off the agenda because of election purdah.
The small number of exhibitors proved an exciting detour during coffee, chatting to the publishers, tunic shirt sellers, and Inner Temple with the squeezy judges (to aid concentration, no other purposes!). For the afternoon session we heard from Lady Justice Kathryn Thirlwall on “Court Reform”. I expected it to be somewhat depressing just after lunch but we had heard mention of the name of controversial Richard Susskind involving his new tome concerning “Online Courts” so the speech and questions from Kathryn offered a very clear picture of the problems she will face in 2020… and she did not stray for one moment into the political arena although tempted by the journalists present (as usual). And from the questioning, we all knew where the problems are- the court estate; lack of repairs; judicial sitting days; and so on. I need not go on. The light-bulb moment for me, towards the end, was echoed by the words of Richard Atkins summing up his year- “the profession remains in good hands”. It does, and with just a bit more political goodwill from a less-Brexity obsessed Commons, 2020 may prove to be a much more optimist year for all parts of our legal profession… And yes, in case you ask, “The Secret Barrister” was there, via skype and a laptop used by his/her best friend who works in a zoo (couldn’t work that one out) and acted as a spokesperson. SB did not disappoint, and neither did any of the speakers who made this a memorable day as we move to the next century of women lawyers. www.northamptonshirelawsociety.co.uk
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by Euan Temple
Euan Temple - Council Member & Past President
With a “no-deal” scenario looking increasingly more likely, what steps should businesses be taking in relation to our data protection compliance regimes to prepare for 31 October this year?
UK to EEA
The data protection framework in the UK post-Brexit
UK to non-EEA
The EU General Data Protection Regulation (the “GDPR”) is the principal piece of data protection legislation across the EU. On exit day, the provisions of the GDPR will be incorporated into UK law by the European Union (Withdrawal) Act 2018 (the “Withdrawal Act”) and the GDPR will therefore remain the core law on data protection in the UK (subject to amendments to make the mechanics of the legislation work in light of the UK’s new status).
Transfers from the UK to non-EEA countries are likely to be subject to similar rules as those in place at present. The UK will recognise existing EU adequacy decisions and standard contractual clauses so it is unlikely that additional steps need to be taken at present, although businesses should keep this under review.
Therefore, there will be no immediate change in respect of the data protection framework in the UK. In essence, postBrexit there will be two versions of the GDPR – the existing EU version and a new UK version.
Cross-border transfers of personal data The GDPR permits a free flow of personal data between EEA member states. Transfers out of the EEA are, however, only permitted in specified circumstances. EEA to UK When the UK ceases to be an EU member state it will become a “third country” for the purposes of the GDPR and this free flow of personal data will therefore no longer be permitted unless one of the specified circumstances applies: • the European Commission has determined that the country to which the personal data is being transferred “ensures an adequate level of protection” (an “adequacy decision”); • prescribed “appropriate safeguards” have been put in place such as standard contractual clauses or binding corporate rules; or
Northamptonshire Law Society
Cross-border transfers of personal data
The UK government has confirmed that transfers from the UK to the EEA will not be restricted and can continue as usual.
UK to U.S.A (under Privacy Shield)In respect of transfers to U.S. organisations under the EU-U.S. Privacy Shield framework, modified arrangements will apply as this is a specific EU/U.S. arrangement. The UK Government has confirmed it is making arrangements for the continued application of Privacy Shield to restricted transfers from the UK to the U.S.A. However, U.S.A organisations participating in the Privacy Shield will need to update their public commitment to comply with the Privacy Shield to expressly state that those commitments apply to transfers of personal data from the UK.
“...The GDPR will therefore remain the core law on data protection in the UK (subject to amendments to make the mechanics of the legislation work in light of the UK’s new status)...”
• a derogation applies such as the individual to whom the personal data relates having given their explicit consent to the transfer (having been informed of the possible risks). The UK government has made it clear that it is aiming for an “adequacy decision” to be made by the European Commission permitting transfers to the UK and that it is ready to begin adequacy assessments. However, the EU’s position is that it cannot start such assessments until the UK is actually a third country. Moreover, adequacy assessments and discussions can take many months even once started. Businesses therefore need to ensure that they have alternative arrangements in place as it is unlikely that the UK will be the subject of an adequacy decision for some time after exit. www.northamptonshirelawsociety.co.uk Untitled-3 1
13 12/03/2018 12:55
Meet your council members Northamptonshire Law Society
by Sarah Franklin
As one of your newer co-opted Council members, I’ve been asked to tell you a little about myself!
I started working as a Trainee Legal Executive in a Solicitors firm almost 30 years ago, after finishing my A Levels at Montsaye in Rothwell. I continued to work full time at Solicitors and went on to do all of my studying part time, firstly the Legal Executive Course, then a part time Law Degree and the LPC at De Montfort University. I qualified as a Solicitor in 1998.
mainly family, matrimonial, children, wills and probate. However, I have a slightly unusual specialism – motorsport law!
I have worked in various firms throughout my working life, both small and large and have dealt with pretty much every area of law you could think of from family, wills & probate, personal injury, employment to criminal law. I also did a stint as a part time lecturer on Tort and Criminal Law for De Montfort University and ILEX.
I am also on the committee of the British Women Racing Drivers Club, a Brand Ambassador for the British Motorsport Marshals Club and Vice Chair of the Kettering Town Centre Partnership.
I started my own legal practice in 2007, initially taking over a retiring sole practitioners firm in Melton Mowbray, before then taking over the firm I had previously been employed in a year later. My head office is now on Market Street, Kettering with a satellite office in the PERA centre in Melton Mowbray. The firm has become very much more family based, dealing with
I began racing cars in 2004 and became known in the motorsport community as being a lawyer. About 4 years ago, I was asked to be a consultant to the governing body of motorsport (the MSA) to deal with all of their National Court work. After dealing with this for a few years, I started ‘Motorsport Legal’, the specialist department of Sarah Franklin Solicitors that deals with pretty much anything to do with motorsports , mainly for teams and competitors, be that National Court work, Formula 1 transport agreements, disputes, contracts etc.
Away from work, I am still racing, most recently in the Michelin Clio Cup. I also dabble in a bit of archery! Most importantly, though, I am a mummy to Milo, a miniature Dachshund who is our office dog and mascot! I am thrilled to have been co-opted onto the Council of the Northamptonshire Law Society and look forward to working with Sharine (who I actually used to work with in years gone by) and the rest of the team.
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Northamptonshire Law Society
Northampton Legal Walk by Katie Lockhart
On the last day of September, fifty or so intrepid members of the legal profession from in and about the county stepped out and into the rain on the Northampton Legal Walk in support of free legal advice charities. The Midlands Legal Support Trust which arranges the Walk is a grant making charity formed in 2010 to distribute funds to organisations that help to facilitate access to justice for the poorest, most vulnerable and most disadvantaged members of society. The problem areas needing such support include homelessness, debt, employment, family issues, mental health and discrimination. The Legal Walks that take place in a number of towns and cities up and down the country with the encouragement of the Access to Justice Foundation and senior Judiciary have become a valuable way in which the profession can both raise the profile of the ‘access to justice’ agenda and raise funds for community legal advice services. After just a few short years, the Northampton Walk has become an established and well supported occasion in the town’s calendar of community events. This year was no different, with members of the judiciary, the magistracy, the Bar, the NLS President, local law firms, the University and various other legal agencies joining in.
Led by the High Sheriff, Mr Nicholas Robertson DL and Hewitsons partner and county Under Sheriff Dominic Hopkins DL, the Walk took participants on a 10km route from the Courts on Lady’s Lane, along the Waterside (with its new University campus) and out to Sixfields before returning everyone for well-earned refreshments at Elgin House, Hewitsons’ office on the Billing Road. Dominic, commented: “Enormous thanks go to everyone who joined the 2019 Walk and for all the funds raised by the occasion for MLST. Without public funding the most vulnerable in society have little or no access to the justice system and key services that they need. Being able to support organisations who can help in filling the gap is absolutely vital and it was so encouraging to see the level of support for that purpose from all parts of the profession in Northamptonshire and from the community at large.” He added: “The spirits of those who walked the Walk were completely undimmed by the inclement conditions. It was by far our wettest Walk, but that did not seem to matter. It brought everyone together. It would be wonderful if we can build on the occasion next year and see lots more people getting out there for the most disadvantaged in our communities”. www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
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06/09/2019 12:26
by Chris Loaring
Northamptonshire Law Society
Brownfield property developments: what should conveyancers consider?
Chris Loaring, Managing Director, Landmark Information (Legal
As the sustainability agenda becomes more deep-rooted in our political, regulatory, social and environmental consciousness, brownfield land development continues to take a more prominent role in the UK’s redevelopment plans. With the Housing Minister recently welcoming more brownfield land development as a way of meeting the Government’s housing pledge, the opportunity is huge if the estimates published by the Campaign to Protect Rural England (CPRE) are taken into account. It has been suggested that more than 1.8 million new homes are viable on approximately 35,000 hectares of brownfield land across England and Wales. Two-thirds of these homes are considered deliverable within five years. Given the Government’s commitment to deliver 300,000 new homes per year, and the challenges identified in doing so raised by the Letwin Review of 2018, it appears that brownfield redevelopment is here to stay – this is of course good news for the nation’s greenbelt. With all the positive associations around brownfield redevelopment, it is often overlooked that there are inherent risks, which need careful and well considered management. The regulatory and health risks associated with contaminated land are a critical consideration for any brownfield project of the future, and also for those existing residential properties that find themselves located on land associated with our vast industrial heritage. Some of the largest and most recent brownfield redevelopment projects attest to the magnitude of these risks, with the Avenue Coking Works in Chesterfield providing a compelling example. This facility operated from the 1950s to the early 1990s, producing at its peak three million pounds of coke and 27 million cubic feet of gas per day. This benefited the economy, however the impact on the underlying ground was a legacy of contamination. Remediation and clean up began in the late 1990s and is estimated to have cost Homes England £179m to complete the work. To look at this another way, that equates to around £366,000 per property for a 489-home scheme. The current UK planning and regulatory regime underlying the redevelopment market ensures that, in most cases, these risks are captured, quantified and resolved on residential developments now and into the future. Parts of the existing UK housing stock could however be unknowingly subject to similar risks. For example, properties built before 1990, when the enactment of Part 2A of the Environmental Protection Act 1990 and the Town and Country Planning Act 1990 came into force, wouldn’t have been subject to such stringent and comprehensive checks.
This is where legal due diligence comes into its own for anyone buying a new property. Home-owners are protected from risks associated with contaminated land as part of the legal process that supports property transactions. Conveyancers are able to access a multitude of reports that provide the insights, guidance and analysis required on any potential risks related to land contamination, along with many other potential environmental hazards. However for properties built prior to 1990, there is no guarantee that any residual or unknown risk won’t result in exposure to significant remediation costs, should the Local Authority decide to take regulatory action as part of its jurisdiction, under Part 2A. Such cases are complex and, while they are reducing in quantity, the risk always remains. That is why Landmark has taken the step to increase remediation contributions in support of its entire suite of residential environmental reports. For example, the upgraded Contaminated Land remediation contributions for RiskView Residential reports have increased from £100,000 to £250,000. In doing so, those who access the reports as part of the conveyancing process benefit from increased peace of mind that, in the event of a large remediation claim, a method of recourse is available.
“...The regulatory and health risks associated with contaminated land are a critical consideration for any brownfield project of the future, and also for those existing residential properties that find themselves located on land associated with our vast industrial heritage...” For people embarking on the purchase of a new property, the last thing on their mind will be whether the location was once home to an industrial or brownfield past, and any related-ramifications that could be an issue in the future. For property lawyers and conveyancers, if we can demonstrate that not only has due diligence taken place upfront, but an insurance policy is in place to provide additional peace of mind relating to future remediation claims, it can only be a good thing for everyone involved.
www.landmark.co.uk
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
NHSX and Amazon Alexa ‘medical device’
by Euan Temple
The BBC recently reported that individuals will now be able to access expert health advice through Amazon Alexa so-called ‘medical devices’, under a partnership with the NHS.
Under the partnership, Amazon’s algorithm uses information from the NHS website to provide answers to questions such as, “How do I treat a migraine?” and, “What are the symptoms of chickenpox?” The government hopes that this plan will reduce the demand on the NHS and it is thought that further talks are underway with other companies, such as Microsoft, to set up similar arrangements. A release the on Gov.UK website states that the technology will help patients, especially the elderly, blind and those who cannot access the internet through traditional means, to get professional, NHS-verified health information in seconds, through simple voice commands. Secretary of State for Health and Social Care, Matt Hancock, said that the aim is to “empower every patient to take better control of their healthcare,” and that “technology like this is a great example of how people can access reliable, worldleading NHS advice from the comfort of their home, reducing the pressure on our hardworking GPs and pharmacists. Through the NHS Long Term Plan, we want to embrace the advances in technology to build a health and care system that is fit for the future and NHSX will drive this revolution to bring the benefits to every patient, clinician and carer.”
NHSX is a unit set up to boost the use of digital technologies in the health service. www.nhsx.nhs.uk Its Chief Executive, Matthew Gould, said: “The public need to be able to get reliable information about their health easily and in ways they actually use. By working closely with Amazon and other tech companies, big and small, we can ensure that the millions of users looking for health information every day can get simple, validated advice at the touch of a button or voice command. Part of our mission at NHSX is to give citizens the tools to access services and information directly, and partnerships such as this are an important part of achieving this.”
“...The public need to be able to get reliable information about their health easily and in ways they actually use...” 18
Euan Temple - Council Member & Past President
While this plan clearly has potential benefits, several concerns have been raised. The makers of the medical device are not intending for it to be able to give a diagnosis.
However, how will the general public know the difference? Some have asked whether the NHS-Alexa partnership will allow unregulated Amazon to gather yet more sensitive data on patients. One major issue with health information technologies such as the NHS-Alexa partnership is that they are not yet regulated; so people with serious health concerns turning to them for advice, is inadvisable. This plan for the NHS-Alexa partnership is still in its early stages, with no evidence yet of the benefit. And if things did go wrong, who would ultimately be responsible for this and the safety of patients? Where is the liability?
FINGERPRINT ANALYSIS Peter M Swann FAE FFS MCSFS Independent Consultant to the Legal Profession Established 1987
A FORMER HOME OFFICE ADVISER WITH CONSIDERABLE EXPERIENCE IN ALL ASPECTS OF FINGERPRINT WORK An Accredited Expert and Fellow of the Academy of Experts, a Fellow of the Fingerprint Society, A Member of the International Association for Identification and Member of its European Division, a Member of the Chartered Society of Forensic Sciences and listed in the UK Register of Expert Witnesses. The Consultant now provides a full independent fingerprint service to the legal profession, industry and other agencies.
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Peter Swann Fingerprint Analysis 2019.indd 1
22/11/2018 11:59
Northamptonshire NorthamptonshireLaw LawSociety Society Annual AnnualAwards AwardsDinner Dinner
Drinks Reception to begin at 7:30pm Drinks Reception to begin at 7:30pm Dinner Served 8:00 pmpm Dinner Served 8:00 Casino event to follow Casino event to follow Carriages: 1:00 amam Carriages: 1:00 Dress Code: Black Tie/Cocktail Dress Dress Code: Black Tie/Cocktail Dress Costs: Costs: Individual Tickets £48.00 perper person Individual Tickets £48.00 person Book a Table of 10 for for £450.00 Book a Table of 10 £450.00 Early BirdBird Discount before 29th February 2020 Early Discount before 29th February 2020 Individual Tickets £45.00 perper person Individual Tickets £45.00 person Book a Table of 10 for for £420.00 Book a Table of 10 £420.00 All booking enquiries by email please to philsmithdw@aol.com All booking enquiries by email please to philsmithdw@aol.com FullFull details of the Award categories andand how to nominate willwill be be details of the Award categories how to nominate sent to all via via email shortly, or you cancan mailmail Carolyn Coles sent to members all members email shortly, or you Carolyn Coles Carolyn Coles (sec.nls.outlook.co.uk) for for details Carolyn Coles (sec.nls.outlook.co.uk) details Thank youyou to our Patrons: Thank to our Patrons: TheThe University of Northampton, QPIQPI Legal Ltd., University of Northampton, Legal Ltd., Hawsons Chartered Accountants, Landmark Information Group Hawsons Chartered Accountants, Landmark Information Group
!!!"#$%&'()*&$#+',%-.(!+$/,-&0"/$"12 3333333333 45 19 www.northamptonshirelawsociety.co.uk
Northamptonshire Law Society
The President invites youyou to to attend thethe annual awards dinner The President invites attend annual awards dinner and casino night! and casino night!
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TheThe Marriott Hotel, Eagle Drive, Northampton, NN4 7HW Marriott Hotel, Eagle Drive, Northampton, NN4 7HW Friday 15th MayMay 2020 Friday 15th 2020
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How digitisation is changing the future of home-buying. By Jonny Davey, Product Manager at Geodesys
Data in the 21st century has been described as the oil of the 18th century – an incredibly valuable resource with potential for immense rewards for those who learn how to extract and use it 1. Living in a connected, digital economy means that we are increasingly reliant on data in order to function and evolve, so businesses and consumers alike have a part to play in shaping the role of digital information in our society. The commercial value of data has already been recognised by the automotive industry, where mobile phone signals and GPS positioning have been used to reveal important information about driver behaviours. Monitoring of parking locations, destinations, mileage and speed, even the frequency of sudden braking feeds huge back-end systems that collate that data and package it to be resold. While that data can ostensibly help by keeping costs down for careful drivers, it remains to be seen whether it’s good news for all from a financial perspective. Where it should benefit everyone is in speeding up the insurance claims process for those involved in a road incident. Similarly, house-buying is ripe with data and there is always appetite to streamline the process. Current estimates indicate that half of all UK house sales fall through before completion2, so there is a clear need to improve the home-buying process and make the data that we have work for rather than against us.
control zone conditions or light obstruction notice conditions taking weeks if not months to be returned. It has therefore been prioritised for digitisation with a pilot scheme being launched across five Local Authorities as a first wave in 2018. The plan is that this will be rolled out across all Local Authorities in time. The digital Local Land Charges Registry scheme aims to provide 24/7 access to data, which is free to view or access for reference. As with the automotive industry, there is scope for monetisation, such as the £15 fee already in place for official copies that can be saved, printed, and re-run for six months, a service that is particularly useful when checking whether any information has changed following a delayed or drawn-out transaction. The scheme has been universally acclaimed by those that are already participating and is due to roll out across a further 18 Local Authorities over the next 18 months. It’s hoped that all 326 Local Authorities within England will be offering digital LLC within 5 - 7 years. The Land Registry’s initiative is a great showcase for the power of data and how it can be used to streamline processes, so how can we expand this across other areas of the market?
Information collected along the way includes personal data about buyers and sellers as well as surveyor reports, significant property improvements and environmental data. While these records are useful, managing the sheer volume of repetitive data associated with the house-buying process is often cited as a major cause of delay in transactions going through and even leading to ultimate failure.
Could we imagine a future when holders of flood data, contaminated land data, or drainage and water information make these details accessible through an online portal, attributed to every registered address and summarised instantly for potential buyers (and their legal representatives) at the touch of a button and for a set fee?
Stakeholders from all quarters are keen to improve the process, and HM Land Registry is leading the charge with a wholesale review launched in 2017 to make home-buying simpler, faster and cheaper.
In other words, each property would come complete with its own set of data at the point of being offered for sale. Sound familiar? It’s not entirely different to the abandoned Home Information Packs of the mid-noughties, in fact. With the advances in digital technology and data management since then, perhaps it’s time to revisit the concept.
Local Authority data is often considered as one of the most troublesome areas, with searches into planning permissions, conservation areas, TPOs, smoke
1 https://www.wired.com/insights/2014/07/data-new-oil-digital-economy/ 2 https://www.estateagenttoday.co.uk/breaking-news/2019/1/shock-fall-through-figures-show-almost-50-of-sales-collapsing
Northamptonshire Law Society
Northamptonshire Law Society Legal Awards 2020 Nominations Now Open Firms and individuals from the Northamptonshire legal sector are invited to nominate themselves or colleagues in one of the 4 categories (see below for details). So if you work with a talented rising star or an inspirational leader or you consider your firm to be the best to work for then please let us know. The nominations will be judged by an experienced panel of judges, comprising of leading figures from law, business and academia, with the winners being announced on Friday 15th May 2020 at the Northampton Marriot Hotel.
Firm of the Year Young Lawyer of the Year (Less than 5 years PQE / Trainee)
Solicitor of the Year (More than 5 years PQE)
Community Person of the Year (Open to all in legal practice, including support staff, to recognise involvement in community projects and pro bono work)
How to nominate:
Anyone can nominate, you need not be a solicitor, and you can self nominate. Please complete the entry clearly and concisely and include your name and organisation. Provide evidence against the judging criteria considering reputation, experience, acumen, professionalism, commitment and anything else that you feel is particularly relevant. Supporting information e.g. client testimonials may be scanned and attached to your nomination. If nominated by a third person, nominees may be contacted and asked to supply further information to support their nomination. We may contact you for further details if required. All entries must be submitted by email to Carolyn Coles, Society Manager at sec.nls@outlook.com by 29th February 2020. Please contact Carolyn directly for nomination forms and judging criteria. 22
A shortlist will be drawn up for each category and published prior to the Awards Dinner. Good luck!
www.northamptonshirelawsociety.co.uk
Fast and furious and all in aid of charity. Organised by the Rotary Club of Nene Valley this team challenge is supporting Alzheimers, South Northants Community Responders and other Rotary projects. 10 teams in 10 heats will compete on Tuesday and Wednesday evenings from January to April 2020 for a place in the Grand Final at the Northampton Teamworks indoor karting venue. Any company, organisation or group of friends can enter a team of five people in a 2 hour endurance race.
For further details or to enter a team contact : rokart@rotarynenevalley.org.uk or n.hufton@btinternet.com. Are you fast enough to beat reigning champions Team Butter?
Northamptonshire Law Society
When it comes to supporting the rule of law… EXPERTS MATTER …
As Lord Neuberger delivers the keynote address at the annual conference of the Expert Witness Institute in October 2019 Elizabeth Robson Taylor of Richmond Green Chambers went along to observe... Looking back on autumn, lawyers will recall that it isn’t just a season of mists and mellow fruitfulness (although most do enjoy these). With predictable regularity, the falling leaves of autumn not only herald in the new legal year, they also create a really quite inspiring backdrop for fruitful new opportunities to meet, greet, network, contemplate and confer. Yes, the season of conferences kicks off in autumn, usually commencing — as far as the legal profession is concerned — with the annual conference of the Expert Witness Institute at Church House, Westminster — an event of particular interest to lawyers. The testimony of the highly qualified, rigorously trained expert witness can be crucial in court across a range of cases and circumstances, as Lord Neuberger emphasized in his keynote address — and it is the primary aim of the EWI to foster and nurture this role. As EWI Chair, Martin Spencer has insisted — ‘it has never been more important to have a credible voice for expert witnesses highlighting the critical role they play in our justice system.’
If anything, the Conference held up a mirror to the uncertainties of 2019, with its stated theme expressed as: ‘Nothing stays the same; is everything changing?’ Well, yes, actually — the implication being that as moving with the times is an imperative, mental agility and a willingness to adapt to change are what you need in any profession when ‘nothing stays the same.’ As Conference Chair and EWI Governor Amanda Stevens reminded the delegates in her opening address, ‘change is the only constant.’ At the same time, impartiality on the part of the expert witness is also key, a point emphasized by Lord Neuberger, retired President of the Supreme Court. ‘Experts,’ he said, occupied a ‘very difficult position’ in balancing their duty to the paying party with their duty to the court. While conceding that there is ‘no perfect answer’ here, he pointed out the necessity for everyone to bear in mind their responsibilities.
The judge needs help ‘When it comes to expert witnesses,’ Neuberger said, ‘the whole point is that the judge needs help, because he or she does not know about the topic. It is almost more dangerous for a judge trying a case when they know about the topic than when they don’t.’ Neuberger then addressed a number of other topical issues, covering a number of key points. He referred, for example, to the then recent historic decision of the Supreme Court that Parliament could not be prorogued. Also, under scrutiny in his speech were the differences between ‘negligence’ ‘recklessness’ and ‘dishonesty.’ Primarily, ‘negligence’ stems from carelessness. ‘Recklessness’ means you don’t care whether you’re wrong or not, ‘Dishonesty? Basically, a
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In all, however, Spencer’s speech was very much on the same or similar page as Lord Neuberger’s. Focusing on the changing context for expert witnesses, he stressed that the ‘critical role the expert witness plays in the justice system necessitates their compliance with the relevant legislation and regulations.’
Other issues, such as over-long documentation and contingency fees were also brought up. The former is disapproved of due to time constraints and the destruction of paper. The latter ‘make judges uneasy’ in view of the expert’s obvious financial incentives. ‘If you are charging on this basis, make sure the court knows,’ is Lord Neuberger’s advice.
Northamptonshire Law Society
deliberate lie when the liar who’s lying knows he’s lying but lies anyway. The Attorney General’s advice relating to the above-mentioned case was therefore not ‘negligent’, merely ‘wrong’. (A controversial view if there ever was one). Referring to a specific case, Neuberger stressed the importance judges assign to honesty, warning that in the event of dishonesty, ‘the law will come down on your head.’
Quite rightly he has taken the view that experts appointed by instructing parties have the qualifications they say they have. A leading clinical negligence barrister from Hailsham Chambers, Spencer had some pithy things to say about experts who may be experts in their own area, but not expert in understanding their duty to the Courts. ‘The time has come,’ Spencer insisted, ‘when experts are accepted only when their credentials as experts are verified.’ Discussions and speakers Following a subsequent panel discussion chaired by barrister and professor of law science, Penny Cooper in which Martin Spencer participated, the conference featured a range of topics presented by distinguished speaker after distinguished speaker. ‘I have no doubt,’ said Martin Spencer in his welcome note to the delegates, ‘that you will leave here at the end of the day a better and in particular, a more confident expert’. It is unlikely that any delegate would have disagreed with that.
Generally, the relentlessly increasing pressures on time and costs, is exacerbated by what Lord Neuberger termed the ‘tsunami of documentation’ a problem which might, he added, be dealt with in the future by AI — Artificial Intelligence.
Losing our jobs to robots? Obviously, there are ‘no magic answers’ to this question as, like Brexit. and its long-term effects, so much is unknowable. So, the image of a row of robots perching in a future Supreme Court is definitely in the realm of fantasy. In the here and now, however, the future of the EWI hinges on training. Many useful courses are available for EWI members and certainly training is one of the benefits of EWI membership. Experts may be expert in their own respective fields (from architecture and accountancy to a range of medical specialisms), but all need further instruction on such matters as court procedure and writing expert reports. Also useful are the opportunities for networking that conferences provide. ‘People who don’t come to these conferences,’ observed Lord Neuberger, ‘are the very people who should.’
‘Boris the Spider’ … and the Lady and the Brooch Certainly, if you were one of those experts who for whatever reason, had decided not to attend the Conference you’d have missed having a laugh at. Martin Spencer’s reference — in his Chair’s address to the delegates — to Lady Hale’s now famous sparkling arachnid brooch which sparked no small amount of comment. Could this item of jewellery have been an oblique reference to the classic ‘Who’ song, ‘Boris the Spider?’ (‘Look who’s crawling up my wall’ etc, etc.) Considering that anything to do with Brexit has been monumentally somber and serious, this bit of lightheartedness was to be welcomed.
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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
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27/11/2019 10:00
M W MCLAIN MD., FRCS. MEDICAL EXPERT IN ACCIDENT & ORTHOPAEDIC SURGERY 12 New Street, Oundle, Cambridgeshire, PE8 4EA Ramzi Freij FCEM FRCS MB BS
I have been a Consultant in Accident & Emergency Medicine since 1996. I established my medico-legal practice the following year, and combine this with my NHS work at Nottingham University Hospitals NHS Trust, one of Europe’s busiest A&E departments.
12 Red House Square Duncan Close Northampton Northamptonshire NN3 6WL
I am always willing to discuss cases with solicitors who wish to instruct medical experts direct.
• Medico-legal • Personal Injury
•
Tel: 01604 646412 Fax: 01604 646413 E: mauricemclain@btconnect.com
26 McLain.indd 1
• Clinical Negligence • Coroner’s Inquests
GMC Registration no: 3143148 Medco Registration no: DME 3143
07715 370841 anna@ramzifreij.com
www.ramzifreij.com
www.northamptonshirelawsociety.co.uk 20/11/2019 15:31
by David Chinery, Recorder and former District Judge (Magistrates’ Court)
When I was asked to write an article for the magazine by the President it was an invitation I felt unable to refuse. The title troubled me, however, as in my experience no two judges have a similar day and depending upon which jurisdiction and level of judiciary the changes vary even more. Accordingly, I have decided to stick to what I know. First I should introduce myself as I suspect that anyone under the age of 50 in practice in the County probably won’t know me.
Larger courts will list the remand prisoners in one (or more) courts and sentencing cases in another and trials in another. Smaller courts may mix all three into one composite list. Some courts will list a “short trials” court which typically might contain up to six short trials in a day. Because the DJ(MC) is the sole arbiter of both fact and law it is unusual for them to sit with a legally qualified clerk, although there will usually be a court associate to deal with the administrative work of the court.
I started work in the criminal justice system in 1969 (50 years!!) as a trainee legal adviser in the Magistrates’ Court, initially in North Hertfordshire and then in Northampton. I then spent 19 years in private practice in Northampton, initially as a partner with Borneo Martell and Partners (as they then were) and subsequently on my own account. In 1993 I was appointed as a deputy Stipendiary Magistrate sitting in Nottingham, Doncaster and Birmingham. In 1998 I was appointed as a full-time Stipendiary for the West Midlands Commission area based in Birmingham. In 2000 the title was converted to District Judge (Magistrates’ Court) to distinguish them from the District Judges who sat in the County Court dealing with (mainly) civil and family matters. In 2002 I was appointed a recorder sitting in both crime and family jurisdictions. I was a council member of the Northamptonshire Law Society for many years and President in 1995.
If there is such a thing as a typical list a remand court would consist of between 15 and 20 remand prisoners in a court session (half day). These might consist of persons arrested and put before the court for the first time involving an application for a remand in custody and an application by the defence for bail. The court will want to take a plea (where appropriate) or send the case to the Crown Court if it is indictable only. If the plea is “guilty” the court will want to sentence if possible or adjourn for a report from the probation service. If the plea is “not guilty” the court will want to case manage it by identifying the issues, ascertaining which witnesses are required and timetabling the case through to trial. Unlike the Crown Court there is no requirement to file a defence statement, although that is an option for the defence.
There are between 140 and 150 full-time DJ(MC)s in England and Wales and depending where the judge is sitting the work will vary tremendously. The jurisdiction is wide and varied and although a DJ(MC) has the same powers as two lay justices sitting together the DJ(MC) has a jurisdiction in excess of the Justices. On appointment the DJ(MC) will sit only in adult criminal work. When I was appointed to Birmingham in 1998 it was the biggest Magistrates’ Court in the Country with a capacity to sit 30 courts per day. Unlike the civil District Judges the DJ(MC) will rarely have papers to read beforehand and often the first that one knew about the case was when the defendant appeared in the dock and the charge was put to him. Latterly that has changed with the digitalisationdigitilisation of the court process it is possible to access the court list and details in advance of the hearing.
All judges at whatever level have to be “authorised” or “ticketed” to deal with other types of case. Following appointment as a DJ(MC) there will be a requirement to attend appropriate courses to be authorised to sit in the youth court and the family court. Since the decision in R.(H.A.and O.) v Southampton Youth Court [2005] 2 Cr.App.R.(S) there is a presumption that all but the most serious cases involving youths will be tried in the youth court. A number of DJ(MC)s have since been authorised to try rape and serious sex cases in the youth court. The training course is the same as that for recorders and circuit judges. The family work involves both private law (excluding divorce but including applications for non-molestation orders and occupation orders) as well as adoption orders and public law work involving applications by local authorities for care and placement orders.
day with a couple of remand applications, some sentencing, a short trial and in the afternoon an application for an interim care order. There is no set pattern and certainly no typical day, and maybe it is the variety which is the attraction of the post. I have already mentioned the adult crime, the youth crime and the family work but DJ(MC) s have other jurisdictions as well. Twentyfive DJ(MC)s are authorised to hear cases involving extradition. These are routinely held at Westminster Magistrates’ Court where typically there will be four courts sitting every day to deal with applications for extradition. Most DJ(MC)s will be authorised to sit on prison adjudications, attending at a prison to hear a list of cases where prisoners have brokenhave broken prison rules and have to be sentenced. Historically this was done by the prison governor but following a decision of the European Court this now has to be done by a qualified judge. A limited number of DJ(MC)s have been authorised by the Lord Chief Justice to deal with terrorist offences which will involve hearing applications for arrest warrants and dealing with suspected terrorists brought before the court, invariably sending them to the Crown Court. Only a small number have the security clearance and have been authorised. Similarly a small number of DJ(MC)s have been authorised to imposed unlimited fines, usually but not exclusivleyexclusively in cases involving prosecutions under the Health and safety legislation. The Magistrates’ Court also has an appellate jurisdiction, so, for example, a taxi driver who has hade his/her licence revoked or suspended by the ccouncilcouncil may appeal that decision to the Magistrates’ Court; a person who has failed his/her driving test may appeal to the Magistrates’ Court who may be asked to determine whether the test was properly conducted in accordance with the regulations. The list is not extensive but is varied. I hope that gives a brief insight into the working day of a DJ(MC) where no two days will be the same but every day will be a challenge of some sort.
In a smaller court the DJ(MC) might start the www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
A Day in the Life of a Judge
Northamptonshire Law Society
We promise we’ll never put down a healthy dog.
Please promise to help us with a gift in your Will. Every year, Dogs Trust cares for over 15,000 dogs in our 20 rehoming centres across the UK. We never put down a healthy dog. By leaving a gift in your Will, your love of dogs can live on and help us make the world a better place for them. For more information email:
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GOVERNMENT U-TURN ON PROBATE FEES WELCOMED BY CHARITY BODIES by Rob Cope
MONDAY 14 OCTOBER 2019, LONDON: After lobbying Government to abandon plans for a new probate fee regime that could threaten legacy giving, Remember A Charity and the Institute of Fundraising are pleased to welcome this weekend’s announcement that the proposed changes are to be scrapped. Dubbed a ‘stealth tax’, the proposed probate system would have seen thousands of bereaved families a year facing sliding charges of up to £6,000, as opposed to the current flat rate fee of £215. The Ministry of Justice expected to generate around £185 million from the increased fees by 2022-23. However, charity sector bodies had raised concerns with HMCTS and the Ministry of Justice that the planned fee increases could severely disrupt legacy giving; a ‘lifeline’ for charitable causes. Remember A Charity warned that such a hefty price tag for wealthy individuals – many of whom leave sizable gifts to charity – could discourage legacy giving and estate planning altogether. Speaking to The Daily Mail, Justice Secretary Robert Buckland confirmed the new fee structure had been abolished, saying: “I have listened very carefully to the strong views aired on proposed new probate fees. “While fees are necessary to properly fund our world-leading courts system, they must be fair and proportionate. We will withdraw these proposals, and keep the current system while
we take a closer look at these court fees as part of our annual wider review.” Rob Cope, Director of Remember A Charity, says: “We’re hugely relieved to hear that there will be no major increase to probate fees and that that the current structure will be retained, at least for the time-being. Charities large and small rely heavily on gifts in Wills. Worth around £3 billion a year, we simply can’t afford to risk jeopardising such an important income stream or to reverse the trend for growth in legacy giving.” “We’ll continue to work closely with Government to ensure the sector’s views are heard and that the legacy environment is protected. This includes ensuring that concerns about the prolonged delays to probate are addressed and the sector keep informed.”
To find out more or take part in Remember A Charity Week, visit www.rememberacharity.org.uk 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. www.northamptonshirelawsociety.co.uk
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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.
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And Finally…
... here is a round up of the topics, events and news that were not covered in this edition from Carolyn Coles, Society Manager. Thank you! As I come to the end of my first year managing the Northamptonshire Law Society, I would like to take a few minutes to thank each and everyone of you, who have taken to the time to reach out, reply, interact and support myself and the Society.
I look forward to meeting more of our members at the various events we have planned, please keep an eye out for our updates via Twitter and email.
It has been a busy year, and a very steep learning curve, but not wanting to tempt fate, I think I am feeling slightly more at home in the role.
Sec.NLS@outlook.com
In my first year, we have had the annual awards dinner, 8 training events, we have supported the University of Northampton with numerous career days, supported and completed the Legal Walk, entered teams for the Rokart carting event, the Joint quiz evening with the ICAEW and of course continued to field enquiries from the general public.
If you have something you would like me to pass onto the membership, then please drop me a line ; But for now, I would like to wish you and yours a very Merry Christmas, and a Happy Healthy 2020!
Carolyn Coles
Carolyn Coles - Society Manager Email: sec.NLS@outlook.com Office Number: 01604 881154 My mobile: 07543 662572
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
poweredbypie Launches Document Portal to Enable Secure Exchange of Sensitive Client Data 12 September 2019: Search and software provider poweredbypie has announced the launch of Document Portal, a new solution for solicitors to enable the secure electronic exchange of all documentation within the conveyancing process. By removing the need to ‘print and post’, Document Portal offers a simple, secure solution to speedup the exchange of documentation between solicitors and clients. Carole Ankers, chief product & technology officer, poweredbypie explains: “Document Portal is part of our Brighter Law suite of products. For many years, Brighter Law has allowed solicitors to streamline communication online, by managing new client interaction and providing instant quotations with the aim of increasing conversion rates.
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“Following many months of research and development we have taken the time to understand the needs of solicitors and the challenges they face in the conveyancing process,” continues Ankers. “The result of this insight is Document Portal, which allows client documents to be stored, accessed and shared safely online, negating the need for physical copies. It is both simple to use www.northamptonshirelawsociety.co.uk
and set-up and takes care of the technology needed to supply a secure 2 Factor Authentication for electronic document exchange, removing the delays associated with paper-based legal forms and mitigating the risks posed by email communications. “As Cybersecurity continues to be one of the most serious threats facing the legal community, it is essential for firms to take a secure approach to the protection of sensitive client data. According to the SRA Risk Outlook 2018/19, in the first quarter of 2018 over 70% of all cybersecurity reports were directly attributed to email modification fraud, a sophisticated method of interception designed to capture client bank details and personal information. Document Portal removes this risk, providing secure 2 Factor Authentication to store and share legal documents which are accessible only to those with authorised access.” Document Portal now enables law firms to create a document portfolio which includes intuitive, editable forms and digital signature facility provided by the leading eSignature brand DocuSign. Not only does this provide a secure, streamlined environment for client data, it also highlights to the client exactly what
information needs to be filled-in, first time, every time. “ On 4 September 2019 the Law Commission set out a statement to end uncertainty and increase confidence in the use of electronic signatures https://www.lawcom. gov.uk/project/electronicexecution-of-documents/. Commercial and Common Law Commissioner, Stephen Lewis said: “Our report aims to provide an accessible statement of the law which makes it clear that an electronic signature can generally be used in place of a handwritten signature as long as the usual rules on signatures are met.” Carole Ankers continues, “As a technical solutions provider and partner to law firms up and down the country, it’s our job to look at the issues that affect our clients and come up with solutions. We are very excited to launch our secure portal that enables solicitors to exchange sensitive documentation giving the law firm a real point of difference while inspiring confidence and trust.”
For further information please see: www.poweredbypie.co.uk
Northamptonshire Law Society
Why Quill ticks all the boxes Our recently acquired Cyber Essentials accreditation is yet another tick in the growing list of reasons to use Quill’s software and outsourced support. Carrying the National Cyber Security Centre’s seal of approval with Cyber Essentials certification means our infrastructure is recognised as robust and we’re committed to raising the security bar even higher. Clients now have more incentive to choose their trusted full-service supplier. But the rationale for designating Quill preferential provider status doesn’t end there. No other legal sector software and outsourcing house can boast the unique combination of Cyber Essentials endorsement along with:
Continually enhancing software Our Interactive Cloud case management, document management and legal accounts application is subject to an extensive development roadmap which is responsive to end users’ demands and agile enough to flex as marketplace priorities change. Functionality is added constantly and communicated to clients through our monthly e-newsletters. Law firms using Interactive are assured of having the optimum toolkit for complete practice management from accounting and AML checking to matter management and time recording. With an absolute focus on compliance, all new and enhanced features are designed with regulatory guidelines at their core. Essentially, we see our role as software provider to lighten the load where compliance is concerned. We liaise intently with regulators, keep abreast of ever-changing rules and develop our systems accordingly way ahead of deadline.
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Take the refined SRA Accounts Rules 2019. Although the rules themselves are simplified, being less prescriptive actually makes them more open to interpretation with accompanying higher risk of error. And the penalties for mistakes are no less severe than previously. We’ve been introducing important changes to Interactive in line with the new rules, for example warning messages about transferring unbilled disbursements (rule 4.3) and narrative-only transactions (rule 2.2) to record monies paid directly from practice to third parties. www.northamptonshirelawsociety.co.uk
LSSA founder member We’ve been in close alliance with the UK industry body from day one of its formation. We live and breathe its code of conduct, uphold high quality professional standards always and take our accountability to safeguard clients’ best interests extremely seriously. In fact, we assign accountability such gravity that it’s literally in our brand.
Best Companies status If anything demonstrates what a great company Quill is to work for and do business with, it’s Best Companies official recognition. Being a 1-star organisation indicates workplace engagement as an integral component of our success and growth. In other words, we look after our employees and they, in turn, look after our clients. It’s a win-win situation for everyone involved.
Living Wage Employer Having voluntarily signed up to the Living Wage Foundation’s scheme, we promise to calculate salaries for permanent, temporary, apprenticeship and contracted staff on the higher hourly Living Wage rate rather than the lower Minimum Wage. Our responsible leadership stance is a way of actively closing the gap between what people need to earn in order to live in society and the Minimum Wage as defined by government.
ILFM membership By fortifying our partnership with the Institute of Legal Finance & Management, we’ve credited all of our cashiers, support team and trainers with paid-for-by-Quill membership as well as diploma studies for those at the early stage of their career progressing towards recognised legal cashiering qualifications. As the leading education authority and membership body for the sector, the ILFM is perfectly aligned with Quill, being industry specialists too.
Cashiering service provider We’re not exclusively a software house. We have a team of 60 experienced cashiers who offer outsourced legal accounting support in compliance with the stringent SRA Accounts Rules, CLC
By Julian Bryan, Managing Director, Quill
Accounts Code or Scottish Accounts Rules. Clients can choose from Pinpoint – complete with deep integration to Interactive – or Precision – remain using an existing accounts application whilst reaping the benefits of the same rigour and knowledge applied to Pinpoint.
Payroll and typing outsourcing service provider With an extended range of outsourced services in the form of payroll processing and pension management, and typing assistance, there really is no better logic for selecting Quill as the primary supplier for all back-office requirements. The former – outsourced payroll – is delivered by our in-house specialist payroll clerks who are fully conversant in the latest payroll and pension legislation, PAYE, RTI, AE, SSP, SMP, SPP and attachment of earnings amongst them. The latter – outsourced typing – is powered by the renowned Document Direct team, enabling clients to dictate from anywhere and receive expertly typed-up documents within agreed timescales. We’re setting out our stall like this because lawyers are sometimes surprised to learn the full extent of what we do at Quill. The fact of the matter is we’re the oneand-only company who can make bold claims about supplying the complete behind-the-scenes framework to thrive in today’s challenging legal environment. We’re different and proud of it.
Why not take a closer look at our accreditations, awards, portfolio and history? Then get in touch with our friendly team to chat about the best blend of tools to optimise the performance of your practice. 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.
Practice management & accounts software
Outsourced cashiering using Interactive
Outsourced cashiering on any software
Outsourced payroll service
Outsourced bookkeeping service
Outsourced typing service
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