NLS 2 issuu edition

Northamptonshire Law Society Bulletin issue 2 Autumn 2013

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Chancel Repair Liability your time is up! (or is it?) see p.12

Also: A week in the life of a Law Lecturer A Checklist of things to do when buying a property in France Win a bottle of Whisky - and more...

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The President writes...

As Benjamin Franklin said, “Justice will not be served until those who are unaffected are as outraged as those who are.”

This edition contains details of the Northamptonshire Law Society Annual Dinner which will be held on Thursday 27th February 2014 at the Northampton Saints Rugby Club. For the first time we are holding an awards ceremony and details of the dinner and how to nominate or self nominate can be found on the back page.

Sarah Banner, immediate Past President pictured with incoming President Linda Lee wearing the President’s medal following her investiture as President at the AGM.

Day 19, I have successfully conditioned my master to smile and write in his book every time I drool.” — Pavlov’s Dog

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elcome to the second edition of the Northamptonshire Law Society Bulletin. As this diary entry demonstrates, our understanding of any situation depends upon our viewpoint.

If we look at the proposed ‘reforms’ to criminal legal aid this is certainly true. The government have a very simplistic view, budgets have to be cut, money has to be saved and whenever ‘costs savings’ have been implemented in the past, somehow or other a dwindling number of firms have managed to deliver a service and in fact deliver a very good service despite limited resources.

My Council Member’s report provides an update on topical issues at P.6 and I would particularly draw your attention to the launch of ‘The survey for the Civil Justice Council Costs Committee’ closing on 29 November 2013. This survey is an important step in establishing new Guideline Hourly Rates for use in civil litigation. I would hope that as many firms as possible can provide evidence.

Linda Lee President

JEFFREY C. ROSENTHAL

FCIArb FCCA MAE • CHARTERED ARBITRATOR CHARTERED CERTIFIED ACCOUNTANT ACCREDITED MEDIATOR

Smaller firms fear that the reduced number of contracts on offer will lead to sudden death if they are offered by means of price competitive tendering or a lingering death if they are allowed to continue to do own client work. Larger firms initially thought that the proposals may be an opportunity for them to expand and to do the work more cost effectively but even the largest of firms must be hard put to come up with a business plan that can deliver against government proposals.

Certainly the regulator, the Solicitors Regulation Authority thinks so. At their first conference for compliance officers on the 16th of October, a presentation by members of the policy teams suggested that neither large nor small firms would survive the new terms and 17.5% cuts.

The public for the most part have very little interest in this debate; some would even question whether criminals should be offered a defence at all.

The majority of you reading this will never have practised legal aid and for many it is a dim and distant memory that causes a vague shudder when the constant form filling and bureaucracy that accompanied some very worthwhile work is recalled. But we are lawyers first and foremost and we should remember that this is not really about business models or unappealing clients it is about the proper administration of justice and those lawyers who have stuck with this work because

ALTERNATIVE DISPUTE RESOLUTION & EXPERT SERVICES Hamilton Office Park 31 High View Close Leicester LE4 9LJ Tel: 0116 241 4316 Fax: 0870 762 1639 Mobile : 07850 359 580 E-Mail: jrosenthal@btinternet.com www.JeffreyRosenthal.com

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they thought it was the right thing to do. I would urge every one of you to stand shoulder to shoulder with your colleagues and offer whatever support they require of us.

Northamptonshire Law Society

Northamptonshire Law Society Officers & Council Members 2013/14 President and Constituency Member, Mrs. Linda Lee C/o Northamptonshire Law Society Ashtrees Cottage Saxon Rise Duston Northampton NN5 6HP Tel 01604 585653 Email: lkhln@aol.com

Vice President Mrs. Sarah Banner Shoosmiths 1st Floor Witan Gatehouse 500-600 Witan Gatehouse West Milton Keynes MK9 1SH Tel. 03700 868312 Email sarah.banner@shoosmiths.co.uk Honorary Secretary and Past President Mr Euan Temple Temple and Co Suite 4, Natwest Bank Chambers, 46 High Street Daventry NN11 4HU Tel. 0870 7708275 Email: eft@templesols.com Honorary Treasurer Miss Caroline McGann McGanns Law 57 Norfolk St. Semilong Northampton NN2 6HP Tel. 01604 791396 Email: caroline.mcgann@mcgannslaw.co.uk Chairman of the Non-Contentious Committee Mr. David Browne Hewitsons 7 Spencer Parade Northampton NNI Tel:01604-233233 Email - davidbrowne@hewitsons.com

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Chairman of the Contentious Committee Mr. Tom Kings Tollers 55 -57 High Street Corby Northants NNI7 IUY Tel:01536-276727 Email: trk@tollers.co.uk

Michael Orton-Jones The Close 68 High Street Harpole Northampton England NN7 4BS Mobile 07714896500 Email: michael.orton-jones@iimea.co.uk

Parliamentary Liaison and Past President Mrs. Vicky Meek C/o Northamptonshire Law Society Ashtrees Cottage Saxon Rise Duston Northampton NN5 6HP Tel 01604 585653

Mr. Michael Fitzpatrick DFA Law 2 Waterside Way Northampton NN4 7XD Tel 01604 609560 Email Michael.Fitzpatrick@dfalaw.co.uk

Past President Miss Fiona Moore QualitySolicitors Wilson Browne 4 Grange Park Court Roman Way Northampton NN4 5EA DX 719015 Northampton 14 Tel 01604-876697 Email fmoore@qswblaw.com Past President Mr. Edward St John Smyth C/o Northamptonshire Law Society Ashtrees Cottage Saxon Rise Duston Northampton NN5 6HP Tel 01604 585653

Past President Mrs. Lisa Garley-Evans Regional Legal and Regulatory Affairs, EMEA Avon Cosmetics Ltd Nunn Mills Road Northampton NNI 5PA Tel: 01604-617445 Email lisa.garley-evans@avon.com

www.northamptonshirelawsociety.co.uk

Miss Ruth Taylor Ruth Taylor Family Law Footshape House Kingsthorpe Road Northampton NN2 6EZ Tel. 01604 721619 Email; ruth@ruthtaylorfamilylaw.co.uk Society Manager Mr. Phil Smith Ashtrees Cottage Saxon Rise Duston Northampton NN5 6HP Tel 01604 585653 Email: Philsmithdw@aol.com www.northamptonshirelawsociety.co.uk

Northamptonshire Law Society Bulletin

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A word from President Linda Lee

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NLS Council Members 2013 / 14

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Council Members Report

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Win a bottle of Whisky!

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A week in the life of a Law Lecturer

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NLS CPD Training & Networking Events 2013

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Goodbye Chancel Repair Liability

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National Planning Policy and Guidance

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French Property Purchase Checklist

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Cost Committee Survey 2013

Advertorial Section

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Book Reviews

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Lawware Case Studies

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Redbrick Solutions

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Northampton Chambers

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Mediation & Dispute Resolution

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Quill Pinpoint research defies negative industry trend

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And Finally...

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Northamptonshire Law Society Legal Awards 2014

We specialise in Court of Protection and clinical negligence matters.

Costs Budgets also prepared.

Tel: 01256 363944 e: admin@bedsonandchard.co.uk DX: 3023 Basingstoke Web: www.bedsonandchard.com Bedson & Chard Law Costs Draftsmen is a trading name of Bedson & Chard Limited Registered in England No: 7525030

Published by: Published by: EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com

Advertising Simon Castell Helen Davies

Design David Coffey East Park Studio

Managing Editor Phil Smith

Accounts Michaela Hogan

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Media No. 1125 Published October 2013

Legal Notice Š 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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Contents

issue 2 Autumn 2013

NLS Council Member’s Report Northamptonshire Law Society

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Linda Lee

he late Nobel Prize winning Physicist Richard Feynman, said, ‘I think it’s much more interesting to live not knowing than to have answers which might be wrong.’ Given the current state of quantum theory I am sure he was right but we solicitors don’t practise a discipline which allows us to live in blissful ignorance. I therefore offer no apology for the information proffered below!

The late Nobel Prize winning Physicist Richard Feynman, said, ‘I think it’s much more interesting to live not knowing than to have answers which might be wrong.’ Given the current state of quantum theory I am sure he was right but we solicitors don’t practise a discipline which allows us to live in blissful ignorance. I therefore offer no apology for the information proffered below!

Regulation update An understandable degree of consternation was caused by Samantha Barrass stating at the Solicitors’ Regulation Authority (SRA) 1st Annual Conference for compliance officers, that notification of a material breach ‘as soon as reasonably practicable’ by a compliance officer should be ‘certainly within 24 hours’.

Before compliance officers the length and breadth of Northamptonshire start planning one way tickets to Russia where only advocates are regulated, they should take a deep breath.

As soon as you are notified of a problem you must investigate and then determine whether or not there is a breach. Then you must decide whether the facts lead you to report it as a material breach.

Obviously you must act promptly but you can only report once you have determined there is a material breach.

Prudent advice can only be that you ensure you do not sit on any investigations or reports.

The SRA has announced that from January 2014 it will begin thematic inspections looking at Money laundering safeguards and procedures in firms. If you are the Money Laundering Reporting Officer (MLRO) you will need to be aware of the current guidance.

The SRA has also announced that early in the New Year it will be consulting on extending the role of the Compliance Officers for Financial Administration (COFA). Many firms appear to have developed a system whereby the COFA has a more junior role than that of the Compliance Officer for Legal Practice (COLP). The initial proposals seem to give more responsibility to the COFA for financial stability and at first blush suggest that the role could become more like that of a financial director.

Professional Indemnity Insurance (PII) The continuing problem of Professional Indemnity Insurance (PII) continues.

Following the Legal Services Act of 2007, the Law Society no longer has the power to make any changes with respect to Professional Indemnity Insurance; it can only lobby the Solicitors Regulation Authority (SRA).

A far more difficult matter to determine is what position the Law Society should adopt with regard to Professional Indemnity Insurance as there is no unanimity amongst those it represents.

From 1987 all insurance and all run-off cover was provided by a mutual- the Solicitors Indemnity Fund (SIF). However the increasing cost of supporting SIF and disagreement amongst solicitors lead to a call for a postal ballot on the future of SIF. The profession decided to close SIF on 30 August 2000 and for each year from 1 September 2000 insurance has been purchased on the open market.

Almost from the outset, smaller firms have found it harder to purchase insurance than larger firms as they were considered by the insurance industry as a greater risk- and certain types of work such as conveyancing, which had been the greatest drain on SIF and the compensation fund, have lead to a tight market since 2008 for conveyancing firms.

Where a claim is brought after a firm is closed then in the absence of a successor practice it would be the responsibility of the principals of the closed firm to meet that claim and so there is a requirement to purchase run-off cover to protect against such a claim and protect those principals concerned.

At present run off is required for the first 6 years after closure.

Under current arrangements any claims made after that date are picked up by the residual funds held when SIF closed. However the SRA are due to review that position prior to 2020 when the current arrangements come to an end. If that arrangement were to be ended then firms closing would be left to buy insurance protection against late claims and where there was no cover there could be claims on the compensation fund.

In the past, firms that didn’t have the compulsory indemnity insurance in place at the start of a new year, the Assigned Risk Pool (ARP) provided minimum cover. At the end of the period the ARP provided run off cover if those firms had to close. Initially firms were permitted to stay in the ARP for two years which was then shortened to one year and then six months. The scheme was administered by Capita and claims were financed by insurers who were offering cover in the solicitor’s market in proportion to the percentage of business they had in the market.

A number of abuses were discovered as some new firms opened up in the ARP and stayed there for the maximum two years before closing.

Some firms remained in the ARP for the entire 2 years without ever paying any premiums and closed at the end of 2 years and of course did not pay for the run-off. Figures suggest that only 20-25% of the sums owed were collected. Disputes raged as to whether this was the fault of the SRA or Capita but ultimately, the cost of such failures was passed on to the profession and the insurance industry had even less confidence in the ARP when some of their number defaulted.

Accordingly, a new system was introduced following the closure of the ARP on 30 September 2013. On the 1st of October 2013 226 firms who failed to obtain insurance entered the Extended Policy Period (EPP). During the first 30 days, firms are permitted to trade as normal, their insurance cover being met by the last firm who had insured them.

During that period 73 managed to find cover, but the remaining 153 now have a 60-day ‘cessation period’, during which they cannot take on new clients but can still look for insurance. If they fail to obtain cover by 30 December, they will have to close and the run off cover will be provided by the last company to insure. It is not clear at this stage what will happen if the firm is unable to afford run-off cover.

I suspect that given the numbers of firms without insurance and their likely inability to pay for run-off cover, the insurance industry will Article continues after following page

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Northamptonshire Northamptonshire Law Law Society Society

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NLS Council Member’s Report continued.

Northamptonshire Law Society

find EPP as unpalatable as the ARP and this scheme will only be a stop gap. Given that it is extremely unlikely that the Legal Services Board will permit firms to practise without insurance or with reduced minimum cover, the problems will continue.

Costs regulation update For once there is an opportunity for firms in Northamptonshire to influence the amount of money they may receive. This is particularly important for those who offer ‘no win, no fee’ agreements but it should be important for all litigators.

The Guideline Hourly Rates is the starting point for judges on assessing costs.

The Advisory Committee on Civil Costs recommended an increase to the Guideline Hourly Rates for 2011 but Master of the Rolls asked that further evidence be sought, so rates have not been raised since 2010.

In October 2012 the Government transferred the function of setting Guideline Hourly rates to the Civil Justice Council who established a costs committee.

The survey for the Civil Justice Council Costs Committee is open until Friday, 29 November 2013.

I would urge every law firm to respond to the questionnaire to ensure the evidence base is as comprehensive as possible, Northamptonshire has in recent years slid to the lowest hourly rates in the country –now is your opportunity to rectify this!

The Survey contains 17 questions and is printed in full on Page 16 and can be found at http://www.judiciary.gov.uk/about-the-judiciary/ advisory-bodies/cjc/GuidelineHourlyRatesSurvey2013.htm or is available on request from Phil Smith, Administrator at philsmithdw@aol.com.

Small firms support group Finally as part of my role as your Council Member, I have been running (with the assistance of Northamptonshire Law Society) a Small firms Support Group which has proved very successful and (from my perspective) enjoyable to attend. If you would like to join or would like other groups to be set up to offer support please contact Phil. The next meeting is on Monday 9th December at 6.30pm in the offices of Shoosmiths, The Lakes, Northampton, NN4 7YD.

Win a Bottle of Whisky!

Most of us have files we can’t bear to look at, let alone open and deal with. Is there anyone who has not had a file they would have liked to have got rid of at almost any price?

The psychological explanation for this hang up is beyond our competence but there are solutions. The favourite is to give the file to someone else with a bottle as an inducement. A fresh pair of eyes can usually crack the problem.

Experience tells us that there is scarcely anything in a solicitors’ firm that cannot better be dealt with by someone else. If this is not the case, we are employing the wrong people. The electoral slogan in Chicago in the early 1900s was “vote early and vote often”. “Delegate early and delegate often” might be ours.

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n the safe assumption that this brief piece will not be widely read by non solicitors or possibly by anyone at all, and boldly asserting that any resemblance to any real persons, living or dead, is purely coincidental, we have been cautiously wondering what the eighth deadly sin for lawyers might be, lust and greed being taken for granted and in any event being already numbered among the well known seven deadlies.

We have a theory that every file visible in an office other than the ones immediately being worked upon should have been put away for storage, unless, horrible thought, they are being sat on and, if not, why have they accumulated all that dust?

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The looming holiday is often sufficient inducement to get up to date.

Hasn’t everyone worked until the small hours to get things in order before going away? Moral – Take more holidays to ensure you are regularly up to date.

Another welcome but surprising solution to the problem file is that dreaded call from the client who instead of asking what the **** is going on, apologises profusely and explains it is not going ahead. What a relief.

The reader who comes up with the best or most amusing method of combating procrastination will be awarded a bottle of the finest Scotch whisky by this anonymous author. In the event there are two or more entries the decision of the President for the time being of the Northamptonshire Law Society shall be final.

Apologies to the Editor for getting this in late.

A week in the life of a Law Lecturer

Northamptonshire Law Society

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he 1st October this year marked the start of my fourteenth year of teaching law students at the University of Northampton, although it was still University College Northampton when I started. At a rough estimate, I have direct teaching contact with around 200 students per year, and so allowing for students who I have taught for more than one year, I can safely say that about 2,000 different students have sat in my lectures and seminars over the years.

The French novelist and thinker Albert Camus is supposed to have said “Some people talk in their sleep. Lecturers talk while other people sleep.” Several centuries earlier, the English physicist Michael Faraday said that “The lecturer should give the audience full reason to believe that all his powers have been exerted for their pleasure and instruction.”

What passes for the truth is probably somewhere between these two views.

Over the years, the students’ feedback on the modules I have covered with them has been generally positive and, bar a few inevitable grumbles, students seem not to be falling asleep as a direct result of my lectures. Along with my colleagues we expend a great deal of energy in making sure our notes are up-to-date, our engagement with the pedagogic literature is current, and that our assessments tread the tightrope of simultaneously being academically-rigorous and accessible to students.

Below is a snapshot of the sort of things that we do in an average week – it is not a specific week, but an amalgam of various weeks at different parts of the year.

Monday A range of sessions today, one lecture plus four repeat seminars.

Discussions were on the role that the US Racketeer Influenced and Corrupt Organizations Act 1970 has had on the power of La Cosa Nostra, and the potential advantages and disadvantages of development of a similar type of statute in the UK. Liaised with colleagues about a the development of a CPD Course to allow access for non-law graduates onto one of the LLM Courses at the University, and the option of making part of this Open Access.

Tuesday Today was a meeting-heavy day. Part of the morning was spent in a discussion of the details of the new Distance Learning version of the LLM International Corporate Law which has now been validated. This was followed by a presentation from the International Office about the student recruitment issues faced in South East Asia, and a meeting with the recipient of an honorary award at the next Awards Ceremony. Any time in between was spent updating the new Division of Law Blog (http://blogs.northampton.ac.uk/law), which is starting to gain momentum.

Wednesday Far from being the half day “for sports” that I remember as a student, Wednesdays are just as busy as any other day.

The morning classes covered the impact of the Environmental

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Permitting (England and Wales) Regulations on water pollution offences, and wider discussions about the different philosophical foundations of environmental law, and the impact these could have on future legislative developments.

In the afternoon, a change of pace, and a 3-hour session on International Corporate Crime. The students were able to access all of the lecture notes and wider reading on their tablets and phones, as the teaching rooms are increasingly wifi enabled. The extent to which this will have an impact on note-taking skills remain to be seen, but is an interesting area for research.

Thursday Today was spent as part of a panel of internal and external assessors on a Periodic Subject Review (PSR) of a subject area in a different Academic School. The PSR takes place every 5 years, and is an opportunity for the course team to consider all aspects of the course or courses they are delivering, and to revisit any external benchmarks or professional standards. It is a thorough and lengthy process, and by the close of the day the panel has reached agreement to revalidate the course for another five years, subject to a few minor conditions.

Friday The week rounds off with a three hour session in the morning about the growth of the Serbian organised crime network Naša Stvar, and the problems that this may be causing in neighbouring countries in the region. The students have a range of ideas for tackling the problem, ranging from the practical and pragmatic to the more esoteric and theoretical. It is discussions like this which remind me why I came to this profession in the first place.

Afternoon sessions are spent looking at the legal basis of the UK CONTEST counter-terrorism strategy.

A lot of people still believe that teaching (and I use the term in its broadest sense) is a one way process, or as Mark Twain didn’t actually say, “college is a place where a professor’s lecture notes go straight to the students’ lecture notes, without passing through the brains of either.” These days, the one-way traffic, and single focus has been replaced by a much freer exchange of ideas and views, and a wide range of foci. Students are expected to simultaneously engage with volunteering opportunities, social entrepreneurship, holding down paid employment, family and relationship issues and a learning process which is far more active in nature than it was 20 years ago.

It is also no longer a bilateral relationship. For better or worse (and I would say for better), it is a multilateral partnership, involving social media, the internet, lecturers, students and the wider community. The role of the lecturer has similarly changed. From the “sage on the stage” broadcasting pearls of wisdom to the audience to the “guide on the side” working with the students to negotiate their way through their degree, and prepare them for the world after university.

Dr Simon Sneddon LLM Course Leader University of Northampton

Due to the Society’s relationship with a number of well-regarded speakers, we are able to provide low cost and local CPD courses for our members and non-members alike. A selection of the courses already staged this year and others which are planned in the near future are shown below. We are always looking for ideas for potential courses/speakers so please contact our Administrator, Phil Smith, if you have any suggestions.

Area/course title

Speaker

Date

CPD

Networking Event: Social Media

*Northampton and County Club with Christina Merrington

26/06/2013 (6:00-8:00pm)

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Mock Employment Tribunal

Alastair Hodge

27/06/2013 2:00-5:00pm) Cancelled

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Networking Curry lunch

*Royal Bengal Restaurant, Northampton

10/07/2013 12 till 2pm

TBA

PII Update

Phil Edwards QPI Legal Ltd

12/07/2013 4pm to 6pm Cancelled

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A 2013 Update for Criminal Practitioners: Billing of Legal Aid Work

Colin Beaumont

27/07/2013 morning

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What’s new in Advising the Suspect at the Police Station

Colin Beaumont

27/07/2013 afternoon

3

Risk/compliance Workshops

Damon Swindell

TBA (various)

TBA

Management Course Stage 1

Damon Swindell

19/09/2013 Cancelled

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Cost Budgeting, 6 months on…

Reuben Glynn PI Costings

11/11/2013 ( 3.30pm)

1.5

Financial Stability

*Joint event with LANSCA at Northampton and County Club

4th December (evening)

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How to voluntarily wind up a practice compliantly

Andrew Blatt, Murdoch Sols

10th December (5.30pm)

-

Due to the generosity of Shoosmiths in Northampton, their offices at The Lakes are the venue for the majority of our courses. Where an event is marked * this indicates an alternative venue.

Please note that NLS Members receive discounted prices on all our CPD courses as well as an annual 2 credits each worth £25 to redeem against the course cost.

For enquiries/bookings for any NLS CPD events please contact Phil Smith at Philsmithdw@aol.com or telephone 01604 585653.

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Northamptonshire Law Society

NLS CPD Training & Networking Events 2013

Northamptonshire Law Society

Goodbye Chancel Repair Liability your time is up! Or is it?

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s from 13 October 2013, a number of overriding interests under the Land Registration Act 2002 (LRA 2002) will lose that status.

These interests are: - a franchise - a manorial right - a right to rent reserved to the Crown on the grant of any freehold estate (whether or not the right is still vested in the Crown) - a non-statutory right in respect of an embankment or sea or river wall - a right to payment in lieu of tithe - a right in respect of the repair of a church chancel This means that further protection will be required to enforce liability against those purchasing land on or after 13 October 2013.

This article is concerned exclusively with chancel repair liability.

If title to the land is registered: • The right to demand payment for chancel repairs can be protected by a notice in the register. Notices can be entered before 13 October 2013. They can also be entered after 12 October 2013, but only if there has been no change in land ownership since 12 October 2013 and for the first time a fee is payable. In most cases, the applicant will be the Parochial Church Council (PCC) for English churches.

• The right will continue to bind the owner of land purchased or voluntarily registered before 13 October 2013 until that land is sold to a third party, even if the right has not been protected by notice in the register.

• As from 13 October 2013, a purchaser of land for valuable consideration will take free of any liability if it has not been protected by notice in the register. (If a property is transferred after 12 October 2013 for no consideration for example as a gift or an inheritance or following insolvency, it appears that the transferee may still take the land subject to chancel repair liability even if the liability is not protected by notice on the register.

• Since a notice can be entered at any time

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before the transfer is registered, the absence of a notice in the official copies should not be relied upon. An application for an official search with priority should be made to protect the transfer prior to its registration.

If title to the land is unregistered: • The right to demand payment for chancel repairs can be protected by lodging a caution against first registration. Cautions can be registered before 13 October 2013.

They can also be entered after 12 October 2013, but only if there has been no change in ownership since 12 October 2013 and the land remains unregistered.

• The right will continue to bind the owner of unregistered land, before and after 13 October 2013, until that land is conveyed to a third party or voluntarily registered. A conveyance will trigger compulsory first registration. If a caution has been lodged, the registrar will notify the cautioner (in most cases, the PCC), enabling it to object to the application and protect its interest by entering a notice in the register.

• As from 13 October 2013, the transferee will take free of any liability if it has not been protected by notice in the register at the time of first registration. However there is a procedure permitting correction of a mistake on first registration, for example if there is evidence elsewhere on the title that the property is subject to potential liability.

For more detail on the protection of rights in respect of chancel repair, see Land Registry Practice Guide 66 – Overriding Interests losing automatic protection in 2013.

Chancel repair background

liability:

Since the House of Lords’ decision in Aston Cantlow v Wallbank and another [2003] UKHL 37 chancel repair liability has earned notoriety amongst conveyancing practitioners.

Current position The liability to repair the chancel (or pay for repairs) attaches to former rectorial land unless the liability was abolished by statute or substituted for an annuity. The most common example of statutory abolition is where a new

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parish has been created by sub-division of the old medieval parish. This is particularly common in the newly populated areas of the industrial revolution.

Apart from one exception, liability for chancel repairs is several. To illustrate, if the original land subject to the liability was sold in parts so that there are now ten land owners (or Lay Rectors), each of the ten are responsible for the entire repair bill. If the Church pursued one, that one would have a right to claim a contribution from the other nine. The position is likely to be considerably more complex in practice.

The exception is where tithe rentcharges were redeemed by the Tithe Act 1936. In this situation, a Record of Ascertainments was produced by the Tithe Commissioners under the Tithe Act 1936, which specified how liability was to be divided. The Record of Ascertainments affects the Lay Rectors mentioned in it, who were former rentcharge owners (and their successors), and the owners of lands in which rentcharges had merged.

These lands are set out in the Schedule to the Record of Ascertainments. Where a specified block of land has been further subdivided since the original apportionment of liability in 1936, each of the landowners will be severally liable for the entire amount originally apportioned to that block of land. If the Church pursued one, that one would have a right to claim a contribution from the others..

One of the difficulties with the liability is that the land to which it attaches will not necessarily be close to the church to which the liability relates. The problems are compounded by the fact that often there are no or inadequate records. Therefore it can be difficult, if not impossible, to identify whether the liability exists or not.

Issues for Conveyancers Reducing existing liability: register and record By the time a notice requiring a contribution to chancel repairs is served, an insurance policy is likely to be unattainable. At that point, the land owner (that is the “Lay Rector”) must contest or settle the demand, by paying the sum either to the PCC for

The liability to pay a contribution where the relevant Lay Rectory is divided between multiple landowners, will continue to bind the owners of land purchased or voluntarily registered before 13 October 2013, but as from that date the liability will cease to be an overriding interest and so must be recorded on the title register if it is to bind future purchasers. It is, therefore, in the interests of both Lay Rectors who are seeking contributions and those responsible for the upkeep of pre-Reformation churches that the liability is recorded and that larger areas of affected land are registered.

In some circumstances, instead of enforcing chancel repair liability, a PCC might be justified in choosing an alternative approach.

For example, it might enter into a formal agreement not to enforce chancel repair liability against any of the parties in the parish who might be subject to it, in return for a capital sum, under section 52, Ecclesiastical Dilapidations Measure 1923.

Insurance against potential liability The issue for lawyers is, how to deal with chancel repair liability. This has been dealt with to date, particularly in the case of smaller land areas, by conveyancing firms recommending that an insurance policy be taken out, to insure against future liability. After the 12th October 2013 there will no longer be a need to insure against the liability in the case of a purchase or even a mortgage/remortgage of land because the liability will only affect it after registration if protected by registration of a notice in the case of registered land, or otherwise apparent from the registration of a caution against first registration or the title deeds themselves in the case of unregistered land.

It will however be more important than ever to undertake searches before exchanging contracts or committing mortgage funds because a caution against first registration, or a notice to protect the right to a contribution towards chancel repair liability will be possible at all times prior to completion. In

the case of unregistered land a Search of the Index Map will be essential and of course OS1 and OS2 searches to obtain priority for your registration.

Those not seeking first registration of title to their land after the 12th October might, but probably won’t consider chancel repair liability insurance as they will continue to be exposed to that risk Additionally although the beneficiary of a gift of land is unlikely to “look a gift horse in the mouth” there is at least a slender argument for insuring it at that point against any potential chancel repair liability. Those with feint hearts wishing to preserve what they’ve got as at 12th October could also take out such insurance but probably will not - unless a marked increase is noted in the number of PCC’s choosing to register notices and cautions!

So there is still some slight scope for the insurer to make a bob or two from chancel repair insurance and remaining but more limited need for Conveyancing firms to ensure that such cover is put in place for their clients.

Mike Fitzpatrick DFA Law

National Planning Policy and Guidance

I

n early September the Government launched a test version of the online resource where all national planning practice guidance can be viewed and downloaded.

The database can be viewed at http:// planningguidance.planningportal.gov.uk .

The launch of the website is the next step in the Government’s efforts to clarify and reduce planning policy and guidance following the National Planning Policy Framework in March 2012 and the Taylor Review in December 2012.

The full website is due to be launched in

the autumn of 2013 and existing guidance will not be cancelled until then. The stated aim is that only material on the government planning practice guidance website can be considered as government planning guidance. This should streamline guidance between different local authority areas but will also reduce flexibility and the ability to respond to local circumstances.

The launch is said to include new national practice guidance on a new affordability test to determine how many homes should be built; encouraging town centre car parking spaces and housing for older people; allowing planning appeal

hearings to be filmed; discouraging any restrictions on people letting out their car parking spaces; and further guidance on neighbourhood planning and local green space designations.

More detailed guidance is expected shortly from the Government on other issues such as the retail sequential test, flood risk, housing standards, and waste amongst others and it is likely that any new guidance will be published on the website with bulletins of any changes.

The launch actively encourages feedback in order to improve the website during the first six weeks of the test stage.

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Northamptonshire Law Society

English churches. Apart from one exception, the liability is joint and several so the Lay Rector may choose in these circumstances to trace other individuals to share the burden, for example, by checking deeds held by the Land Registry or information held by diocesan or parish authorities, or county record offices.

For the exception, where liability has been legally apportioned between Lay Rectors under the Tithe Act 1936, the formal record of apportionments (Record of Ascertainments) is held by The National Archives at Kew.

Northamptonshire Law Society

A Checklist of things to do when buying a property in France

F

rench property law being very different from English law, it is advisable to take advice from specialists before getting legally bound. The following is a list of some of the points that purchasers of French property should consider: 1. Once your offer has been accepted, ask the estate agent or the Notaire to give you a copy of the draft “Compromis de Vente” (sale contract) so that you can have all its terms checked by a solicitor specialised in French property matters.

A translation of the “Compromis” is not sufficient as only the terms that are in the contract can be translated. A translator cannot translate clauses that are not, but should be, in the contract.

2. Check the plan and the boundaries of the property, bearing in mind that the “plan cadastral” cannot be relied upon for accuracy. Only a “plan de bornage” drawn up by a land surveyor would be acceptable.

3. Check the surveys supplied by the seller (lead, asbestos, termites etc as appropriate).

4. Check the description of the property and in particular if building works have been carried out recently.

5. Check if the property is subject to rights of way.

6. Make sure that all relevant conditions

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precedent are inserted in the “Compromis de Vente”, for example that you must obtain a mortgage.

7. Discuss ownership structure with your solicitor.

It is not recommended to seek such advice from a French Notaire (even if he can speak English) as Notaires are, generally speaking, not conversant with English law and your decision may affect your estate in the UK. 8. Once you are satisfied that you have received all necessary information, you can sign the “Compromis” either in the UK or in France.

There is no need to sign a “Compromis” by power of attorney but if you give another party authority to sign this contract on your behalf, you may lose control of the transaction.

9. Make sure that you understand when your 7 day “cooling off” period expires. It does not start when you sign the “Compromis”. It starts on the day after you receive a copy signed by all parties by registered post either from the Notaire or the agent.

10. The Notaire will not carry out his searches until your “cooling off” period has expired, hence the need to ensure that the “Compromis” contains all appropriate clauses.

11. Make sure that the draft “Acte de Vente” (transfer deed) and its attachments are checked

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and explained to you prior to completion.

12. Instruct your bank to transfer the completion monies to the Notaire’s bank account sufficiently early so that the funds are in the Notaire’s account by the completion date.

13. Completion can take place by attending the completion meeting at the Notaire’s office or by power of attorney, in which case one of the Notaire’s clerks will sign the “Acte de Vente” on your behalf.

14. Once the transaction is completed, you should receive your copy of the signed “Acte de Vente” but you will need to be patient – it can take some months. In the meantime, you will receive an “attestation” from the Notaire confirming that you are the new owners of the property.

15. It all sounds a bit daunting and it really can be so but if you take care in choosing your advisers, it will pay dividends in the long term. You can probably enjoy a glass or two in celebration – I know I would.

If you need help with your purchase or any other French related matter, please contact Annie Guellec-Digby of Guellec-Digby & Co on 01604 878961 or by email annie@guellec-digby.co.uk Our website is www.guellec-digby.co.uk If you are interested or know someone who might be, please let us know.

Enigma Solicitors Agent, Process Servers & Enquiry Agents Northampton Office: P.O Box 628, Northampton, NN4 6XT. Oxford Office: Office 6, 94 London Road, Headington, Oxford, OX3 9FN DX: 42353 HEADINGTON.

translation

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We provide both spoken and written translation in any language for any purpose Including Legal work and Law Courts. Our Linguist’s are fully qualified, full time, professionals, and ITI approved.

Our Law clients include DFA Law, Davis & Co, Adams Moore, Amanda Weaver, DW Solicitors, Euan Temple, Foys, Anthony Collins, and Kingsley David.

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B

oth Cynthia Spencer Hospice in Northampton and Cransley Hospice in Kettering provide specialist in-patient hospice care and community end of life care to the population of Northamptonshire.

We provide vital support and care for patients living with a life limiting illness and their families. To maintain our exceptional quality of care and service we depend on the generosity and support of the local community, including legacy pledges.

A legacy made to either Cransley Hospice or Cynthia Spencer Hospice will ensure that the highest calibre of care is given to the patient and their family when they need it most. For example, a legacy of £1,000 could pay for a whole week of an Occupational Therapist. An Occupational Therapist works towards the well being of the patient by providing specialist items of equipment to maintain their independence and mobility for as long as possible. As the end of life approaches, each day of independence is precious. A legacy, no matter how small will help the patients we are caring for today and in the future.

John Helm Please consider nominating Cransley Hospice or Cynthia Spencer Fundraising Manager Hospice to your client if they have yet to decide on a charity to benefit from Cynthia Spencer Hospice their estate. In doing so, you will be supporting the county’s two inpatient Kettering Rd hospices as they look towards potential developments in the years ahead.

Northampton NN3 6NP Thank you.

Tel: 01604 678086

To find more information about how you can support either Cynthia Spencer Hospice in Northampton or Cransley Hospice in Kettering please do so using these contact details:

Diana Patrick Fundraising Manager Cransley Hospice St Mary’s Hospital Kettering NN15 7PW Tel: 01536 527407

www.cynthiaspencerhospice.nhs.uk

www.cransleyhospice.org.uk

Registered Charity Number 1002926

Registered Charity Number 1151018

Northamptonshire Law Society

Cost Committee Survey 2013 1. What is the geographical postcode of your principal office?

Answer:

(d) finance function costs7 Answer:

2. By reference to the most recent accounting period of your firm please complete the following table indicating the numbers and salary costs of fee earners ordinarily engaged in the work of the firm at any one time:

(e) insurance costs8 Answer:

Equity partners

Total number (FTE*)

1

Salaried partners

2

Total salary bill NA

All other solicitors Legal executives (Fellows of CILEX) Fully-qualified costs lawyers Paralegals, trainee legal executives and costs clerks Trainee solicitors

(f) bad debts and disbursement write-offs9 Answer: (g) support staff10 Answer: (h) other overheads11 Answer: 7. If your firm has other offices in addition to that given under question 1, please indicate: Geographical postcode

Total fee earners

Approximate percentage of the firm’s civil litigation work carried out at that office

Current GHR Band

* Full time equivalents – this should include part-time employees and those on maternity leave.

3. Based on the most recently completed accounting period for your firm, what was the gross fee income3 of the firm from all professional activities?

Answer:

4. On what date did your firm’s most recent accounting period end?

Answer: 5. Approximately what percentage of your firm’s total salary bill was attributable to: (a) NICs Answer: (b) employers’ pension contributions and other benefits received by employees?

Answer: 6. Approximately what percentage of your firm’s gross income was spent on the following? (a) property costs4 Answer: (b) IT revenue costs5 Answer:

8. Based upon the accounts of your firm for the last accounting period, approximately what percentage of the total gross income received in respect of litigation was attributable to any or all of the following areas of work (a) personal injury (i) fixed costs under Part 45 CPR Answer: (ii) other Answer: (b) clinical negligence Answer: (c) other professional negligence Answer: (d) property litigation (including landlord and tenant, but excluding possession claims by mortgagees) Answer:

(e) commercial (including Chancery/TCC/IP) Answer: 6 (c) external marketing and Business Development costs (f) basic debt collection and possession claims by mortgagees Answer: (i) referral fees Answer: (g) defamation and privacy (ii) other Answer: Answer:

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(h) other. Please specify and include the percentage Answer:

(a) claimants Answer:

14. Please answer question 13 in respect of commercial litigation.

Answer:

(b) defendants Answer: 10. Please complete the following table for those working in civil litigation in your firm during its last accounting period: Fee earner

Number of fee earners working in civil litigation

Average salary *

15. Where your firm has acted for an unsuccessful (or paying) party in general civil litigation (including personal injury, clinical negligence and other professional negligence litigation) during the last accounting period and has resolved the other side’s claim for recoverable costs, approximately what proportion of the amount claimed (excluding success fees) was paid to the successful (or receiving) party?

Answer: 16. Please answer question 15 in respect of commercial litigation.

Answer:

Equity partners12 Salaried partners

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All other solicitors

17. If you have any further comments, whether in relation to the questions answered above or more generally, that you consider would be of assistance to the Committee, please make them here.

Legal executives (Fellows of CILEX) Fully-qualified costs lawyers

Further comments:

Paralegals, trainee legal executives and costs clerks Trainee solicitors

* Insert the cost of employing a similarly qualified fee earner.

11. Please give as much information as you can in relation to the hours (i) recorded as billable14 and (ii) billed to the client (after any negotiation) or paying party (as agreed or assessed) for civil litigation during your firm’s last accounting period: Fee earner

Hours recorded as billable

Hours billed to the client (after any negotiation) or paying party (as agreed or assessed)

Equity partners Salaried partners All other solicitors Legal executives

Notes

Includes sole practitioners and firm owners

1

Includes salaried and fixed share equity partners

2

For this purpose ‘gross income’ is fees billed plus or minus any change in the value of taxable,

3

non-contingent work in progress (WIP) Rent (net of any sub-lease income), premiums, rates service charges, light and heating,

4

insurance, maintenance costs, repairs, office cleaning etc. Do not include amortisation or depreciation of property, furniture and equipment.

All items of IT costs charged through the profit and loss account: IT department salary costs,

5

outsource costs, software and hardware support and maintenance. Include lease costs of IT hardware and software. Exclude depreciation.

Include salaries, outsource costs, all practice development activities, corporate entertaining,

6

market research advertising, seminars, public relations and brochure costs.

All items of finance department costs charged through the profit and loss account: finance

7

(Fellows of CILEX)

department salaries, outsource costs and tax compliance and audit costs.

Fully-qualified costs lawyers

claims, but not costs of settling claims.

Paralegals, trainee legal executives and costs clerks Trainee solicitors

12. What was the gross income over the last accounting period of the highest-paid fee-earner in litigation?15 Answer:

Include professional indemnity insurance, general insurance and any costs associated with

8

Total of debts and disbursements written off to the profit and loss account.

9

Secretaries and support staff working directly for fee-earners

10

This head includes all other overheads, such as training, HR and procurement costs.

11

See footnote 3, above

12

See footnote 4, above

13

For each fee-earner this will be the total of hours that are ultimately billed to the client which

14

should include the hours payable by a paying party as agreed or assessed. See also FAQs. This is to enable us to assess the cost to the business of replacing the equity partner in salary

15

terms should they leave the firm, accepting their income would not be wholly salary based.

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Northamptonshire Law Society

9. If the work carried out by your firm was substantially personal injury, clinical negligence or other professional negligence, what percentage of the income was derived from work carried out for claimants and what percentage was derived from work carried out for defendants?

13. Where your firm has acted for a successful (or receiving) party in general civil litigation (including personal injury, clinical negligence and other professional negligence litigation) during the last accounting period and the claim for recoverable costs was resolved by negotiation or following assessment by the court, approximately what proportion of the amount claimed (excluding success fees) was recovered from the paying party?

Answer:

Northamptonshire Law Society

Book Reviews

by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Informed, learned and certainly analytical discussions of the new legislation, as well as numerous explanatory references to the preexisting law are as a result, provided throughout, with emphasis on how the new law will work in practice. Suffice to say though, if you want to be really clear on the content of the new legislation then read the new legislation, which fortunately this book includes in its entirety.

BLACKSTONE’S GUIDE TO THE DEFAMATION ACT 2013 Edited by James Price QC and Felicity McMahon ISBN: 978 0 19 966421 4 OXFORD UNIVERSITY PRESS www.oup.com AN OVERHAUL OF DEFAMATION LAW AFTER YEARS OF EMBATTLED CONCERN: INCLUDES A COPY OF THE ACT Like other titles in the popular Blackstone’s Guide series published by the Oxford University Press, this new ‘Blackstone’s Guide to the Defamation Act 2013’ provides analysis and comment on the Act as well as a copy of it. The result is a clear explanation of its new provisions -- certainly a boon to practitioners and other professionals coming to grips with what has been described as a complex piece of drafting. Inevitable, you might say, in view of the almost Byzantine complexity of this area of law.

This new piece of legislation is particularly interesting as its development and the passage of the Defamation Bill occurred in parallel with the hearings in 2011 conducted by the Leveson Inquiry into the Culture, Practices and Ethics of the Press, although as the editors of this guide have pointed out, there was ‘little apparent cross –fertilization, except at the end of the parliamentary progress of the Bill’ – and thank goodness is all we have to say. Also, as the editors remind us in the introductory chapter, ‘both Houses… agreed to the removal of the Leveson amendments from the Bill.’

The Bill inevitably generated other battles and controversies which are the subject of copious commentary in the text by the ten expert contributors to the book (each a specialist in libel and/or media law) under the able editorship of James Price QC and Felicity McMahon.

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Conveniently for the busy practitioner, the book functions very well as an excellent quick reference, especially as it is organized to follow the structure of the Act throughout. Numerous additional avenues of further research are also opened by tables of cases and legislation, the meticulous footnoting.

The legislation itself is contained in the two appendices; appendix 1 being the Act itself with explanatory notes. Appendix 2 provides you with the Defamation Act 1996, Schedule 1 (as amended by the Defamation Act 2013). For those dealing professionally with any aspect of the law of libel, this book should be regarded as an essential purchase. The publication date is cited as at 2013.

BLACKSTONE’S MAGISTRATES’ COURT HANDBOOK 2014

By Anthony Edwards ISBN: 978 0 19 9677634 OXFORD UNIVERSITY PRESS www.oup.com THE BEST SELLING GUIDE TO THE MAGISTRATES’ COURTS IN THE NEW EDITION FOR 2014 If somewhere there is a handier and more useful guide to practice and procedure in the magistrates’ court, we don’t know about it.

Busy -- not to mention pressured -- criminal

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practitioners everywhere will certainly welcome this latest edition of Blackstone’s Magistrates’ Court Handbook 2014 recently published by the Oxford University Press.

This practical and well nigh indispensable guide is part of the OUP’s brilliant series of handy, portable volumes created to help practitioners in, for example, the police station as well as the Crown Courts and Youth Courts. Speaking of which, those who practice regularly in the Youth Courts will be interested to know that the Blackstone’s Youth Court Handbook 2014 -2015 is also out now. Both volumes, as well as other volumes in the series, can truly be described as gems.

Measuring no more than 4 by 7 inches, with plasticated covers, these volumes deliver on average over 700 pages of vital material.

In particular, The Magistrates’ Court Handbook 2014 aims -- in the words of author Anthony Edwards --‘to provide a practical resource to busy criminal lawyers seeking answers to the common – and some not so common – issues that arise at court’. This resource in particular, has been organised for easy accessibility with any number of aids to navigation, from tables and flow charts, to boxed, shaded sections and some handy icons which flag up such key points as ‘sentence’ and ‘dangerous offender’.

The overall intention, says the author, is to provide a convenient source of ‘answers to questions that arise pre-trial at the magistrates’ court level’. To this end, the cross-referencing to ‘Blackstone’s Criminal Practice 2014’ which guides the reader to further and in-depth commentary is especially useful. To cite more examples, also note the essential extracts from the Magistrates’ Court sentencing guidelines and the new appendix which lists indictable-only offences.

You might also remark that this apparently small volume offers a remarkably wide selection of research resources, namely fifty or so pages containing tables of cases, primary legislation, secondary legislation, conventions and practice directions, plus seven appendices and an index of over forty pages at the back. The book’s major benefit is that it brings together a wide, diverse and yet pertinent range of material together in one convenient place, which is why all criminal practitioners should always have a copy. The law is stated as at 31 May 2013.

M W McLAIN MD., FRCS. MEDICAL EXPERT IN ACCIDENT & ORTHOPAEDIC SURGERY

Personal Injury - We are able to cover the full range of personal injury matters from minor, single injuries to multiple fatalities, for instance associated with an explosion.

12 Red House Square Duncan Close Northampton Northamptonshire NN3 6WL

Risk Assessment - We are able to provide a full risk assessment and safety auditing service in any field of commerce or industry.

Northamptonshire Law Society

OLVER & RAWDEN is a multi-disciplinary practice of engineers operating in forensic engineering for over 50 years. We provide comprehensive reports for the legal and insurance professions and also commercial organisations. We are proud of our reputation for providing detailed, clear, unbiased reports to assist our clients at all stages.

Product Defects - We are able to investigate product failure or non compliance with inspection by a qualified engineer or laboratory examination

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Olver & Rawden, Green Lane, Balsall Common, Coventry CV7 7EJ DX: Olver & Rawden, DX 13703, Balsall Common Tel: 01676 532058 Fax: 01676 533267 Email: enquiries@olverandrawden.co.uk

Untitled-1 1

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Lawware Case Studies Northamptonshire Law Society

Visibility of deadlines and tasks to accomplish is excellent, especially when using the reminders system

Linda George Family Law: Case Study Extending their existing System Linda George Family law is a well-respected Hamilton based law practice with a range of private and legally aided clients.

“The level of support is the main benefit using this system. The system itself once you have had training is simple and easy to use. We have a great relationship with LawWare and the ongoing support is second to none.”

“Every aspect of LawWare that we use is an absolute asset and the simplicity but effectiveness of the system is fantastic.” Sharon Rodger, Linda George Family Law, Hamilton http://www.lindageorgefamilylaw.co.uk/

Sharon Rodger is LGFL’s office Manager and was instrumental in the process of extending their LawWare Accounting system to include Matter Management.

Sharon comments, “Having recently discussed our client management service it was decided that to efficiently access and update client’s information, to make contact with clients and to swiftly and easily compile correspondence, we required a system that would be economical, trustworthy and easy to use.”

Improved Feeing & efficiency of electronic filing A main priority with the project was to incorporate email/Outlook, tally up fees and a ‘one stop shop’ for client’s information whether that is a telephone call into the office, out of the office, correspondence sent in or out and feeing.

As an existing LawWare user for accounting purposes within the office on two machines, LGFL wanted to extend their usage for better efficiency.

Sharon Roger continues, “The majority of the preparation was undertaken

by LawWare in transferring/copying from our previous CMS system to LawWare, however for ourselves as a firm, nothing more than setting aside time for training and the very brief time for downloading LawWare software onto the server and workstations.”

Smooth migration, easy to use, Excellent Services “The implementation went very smoothly. The initial training was excellent; everyone understood what and how to deal with matters.

Additional training was required for the administrator in relation to adding on templates etc. which was expected. Support was excellent.”

We have seen a marked improvement with office staff on efficiency of administrative work.

The document creation is absolutely simple to use for all levels of staff from junior admin to senior solicitors.

Scanlon Ewing: Cloud for Law Firms Case Study A friendly firm looking for friendly support Scanlon Ewing is a small, friendly two partner legal practice based in Clydebank, specialising mainly in a range of family legal business. Mairi Scanlon & Maureen Ewing have been practising in Clydebank for over 20 years and have a wealth experience in the local area. They have an excellent reputation and strive to maintain that in all respects.

Coming out of a bigger firm, Mairi & Maureen decided to start their own new practice and finding a system that complied with Law Society Accounts rules and met their needs was the main factor.

Making the right decision Mairi & Maureen were clear in that they needed better access to client and business information and to improve overall practice efficiency with their system of choice. A vital element was keeping better track of client and firm’s accounts.

Mairi says “There was significant preparation required to configure the data to be imported from our old firm. We had to get all clients onto the new system and had to learn how to use it” A smooth start-up “This all went smoothly and we were very happy with the implementation, installation and training. Support was excellent.”

“We just find it very easy to use, much easier than the system we used before.”

The risk management is excellent, you can use productivity centre to highlight areas i.e. money laundering and expenditure limits

“We have always found everyone we have dealt with at LawCloud very prompt, proactive and helpful. They always seem to go the extra mile and are willing to help in every way that they can.”

We can see at a glance immediately what funds are available both in firm and client accounts

“We looked at a couple of other systems before we chose LawCloud and are very glad that we have. We have made the right choice”.

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Chartlands Chambers was established in 1995 to provide a Common Law service to Solicitors and other organisations locally and further afield.

Our aim is to offer a friendly, efficient, and reliable service to our clients and associates.

As estblished Barristers in Northampton, Chartlands Chambers offer advisory and advocacy services in a number of areas of law, including Family Law, Immigration and Asylum and General Civil Law. We offer facilities at our Chambers just five minutes walking distance from the Northampton Combined Court Centre. •

Chartlands Chambers 3 St Giles Terrace , Northampton NN1 2BN Tel: 01604 603322 Fax: 01604 603388 DX: 12408 Northampton Email: enquiries@chartlands-chambers.co.uk

Chartlands Chambers can now offer Public Access instruction of a barrister directly. We offer help with Family and Immigration matters at competitive rates.

Document and Records Management ou are a busy solicitor so the ongoing storage of your records is certainly not at the forefront of your mind.

Northamptonshire Law Society

Y

However the good offsite control of your files when you have completed a matter will give you benefits you may not realise.

Your work has natural end points, the end of a legal matter, the end of a calendar or financial year so keeping those files on site indefinitely is not generally the best thing to do. Regular storage of your records off site will release valuable office space which could be utilised for income generation. Free your time for more pleasurable activities if you are acting as the office junior in the evenings or weekends scrabbling around searching for that elusive file in your loft or basement.

Perhaps your records space is the cupboard under the stairs that is now bursting at the seams and someone has dumped the old computers or monitors at the front making access a pain in the neck.

By densely storing offsite in a purpose built secure store you gain the benefits of releasing that expensive office space to create a more pleasant and safer working environment enabling you to be more productive. Rapid retrievals of your files or boxes avoids wasted staff time searching for files or subsequent re-filing.

The filing is often the last thing anyone wants to do but that is something Anglian Archives are extremely good at.

“That was quick” is a comment we often hear from our clients.

Don’t just think of a “box of documents” but of the service embodied in the management of that box and its contents. Anglian Archives offer a service which is tailored to your requirements ensuring you get the best value from our services.

Other points for consideration are: do you back-up your computer data and store it remote from your premises? There are several ways you can do this, keep the disk or tape under your pillow at night, use a regular service of tape/disk back-up rotation or use an online overnight back-up service.

Do you know where you can put your hands on the software loaded to your computer? What happens if disaster strikes; which may be theft, fire or flood, do you have a remotely stored disaster recovery box?

Some local law societies have their fingers on the pulse.

Why not join them?

East Park Communications www.epc.gb.com www.northamptonshirelawsociety.co.uk

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About Redbrick Solutions

Northamptonshire Law Society

R

edbrick Solutions is a privately owned company with its head office in Oakham, Rutland. In 2001 we launched our innovative case management solution for conveyancers ‘ConveyanceLink’ which quickly became recognised as one of the most revolutionary products on the market.

We used the knowledge and expertise we gained to develop solutions that met the changing needs of the modern law firm.

The overwhelming request from clients was for a ‘one stop shop’ a product from a trusted provider that met the requirements of not just their conveyancing department but their whole firm - front and back office.

This led to the development of Redbrick Practice Management and later, Redbrick Business Intelligence. Redbrick Practice Management (or RPM as our clients like to call it!) now deals with any discipline be it conveyancing, probate, family, litigation, immigration and many, many more thanks to its fully customisable workflows and job wizard. We have clients using it for the whole range of

24

disciplines they undertake or just for one particular department.

Wherever it is used the benefits are reassuringly the same - matters are handled more efficiently throughout, from sending quotes to file opening, documents, legal forms and billing and each module has it’s own discipline specific additions, for example the conveyancing module also includes auto completion of the SDLT and Land Registry forms whilst the probate module produces Estate Accounts to STEP standards and auto completes IHT forms.

Extensive consultation with firms ensures that each module produced meets the individual needs of that practitioner and clients can choose to further customise the workflows and precedents to their own requirements.

The release of Redbrick Business Intelligence, our legal accounting and financial reporting solution, delivers further benefits as it is fully integrated with Redbrick Practice Management, meaning up to the minute financial information is available without duplication or risk re-keying errors. The reporting functionality is the most highly

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developed on the UK market, enabling key stakeholders to access a wealth of business critical information that would usually take weeks to produce and cost thousands.

Our clients range from sole practitioners to multi site firms, so whatever your shape or size you can be sure that we have the knowledge and experience to deliver the results you are looking for through our integrated solutions; be that reduced operational risk, increased efficiency, consistency for remote fee earners or improved profitability. All of our products are developed in house by our expert team of legal software developers, here in the UK. We were the first to introduce online case tracking, SMS and Email updates, seamless SDLT integration, AML checks and the pay per transaction business model. We are still the only legal solutions provider to work in conjunction with Lexcel and have our workflows approved as being ‘Lexcel Compliant’, providing quality assurance to the law firm and to your consumers, giving you that extra competitive advantage.

Northampton Chambers

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amily law practitioners will by now have read, digested and even had laminated the judgment in Re B-S [2013] EWCA Civ 1146

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hose of you who detect a touch of cynicism in my writing are of course correct to assume that I am a little sceptical. This case, after all, tells us nothing new. We have been given “guidance” from both domestic and European courts previously and it is clear that we have not applied this guidance as well as we should have. The words “Regrettably, the continuing lack of attention to what has been said in previous judgments necessitates our use of plain, even strong, language” have made us now sit up and listen. The court of appeal is increasingly using plain, direct language in this way and I think that we must pay attention to the message that they are handing down.

The words in Re B-S bring to mind the line in the judgment of Lady Hale in Re J [2013] UKSC 9 which explored the question “How

barristers are outnumbered by Solicitors. You should by now have received the flyer inviting you to the conference but if not, it is available at www.contact-media.co.uk/apex/contactmedia_FLBA18-content-8.htm. Here you can see the programme and access the registration form. Alternatively you can contact me directly at Northampton Chambers and I will email the form to you.

It is a simple message I think. Local authorities, Guardians and Judges must apply a high level of perspicacity to justify the decisions that lead to the severing of family ties. Given the rarity of the practice of forced adoptions in Europe nothing else will do.

Given the changing landscape in family law, the opportunity to hear straight from the horses mouth, (sorry your Lordship!), must surely be too good to miss?

How will this all work in practice? Though I have my own thoughts, for now I will stay on the relatively safe ground of “time will tell”. Perhaps I will learn more when Sir James Munby delivers the conference address at the Annual Family Law Bar Association Conference on the 16th November.

This year it is our turn in the Midlands to host the conference and I have the pleasure of being on the organising committee. We have made this a conference for all professionals and would be particularly pleased to find that

Hope to see you all there and I wish you all a Merry Christmas and happy, peaceful and prosperous New Year.

Maria Savvides was called to the Bar in 1986 and has practised from Northampton Chambers for almost all of the last 27 years, becoming Head of Chambers in 1999. She has concentrated on a broad Family practice over the last 10 years, but her past Criminal trial experience lends itself well to serious child law disputes. She is well known as a firm and tenacious cross-examiner!

Northampton Chambers The Chambers of Miss Maria Savvides

Practice Areas • Child law • Ancillary Relief • Cohabitation (TOLATA) • Injunctions • Crime • Civil

We pride ourselves in our strength in depth and the ability of our tenants to meet the specific needs of our clients. To this end, chambers’ practice areas cover those which our client base can be expected to encounter in the local area.

We offer extremely high levels of service whilst offering the convenience and practicality of a local bar. Our clerking team is also based within chambers ensuring that contact between our professional clients and the clerks is as easy as possible.

We have the aim of providing the best quality legal advice and representation to lay and professional clients in the area.

We understand the importance placed by lay and professional clients of continuity of counsel and we will always strive, wherever possible, to ensure that a case stays with the instructed member of chambers.

Based on the east of the Midlands Circuit our barristers predominantly practice in the courts local to Northampton Milton Keynes, Leicester, Oxford, Luton, Coventry, Birmingham and London; but often travel much further afield if required. Chambers is the oldest and most established set in Northampton.

Originally formed in the 1970s by barristers moving from Birmingham and London sets, chambers has retained its separate identity since that time. Located in the heart of the town centre, we are a short walk from the Northampton Combined Court Centre and the town’s Magistrates’ Court. Whilst we pride ourselves in maintaining our status as a common law set, chambers has an emphasis on family law and criminal law. Chambers remains committed to the retention of both publicly and privately funded work.

Our dedicated clerking team will be happy to assist with any enquiry.

Northampton Chambers, 10 Spencer Parade, Northampton NN1 5AQ

Telephone: (01604) 636271 • Fax: (01604) 232931 • Email: clerks@northampton-chambers.co.uk • DX: 12464 Northampton

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Northamptonshire Law Society

It is, in my opinion, a welcome judgment and I applaud the plain use of strong language to pass a clear and concise message. We have become far too used to the “adoption is the only option” default position, and I, for one, am delighted that (for a short time at least maybe) we have been forced to take stock and reflect.

[then] is the law to protect the family from unwarranted intrusion while at the same time protecting children from harm?” In this case, the court was concerned with an analysis of the interpretation of significant harm. But the words “care courts need to hear this message loud and clear” (para 49) resonate clearly through the list of cases that have culminated in the judgement of B-S.

Mediation & Dispute Resolution

Northamptonshire Law Society

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here are lots of changes in the legal circulating suggest that there are almost half the world at the moment. Trying to number of referrals there were compared to a year ago. keep track of them all is proving a bit of a challenge.

The mediation community is trying to change that.

Resolution have organised a Family DR (Dispute • In care proceedings we have the Resolution) week from the 25th to the 29th November new public law outline - cases to be 2013. Resolution have agreed to share that platform with concluded within 26 weeks, limited the other membership bodies to try and raise awareness number of hearings, experts only of the advantages of using dispute resolution services rather than going to court. I have been a practising where essential.

• In private law the brave new world lawyer for 16 years. I do not want to drive lawyers following the public funding changes out of existence. People need legal advice, particularly brought in by LASPO in April have in financial matters. The two systems can and should meant that most private law family compliment each other with all professionals working work disappeared almost overnight. together to promote the best outcomes for families as The rise of litigants in person have expeditiously as possible. forced us all to re-evaluate how we approach cases. It has caused courts to There is a National Family DR week website: http:// reduce the number of cases listed in a www.nationalfamilydrweek.org.uk. I urge everyone to look at the site. If you do any kind of dispute resolution first appointment day.

• Changes to the ways barristers are work, whether it’s mediation, arbitration or collaborative allowed to provide legal advice directly law, then sign up to show your support. Look at the to members of the public have been ideas board and see if there are any contributions you brought in and “direct access” is being can make in your area. Follow them on Twitter (@ actively pursued by many barristers for NationalFDRWeek) and contribute to the debate. the first time.

• The government’s consultation So how can we all work together? on “Transforming Legal Aid” has solicitors and barristers alike preparing (i) Mediation can help deal with the emotions to man the barricades and talk of as well as the practicalities. We all know that the hurt strike action is bandied around social and bitterness which arises after breakdown affect media with ever increasing frequency. people’s ability to make arrangements for themselves.

Will we end up with one-size-fits-all Going to court can exacerbate the situation. Mediation representation in criminal proceedings? can help it to be diffused, allowing people to move on more easily with the practical arrangements.

Amongst the doom and gloom there is one ray of light. The government has made a policy decision - rightly or wrongly - that mediation is a better way of trying to resolve children matters between parents. More than that, they have backed that decision up with funding. Means tested public funding remains available for mediation. Indeed in the autumn of last year the Legal Aid Agency had a round of tendering and actively increased the number of contracts awarded to mediation services thereby increasing the help available.

Unfortunately, that seems to have gone unnoticed. The government have done some publicity but could hardly be described as shouting it from the rooftops. Post April the number of mediation referrals have dropped. Actual hard and fast figures are impossible to gauge but the informal statistics presently

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(ii) It cuts down ‘trial by correspondence’. No more litigating a case with letters flying backwards and forwards and trying to solve a whole case one issue at a time in a letter. The negotiation in mediation is more immediate. Then clients can reflect on the options available to them, often with input from their lawyers. (iii) Dealing with issues within mediation can keep the costs down for the clients. This is particularly true when considering disclosure within financial proceedings. If the parties do this for themselves then they do not have to pay lawyers to do it. This allows the lawyers to concentrate, and charge for, the advice.

They can advise on whether any disclosure is missing.

They can advise on whether proposals being discussed are sensible. They can also draft orders if the mediation is successful. My understanding is that most, if not all, of that work can be claimed under the “Help with Mediation” scheme too. (iv) The timetable for mediation is entirely flexible to meet the clients’ needs. It can be as quick or as slow as the parties’ require. They do not have to fit themselves around the court’s fixed timescales.

Lawyers can attend, or not attend, depending on what the clients want.

Let’s work together. Let’s raise awareness. And let’s not let families feel they are excluded from the family justice system.

Collette Price Barrister & Family Mediator FootSteps A.D.R. Northallerton

Northamptonshire Law Society

Timely outsourcing guide helps law firms to work smarter I

n an effort to introduce legal practices to smarter and commercially focused ways of working, Quill Pinpoint has published a guide on how outsourced cashiering works.

As the profession continues to suffer mass redundancies and law firm closures, as well as face increased competition Julian Bryan from the growing number of ABSs and newly merged adversaries, the handy guide aims to instruct the uninitiated on the merits of outsourcing as a means of surviving and thriving in a challenging marketplace.

The guide explains in layman’s terms the procedure for outsourcing legal accounts as a simplified 5-step process, along with the extensive range of benefits to be gained from alleviating the burden of this heavily regulated back office function. Quill Pinpoint has over 20 years’ experience in outsourced cashiering. Their expertise brings a tried-and-tested cashiering solution direct to law firms.

Benefits cited in the report include higher earning power by refocusing on fee earning and marketing; financial savings with less manpower and infrastructure requirements; healthier cash flow resulting from up-to-date bookkeeping; business continuity and disaster recovery planning with continuous cashier support and 24/7 software availability; streamlined annual accounting with a current set of accounts and privileged accountants access to your data; and automatic compliance as the cashiering service adheres to the Solicitors’ Accounts Rules and other regulatory guidelines.

Julian Bryan, Managing Director at Quill Pinpoint, explains how the “difficult market conditions are hitting law firms hard”.

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“In this harsh economic climate, firms are finding it difficult enough to stay afloat, let alone make a profit”, Julian adds. “We’ve published the guide now because practices need all the help they can get, and may not yet have considered the possibility and advantages of outsourced support. Outsourcing is a survival strategy”.

Julian admits to having an ulterior motive for the guide’s publication – dispelling any myths about outsourcing being an expensive and complicated solution.

“The guide gives me the opportunity to set the record straight”, states Julian. “Contrary to often-held beliefs, outsourcing is much more cost effective than running an in-house cashiering team. The monthly fee is based upon activity levels on a pay-as-you-go contract. Moving to an outsourced environment couldn’t be easier. There’s no software to install locally and firms have their own assigned cashier so it’s a friendly service.

If practices are just setting up in business or their cashier has recently resigned, they should give us a call”.

The guide is published on the Internet Newsletter for Lawyers website at http://www.infolaw.co.uk/newsletter/2013/07/quill-pinpoint-how-outsourcedcashiering-works/.

As well as its Pinpoint Interactive legal accounts outsourcing service, Quill Pinpoint offers a payroll service for companies who want to reap the full benefits of outsourced support.

If you want to find out more on Quill Pinpoint’s products and services, get in touch by email at info@quill.co.uk, call 0161 236 2910 or visit www.quill.co.uk.

... and finally F

ollowing the favourable feedback we received for the 1st edition of the newsletter I do hope that this 2nd edition lives up to the last one. If you think that some areas are lacking or we are not covering the topics that you want to hear about then please let me know, or better still contact me about submitting an article yourself. Even if you just want to let off steam about some of the very emotive and far reaching changes that are underway in the profession currently then we would love to hear from you.

I mentioned in the last edition that the Society is looking at re-launching the Annual Dinner. Well, we have a date and a venue booked for early next year. So please put Thursday 27th February 2014 at the Northampton Saints Rugby Club, Weedon Road, Northampton in your diaries now. Having listened to feedback from past dinners we intend to make this a little less formal and a little more social. The dinner will still be a black tie event but will also include a live band and for the first time a NLS Legal Awards presentation. Firms and individuals from the Northamptonshire legal sector are invited to nominate themselves or a colleague in one of 3 categories.

They are Firm of the year, solicitor of the year and Young Solicitor of the year. More details of the awards and how to enter can be found on the back page. The cost of a table will be discounted for any booking of 10 or more and further discounted if that booking is made before 23rd December. In addition to the musical entertainment there will rugby theme by way of a selection of Saints rugby items to be won on the night. Look out for more details via email very soon.

Northamptonshire Law Society

... here is a round up of the topics, events and news that were not covered in this edition from Phil Smith, Society Manager. reality of the current climate in which we work.

As previously mentioned we are always looking to provide a full range of topics for your CPD points and can only do this with feedback on what type of course you need. Many of you will see advertisements from other providers and hear of good speakers but may have to travel outside of the County to attend their courses. Please let me know of any courses that you wish to attend and we will contact the speaker with a view to arranging a local course which, if you are a member of the Society, is guaranteed to be less than you pay elsewhere and at a fraction of the travel costs.

Once again I would like to thank our patrons, The University of Northampton and QPI Legal Ltd. for their ongoing support of the Society.

Phil Smith, Society Manager.

Email: philsmithdw@aol.com

By the time you receive this newsletter the Annual Quiz on the Thursday 14th November will be close and may well be fully booked. However, if you wish to make a late entry, then please contact me and I will try to fit you in. This event is held jointly with the chartered accountants and they may not have taken up their allocation of team places.

Although the date for obtaining your CPD points for the current year has passed, you may want to get a head start by attending the last courses arranged for 2013. On the 11th November we have Reuben Glynn of PI Costings Ltd returning to inform us of what has happened in the 6 months since cost management/budgeting became compulsory for all multi track litigation. This will be followed on the evening of Wednesday 4 December by a joint event with chartered accountants at the Northampton and County Club which will provide a view from both camps on Financial Stability in the legal profession. On the 10th December Andrew Blatt will be speaking to us on “How to voluntarily wind up a practice compliantly”… a harsh

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Northamptonshire Law Society Legal Awards 2014

Nominations are now open for the Northamptonshire Law Society Legal Awards 2014

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irms and individuals from the Northamptonshire legal sector are invited to nominate themselves (don’t be shy!) or colleagues in one of the 3 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 before 23rd December 2013.

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 Thursday 27th February 2014 at the Northampton Saints Rugby Club.

Categories and Nomination Criteria Solicitor of the Year: More than 5 years PQE Judges will be looking for demonstrable evidence of one or more of the following: · Involvement in interesting, challenging or new areas of law · Dedication to your clients · Support for the profession which may include non-fee earning work/activities · Contribution to the community including pro bono work Please also give details of anything else that you feel is particularly relevant and not covered by the above.

Law Firm of the Year Judges will be looking for demonstrable evidence of: Training initiatives and accreditations received/being worked towards (e.g. Conveyancing Quality Scheme) · Growth in reputation · Appreciation and recognition by clients · Dedication to development and welfare of staff

Junior Solicitor of the Year: Up to 5 years PQE Judges will be looking for demonstrable evidence of one or more of the following: · Excellent standards of work · Dedication to the role and profession · Professional development during training · Contribution to client relationships and business development · Contribution to the community including pro bono work Please also give details of anything else that you feel is particularly relevant and not covered by the above.

· Client initiatives that you feel have set the firm apart from others · Contribution to the legal community · Recognition received from other firms · Contribution to the community including pro bono work Please also give details of anything else that you feel is particularly relevant and not covered by the above.

How to nominate:

• You need not be a solicitor to nominate.

• Consider reputation, experience, acumen, professionalism, commitment to clients and others, including involvement with the community.

• Please complete the entry by being clear and concise and include your name and organisation.

• If nominated by a third person, nominees will be contacted and asked to supply further detailed information to support their nomination.

• All entries should be submitted by email to Phil Smith, Society Manager at philsmithdw@aol.com by 23rd December 2013.

• A shortlist of 3 will be drawn up for each category and published prior to the dinner.

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