Northamptonshire Law Society Bulletin www.northamptonshirelawsociety.co.uk Spring 2020
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Contents
Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk
5
The President Writes
6
Constituency Council Member’s Report
8
A Visit to Australia
10
Obituary - Sarah Harriet Banner
Published by:
Advertising Simon Castell
Northamptonshire Law Society
Managing Editor Carolyn Coles
Spring 2020
13
The Difficulties of Proprietary Estoppel Claims
Key Account Manager Denise Castell
15
Conveyancing: Are your clients flood aware?
Design East Park Studio
19
Sperm Donor Anonymity - A Distant Memory?
23
Northamptonshire Law Society Annual Awards Dinner
24
Wellbeing and the Sole Practitioner
26
Record Level of Legal Advisers Talk Gifts in Wills With Clients
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And Finally…
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Taking Software Integration From Zero to Hero
Accounts Tony Kay Media No. 1111 Published March 2020 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.
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Northamptonshire Law Society Officers & Council Members 2020 Sharine Burgess
Welcome to this edition of the Bulletin.
Immediate-Past President
As mentioned in the last Bulletin, the NLS Annual Awards Dinner will be held on 15 May 2020 at the Marriott hotel in Northampton. Lots of work is going on behind the scenes to make this a very special night with a few surprises!
Honorary Secretary
The awards showcase the immense talent in our legal community and recognise excellence and outstanding achievement in the following categories:
Deputy President Jabeer Miah Oliver Spicer 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 Lynsey Ward
Co-opted Members: Sarah Franklin Maurice Muchinda
Society Manager Carolyn Coles
Northamptonshire Law Society
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Solicitor of the Year
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Young Lawyer of the Year
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Community person of the Year
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Firm of the Year
A big thank you to all who have submitted nominations and good luck to all those nominated. This year the award for Young Lawyer of the Year will be dedicated to Sarah Banner who sadly died after a long battle with cancer in January this year. Sarah was the youngest ever President of NLS when she took up her tenure in 2012 when she was only 33. During her prestigious career, Sarah worked as a solicitor in the County at Tollers, Howes Percival and Shoosmiths. She was not only a great lawyer and President but a friend to many with an outgoing nature and a desire to help others. She will be sadly missed. The Council thought it would be a fitting tribute if we dedicated the award to Sarah. Sarah’s parents will be attending the dinner and her father Sean will present the award. The evening will be an opportunity for us to collectively remember Sarah and celebrate her life and achievements. Special guest speaker at the dinner this year will be James Wyatt founder of Singing4Breathing. S4B is a singing group for people diagnosed with Chronic Obstructive Pulmonary Disease (COPD) and other respiratory conditions. The group was set up in 2015 in Northampton and now has groups running all over the County. Research has proven that singing can benefit people with respiratory conditions by working the diaphragmatic muscle and therefore helping to improve lung function. Singing is also a good way to practice deep breathing and for people to come together to share their experiences and gain support. S4B is doing fantastic work in our community to not only improve the health of those afflicted by respiratory illnesses but to provide a social support network, to stop isolation and improve well-being. James is a truly inspirational character and it will be great to have his company on the night and to find out a little more about his work.
The Gatehouse,
I am looking forward to seeing as many of you there at what promises to be a fabulous night.
Pitsford
For those who have not yet booked tickets please contact our Society Manager Carolyn Coles at sec.nls@outlook.com
NN6 9NG
Happy reading!
Stable Lane
Northampton Tel: 01604 881154 Email: Sec.nls@outlook.com 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 March 2020 Consultation on changes to the Compensation Fundi -deadline for submission of responses 21 April 2020. On the 21st of January, the Solicitors Regulation Authority (SRA) launched a further consultation on planned reforms to the Compensation Fund. In 2018, the SRA consulted on changes to the Compensation fund and changes to Professional Indemnity Insurance (PII). At the end of 2019, it announced it would abandon its proposals to change PII. Any change to the Compensation Fund has the potential to impact disproportionately on sole practitioners and twopartner firms, who are most vulnerable to concerns that clients may lose money as a result of a lack of insurance or dishonesty. This is not because there is any evidence that there is a greater likelihood of dishonesty by such firms but because it is impossible to insure against your own dishonesty. In a two-partner firm, it may be difficult to persuade insurers that you are not implicated in the dishonesty of your partner. Partners in larger firms can usually rely on their professional indemnity insurance in the event of dishonesty by a fellow partner or employee. ] Confidence in smaller firms could be damaged by any change in the availability of compensation. However, such changes could impact on every solicitor and every firm if the reputation of solicitors were to be tarnished by tales of clients who lost money because the safety net of the Compensation Fund was reduced. The Compensation Fund is a discretionary Fund that will make payments to people who has suffered a financial loss because of the dishonesty, or because the regulated person or entity has failed to account for client money that they received. The Fund can also make payments because a regulated person or entity is unable to make good a loss for which it is liable because they have not taken out insurance. After initially indicating that clients of the new style freelancers (introduced on 25 November 2019) would not have access to the Compensation Fund, the SRA did an about turn after intense lobbying from consumer groups and agreed that such clients would be able to claim, although it has yet to announce what contributions freelancers will make to the fund. Controversially, some years ago the SRA also started to use monies in the Compensation Fund to pay for interventions rather than utilising monies raised by collecting the practising certificate fee. This distorted the cost of the Compensation Fund. In the announcement of a further consultation, the Gazette stated that, ‘the Solicitors Regulation Authority will seek to end multi-million payouts through the compensation fund in 6
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the midst of soaring burdens on the profession to prop it up.’ Predictions about the cost of the Fund in any one year are notoriously difficult to predict. In 2015, the Gazette reported payouts as ‘soaring’ but just one year later, in 2016, it stated that payouts, ‘tumble by almost 25%’. If we look at the cost to the profession, contributions for firms and individuals rise and fall each year depending on predicted claims on the fund. The most expensive year ever was 2018/19 when the firm contribution was £1,680 and £90 per individual although contributions significantly reduced for 2019/20. We are told that the City resent paying for a fund they will never call on but to put it in perspective, the cost for one of the very largest City firms employing say 1,000 solicitors was £91,680 in 2018/19, falling to £61,150 last year- a very modest sum to protect the reputation of the profession at home and abroad? The SRA are revamping the reforms suggested last time and refining others. One of the most controversial was the plan to limit individual claims to £500,000 (currently limited to £2 million) which the SRA in its review of consultation responses accept there was, ‘little support for’. Nonetheless it is again proposing that the limit be introduced. It acknowledges that around 75% of claims are for less than £5,000 but it does not address the potential resulting loss of confidence by the public in small firms and the profession as a whole. The SRA confirms that it also proposes to exclude experts and barristers from claiming monies lost due to dishonesty and extending to others for example, the opposing party in a legal proceeding such as spouses in a divorce matter where the other solicitor is holding and then steals the money set aside for a financial settlement.
The SRA also proposes to cap payments in relation to multiple applications to £5 million to be apportioned between applicants depending on the nature of the issue.
Please contact me with any views you would like me or the Committee to consider when preparing our response.
Junior Lawyers Division event, fire at Chancery Lane I was delighted to attend an event hosted by the Junior Lawyers Division (JLD) on Saturday, the first of February. The new JLD Chair, Charlotte Parkinson set out the new areas of focus for her year: • Access to the profession (particularly the SRA’s proposal for a centralised assessment (SQE)) and social mobility • Access to justice, including court reforms and criminal legal aid • Wellbeing in the profession and raising awareness of bullying and sexual harassment in the workplace • Developing international relationships with other junior lawyer groups
At one point, 150 firefighters were battling the blaze which was not extinguished until the following day. Fortunately, the fire had not reached 113, and thanks to the skill of the firefighters, there had been no smoke or water damage to this area either. 113 was open as usual within days of the fire.
Northamptonshire Law Society
Northamptonshire Law Society will be responding to this consultation, as it did to the last consultation. The impact on individual consumers and small non-law firms could be considerable and on that basis alone, I would urge you to respond. I would also urge you to respond as individuals and as firms, either to explain how you think you or your firm could be affected but also those of you who could explain that it is extremely unlikely that you or your firm would be affected directly but how it may be indirectly affected by damaging the solicitor brand.
Within moments of my stepping into a taxi, headed for Euston station, Chancery Lane was evacuated as fire had broken out in the roof of number 114. 114 is the former bank that has offices for the staff alongside the public areas of the main Law Society building ( 113). 113 houses the library, the Reading Room and other key areas familiar to most members. 114 is currently undergoing substantial renovation. Fortunately, my fellow diners and the catering staff were evacuated safely.
The cause of the fire has yet to be established, but for the avoidance of doubt, my exit moments before the alarm sounded was totally unconnected! Images taken by London Fire Brigade
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
• The impact and development of lawtech. The plans are ambitious but very worthwhile, full details are available on the JLD websiteii. I plan to continue to work with the JLD in respect of regulatory issues that impact on junior lawyers and a further roundtable is planned in the coming months. In keeping with the JLD’s Booze Culture Campaigniii no alcohol was served, but the dinner was no less enjoyable for that.
i https://www.sra.org.uk/sra/consultations/consultation-listing/comp-fund- reform-2020/?s=o ii https://communities.lawsociety.org.uk/jld-update/jld-chairs-update- december-2019/6000648.article iii https://communities.lawsociety.org.uk/junior-lawyers/advice-and-features/ booze-culture-campaign
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Northamptonshire Law Society
A visit to Australia
by Euan Temple
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. In the Southern half of Australia, the summer months (December to February) bring hot weather. Autumn (March to May) is also a lovely time, with numerous festivals and the busy grape harvest. Winter (June to August) is less busy and generally attracts a temperate climate that’s ideal for hiking, while spring (September to November) often sees more wildlife activity. Australia is vast. The flying time from West to East is the same 5 hour time that it takes from London to Moscow. The flying time from North to South is the same 3.5 hour time that it takes from London to Athens. I went in November with a guided tour party, round the coast, with a trip to the centre to see Alice Springs and Ayers Rock. Most of the time the temperature was in the upper 30sC, except for one cool day when it ‘dropped’ to 29C!
jumping off point for other wonderfully scenic visits. Alice Springs, small and a base for seeing Aboriginal rock art. Nearby Ayers Rock changes colours dramatically as the sun sets and as the sun rises, and we saw both. The tour visited the HQ of the Flying Doctor Service. Also the inspiring School of the Air, which is rather like teaching by Skype class, the children staying at home on isolated farms, but participating actively on the internet, in a class structure. Cairns in the North East is enchanting. Also a base for exploring the Great Barrier Reef in glass- bottomed boats or doing own snorkelling. A real favourite.
Perth in the West is a spacious, green, temperate city, in some ways like cities of Southern Europe. Fremantle to the South is a little gem and easily walkable. Access from Perth is down the mighty Swan River, where the river balloons out to a great harbour basin used by the Australian Navy, with a narrow protective entrance to the Ocean at Fremantle. The Old Court House Law Museum is housed in the City of Perth’s oldest building, constructed in 1836, next to the Supreme Court of Western Australia. A ‘must’ for lawyers to visit and the courtroom is identical to many village courtrooms in England from the same period. The Museum’s interpretive displays, Small Court House, Big Stories, and People and The Law, are accompanied by an audio overview and take visitors on a journey through Western Australia’s legal history. One of the exhibits relates to the difficulties encountered in the early 20C by aspiring women lawyers. Darwin in the North West is closest to Asia and was bombed by the Japanese in February 1942, (two months after Pearl Harbour), while Australian troops were away with the British fighting Hitler. Small and a 8
“How much has changed?”
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”Climbing Sydney Harbour Bridge at sunrise” Sydney, a massive cosmopolitan multi-national city. Plenty to see by The Rocks/Circular Quay area and the restaurants area by Darling Harbour. And of course a visit to the Opera House and a boat trip round the Harbour. Canberra, the small national capital and memorable. One highlight was visiting the Parliament and another the National War Memorial. This is Australia’s national memorial to the members of its armed forces and supporting organisations who have died, or participated, in wars involving Australia, and some conflicts involving personnel from the Australian colonies prior to Federation. The Memorial includes an extensive National Military Museum. The Australian War Memorial was opened in 1941, and is widely regarded as one of the most significant memorials of its type in the world. Because Australia’s military expeditions overseas started in the Boer War, two World Wars and later Malaya, Vietnam and Iraq, many of the exhibits in the Museum derive from within living memory. In fact one of the tour party was an ex-army very senior officer who saw moving displays about engagements in Iraq in
which he had been personally involved. He saw records of Australians who he had known well and had died in battle, sometimes in the same engagement as his.
Melbourne, another large multi-national city, plenty to see, and Adelaide, much smaller, more compact and in some ways more digestible for tourists. The South East is also a great wine centre, and we seemed to have frequent wine-tasting visits to vineyards such as “Barossa Valley”, “Wolf Blass” and “Jacobs Creek” “to assist the Australian economy”. We tried to be very helpful!
That may be obvious, but when visiting the Australian Parliament in Canberra, or the Old Treasury Building in Melbourne, the same acknowledgment was given, and on many other sites too. The Aboriginals view colonisation of Australia by Europeans as Invasion. And as the Europeans shot kangaroos for meat, so the locals took the Europeans’ sheep for food, and were tried for theft and sometime executed by the invaders.
Northamptonshire Law Society
At 5pm every day of the year, apart from Christmas Day, there is a Tribute Ceremony outside. Schoolchildren are bussed in, the many visitors stand in side galleries as a different military hero, The closing moments of the Ceremony each day, has a tribute read out by a current serving Officer about him or her in the last battle. His or her descendants are flown in by the Government to attend. Wreaths are laid. The “Last Post” is played, followed by a bagpipe Lament “The Flowers of the Forest”. Emotional moments.
Second, the Aboriginal people who at 450,000 number a tiny percentage of Australia’s 27m population but exert a powerful influence. When visiting famous sites such as the rock art in the North West and at Ayers Rock, the guide always starts off by acknowledgement to “the original custodians of this land, and to the elders, past, present and emerging”.
A view that some Aboriginal people are still living in the Stone Age is still held by some people in Australia today, though vigorously contested by most others. But it is clear that many of the Aboriginal peoples of today perceive Western European values and ways of life as inherently incompatible with their traditional cultures.
A wonderful country.
“Flying in above the bush fires”
Two points first spring to mind that do not form part of the usual tour information. First, the recent bush fires. They were just starting out when we visited and inevitably the locals blamed the Government for the climate change! They have naturally sparked bush fires every year, which regenerates growth in just the same way as we deliberately burn harvest stubble. But a 2-3 year drought meant that everything was overgrown and tinder-dry. December /January is usually the peak thunder and lightning season, and when the lightning sparks hit dry leaves of a tree , it sparks off a small fire. The fire then races from dry treetop to dry treetop, and keeps dropping bits on the ground on the way. In desert parts of Australia, eg in the very dry Northwest, the fires do not cause so much damage because there is relatively little to burn. But in leafy, lush, fertile, green South East (Sydney area) it has caused substantial damage to land, buildings, and wild animals. We did not encounter bush fires but read about them in the papers and saw them on TV. Except in the last day, before flying back to the UK, flying back into Sydney, through a pall of new smoke, we could smell it inside the aircraft cabin!
Australia is vast. The flying time from West to East is the same 5 hour time that it takes from London to Moscow. The flying time from North to South is the same 3.5 hour time that it takes from London to Athens. www.northamptonshirelawsociety.co.uk
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Obituary
Sarah Harriet Banner - 22 July 1979 – 19 January 2020
I first met Sarah in 2007 when, as a newly co-opted Northamptonshire Law Society Council member, I was immediately struck by the confident and engaging Junior Lawyers Division Rep, who was clearly destined for great things. Sarah started her legal career with Tollers in 2003, qualifying in 2007 as a solicitor and then progressing through Solicitor, Associate and Senior Associate private client roles with Howes Percival and then Shoosmiths. A member of STEP and a Fellow of the Agricultural Land Association, Sarah had a life-long love of learning, having read French and German at University of Southampton before taking professional qualifications at Birmingham City University. Sarah served the Northamptonshire legal community well; firstly as Vice President of the Society in 2010/11 and 2011/12 and then as President in 2012/13. It was only Sarah’s move to Roythornes in Spalding as a Partner in their Wealth Protection Team in 2015 which brought her involvement with Council to an end. However, Sarah still kept a keen interest in NLS from the wilds of Lincolnshire and as anyone who ever met her would say, once met never forgotten. Sarah was also an enthusiastic and effective Trustee of Northamptonshire Community Foundation and Lincolnshire Community Foundation. However, Sarah is probably best remembered by her clients for her thoughtful and personal advice which helped many of them through difficult times. This she did quietly with her trademark humour, compassion and humanity. News of Sarah’s untimely and cruel death at the age of 40 from Melanoma on 19th January this year still doesn’t seem real. Naturally, a flood of messages of sympathy have reached Sarah’s beloved husband Alex, all of which I read and in them,
immediately recognised the loving, funny, vivacious force of nature that was Sarah. How can this force of nature no longer be with us? Sarah’s former colleagues will testify that her response to such maudlin thoughts would be characteristically blunt, with demands that each and every one of us celebrate the good and positive things in life (Mood Hoovers not allowed!). Celebrating is something that Sarah continued to do, even through the bad times following her initial diagnosis in 2014 and the rollercoaster of treatment, improvements and setbacks which followed for the following six years. Indeed, in September 2019, Sarah described her latest scan results as being “less than ideal”, but rejoiced in what had been a summer of hope; a new house, a madcap puppy called Sunny and of course the joy she found in having her loving family and friends around her. As we said goodbye to Sarah on 28th February at Peterborough Crematorium, Alex asked that people wear a flash of red, Sarah’s favourite colour and very typically Sarah. Donations can be made to Sue Ryder Thorpe Hall in Peterborough in memory of Sarah and the fantastic care she received from the hospice during her last months and Melanoma UK, a charity which spearheads initiatives designed to benefit and support Melanoma Patients and their families. Rhona Rowland President Northamptonshire Law Society 2010-2012
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The Difficulties of Proprietary Estoppel Claims In certain circumstances, the law will intervene to enforce a promise to receive an interest in land or property made by one person to another. Legally, this claim is known as ‘proprietary estoppel’? Whilst these claims are often difficult to prove and the outcome uncertain, the number of claims made has been on the rise in recent years, with an increasing number of aggrieved claimants taking their case to court. Proprietary estoppel disputes often arise in the farming industry, usually in circumstances where a farmer has promised a family member or employee that they will inherit the farming business in return for providing assistance in running the farm, often for little to no remuneration. In accordance with the law set out in the case of Thorner v Major, a proprietary estoppel claim will be successfully made if it can be proven that: • A promise or assurance was made to acquire a right in land. • There was reliance on the assurance or promise. • That the person relying on the broken promise or assurance suffered (or would suffer) detriment. The overriding consideration of the court is fairness (or unconscionability, as it is often called). As such, even where all of the above elements are established, the court will only order a remedy if it is satisfied that the circumstances of the case make it fair to do so. Furthermore, the successful party is not guaranteed to receive the interest in property or land he or she was promised. The remedy received, whether it be the property, money or something else entirely, will be determined by what the court considers to be fair in the circumstances of the case.
Recent Case Law
Habberfield v Habberfield [2019] F operated a farming business in partnership with his wife, J, which was worth approximately £2.5 million. His daughter, L had worked on the farm for 30 years with a particular focus on dairy farming, which soon became the centre of the business. L worked incredibly long hours for low pay and very few holidays. L alleged that she had continued working at the farm because F had assured her that she would take over the business when he retired. In 2018, L refused an offer to go into partnership with her parents. She left the business in 2013, following a dispute with her sister. F died in 2014, leaving the farm to J, who closed the dairy unit. The High Court found that L had established a claim based on proprietary estoppel, having suffered a detriment in reliance on F’s assurances. Whilst L’s work on the farm over the course of 30 years was a detriment which could not be quantified, the court decided that there was also a quantifiable detriment to L worth £220,000. L’s rejection of the partnership offer did not defeat her claim but was a factor to be taken into account in determining how the equity should be satisfied. L was awarded £1.2 million to acquire a viable dairy unit and associated land. J appealed to the Court of Appeal, but the appeal was dismissed.
Guest v Guest and another [2019] On leaving school in 1982, A worked for at least 60 hours per week at the family farm for a low wage. In 1989, he moved into a cottage on the farm. In 2014, the relationship between A and his parents broke down and in 2015, A left the business and found alternative employment. A’s parents made two new wills before their death, the first
By Mandeep Chima
disinheriting A partially and the second entirely. The court found that A’s claim was established as until 2014, D had consistently led A to believe that he would inherit the farming business. D’s assurances were “clear enough” and sustained over several years. A had reasonably relied on this, to his significant financial detriment. A’s expectations regarding his inheritance had shifted in around 2012 when it became apparent that D also intended to provide for R in the farming business. However, this was not considered fatal to A’s claim. D’s assurances were always to the effect that A would inherit a sufficient stake in Tump farm to enable him to continue farming after his parents’ deaths. Further, although A was in part responsible for the breakdown in his relationship with his parents, this did not diminish the injustice resulting from D disinheriting him. Nor was A’s ability to obtain alternative employment detrimental to his claim. When considering what remedy to award A, the court’s view was that A’s expectations had to be balanced against the detriment to him in relying on D’s promises, and any potential injustice to the parents given their remaining interest in the farm. The court was also keen to ensure a clean break between the parties. A was awarded a lump sum representing 50% of the business and 40% of the farm property. It is understood that this case is currently on appeal.
Moore v Moore and another [2018] EWCA Civ 2669 R ran a family farming business with his brother, G. R’s son, S had worked on the farm since childhood and subsequently became an equity partner. S claimed that from an early age R had
told him more than a dozen times that the farm and the farming assets ‘would be his one day’, and that G had made comments to the same effect.
S pursued a claim based on proprietary estoppel in relation to R’s half share of the farm and the partnership business. The High Court allowed S’s claim and held that S was entitled to R’s interest in the farm, the partnership and the farm assets. The court held that the overarching plan had been that S would inherit the whole farm and business. This was a “clear understanding and intention” and underpinned all the decisions made in relation to the farm, in particular G’s retirement. In an attempt to recreate the arrangements which would have occurred had the dispute never arisen, the High Court ordered that R and his wife could live at the farmhouse as long as they lived, free of charge, and that all
R appealed the High Court’s decision on the basis that an immediate transfer of the farm and assets was beyond what was necessary to satisfy S’s claim. R had clearly intended for his wife, P, to have access to capital and income after his death and inherit the non-farming assets. The Court of Appeal agreed. The Court of Appeal held that the High Court’s decision failed to ensure that R and P had proper provision for the rest of their lives, or that a clean break could be achieved between the parties.
Commentary Claims of this nature could be avoided by succession planning and putting formal written agreements in place with family members and employees so that no party is in doubt as to their respective interests. However, it is evident from the recent case law that the high level of judicial discretion inherent in proprietary estoppel claims is capable of producing variable, and consequently, unpredictable, results.
The Court of Appeal remitted the case for a further hearing on how the equity should be satisfied.
Accordingly, prospective claimants and defendants are strongly advised to seek expert legal advice as soon as a claim is anticipated.
James v James [2018] EWHC 43 (Ch)
About The Author
CJ (deceased) had built up a farming and haulage business, including several parcels of land. His son, S, had worked for the business for several years, living rent-free in a property (Chequers) belonging to CJ. S had become a partner in the business, and when the partnership was dissolved
Northamptonshire Law Society
G later retired and sold his share to S at an undervalue. Thereafter, R took on a reduced role and left S to run the business. Following a breakdown in relations between R and S, R amended his will to prevent S from inheriting the freehold farm property.
of the property’s upkeep and their care needs should be financed by S.
Mandeep Chima is an associate solicitor in Shoosmiths Disputed Wills and Trusts team specialising in these claims. https://www.shoosmiths.co.uk/ expertise/services/other-legalservices/disputed-wills-and-trusts
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www.cotters.co.uk Cotters Insurance Brokers is a trading style of Cotters Insurance Services Limited. Cotters Insurance Services Limited, Registered in England No. 3307999 Authorised and Regulated by the Financial Conduct Authority
Northamptonshire Law Society
Conveyancing: Are your clients flood aware?
by Tony Rollason
Climate change is making a real and current impact; we only have to look at the after effects of the recent Storm Ciara and Dennis, which brought devastation across the country, including Northamptonshire. In the county, we saw a Red flood warning issued on parts of the River Nene, plus many flood alerts issued with main roads made impassable due to the deluge seen by flood waters*1. Initial statistics from insurance firm Aviva have shown that there has been a 285% surge in insurance claims to repair damage caused by the storms*2. Flooding is said to cost the UK approximately £600m a year to manage flood defences alone, without considering the economic and emotional damage caused by flood waters. Due to the increasing concern about flood risk for property owners, the Law Society has recently updated its Flood Risk practice note – the first revision in four years. The practice note provides guidance relating to information sources that better help clients understand the risk that flooding may pose, as well as offer steps that can be taken with regards to insurance and searches. The practice note includes information relating to the types of flood risks that have the potential to affect property owners. For example, a property doesn’t have to be located next to a river for it to be located in a high risk zone. Flooding from surface water or groundwater is increasingly common and something that should always be researched in advance of a house purchase. If flooding is a concern, it is important to investigate whether appropriate insurance cover can be arranged before a property transaction completes, to satisfy the risk criteria of the client’s mortgage lender. On top of this, the Law Society has also published an updated TA6 Property Information Form and guidance notes. In particular, four areas of property information have been updated relating to Flood Risk, as well Japanese Knotweed, Radon and Septic Tanks. The update provides additional information about a property to prospective buyers and is designed to provide greater transparency. Yet, while there is a plethora of guidance and support out there, unfortunately, recent research conducted by YouGov for Landmark Information has shown that the majority of consumers in Great Britain are still not checking the flood risk of their homes, despite the increased incidents of flood events happening across the country. The survey found that 62% of people stated that they have never checked the flood risk level of their home. When looking at governmental regions, the survey found that people in Scotland are the least likely to have carried out any checks with 77% confirming they had never researched their flood risk. This was followed by those in London (71%), 65% of those
Tony Rollason, Regional Manager, Landmark Information (Legal) www.landmark.co.uk
in the North West of England and 63% in Yorkshire and Humber. In the East Midlands, 57% of people said they had never checked their flood risk. The survey also found that just 7% of people in the East Midlands have a flood plan and would know how to put it into action if a flood was to occur. More than a third (34%) admitted that they do not have a flood plan and wouldn’t know what to do if they were to experience a flood, while almost half (47%) said they didn’t have a flood plan, yet felt they would know what to do in the event of a flood. The survey clearly shows that the public is not necessarily making flood checks part of the research they personally conduct when moving into a new home; just over a quarter (26%) of respondents from the East Midlands said they checked the flood risk of their home before moving in, with 13% saying they checked afterwards. The results of the survey show a worrying disconnect. The majority of people across the country – 88% – believe their property is not located in an area considered ‘at risk’ of flooding, yet 62% have never checked whether this is the case or not. According to the Environment Agency, over five million properties are considered to be at risk of flooding – of which 2.4 million properties are at risk from the sea or rivers, and a larger share of 2.8 million properties are at risk of surface water flooding, which isn’t always visibly apparent. With future projections suggesting that we will witness drier summers and wetter winters, we are urging people to be far more aware of any environmental risk that may affect where they live, particularly when buying a new property as part of the conveyancing process. After all, reliable search reports – which include assessment by environmental consultants – are widely available and provide a wealth of intelligence, that ensures homeowners are aware of potential risks and can prepare accordingly.
www.landmark.co.uk
1 https://www.northamptonchron.co.uk/news/transport/storm-dennis-main roads-closed-flood-alerts-and-power-cuts-acrossnorthamptonshire-1742311 2 https://www.bbc.co.uk/news/topics/cdl8n2edxj7t/aviva 3 https://www.lawsociety.org.uk/support-services/advice/practice-notes/ flood-risk/
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
Geodesys launches drainage and water How to build robust report for new build relationships with yourhomes suppliers
Regardless of the sectoradds youbespoke are working relationships with your supplier Conveyancing search provider searchin, option to its service offering
are essential to your business’s health, reputation and growth. Lauren Liese account manager at Geodesys, discusses how to form relationships which ar robust and last a lifetime.
report is sourced from Anglian Water, which retains Huntingdon, X September 2019- Geodesys – a leading liability for its accuracy.” provider of conveyancing searches for residential and commercial properties throughout England and Wales – Making conveyancers’ jobs easier, the new report will has announced the launch of its brand new drainage and provide: water The report for newly-built homes in thesupplier Anglianrelationships Water supplier does not knowtwo about a certain selection and building of your • is a17 questions including high qualityissue, waterhow andcan they ass region.continuous process that strives to balance your business needs in addressing it? sewerage maps with the needs of the supplier. In first today’s businesses The Geodesys NewBuildDW - the of market, its kind where front-page dashboardrelationship Regular interaction willcustomer build a trustworthy whi are consistently prospected, using people and organisations• thatCrystal-clear provides all the same quality data on water and on key questions allows forinformation open and honest discussions on product and progre you can trust and rely on to provide a high-quality service is ofhighlighting sewerage connections as the Law Society’s official updates, as well as navigation the opportunity to retrieving demystify regulati critical importance. • Easy-to-use interactive making CON29DW report. However, NewBuildDW focuses updates, compliance, etc. Geodesys hosts a series of topical CP information easy for users specifically on athe information relevant to new build Choosing supplier can often be the toughest decision so look for workshops at various UK locations throughout the year. • Top tips and advice relevant to buyers of new build one(s),properties where theyand can offers demonstrate expertise a and longevity within residential conveyancers lower properties These well-attended events provide a platform for our clients industry. Research array ofItproducts the supplier can offer, pricedthe alternative to the fullthe report. also includes hear from industry experts like Kate Faulkner, mingle with lik compare them to competitors and invest time to meet with them. several pages of extra tips and advice for buyers. • £5m professional indemnity insurance minded people and touch base with their account managers.
JonnyPrice Davey, Manager forbut Geodesys, willProduct always be a factor, the cheapest provider is not comments: are committed todefine providing As the relationship the communication always“We the right one so clearly what all it isthe you are looking for continues: Jonny “Producedand by industry experts, our between t organisation and the supplier develops, you will find efficiency w and do home your research accommodates information buyers into andwhat theirsolution legal advisors may this need. streamlined report clearly outlines all the most pertinent improve and potentially increase operational value too. need on a property to avoid any unnecessary future risks information. Some data contained in a full CON29DW At the top of the agenda for a strong relationship is communication. and additional costs. is simply not available for new builds, so NewBuildDW If this aspect of the process is neglected, then you could risk
Offering feedback to the supplier is key in ensuring they can provi
emphasise the importance of the relationship being two-way. If the
systems and service.
“We decided to launch this newwill product after allows conveyancers to access key detailsand at adrives morecontinuo a service that meets yourthe expectations complications arising which lengthen theidentifying transaction process improvement. potentially a gap and in the market be forcostlier. a comprehensive report which competitive price.” Geodesys offers their customers for examp multiple mechanisms for gaining feedback including survey has been specifically tailored to provide information for The NewBuildDW Report is available for £36 (including meetings and seminars, which helps us continually improve o Having been an account manager for the past 15 years, I cannot new build residential properties. All data used in the VAT) in the Anglian Water sewerage area only and for
residential properties classed as new build. For more information, please visit: https://www.geodesys.com/ Conclusion Developing good relationships with your suppliers is not residential-searches/drainage-and-water/new-buildcomplicated process. Be communicative, tell them your nee drainage-and-water-report/
and expectations, treat them fairly, be demanding and be loy It’s that simple.
For more information about Geodesys visit: http://www.geodesys.com Geodesys is a leading provider of conveyancing searches for resident and commercial properties throughout England and Wales.
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www.northamptonshirelawsociety.co.uk
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Hertfordshire Law Society Gazette
Don’t trust to luck – get the CON29DW from Geodesys: no inferring, no ignoring, no insuring.
When you need drainage and water results fast, don’t take chances. With the CON29DW not only is the turnaround time just one to two days but the report also includes far more information than our competitors’ searches. If you’re not using the CON29DW…
Good luck.
Call 0800 085 8050 Email customer.services@geodesys.com
www.geodesys.com17
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Northamptonshire Law Society
Want a quick turnaround?
Northamptonshire Law Society
ARE YOU BEING HOUNDED BY OUT OF DATE MULTIPLE DWELLINGS RELIEF CLAIMS? HAVE YOU RECEIVED A PRE-ACTION PROTOCOL LETTER ALLEGING PROFESSIONAL NEGLIGENCE? IF SO, DON’T SETTLE UNTIL YOU HAVE SPOKEN TO US!
www.griffithsallen.co.uk office@griffithsallen.co.uk Telephone 0118 40 50 025 Griffiths Allen Adverts 2020 V2.indd 1
13/03/2020 11:39
IF YOU ARE CONCERNED THAT YOUR STAMP DUTY LAND TAX KNOWLEDGE IS NOT AS IT SHOULD BE, WE ARE HERE TO HELP YOU GET IT RIGHT. CALL US - OUR FEES ARE FIXED TO AVOID SURPRISES www.griffithsallen.co.uk office@griffithsallen.co.uk Telephone 0118 40 50 025 18 Griffithswww.northamptonshirelawsociety.co.uk Allen Adverts 2020 V2.indd 2
13/03/2020 11:39
Sperm donor anonymity - a distant memory?
In particular, this is being accentuated by the use of social media, celebrity culture and the rapid rise of ancestry companies who use DNA testing information to make links with often unknown individuals and geographical origins. The result is that the possibility of identifying a sperm donor and biologically related siblings is now very high. This raises questions within the law (which arguably has not kept pace with society) and also ethical issues, with regard to personal privacy both for donors and also for donor conceived children. In 1991, the nascent Human Embryology and Fertilisation Authority began to record data regarding donor conceived children and allowed access to benign information about the donor and the number of genetic siblings. Donors were at this point promised lifelong anonymity, which has created, in 2020, conflicting rights. In 2005 a more profound change occurred in that donors obtained the right to learn the identity of their donor when they turned 18 (and 2023 is getting very close). As part of this legislative change sperm donors also gained the option to remove anonymity if they wished and post 2005, donors must agree to waive their ano-
nymity when any donor conceived child is 18. These circumstances are a significant challenge to the concept of donor anonymity. As a consequence, the number of sperm donors in the UK has declined. There has been an explosion in people taking DNA tests for ancestry‌26 million by 2019, which is expected to rise to 100 million in 2021. The DNA databases held by the ancestry DNA testing companies are now both huge and powerful, enabling distant relatives and individuals to be presumptively identified with relative ease (half second cousin or closer). Together with online information such as surname searches and family trees, putative relatives can be identified with ease. Some donors embrace this, others are waiting with trepidation - in the excitement of the chase, often the donor conceived child acting as amateur sleuth, places too much emphasis on weak circumstantial evidence derived from ancestry DNA tests. We consider that confirmation of the biological relationship is an essential step to take before leaping into the emotional abyss. Firm knowledge of either biological paternity or sibling-ship (most likely half siblings, united by a common father) using an appropriate DNA test is paramount. Yet, in an evolving niche, a smaller group of willing donors are finding other ways to make contact with recipients, such as Facebook groups and co-parenting websites. There is
Opinions towards anonymity are relaxing across Europe with the balance shifting from the anonymity of sperm donors towards the rights of donor conceived children to know their biological origins . It is estimated that there were around 30,000 sperm donor conceived children in the UK between 1991and 2005 and obviously a great deal more have been born since. In particular, an appropriate DNA test to determine biological parentage is essential for unequivocal confirmation. This is also required if legal recognition of the relationship is desired to change a birth certificate, to obtain a parental order or to resolve a matter of inheritance. Neil Sullivan, MBA,
1. Human Fertilisation and Embryology Act 2008, s24. 2. facebook.com/groups/DNADetectives 3. Parliamentary Assembly, Council of Europe, Committee on Social Affairs, Health and Sustainable Development. Anonymous donation of sperm and oocytes: balancing the weights of parents, donors and children. Draft adopted 21st January 2019. 4. Hallich, O., Sperm donation and the right to privacy. New Bioethics 2017, 23 p 107-120
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
With the plethora of alternative ways now available to either participate in conception, birth or take care of a child and the interest in family trees, the issue of sperm donation has once again come into the spotlight.
even debate concerning the use of sperm from deceased males. Here the sperm is retrieved by electro stimulation and disingenuously compared to organ donation. Notwithstanding the issue of consent, children conceived in this way will never have the chance to meet their biological father, a circumstance which requires ethical consideration.
British Ecological Society
RCN: 281213
Northamptonshire Law Society
Established in 1913 we have been championing the science of ecology ever since. Our vision is for nature and people to thrive in a world inspired by ecology. With 6.500 members – many of them world leaders in their field - in 125 countries we bring together ecologists across regional and national boundaries.
scientists, all of whom give their services free of charge. Our Ecologists in Africa programme provides small grants to local ecologists working in some of the poorest countries on Earth on research into some of the major challenges of our time such as climate change and food security.
In addition to our work supporting groundbreaking research through our acclaimed scientific journals, our members go into communities to share the excitement and importance of ecology. Every summer we take 30 talented young ecologists from some of the most deprived schools in the United Kingdom on their first residential field trip. Over five busy days they are taught and mentored by some of Europe’s leading ecologists and environmental
If you would like to talk about how you and your clients can support and inspire the next generations of ecologists and make a real difference please contact Paul Bower, Development Manager, British Ecological Society, 42, Wharf Road, London N1 7GS. Tel: 020 3994 8282 email paul@britishecologicalsociety.org.
Paul is also available for meetings in Derbyshire.
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.
Examination Development
Assessment Report
Briefing Expert Witness
Tel: Wakefield 01924 264900 (Office) 01924 276986 (Home) Email: peterswann@btconnect.com www.fingerprint-analysis.co.uk
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www.northamptonshirelawsociety.co.uk Peter Swann Fingerprint Analysis 2019.indd 1
22/11/2018 11:59
LEAVE A LEGACY THAT MEANS THE WORLD
Leave a gift in your will to the British Ecological Society and inspire a new generation with the greatest responsibility of all: the future of our planet. As one of the world’s leading ecological organisations with 6,500 members in 125 countries, the British Ecological Society has been supporting and championing ecology – the study of interactions among living things and their environment – for over 100 years. Our work with young people – many of whom are from disadvantaged backgrounds and underrepresented groups – is giving them the knowledge and passion for the environment at a time when it has never been more important. Help us develop the next generation of ecologists that the world so urgently needs.
The future of our planet is in their hands – and yours.
Give Paul a call on 020 3994 8246 or email hello@britishecologicalsociety.org You can find out more about our work and donate online at britishecologicalsociety.org
Registered Charity no. 281213
Northamptonshire Law Society
Integrity Accounting & Forensic Solutions Ltd. Chartered Certified Accountants Having qualified in 1997, Claire Berrington FCCA is a member of the Expert Witness Institute with over 10 years experience as a Forensice 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 07833-431013 or 01403 - 752418 claire.berrington@integrityafs.co.uk www.integrityafs.co.uk 22
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Northamptonshire Law Society Annual Awards Awards Dinner Dinner Annual
The Marriott Hotel, Eagle Drive, Northampton, NN4 7HW
The President invites you to attend the annual awards dinner
The President invites you attend the Annual Awards Dinner andtocasino night! DrinksReception Reception to begin Drinks beginatat7:30pm 7:30pm
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The Marriott Hotel, Eagle Drive, Northampton, NN4 7HW Friday 15th May 2020 Friday 15th May 2020
DinnerServed Served 8:00 Dinner 8:00pm pm
Casino event to follow Carriages: 1:00 am Carriages: 1:00 am Dress Tie/CocktailDress Dress DressCode: Code:Black Black Tie/Cocktail Costs: Costs: Individual Tickets £48.00 per person Individual Tickets £48.00 per person Book a Table of 10 for £450.00 Book a Table of 10 for £450.00
Early Bird Discount before 29th February 2020 Individual Tickets £45.00 per person All booking enquiries by email please to Carolyn Coles Book a Table of 10 for £420.00
sec.nls.outlook.co.uk
All booking enquiries by email please to philsmithdw@aol.com Full details of the Award categories andPatrons: how to nominate will be Thank you to our sent to all members via email shortly, or you can mail Carolyn Coles The University of Northampton Carolyn Coles (sec.nls.outlook.co.uk) for details
QPI Legal Ltd.
Thank you to our Patrons: Hawsons Accountants The University ofChartered Northampton, QPI Legal Ltd., Hawsons Chartered Accountants, Landmark Information Group Landmark Information Group
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Wellbeing and the sole practitioner Working as a sole practitioner can be extremely rewarding and enjoyable, and many thrive working on their own. However it is not without it’s challenges. It can be isolating, having no-one to bounce ideas off or chat to about work means it can often feel overwhelming. There is the financial burden resting on your shoulders which can cause huge stress, especially if you cannot work due to illness, or a family illness or bereavement. It is vital that sole practitioners are tuned into their mental health and wellbeing, and aware of some of ways in which their work can affect them. It is important to look after your day to day wellbeing so that when problems arise, you are better equipped to deal with them. It is also important to have a support network you can turn to for help, this could be friends, family, other professionals or LawCare. LawCare is an independent charity which has been supporting lawyers for over 20 years and offers emotional support from people with experience in life in the law via a helpline, webchat, email and a peer support programme. At LawCare we are often contacted by lawyers who struggle with overthinking, unable to sleep properly because they go over and over their work in their head. We get calls from lawyers who are struggling to cope with their workload and are drinking too much every evening. We get emails from lawyers who are experiencing extreme anxiety and imposter syndrome. We speak with lawyers working with vulnerable or traumatised clients which is really affecting their own wellbeing. We also hear from lawyers who have made mistakes and are worried about disciplinary action. Does any of this sound familiar? In addition to this we often see certain personality traits in lawyers: an analytical mind, impatience, extremely driven, perfectionism, a constant feeling a sense of urgency, and overly self-critical. These can all be very useful in the workplace but destructive in your private life. Often lawyers find it hard to admit they are having a difficult time and not coping for fear of showing weakness.
WARNING SIGNS • Trouble sleeping: A vicious circle: worries about work lead to lack of sleep, which makes it difficult to perform well at work. • Physical changes: Headaches, skin complaints, frequent colds, aching muscles, heart palpitations, shortness of breath, dizziness, nausea, digestive problems. • Drinking and smoking: Turning to drinking and smoking to cope with the demands of work. • Eating: Comfort eating or skipping meals. • Mood swings: Feeling irritated and frustrated, angry one minute and feel fine the next. Panic, fear, and uneasiness. Not being able to stay calm and still • Panic attacks: These can happen suddenly, for no clear reason. It can mean feeling sick, short of breath, shaking, sweating and experiencing a sense of unreality. 24
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TIPS FOR LOOKING AFTER YOURSELF Exercise Do whatever you like as long as you get moving. Exercise makes it difficult to overthink as you need to concentrate on the physical activity itself and the melatonin, serotonin and endorphin boost will help to combat negative thoughts.
Eat well and drink in moderation Eating a balanced diet improves wellbeing. It is important to eat regularly which can be difficult if you’re busy at work, so buy a nutritious lunch on your way in or keep healthy snacks in your drawer, or set a reminder to go out for lunch. Make sure you drink alcohol in moderation, whilst it can be tempting to drown your sorrows if you are having a difficult time this will just make you feel worse the next day.
Be Mindful Research shows that regular mindfulness improves your concentration, decision-making and working memory. It reduces stress, lowers your heart rate and blood pressure, strengthens the immune system, and reduces anxiety and depression
Take a Break Sitting at your desk for long periods is counter productive. Getting up from your desk for a brisk walk or a stretch for ten minutes can improve your focus and concentration.
Keep in touch Human are tribal, we need other people and this is even more important it you are largely working on your own. Seeing friends and family, or having a chat on the phone can give you a lift when you are feeling down.
Share how you feel We all know the phrases ‘a problem shared is a problem halved’ or ‘it’s good to talk’ but the benefits in talking about how you are feeling go far beyond this. We all need someone to talk to about personal matters without judgement and in confidence. When we are in a difficult situation we lose our problem-solving abilities, it can be impossible to focus and it can seem overwhelming to choose what action to take. Sometimes a listening ear and a nudge in the right direction is all we need to move on.
For some it’s not as easy as talking to a friend or family member. LawCare is happy to talk to you about whatever you are going through. You can phone our free, confidential helpline and talk to another lawyer who’s been there on 0800 279 6888. You can also access webchat, email support and additional resources at www.lawcare.org.uk
Northamptonshire Law Society
The home OF LEARNING. At Quinton House every student has a place, a role to play or something to achieve. Our non-selective environment gives an open opportunity for all children to benefit from the qualities and privileges of a unique independent Call us on 01604 684828 or visit quintonhouseschool.co.uk to book a visit today www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
Record Level of Legal Advisers Talk Gifts in Wills With Clients by Rob Cope
· 68% of solicitors / Will-writers always or some times raise the topic of charitable bequests pro actively during Will-writing · Only 7% of advisers never proactively reference legacy giving with clients · 20% of Wills currently handled by legal firms annually include a charitable donation LONDON, 10 DECEMBER 2019: More UK legal advisers are initiating discussions with Will-writing clients about the option of leaving a charitable bequest than ever before, according to a tracking study from Future Thinking Commissioned by the 200-strong charity consortium Remember A Charity, the study reveals that 68% of solicitors and Will-writers always or sometimes proactively raise the subject of legacy giving with clients, up from 58% in 2012. Almost one quarter (24%) occasionally raise the topic with clients, while only 7% say they never do, down from more than twice that (16%) in 2012.
Rob Cope, Director of Remember A Charity, says: “Over the years, we’ve seen a marked change in the way that advisers are approaching gifts in Wills with clients. Legacy giving is becoming more common across the client base, and there’s much less reticence when it comes to raising the topic of charitable giving.” The consortium recognises the key role that advisers play in normalising legacy giving and raising vital funding for good
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causes annually, with research from the Behavioural Insights Team demonstrating that referencing the option with clients can double the proportion of those that go on to leave a gift. Cope adds: “Increasingly, advisers now see discussions about gifts in Wills as part and parcel of offering a comprehensive service to clients. In most cases, clients will want to look after friends and family first – and that’s something we’d encourage. But a simple question asking all Will-writing clients if they’d like to consider leaving a donation too can make a huge difference to the number of people that choose to give in this way.”
On average, advisers report that 20% of the Wills they administer annually contain a charitable bequest, having risen steadily from 16% in 2012. 85% of the legal firms in the study had assisted in administering estates that included a charitable donation. The proportion of Wills going through probate that include a charitable bequest has risen from 12.2% to 15.8% over the past decade, with more than 10,000 charities named in Wills annually[1].
Advisers that always open up legacy giving conversations with clients typically do so because it is part of their standard Will-writing process or because they want to alert clients to the tax breaks linked to leaving a charitable bequest. More than seven in ten (71%) of advisers always or sometimes reference the tax advantages of leaving a gift to charity. Any legacy gift to charity is currently exempt from Inheritance Tax (charged at 40%), and a lower rate of tax (36%) is applicable on estates where 10% or more is donated. Remember A Charity is now working with the legal sector to develop a new suite of materials that will help to bring greater consistency and demonstrate best practice for the way that advisers can reference charitable giving with clients. 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.
Registered Charity number 264221
Northamptonshire Law Society
W
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. 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.
CALL US NOW on 020 7407 9417 or email us at: bdee@listening-books.org.uk
www.listening-books.org.uk/Legacies 12 Lant Street, London SE1 1QH
Listening Books.indd 1
Moorcroft Racehorse Welfare Centre
29/10/2018 15:07
Huntingrove Stud, Slinfold, West Susssex. RH13 0RB
!
All heart
T
his centre in the south of England was set up to ensure that retired racehorses whatever age, can be retrained to find another career in life. Much care and attention is given to each individual horse and when fully retrained new homes are found. The centre retains ownership for life and visits these horses every 6 months to ensure that all is well.
This charity depends on generous donations and/or legacies from horse lovers. Many horses need a time for rehabilitation due to injury etc and start to enjoy an easier life after their racing careers.
As the registered charity for Northampton General Hospital (NGH) and the Northamptonshire Healthcare NHS Foundation Trust (NHFT). We exist to make things better for patients, their families and staff. We provide funding for equipment, research, training and all of those extras that help to comfort people when in hospital.
www.nhcf@greenheart.co.uk Visits by appointment are welcomed. Please ring Mary on 07929 666408 for more information or to arrange a visit. www.moorcroftracehorse.org.uk
Registered charity no: 1165702
Northamptonshire Health Charity Springfield, Cliftonville, Northampton General Hospital, NN1 5BE Tel: 01604 626927 | Email: greenheart@nhcf.co.uk www.northamptonshirelawsociety.co.uk NHC Team Advert 89x134mm.indd 1
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10/09/2019 07:12
2020 NEW YEAR, NEW BRAND FOR YOUR LAW FIRM? Just like a New Year makeover, a brand
business internally and help you re-engage with what your brand actually stands for.
how a person feels about themselves, and how they are perceived by others. Your
Rebranding usually uses a combination of visual identity and targeted messaging to reposition the brand and tell your audience that you are current, relevant and know what you are doing. When you consider a brand refresh there will be elements you will want to keep, those you will want to update or add to, and those you will want to get rid of completely. This may be because some elements are outdated, or
BAt Orion Legal Marketing we are often approached by new clients who have a brand that is no longer in sync with their business. It is very easy to create a brand when a business starts up, or inherit a legacy
fashioned logos and typography, slow and outdated websites, cheesy photography, inconsistent or confusing messaging, content and collateral. All signs you may need a makeover.
culture or current focus. Ideally, a rebrand should maintain some visual connection to the current branding, especially if it has been successful. Whilst the “new look-and-feel” should modernise
A tired or out of touch brand can really hurt your marketing and business development
continue to connect to your values and preserve the integrity of your brand.
the minds of target prospects and existing clients. Nobody wants to do business
For our new clients that feel a refresh would give them added focus and help assist with
behind the curve. Redesigning existing in a changing marketplace. Refreshing your branding can also re-energize your
markets and competitive marketplace. This ‘brand audit’ can uncover issues they never knew existed, as well as bringing to the forefront fresh and innovative ideas.
Once that is complete, we can help distil this through various brand touchpoints such as: ■ give it an updated look-and-feel ■ Updating colour pallets, typography and photography ■ Creating new messaging to re-engage with target audiences ■ Changing the “voice” and “tone” of a message is on-brand ■ so that it improves the visitor journey and increases lead generation ■ Using social media to target key audiences with whom the brand will resonate. Rebranding can breathe new life into your and should ensure that all of your brand identity and messaging is clear and consistent. We believe that rebranding is an important step in the evolution of any anywhere. Put ‘Brand Refresh’ on your New Year’s Resolutions list so you can start 2020 with a clear vision. Contact us today on 0118 380 5980 or via email at enquiries@orionlegalmarketing.co.uk
And Finally… So, we are almost a quarter of the way through the New Year, where does the time go? Since I last wrote we have had the annual quiz held at the golf club in Kettering, which saw yet another close battle between the Law and accountancy fraternities of Northamptonshire- I am afraid to say that we lost out on regaining the title by a mere couple of points. Still we have almost 7 months to polish up our general knowledge! As you are aware, we have the annual awards Dinner which is being held on May 15th, it is not too late to secure your place, please note that you don’t have to take a full table, You can contact me on the details below. I hope to see you there!
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.
Other dates for your diaries: Richard Snape CPD Courses –
Subject matter to be confirmed nearer the time.
7th July 8th September 30th November
Carolyn Coles
Keith Biggs, who specialises in probate Law, will also be returning to present, hopefully in the spring
Carolyn Coles - Society Manager
Keep an eye out for other presentations coming soon.
Email: sec.NLS@outlook.com Office Number: 01604 881154 My mobile: 07543 662572
Dates, times and topics are all to be confirmed.
24th Annual Conference in Malaga Friday 5th - Sunday 7th June All sole practitioner solicitors are invited to join us at our Annual Conference weekend. We also invite members of small firms who will find our event extremely useful and an economical way to achieve training objectives. As with previous conferences, you are most welcome to bring family members to enjoy the social side of the weekend. 2020’s Annual Conference will be in the glamourous and historic city of Málaga on the edge of the Mediterranean Sea. More than 3,000 years of history have passed since Málaga’s establishment by the Phoenicians up to achieving the beautiful, friendly and cosmopolitan city that enchants tourists from all over the world today. The hotel is 10.3km away from Malaga/Costa del Sol Airport and 500m from San Andrés beach/Huelin beach.
Visit Eventbrite to book. If you require any assistance please email pennyraby@harmony-house.co.uk or phone 01386 555114 Untitled-1 1
www.northamptonshirelawsociety.co.uk
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17/02/2020 14:07
Taking software integration from zero to hero Northamptonshire Law Society
By Julian Bryan, Managing Director, Quill
When it comes to software, attempting to be ‘all things to everyone’ is a naïve goal necessitating a never-ending journey. You’re inevitably going to have a number of software applications in your business, from business intelligence and case management to document management and legal accounting, plus everything in between. Central to any law firm, in every respect, whether software or service based, is of course, your clients and their matters: •
It’s your clients you need to undertake checks for money laundering
• It’s your clients for whom you need to complete statutory forms and e-submissions •
It’s your clients for whom you need to present evidence for court
•
It’s your clients with whom and about whom you need to correspond
•
It’s your clients you need to service as best you can
That’s why we focus software development on integration relating to managing clients and matters. With our complete practice management software, pick ‘n’ mix solutions and third-party integrators, you get the right systems for optimum client and matter management. Whichever route you select – Quill-only or Quill-and-other-suppliers – you enjoy best-of-breed IT with full and seamless integration. Meaning that everything operates as a coordinated whole. Compared to the alternative – running standalone systems with data stored in different disparate places – integration streamlines processes, enhances efficiencies, simplifies administration, reduces costs, provides analytical insights in real time, strengthens security, improves collaboration and much more besides. These benefits add up to superior customer service provision. Happy clients bring repeat instructions and recommend your legal services to others. And that’s good for business. As we’ve established the plentiful advantages of software integration, let’s take a moment to think how you go about your daily work. Your desktop is central to what you do, right? The majority of us begin, repeatedly return to and end the working day on our desktop. That’s because our desktop is where we host shortcuts to our most-used systems and documents. To get technical, it’s the central area behind the windows in our graphical user interface. It’s for this reason we’ve made integration 30
www.northamptonshirelawsociety.co.uk
with the desktop environment the focus of our recent software development efforts. The integration between your desktop and our Interactive Cloud application keeps getting cleverer. You can now hop between a client’s matter in Interactive and Word or Outlook, and vice versa, really quickly and easily. What’s more, with our new qSync application, you can send any documentation – for example file, spreadsheet, picture, scan or PDF – from your desktop to Interactive’s Document Hub with a simple right click. This allows you to save the correct documents against the correct client matter ready for reviewing or possibly bundling (more on this later!) on another day. ‘Why is this important?’, you may ask. Put simply, qSync empowers local working and global sharing. To all intents and purposes, you work locally on your desktop. In actuality, your desktop’s connected to the cloud so you work collaboratively with the rest of your team. We also effectively cater for the trend of spending each day working in Microsoft Word and Outlook. Our MS Office add-in is the tool that makes this happen. It’s document management at its finest. The add-ins create deep integration between your familiar Microsoft Office systems and your Interactive database and matter files, affording productivity enhancing features such as auto-detected-and-stored case-related emails, auto-saved documentation and appointment calendaring. A comprehensive library of folders of all Word-and-Outlookgenerated correspondence is then readily accessible from your Document Hub. On the subject of correspondence, Interactive Forms is the latest addition to our ongoing integration initiative. Comprising an extensive catalogue of essential legal forms, you sign in singly to Interactive, edit popular and template forms from the customisable control panel, enter data once which is then populated from your database to merge fields, and assign part or fully completed forms to the relevant matter in your Document Hub. There’s a whole lot more to Interactive Forms than this though, not least e-submissions to government agencies, document bundling for court pack production, and sharing of forms with clients and counsel. Even better, you can choose outsourced typing support for dictation via our Type App with auto-typed-up forms saved straight back into your Document Hub within agreed timescales. The bonus of our typing service is that our pay-as-you-go, flexible outsourcing model can lead to up to 40% reduction in administration overheads when compared
with in-house costs and gives you more time for servicing your all-important clients. Taking into account, too, the growing demand for flexible and remote working, due to court attendance and other off-site commitments, Interactive has its own smartphone app for iOS and Android. This is yet another example of smooth integration in play. With an internet connection and using the same secure credentials to log in, users of our Interactive App can perform all manner of tasks to progress matters on the go. Functionality includes adding new clients and matters, viewing client and matter information, accessing listings of recent documents, using stopwatches, recording fee earner time and authorising e-chits. It’s pretty much the same capabilities as the standard version of Interactive. At the outset of this client-centric activity is the requirement to execute due diligence with reliable anti-money laundering and credit checks. Doing so ensures your customers’ identities are legitimate and they have the funds to pay for your legal services. Our integrated AML tool is the ideal way to protect against financial crime. You undertake AML or AML plus credit checks during client set-up, with instant pass or fail status, and lifetime storage of results. So far, we’ve covered only Quill products on their own and demonstrated how Interactive is more than just a legal accounts system. As intimated, there’s the Quill-and-othersuppliers route as well. Our close API with a number of third-party software vendors facilitates the automated transfer of data – be it client and case details or time recording information – between the two systems. Whatever’s entered into the third-party system is auto-populated to ours. Although there are two systems in use, they operate as one. We currently have integrations in place with various suppliers of case management, legal forms, document bundling, compliance management and workflow automation software. And we’re dedicated to continued third-party integrations in order to keep building our volume of integrators. Reflecting back on our introduction, we offer this impressive range of integration options on a pick ‘n’ mix basis. You’re totally in control. Our role is to sort out the integration accordingly. Every bespoke package can be yours for a surprisingly affordable sum and backed up by award-winning support. Do get in touch with your integration enquiries. We’re all ears. Email info@quill.co.uk, call 0161 236 2910 or visit www.quill.co.uk..
Pick ‘n’ mix Quill’s software & services legal accounts software | practice & document management software smartphone apps | form packs | court bundling | outsourced cashiering outsourced typing | outsourced payroll | plus much much more!
0161 236 2910
info@quill.co.uk
www.quill.co.uk/picknmix
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