Northamptonshire Law Society Bulletin www.northamptonshirelawsociety.co.uk
NLS Awards 2016 See page 14
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Contents
Autumn 2016 Titles in blue are supplied by advertisers and are not endorsed by the Northamptonshire Law Society
3 The President writes
Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com
6 Constituency Council Member’s Report
Advertising/Features Simon Castell Phil Smith
10 Lamb & Holmes Great British Bake Off Fundraising Event
Key Account Manager Denise Castell
12 “Making Land Work?”
Design East Park Studio Accounts Michaela Hogan
Northamptonshire Law Society
EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE
9 There’s something fishy going on…
11 Of all the things I’ve lost, I miss my mind the most
13 Northamptonshire Law Society Awards 2016 17 Northamptonshire Theatre Christmas Preview 2016 18 Brexit: Probate Court Fees
Media No. 1111
19 The law is a mess when it comes to Euthanasia
Published October 2016
20 Problems Holding Up Your Transaction?
Legal Notice
21 Attain’s Top tips on Part 36
© 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.
22 25 years at Lady’s Lane 25 Government’s response on anti-money laundering consent regime welcomed 28 Taking a Closer Look at Pensions 30 ... And Finally
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. Please consider nominating Cransley Hospice or Cynthia Spencer Hospice to your client if they have yet to decide on a charity to benefit from their estate. In doing so, you will be supporting the county’s two inpatient hospices as they look towards potential developments in the years ahead. Thank you.
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:
John Helm Fundraising Manager Cynthia Spencer Hospice Kettering Rd Northampton NN3 6NP
Diana Patrick Fundraising Manager Cransley Hospice St Mary’s Hospital Kettering NN15 7PW
Tel: 01604 678086
Tel: 0300 111 888 3
www.cynthiaspencerhospice.org.uk
www.cransleyhospice.org.uk
Registered Charity Number 1002926
Registered Charity Number 1151018 www.northamptonshirelawsociety.co.uk
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Contact us today to find out how our multi-service offering and highly qualified team could benefit you and your clients! ‘This communication is for general information only and is not intended to be individual advice. It represents our understanding of law and HM Revenue & Customs practice as at (22/10/16). You are recommended to seek competent professional advice before taking any action.’
Northamptonshire Law Society Officers & Council Members 2015/16 President Mr. Edward St John Smyth
The President writes... Northamptonshire Law Society
Vice President Mrs Ika Castka
Immediate Past President Miss Caroline McGann
Honorary Secretary Ruth Taylor
Honorary Treasurer Lisa Garley Evans
Constituency Member & Past President Linda Lee
Chair of Education and Training & Past President Rhona Rowland
Past President Euan Temple
Council Members:David Browne Laura Carter Frances Death Lever Ahsan Khan Michael Orton Jones Karen Shakespeare Oliver Spicer
Society Manager Phil Smith
Northamptonshire Law Society Ashtrees Cottage Saxon Rise Duston
Northampton NN5 6HP Tel. 01604 585653
Email: philsmithdw@aol.com
All Council members should in the first instance be contacted through the Society Manager.
It is an honour to serve a second term as President of Northamptonshire Law Society, some nine years after I previously held office. I am following in the footsteps of Caroline McGann, and am sure that my fellow committee members will join me in thanking her for being such a steady hand at the tiller in her excellent year in office, no easy task in view of her numerous other professional obligations and commitments.
My first official duty as President was to attend the Society’s Annual Awards Dinner on Friday 23rd September at the Marriott Hotel in Northampton. It was great to have the opportunity to mix with fellow solicitors and their guests from around the county. I was left in no doubt that the legal profession is thriving in Northamptonshire and that the standard and breadth of legal services being provided by local firms goes from strength to strength.
This is the third year that we have followed the awards format at our Annual Dinner and I would like to congratulate all those who were shortlisted and all of the award winners on their individual achievements. Being recognised by your fellow professionals in this way must be especially gratifying. In particular, I would like to make special mention of Mick Reed, who was awarded the Lifetime Achievement Award, having trained and qualified at Lamb & Holmes in Kettering, and who is still there at the helm after 50 years!
In recent years the Society had made conscious efforts to establish and maintain closer links with the Law Faculty at the University of Northampton. Indeed, one of my duties at the Dinner was to present a special prize to last year’s top law graduate at the university. These links are bearing fruit, with several graduates obtaining much sought after training contracts with local firms, and the university assisting in the provision of much needed topical and practical legal courses. With the university moving lock, stock and barrel to its new site on the Bedford Road, almost on the doorstep of the town centre, I can only see the relationship with the Law Faculty flourishing.
There are new challenges facing the profession in the coming year, not least with regard to the proposals concerning changes to the Handbook. Local Law Societies operate as a voice for solicitors and legal practices and I hope that our Society will continue to represent the views of its members as constructively as possible at national level.
Finally I am pleased to announce Mrs Ika Castka as Vice President of the Society. Ika is a partner at Wilson Browne and will become President of the Society at the AGM in 2017. I feel that the start to my second term has been very a positive one and , with the ongoing and invaluable support of our Society Manager Phil Smith, I am looking forward with confidence to the months ahead.
Edward St J Smyth
President Northamptonshire Law Society
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
Constituency Council Member’s Report September 2016 By the time this article has been published it is likely that the Ministry of Justice (MoJ) will have announced that publicly funded advocates working with vulnerable witnesses will have to undergo compulsory training before they can act in serious sexual offences cases. It is expected that the deadline for completing this training will be some time in 2018. The Law Society will be offering training compliant with the rules and details will be published as soon as the MoJ have announced the details. Although colleagues working in this area will no doubt be aware that this announcement was likely, it is an additional cost in an area of work that already yields little profitability. In recent months, there has been considerable work following on from the Solicitors’ Regulation Authority (SRA) consultation on signifi cant changes to the Code of Conduct. I have participated in Law Society roadshows in Cambridge, Nottingham and Milton Keynes in addition to supporting Leicestershire Law Society in submitting their response. As outlined in my last article the proposals are that solicitors should be permitted to off er unreserved legal activities from an unregulated entity (for example representing buyers and sellers of businesses) Very little support has been seen from the profession to the proposals. An online survey conducted by the Law Society 82% of respondents did not feel that the suggested changes to the regulatory framework were needed. 82 % also felt that the SRA’s proposals to permit solicitors to work in unregulated fi rms would damage the solicitor brand in general. A sentiment echoed by the City of London Law Society whose response can be found here on this link: http://www.citysolicitors.org.uk/attachments/article/108/SRA%20 Handbook%20Review%20Final%20AB.pdf who felt there was a risk of damage to the global brand of solicitors and expressed concern that the proposals would not solve unmet need – a key driver for the SRA. Similarly, The Legal Ombudsman (LeO) in their response to be found here: h t t p : / / w w w. l e g a l o m b u d s m a n . o rg . u k / w p - c o n t e n t / uploads/2014/09/Looking-to-the-future-consultation-responseSeptember-2016.pdf LeO supports the wider policy objective behind the proposal, which they defi ne as providing greater fl exibility for solicitors to deliver their services, and therefore give consumers greater access to competent and aff ordable legal advice when needed. However they express concern about the impact on the principle of entity-based regulation, the wider system of redress, and how they will work in practice. Leo expresses serious concerns about:
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• The lack of clarity about, and the potential diffi culties in, determining its jurisdiction. • The risk to consumers due to the removal of the compensation fund and professional indemnity insurance. • The viability of the small claims court as an alternative to LeO In its view if the proposals remain the same, the jurisdictional issues can only be addressed by amending the Legal Services Act -something unlikely to be high on the agenda of a government dealing with the fall out of Brexit. It believes that ‘the proposals will complicate the system of redress and create confusion for consumers and service providers.’ The following is based on an article which was précised in the Gazette last month concerns the Solicitors Accounts Rules (SARs) The current rules are complex, lack clarity and complying with the rules comes at considerable cost for practitioners. The Solicitors’ Disciplinary Tribunal (SDT) Annual 2015 report published in June 2016 revealed that 19% of cases before it involved breach of the accounts rules. The obligation to protect client assets and money is a cornerstone of the profession’s reputation. Failures to comply with the accounts rules are backed by disciplinary process and redress through compulsory insurance and LeO. Any client loss arising from an act of dishonesty, not covered by insurance, is underwritten by the whole profession. The Compensation Fund steps in to compensate where there is no available insurance. Ahead of the consultation by the SRA, the Law Society asked its membership what sort of reforms it would like to see in relation to SARs and the recent discussion paper received a bigger than expected response. Despite the current diffi culties, there was surprisingly little appetite for change. 33% favoured no change whatsoever and a further 3% would prefer to see only very minor changes. The most popular response came from the 36% who opted for simplifi cation and shortening of the existing rules with a further 10% preferring simplifi cation of the existing rules with some additional elements. The more radical solutions off ered attracted very little support. The publication on 1 June of the SRA’s consultation, ‘Looking to the Future: Accounts Rules review’ off ers a far more radical change than anticipated with the proposal to change the defi nition of ‘client money’. The new defi nition would allow money received from or on behalf of a client to be treated as the fi rm’s money where it presents money to be used for any fees and disbursements for which the solicitor is liable. This would cover for example counsel’s or expert’s fees but not taxes such as stamp duty or inheritance tax. It also covers money paid on account of solicitor’s costs. At fi rst blush this may seem attractive as it would boost the cash fl ow of fi rms pending payment of expenses or invoicing of costs. Notwithstanding these superfi cially attractive possibilities the full impact of this change does not appear to have been addressed by the SRA. Until the solicitor’s work has been carried out (unless otherwise agreed) payment to the benefi t of the solicitor is not due. If money is paid to be held on account of costs or disbursements to be
The rationale suggested by the SRA is that reducing the total amount passing through or held in the client account may for some firms avoid the need for an annual client account audit. To put this in perspective one only has to consider the situation where a firm operates in overdraft or avoids dipping into deficit on its office funds through the use of funds ‘earmarked’ for third party payment. It is naïve to assume that suppliers will not alter their terms to put legal liability on clients and then in case of insolvency, for claims to mounted on the Compensation Fund. It is hard to believe that insurers would ignore their risk of increased exposure and the confidence of other stakeholders would be impacted. There is significant risk to the profession in loss of reputation. The SRA has not considered the impact on the compensation fund or experts and Counsel. It does not appear that software providers have been consulted as to the likely cost of adapting software required to operate the new system. Many of the respondents to the Law Society discussion expressed concern at more upheaval, cost to the firm in updating software, implementing new procedures and staff training. So where does the benefit lie? Certainly not to the clients who will become unsecured creditors (the SRA’s suggestion that current consumer protections and the use of credit cards for payments will eliminate the risks is clearly incorrect). The answer lies in the main thrust of the reforms by the SRA in the Code of Conduct itself - ‘Looking to the Future - flexibility and public protection’. The SRA state it ‘will address the problem of access to justice’. It sees the reforms as a means of meeting the government agenda of innovation and the view that there is widespread ‘unmet need’ of the public and small businesses for legal services. Under the new framework proposed, regulated solicitors will be able to practice as solicitors in any unregulated business, offering legal advice and other unreserved services direct to the public. One of the difficulties of this model is the handling of client moneysolicitors in such entities would not be able to operate a client account. For the most part the redefinition of client monies to exclude fees would avoid the need for such entities to operate a client account. However, should the need arise for such entities to deal with the occasional need to handle client monies presumably it would be supported by permitted use of a Third Party Managed Account (TPMA) a second proposal in this reform. A TPMA is company which operates an escrow service to receive funds from clients, which are required in relation to on-going legal services. The funds would remain in pooled segregated bank accounts for the term of the legal services. The SRA first considered the use of such accounts in 2015 but delayed its decision. Early indicators were that there was little appetite from the profession who saw it as a high cost per transaction and as offering no greater safety than an ordinary solicitors client account. Fears were expressed that such a requirement would become compulsory. Successive governments have expressed a fondness for a centralised client account so that the interest could be used to off-set legal aid costs. There is no suggestion that there is any
intention to make this compulsory but 88% of those responding to the Law Society discussion paper indicating that it was felt unlikely the profession would take this up. Once again how such services will interact with the Compensation fund has not been considered.
Northamptonshire Law Society
incurred, this money is regarded as held on trust for the client. Creditors of a firm including banks, suppliers and investors will undoubtedly want clarity as regards what money held in the firm’s name belongs to the firm and what is held on trust. That will be swiftly followed by requirements for security or new terms for supply or credit. The solution to avoid mixed funds would then appear to be to have two office accounts.
So what are the new rules - the SRA consultation presents a very simple draft set of accounts rules and explains that these will be supported by an online toolkit comprised of guidance and case studies. The toolkit and guidance have not been published and therefore it is very difficult to judge whether or not such rules will reduce the administrative burden on solicitors. The 6 pages of rules now stem from 4 principles: i. keeping client money separate from the firm’s money ii. ensuring client money is returned promptly at the end of a matter iii. using client money only for its intended purpose iv. proportionate requirements for firms to obtain an annual accountant’s report. Fewer firms will need to obtain accountants reports but reporting accountants will need to get to grips with the new rules and guidance and any increased cost to them will be passed on to their clients. Introduction of these changes as a whole, would cause expense and difficulty to the profession, client protections will be reduced and third parties such as banks, experts, Counsel and others impacted. If it is not possible to simplify the rules in a way that reduces administrative burden, the current rules should be retained. Finally, in May of this year the Legal Services Board (LSB) published its review of the SRA. The LSB noted that it had, ‘expressed concern about the need for supporting evidence and analysis to justify a change in approach, in some of the SRA’s applications to us to alter its regulatory arrangements’. Once again the consideration of the impact of these changes is poorly considered. The LSB also noted that the number of consultations undertaken by the SRA risked ‘consultation fatigue’ and it also states that the wholesale review of the Handbook, ‘may be too much for firms (and the organisation) to cope with’. Ultimately that is the main failing of the SRA, in pursuit of a dream of radical reform, designed to give unquantifiable benefit, it ignores the needs of 10,000 plus firms and their clients. The profession will struggle to cope with such a radical change but so too will a regulator which has yet to achieve a satisfactory rating in any but one category assessed by the LSB.
Linda Lee September 2016. Linda Lee is a regulatory lawyer and the Law Society Council Member for Leicestershire, Northamptonshire and Rutland. As a Council Member she is also the elected Chair of the Regulatory Affairs Board and a member of the Audit Committee, Regulatory Processes Committee and the Access to Justice Committee. Her pro bono work also extends to the Solicitors Assistance Scheme as Chair. www.northamptonshirelawsociety.co.uk
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There’s something fishy going on…
by Gerald Couldrake, Partner and Head of Corporate at Howes Percival.
Our base was Carbis Bay, which is right next to St. Ives. Although St. Ives has the facilities and stimulation, it is also very crowded. It is not a particularly relaxing place to be, at least not in August. By contrast Carbis Bay is much quieter, but still has a fantastic golden sandy beach and a great view across to St. Ives which we could see from our bedroom window in our Hotel (called the Boskerris, highly recommended). You can walk around the headland to St. Ives in about half an hour, or twice an hour take a train into St. Ives. The station was just below our hotel and the journey takes all of 10 minutes. We often walked in to St. Ives and got the train back to the calm of Carbis Bay.
Our hotel recommended we try a beach café at Porthgwidden Beach in St. Ives and when we heard it was run by the same people who run the well-known Porthminster Beach café (also in St. Ives) we were enthusiastic to give it a try. The Porthgwidden café is informal dining at its very best. It’s an old building simply furnished and you can come up from the beach dressed as you are and eat some really superb food. My son and I shared a paella that was full of different types of fish and shellfish, every mouthful a different flavour and texture combination, but all tasting of beautifully cooked and fresh (per my definition) fish.
We ventured down to Sennen Cove, right next door to Land’s End, which is a surfing mecca. We came for the food, at a restaurant overlooking the beach called Ben Tunnicliffe. We got a table for lunch on the terrace overlooking the beach, where you can watch the surfers. This restaurant had the best view of the many that we tried. This restaurant has a good reputation, but I thought my crab linguine lacked the fresh hit of the paella, as enjoyable as this was, it is a place to enjoy for its situation as much as for its food.
Northamptonshire Law Society
I love living in Northamptonshire. It has given me a rewarding and stimulating place to live and work for the last 30 years. Beautiful countryside, brilliant sport, diverse and prosperous businesses to provide a client base and a central location to make it easy to get around. But there’s the rub. That central location. It’s no-where near the sea, which means you can’t get fresh fish to eat, and by fresh I mean caught in the morning and on your plate that lunchtime. Having tasted fish that fresh, anything else just doesn’t cut the mustard (or should it be …tartare). So this summer, we holidayed in Cornwall, and each day I made it my business to eat some really fresh fish. Of course we also ate Cornish Pasties. The best came from a National Trust café at the spectacular and beautiful Kynance Cove near the Lizard. A huge globe of wonderfully short pastry with large and well-seasoned chunks of steak and vegetables inside. Nothing like the pasties that the supermarkets sell, which are pale imitations by comparison.
The intended highlight of our holiday was a trip to Padstow and lunch at Rick Stein’s restaurant. I booked on-line well in advance. The service and ambiance of the restaurant is top quality but not over-bearing. The relaxed personality of Rick Stein on TV comes through. The dishes are immaculately and beautifully presented. The components of the dish are clearly placed with care on the plate, and is as much a feast for the eyes as well as the stomach. My sea bream was perfectly cooked, and the deserts were fantastic creations that you wanted to take home with you, not eat. It’s not cheap, but was a memorable centrepiece for our holiday.
Having eaten at the Porthminster Beach café on a previous visit, we were keen to go again. In August, such is its deserved reputation that during our week the only availability was a late lunchtime slot at 2.30. After a lazy morning on Porthminster beach (our favourite in St. Ives of the 4 beaches available) it was a real treat to walk a few yards to the café. It’s a bigger and a bit posher version of the Porthgwidden café, and the menu has much more variety. I chose sea bream again, but cooked in Moroccan spices. For my money, this was the best meal that I ate on holiday. The Moroccan spices didn’t overpower but enhanced the delicate flavour of the fish. I think it trumped Rick Stein.
On our final day in St. Ives we returned to the Porthgwidden café, as I wondered if we’d just struck lucky. No, the food is consistently of a high standard at this remarkable café and fantastic value for money. Lunch for three cost about £65. Along with its big brother at Porthminster, it has gone right into my top 5 or 6 places to eat. It is just a shame it is a tedious 6 or 7 hour car journey away and we have nothing like it in Northamptonshire. Having discussed my holiday this year with colleagues and clients, it is pleasing to find that St. Ives is a favourite with lots of them. Many know and love the Porthminster Beach café, but none had tried its little brother at Porthgwidden beach. So, if you are heading to the South-West any time soon, I urge you to check it out. You will not be disappointed.
www.northamptonshirelawsociety.co.uk
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Lamb & Holmes Great British Bake Off Fundraising Event Northamptonshire Law Society
Northamptonshire Law Firm gets baking for local children’s charity On Tuesday 5th July 2016, Northamptonshire law firm, Lamb & Holmes Solicitors decided to hold a fundraising event to support local children’s charity Spurgeon’s, who are based in Rushden The employees at the fi rms Corby offi ce decided to put their baking skills to the test and held a ‘Great British Bake Off ’ event and competition to raise money to support the charity, which provides vital care and support to children and their families. The fi rm’s employees gave up their free time and ingredients and donated their home-made delights which were sold to raise money. The event had its own Judge, baking enthusiast Cathy Martin, who gave up her free time to Judge the eleven diff erent products. Cathy also donated some home-made cookies she had made to help raise funds for the charity.
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The ‘cake sale’ was held during lunch time. Neighbouring businesses, Jeakins Weir, and Moore Stephens supported the event by purchasing the home-made goodies on off er. We are pleased to announce that Remi McNeill, one of the fi rms Wills & Probate experts was awarded the L & H ‘Star Baker’ 2016 title. The event raised £140.00 for the charity.
Marketing Manager, Claire Vealey advised “Our Great British Bake Off fundraising event was an opportunity for our fi rm to support a local charity. The idea started over a conversation about the popular T.V show and grew from there. We wanted to do something diff erent that would get everyone in the Corby offi ce involved. We thought this theme would be a great way raise money. All proceeds from the cake sale and the spare change jar will be donated to the charity. You can fi nd out more about our range of services by visiting www.lambandholmes.co.uk If you would like more information about this topic, please contact Claire Vealey at 01536 745168 or email at cvealey@lamb-holmes.co.uk.
Of all the things I’ve lost, I miss my mind the most According to the World Health Organisation, by 2050 the proportion of the world’s population over 60 will be nearly double the 2015 figure. Living to the ripe old age of 100 used to be a huge achievement but it’s estimated that more than half of children born in the UK today will live to see 100 candles on their birthday cake.
I used to worry that this longer lifespan meant we’d only have 60 “useful” years followed by 40 years of “old age”, but apparently not. It appears that old age is actually being postponed.
Demographer James Vaupel believes that the ageing process, instead of being stretched out, is starting later. He puts this down to improved living conditions, the prevention of diseases and improved medical interventions. In his article in Nature magazine, Vaupel commented that people today aren’t showing the traditional signs of aging until an age much greater than previous generations.
Vaupel’s findings appear to be supported by research from MGM Advantage which boldly asserts ‘60 is the new 40’. The study found more than one in four of the UK’s over-60s feel at least 20 years younger than their real age and they are behaving more like people in their middle age. The research found the UK’s OAPs now work well past their pensionable age, have active lives, a car or access to public transport, watch what they eat, exercise and have fun.
By: Karen Shakespeare -
Locum solicitor
Northamptonshire Law Society
Statistic number 1: We’re living longer. Statistic number 2: We have more mental illness than ever before BECAUSE we’re living longer. Yes, it appears our bodies are lasting longer but our minds aren’t following suit.
deal with clients with mental health issues much more regularly than they might think.
Although issues of mental capacity have traditionally been the preserve of private client solicitors when drafting wills and powers of attorney, the question of whether a client has mental capacity can arise in any area of law. A client can’t litigate, enter into a contract or even instruct their solicitor without having the required level of mental capacity. I’m hearing an increasing number of accounts of courts setting aside commercial contracts, land transactions and divorce settlements where there is evidence that one of the parties lacked mental capacity. This is a worrying trend, especially if solicitors don’t get paid because they failed to recognise their client’s lack of capacity.
With the number of dementia cases predicted to double by 2030 and an estimated one in four people in the UK experiencing a mental health problem in any given year, assessing a client’s capacity to enter into a transaction or conduct litigation is going to become much more commonplace. I foresee a time in the not too distant future when all solicitors will have to carry out capacity assessments as a matter of course. As long as solicitors recognise and prepare for this, there’ll be nothing to lose our minds over.
“With the number of dementia cases predicted to double by 2030 and an estimated one in four people in the UK experiencing a mental health problem in any given year, assessing a client’s capacity to enter into a transaction or conduct litigation is going to become much more commonplace.” Whilst these statistics can be viewed as good news, our aging population and busier lifestyles do present challenges particularly in the area of mental capacity.
Currently in the UK an estimated 11 million people have depression and anxiety disorders, 2.6 million have personality disorders, 1.9 million have post-traumatic stress disorder, 1.5 million have learning disabilities, 1.4 million have bipolar disorder, 1.3 million have schizophrenia, 850,000 have dementia, 780,000 have panic disorder and 700,000 have autistic spectrum disorder. Statistically solicitors are likely to
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Northamptonshire Law Society
“Making Land Work?” Remember the Law Commission report of 2011? It’s been dusted off and we can now expect a draft Property Bill courtesy of Her Majesty in the Queen’s Speech of May this year.
This together with other measures such as the Neighbourhood Planning and Infrastructure Bill are designed to simplify the law relating to ownership and use of land. The Neighbourhood, Planning and Infrastructure Bill will provide new provisions to better enable the development of land, including eliminating the misuse of planning conditions and enhanced CPOs, plus more relevant levels of compensation. The Property Bill will, amongst other things, streamline the creation of easements and will rephrase restrictive and positive covenants as “land obligations.” It will purportedly be clearer that both types will bind successors. The intention is to deal with some specifi c issues including contributions to payment and maintenance of communal areas. The legislation will need to very carefully consider the wider implications of misuse of such positive obligations, not allowing any provisions that are too onerous. I cannot help feeling this is a sledgehammer to crack a walnut. I need not remind the reader that we fi nd ourselves in uncertain times. It is very important to protect the value and amenity of land and the law relating to covenants should facilitate that. The claims with which we deal are chiefl y about money and legal mechanisms whose original motives were to protect and are now being used to create a ransom scenario or nuisance in this increasingly litigious age. Rarely is the principle the actual concern. The current law relating to covenants and easements is complex, is that rightly so? The human mind is infi nitely complex, it evolves and times change. The law must surely do likewise to refl ect this.
Wesley Timothy –
Senior Underwriter, Real Estate Trading, DUAL Asset Underwriting
Cases that no longer work should be examined and overridden by specifi c statute if the status quo is unsatisfactory. We’ve seen this already concerning Village Green legislation. The pendulum of favour has swung from dog walker to developer more than once; the latest position enabling the latter to build, to generate jobs and help the economy without being thwarted by spurious claims. I fi nd it diffi cult to understand why the same swift action has not been taken to rights of light. The courts are slowly assisting with new thinking about injunction versus damages and the profi t driven developer versus the little person. Nevertheless, we are still left with an unsatisfactory Court of Appeal decision that realistically will not be challenged as a commercial agreement, and will always be the preference to the legal costs of a Supreme Court ruling. Will new high level legislation help or hinder us? If the new thinking overrides the way easements to light are established will a balance be found? We will of course be operating two systems: the old based on established and presumably ongoing case law and the new ‘simpler’ version. Jurisprudence 101 tells us that statute is the bare bones of the legal system, whereas case law adds the fl esh. It is highly likely that the new system will require interpretation of its wordings both to establish the meaning of the intention of Parliament and the impact of the provision on the specifi cs of the case at hand. In order to reach a satisfactory solution will we be tempted to slip back into established thinking, or will we start to build a new library of case law to run concurrently with the run off of the old? Ending, perhaps, on a positive note; there’ll certainly be a lot more work for all of us... The opinions expressed in this article are the author’s own and do not refl ect the view of DUAL as a whole.
Northamptonshire Law Society
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Northamptonshire Law Society
Northamptonshire Law Society Awards 2016 The brightest and the best of the Northamptonshire legal community were honoured at the 3rd Northamptonshire Law Society Awards. The achievements of Northamptonshire solicitors and the solicitors of the future were celebrated at The Marriott Hotel,
Northampton, at the Society’s Annual Awards Dinner. The event was compered by BBC Radio Northampton’s John Griff and awards presented by Edward St John Smyth, President of Society.
The Winners:
The NLS Prize for Outstanding Academic Achievement in 2016: Amy Leech Mick Sumpter of the University of Northampton said Amy’s achievements refl ect not only her excellent legal, academic and practical skills but also her genuine interest, enjoyment and enthusiasm for all law subjects that she studied. This was the case throughout all of her three years of her degree. Her particular passion was in Public law – only Amy could make a 10,000 word dissertation on Parliamentary supremacy a really fabulous read! In both her second and third years, Amy was a very valued and readily accessible student law mentor, willing to off er her time and guidance to support other students with their studies. Amy said, “I am so honoured to receive this award and would like to thank the Law Society. I also would like to thank my lecturers at the University of Northampton for all their support throughout my degree. Without their help, encouragement and inspiration, I would not hold some of the opportunities I have today, including the grades I achieved in my degree and starting my training contract with Shoosmiths LLP September 2017”.
The Fiona Moore Solicitor of the Year Award: - Kevin Rogers – Wilson Browne.
Fiona Moore was President of Northamptonshire Law Society in 2004, whose life was tragically cut short in 2014. This award is presented in her memory. This was another extremely close and tough decision for the Judges.
Kevin is Head of the Commercial Litigation Team and is also a Northamptonshire Enterprise Partnership Enterprise Adviser, attached to Guilsborough School, where his role is to build a bridge between the school and local business, devoting his time free of charge to the school and leveraging his (and the fi rm’s) business contacts for the benefi t of local students.
He also acts for local and national businesses and his case load is mainly complex breach of contract and professional negligence cases, but he insists on making time for consumers who need help too, off ering free initial appointments.
Excellent testimonials from clients and business partners plus Community contribution including pro bono work swayed the judges to award. Kevin said, “It is a real honour to receive this award. My wife Rachel, my immediate teams and my partners give me the time, understanding and practical support to be involved in activities beyond the provision of legal services, such as being a Non-Executive Director of the Northamptonshire Chamber of Commerce and an Enterprise Adviser, attached to Guilsborough School. We as a profession have a unique view on this county that I adopted in 2003. Today’s students are tomorrow’s lawyers, clients, entrepreneurs, employers and employees and I have really enjoyed the challenges that being involved in these two (very different!) external roles have brought. At the same time I am proud to have been voted in this year as Chairman of the Board of Management of Wilson Browne Solicitors, stepping into (but not filling!) the shoes of my partner Ika Castka, who is heavily involved in the Law Society. I believe that this speaks volumes for the attitude of the partnership as a whole, which is that the practise of law in this county goes beyond the billable hour, extending to what we can give back. I am, as I said on the night, humbled by this award, and thank you sincerely” 14
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Large Firm of the Year: - Shoosmiths.
This year deciding on the award winner has provided a very diffi cult challenge to the Judges. Shoosmiths are pillars of the legal community and a major UK law fi rm with a historical base in Northampton. It retains its largest branch in the town employing over 440 full time equivalent staff , the largest legal employer in the area. They provide a complete top quality service for commercial and private and public body clients as evidenced by their respective accreditations and awards. They have outstanding client recognition and community contributions with sound staff training and welfare. It is their belief that the bedrock for success continues to be its people, culture and value.
Junior Lawyer of the Year: Ahsan Khan – Shoosmiths.
As in previous years this category has proved very competitive with some extremely able and talented people not making the making this shortlist. Ultimately it was the excellent standard of work, support of colleagues, determination to succeed, contribution to the fi rm and commitment to pro bono and currently being the coordinator of an award winning pro-bono project run in conjunction with Shoosmiths, Central and East Northamptonshire Citizens Advice and the University of Northampton that were the deciding factors.
Ahsan said, “I am privileged and honoured to have won the award for Young Lawyer of the Year. I wish to congratulate all that were nominated and shortlisted; and would like to thank my family, Shoosmiths, Central and East Northamptonshire Citizens Advice and the University of Northampton Law School for their support and encouragement. The award is recognition for the pro bono work that I do as co-ordinator of the pro bono scheme in conjunction with Shoosmiths, Central and East Northamptonshire Citizens Advice and the University of Northampton Law School. I hope that this award inspires and encourages more people to get involved in pro bono work. Finally, I would like to congratulate Phil and the Northamptonshire Law Society on, once again, putting on a fantastic event.”
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David Parton, Partner at Shoosmiths said, “We were delighted to collect the Northamptonshire Law Society’s Large Law Firm of the Year Award, recognising the talents and contribution of our staff to our Northampton businesses and also their efforts to put something back into the town supporting local charity and community projects. Whilst Shoosmiths is now a national legal brand, our roots and a substantial part of our workforce works out of Northampton from where we provide our national Conveyancing, Recoveries Services and Access Legal Injury & Clinical Negligence businesses. We have recently extended our commitment in Northampton, by renewing our lease at the Lakes to 2031 and we intend to continue to be a major legal service provider and employer 170 years on from when Shoosmiths opened for business in the town.”
Small Firm of the Year: SP Law Solicitors Inc. Martin Adams & McColl
All 3 firms shortlisted for this category were highly commended but it was the emerging and interesting small firm that is offering a relatively diverse practice reminiscent of a more traditional small firm of the past that caught the Judges’ eye. In this role they are engaging with the community in offering training contracts, apprenticeships and work experience as well as its members taking part in a range of charitable activities. Notwithstanding the breadth of its work it is maintaining standards, as demonstrated by accreditations and offering services to particular areas of need e.g. to clients whose first language is not English and promotions and offers encouraging those to seek help before a problem arises. Northamptonshire Law Society
Hassan Shah said “It is a real honour for the firm to be recognised by the Northamptonshire Law Society in this way. We are very fortunate to have a great team here at SP Law and their hard work has made this award possible”.
Lifetime achievement award: Michael Reed – Lamb & Holmes.
Fifty years ago Michael Reed as a teenager playing semi-professional football and with ambitions to join the RAF was told by his dad to “get a proper job”.
Fifty years later Michael is still enjoying being part of a team, which includes fellow Partner Edward Lamb, who is a direct descendant of the founder Henry Lamb. He is a Past President of this Society, past chairman of Kettering round Table, President of the Northamptonshire Golf Union, Past President and member of the Rotary Club of Kettering and is a Past Captain and still a member of Kettering Golf Club. His 10 year spell with Kettering Town Football Club from the late 1960’s included being part of the team to take the Poppies to the third round of the FA Cup and also play for England’s youth squad.
Michael, who grew up in Kettering, still takes pride in working for a law firm that was founded in 1813. Major changes in technology have transformed ways of working and has changed the law considerably, as most lawyers now specialise in only one topic. Unfortunately Michael was able to attend the Award dinner and Edward Lamb collected the award on his behalf.
Mr Reed said “Thank you so much for this Award. It means a lot to me. I am proud to be a member of a profession that first and foremost puts honesty and integrity above all else. I am lucky to have worked all my life for one firm. It say a lot for all my past and present colleagues. My dear friend Edward Lamb collected the Award on my behalf and deserves the award as much as I”
Look out for the announcement date of next year’s Awards which will again be held in September.
The Society would like to thank the Patrons of the Society, The University of Northampton, QPI Legal Ltd and Hawsons Chartered Accountants, Brighter Law Group and Landmark Information Group for their support of this event. Also the event sponsors for the dinner, Landmark Information Group and Wilson Browne LLP.
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Northamptonshire Law Society
Northamptonshire Theatre Christmas Preview 2016
Much like retailers takings, the success of a theatre’s show at Christmas is often vital for its yearly budget. Pantomimes are of course the common ingredient for many theatres, however for that special family trip at Christmas, it doesn’t have to be of the “Behind you!” variety. The Royal & Derngate in Northampton has perhaps the most anticipated show in the county this Christmas as taking to the stage of the Royal is the European premiere of the Tony-award winning Peter and the Starcatcher. The production directed by Luke Shepperd (In The Heights) sees twelve actors perform over 100 characters in the play set in the magical world of Neverland. The show runs from the 29th November right through into January.
If you have children under seven, the Underground at the Royal& Derngate has its own spin on the story with an interactive trip to Neverland in the show Second Star To The Right. You can make your trip to the magical kingdom from Friday 2nd December.
At the same venue in the Derngate the auditorium is the traditional pantomime and this year it is Jack and the Beanstalk. The guest performers for the show are Blue star Simon Webbe as the titular character, while playing Princess Apricot will be Ashley Butler who will ably supported by her canine sidekick Pudsey. Jack can be found from Friday 2nd December onwards.
“...The amateurs are also up for a touch of thigh slapping pantomime....” Other panto action in the county includes Eastenders’ Cheryl Fergison in Kettering’s The Lighthouse Theatre production of Beauty and the Beast from 10th December, while the Looking Glass Theatre presents Robin Hood and The Babes in the Wood at St Peter’s Church, Northampton at the end of December and early January. Northampton’s The Deco Theatre brings to the stage the Snow White and the Seven Dwarfs tale from 9th December for further “he’s behind you” antics!. If pantomime is not your thing, you can get another version of the Snow White tale at The Castle Theatre, Wellingborough as they welcome the Russian Ice Stars from the 14th December with their own interpretation of the fairytale. The Corby Cube also has a very traditional tale as they bring a little Scrooge to the stage with their new version of the Charles Dickens classic, A Christmas Carol from the 8th December. Just before the December month arrives on the 26th November, there are some creepy goings on as Starlight Dance and Musical Theatre School present The Grey Lady in The Masque Theatre, Kettering. This collection of Northamptonshire ghost
and folk stories is likely to chill you to the bone and have you heading for an early mulled wine to calm your nerves.
Amateur theatre in the county also make their marks on the Christmas theme. Perhaps one of the most classic tales comes this year from Northampton’s Masque Theatre, who present It’s A Wonderful Life. This inventive adaptation of the Frank Capra original translates it to a radio play written by Joe Landry. The wonderful Holy Sepulchre Church hosts the show from Tuesday 13th December.
There are two opportunities to see Alan Ayckbourn’s Season’s Greetings the same week in December. This allows you to have your chance to experience someone else’s dysfunctional family Christmas in this classic farcical comedy with a black edge. Both The Playhouse Theatre and Moulton Theatre will be performing the play during the week commencing 5th.
The amateurs are also up for a touch of thigh slapping pantomime. Duston Players bring anarchic action to Little Red Riding Hood from 7th December, while Group Eight Theatre Company perform at the Memorial Hall, Hackleton, with their original take on The Musketeers, comically subtitled Le Panteau. Performs from the 1st December for some early Christmas thrills.
By Kevin Evans
Follow me on twitter @asmallmind
COMPETITION TIME! The Royal and Derngate in Northampton have kindly donated family tickets (2 adults x 2 children) for a showing of Peter and the Starcatcher from Tuesday 29th November – Saturday 31st December.
By correctly answering the question below you will be entered into a draw that will be made by the President on 10th November 2016. Closing date for entries is 9th November 2016. Question:-
How many actors perform the 100 plus characters in the production of Peter and the Starcatcher? Send entries by email to philsmithdw@aol.com
www.northamptonshirelawsociety.co.uk
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Brexit:
Probate Court Fees
Northamptonshire Law Society
Inheritance tax, Probate applications, Trusts & Estates For we private client lawyers, the appointment of a new Chancellor of the Exchequer always comes with a certain amount of nervousness. How will the new Chancellor deal with the tax that affects us most – Inheritance Tax? Will the ship remain on the same course set by the previous incumbent or will he take the helm and lead us into new uncharted waters?
So, what were we expecting? Firstly, back in February, we learned that the government is considering a massive hike in court fees for probate applications. Our clients are currently required to pay a flat fee of £155 to process an application for a grant of probate. This flat fee had already risen from £45 in 2014. Individuals who do not use a solicitor to prepare their probate application are currently required to pay a flat fee of £215. Once the grant of probate is issued by the probate registry, the executors will be able to prove that they have authority to deal with the property, money and other possessions belonging to the deceased when they died. Not every estate needs to go through the probate process but the government has estimated that each year, 270,000 applications are processed. The proposal is that the simple flat fee system will be replaced by a tiered charging structure, corresponding with the value of the deceased’s estate. In a move to generate approximately £250m per year, estates worth less than £50,000 would pay no fee, but if the deceased’s estate is worth any more than that, the charging structure will kick in. This could see estates valued at just £300,000 paying £1,000 just in court fees! An estate valued at £500,000 would have to budget £4,000 in court fees and if your estate is worth more than £2m, you will be charged a whopping £20,000 for your trouble! Even if you are not paying inheritance tax, you may still be liable for the new probate fee charge. We will have to see what our new Chancellor decides to do about this. Secondly, we were expecting changes to inheritance tax, as announced by George Osborne in last year’s summer budget. Inheritance tax has always been something of a political hot potato with many voters feeling that it is an iniquitous tax, charged on those who have worked hard and already paid plenty of tax throughout their lifetimes. Clearly the Brexit decision is going to have an impact, one way or another, on our economy and the way that our taxes are set. Provided plans remain unchanged, we are about to enter the new age of the Additional Nil Rate Band (ANRB). From April 2017, the ANRB would be available to certain individuals to add to their existing Nil Rate Band (currently £325,000). The ANRB attaches to the family home and will come into effect in stages over the next four years starting at £100,000 from April 2017 and increasing in increments of £25,000 over the three
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subsequent years. Therefore, when it reaches its maximum of £175,000 by 2020, married couples or civil partners leaving their family house to direct descendants could pass on up to £1million of their joint estate to those descendants. The arrangement is not so generous if you are leaving your assets to those other than direct descendants. Thus a couple leaving assets to nieces and nephews will not benefit from the ANRB. However, as always, the devil is in the detail and it remains to be seen how gifts to discretionary or non discretionary trusts will be treated. However, if you are eligible for the transferrable nil rate band, getting it or indeed the ANRB will not be automatic. There will be forms to complete to make a claim for these allowances and information required for those forms which may be difficult for your families to obtain after your death but which you may, with some forethought, be able to provide easily. Therefore, whether you have a will or not, it would be wise to be aware of any changes that may come and to review your testamentary arrangements and your IHT situation in the light of those changes. In the weeks and months to come, we will see on which course the new Chancellor decides to take us. Brexit has brought uncertainty in many areas. Many clients ask me what my number one top tip would be to save IHT…. and my answer is always the same “Spend it!”. That is then usually qualified by what should it be spent on and my answer remains the same “Very nice wine that you drink and don’t lay down and some very nice holidays!” Given some of the post Brexit scare stories that we are hearing about the higher costs of trading with our European cousins, we best get on swiftly with both of those plans! Alyson Coulson
The Association of Probate Researchers (APR) welcome the news that lower valued estates will be fee free, as it is vital that more estates go through the correct channels and obtaining a Grant is a critical step. The decision by Lord Chancellor Chris Grayling in 2013 not to extend the list of reserved legal activities opposing the recommendation of the Legal Services Board (LSB) to cover will writing, and the following year the government decision not to extend the scope of regulation, has been one of the biggest failings in recent time. Obtaining a Grant should not be a financial obstacle on smaller estates they are vital to help combat fraud. However the proposed fee scale for larger estates is still unclear and any attempt to calculate the fee on the gross as opposed the net value would seem totally unfair. Neil Fraser, Chairman www.a-p-r.org
The law is a mess when it comes to Euthanasia
In 1993 the House of Lords, then the highest court in the UK, ruled that it would be lawful to withhold life-sustaining medical treatment from Anthony Bland. Anthony had been crushed in the Hillsborough disaster and as a result his brain had been starved of oxygen leaving him in what doctors described as a persistent vegetative state. Anthony had no hope of recovering and their Lordships held that where it was not in a patients ‘best interest’ to be kept alive it would lawful to cease treating them. Their Lordships also called on Parliament to introduce a law clarifying issues around euthanasia; however there is still no clear statute on the issue.
Where an adult patient of sound mind expresses a clear desire that treatment be ceased the common law however is clear. Simply any touching of another against their consent would constitute the crime of battery. It is everyone’s inalienable right to be left alone, even if in doing so you are leaving them alone to die. This is what was reported on in the press recently when Nina Adamowicz won the right to demand that doctors turn off the pacemaker that was keeping her alive, Nina died in her sleep as she wanted. To persist to subject Nina to invasive medical intervention without her consent, even if that intervention was keeping her alive is legally and, I believe, morally wrong. This is very different from how Belgian paralympian Marieke Vervoort recently said she wishes to die and the two cases highlight a contrast at the heart of English law. Marieke’s disability is degenerative, leaving her in chronic pain and subject to frequent fits. This has led
her to contemplate an assisted death, where her doctor would help her to end her life. In Marieke’s native Belgium, which has one of the most liberal laws on assisted dying in the world, such a death would be lawful. In contrast in English law assisting another to die is a criminal act.
English law draws a clear legal distinction between killing and letting die which has no clear moral basis and in reality leads to secrecy and confusion. It is, for example, lawful for a doctor to prescribe a fatal dose of a painkiller like morphine to a patient if the primary purpose is to relieve her pain; that the patient will inevitably die as a result and the doctor knows this is ignored in law. Traveling abroad for an assisted death is a grey area, although nobody who has accompanied a loved one abroad to die has yet been prosecuted, if you were to be prosecuted you could face up to 14 years in prison. These examples highlight the peculiarities of English law which draw distinctions where there is no moral justification for such. I am not, on this occasion, calling for the legalisation of physician assisted dying. The point I am trying to make is that English law is a mess which leads to secretive practices and a lack of clarity. Wherever the law decides to draw the line between what is lawful and what isn’t that line should be clearly drawn so we all know with certainty what our rights are.
Nick Cartwright, Senior lecturer in Law at the University of Northampton
Northamptonshire Law Society
Euthanasia translates directly as an ‘easy death’, however English law on euthanasia is anything but easy to understand and is in desperate need for reform as the recent death of Nina Adamowicz and Belgian athlete Marieke Vervoort’s desire to be assisted to die demonstrate
Northamptonshire Law Society
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Northamptonshire Law Society
Attain’s Top tips on Part 36 On a daily basis we at Attain consider or make Part 36 offers. Here are some of our top tips. Be wary of Part 36 offers accepted out of time
Claimant accepting Part 36 offer out of time
Where a Part 36 offer is accepted after the expiry of the primary acceptance period, there is no deemed costs order. This means if the parties are unable to decide the liability for costs then it is for the Court to decide.
The usual costs consequences will apply unless it is unjust for them to do so.
CPR 36.13 (4) sets out the position clearly:Where a Part 36 offer which relates to the whole of the claim is accepted after expiry of the relevant period ….. the liability for costs must be determined by the court unless the parties have agreed the costs.
A Part 36 offer can be a counter-offer in common law A Part 36 offer is still classed as a counter offer and has the effect of rejecting any previous without prejudice save as to costs offer. This was confirmed in the case of DB UK Bank Limited (T/A DB Mortgages) and Jacobs Solicitors [2016] EWHC 1614 (CL). The Judge favoured the Defendant’s submission and commented that because the initial offer was made in common law, the impact is that any counter-offer has to be addressed by reference to common law principles.
If a party makes a without prejudice save as to costs offer which may put your client at risk, be careful making counter offers on this basis unless you know the offer will be capable of acceptance after the counter offer has been made. This may not change your understanding of the law, but it should impact your tactics and will require careful monitoring of all offers and counter-offers.
Part 36 offers can break the cap on provisional assessment costs Where a Part 36 offer is made during costs proceedings and the Defendant does not beat the Claimant’s Part 36 offer, the Court can remove the provisional assessment costs cap and award costs on the indemnity basis. The decision was made in the case of Lowin v W Portsmouth & Co Ltd (20/06/16 currently unreported but the case summary is available on lawtel) which is only a first instance case but with a very important decision. The decision will encourage parties to accept reasonable costs offers otherwise they will be at risk of the costs penalties pursuant to Part 36. This case stresses the importance of pitching Part 36 offers in the right place.
In the case of ABC v Barts Health NHS Trust [2016] EWHC 500 (QB) a Defendant Part 36 offer was accepted out of time. As the parties were unable to agree the costs liability the Court was asked to consider whether the usual costs order under Part 36.13(5) would apply or whether it would be unjust to do so. The claim was pleaded at £230,000.00 and settled for £50,000.00 10 days before trial.
The Judge confirmed that Part 36 was a self-contained code and the Claimant’s conduct was not enough for the Court to depart from the usual rules regarding Part 36.
Defendant accepting a Claimant Part 36 offer out of time Indemnity costs were awarded to the Claimant where a Claimant Part 36 offer was accepted out of time.
After taking into account all of the circumstances, the Judge found in the case of Sutherland v Khan Kingston Upon Hull County Court [21 April 2016] that there would have to be some, ‘pretty exceptional findings’ for the usual cost consequences not to apply. The very fact that the Claimant obtains a windfall does not constitute unjustness.
Part 36 regime trumps the fixed costs regime The Court of Appeal in Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94 found that the tension between the fixed costs and Part 36 rules must be resolved in favour of the Part 36 rules. Therefore where a Claimant makes a successful Part 36 offer in a fixed costs case (CPR 45.29), the Claimant will be awarded fixed costs for the stage reached at that point (CPR 4.29C Table 6B) and will then be awarded costs on the indemnity basis from the date that the offer became effective. The additional amount awarded for beating a Part 36 offer does include contractual interest
If a case involves contractual interest and the Part 36 offer made is beaten, then make sure the additional amount pursuant to CPR 36.17(4) includes the contractual interest as well. The case of Bolt Burdon Solicitors v Tariq & Oths [2016] EWHC 1507 QB refers.
It is important to make Part 36 offers even up to the appeal stage In the case of Summers v Bundy [2016] EWCA Civ 126 a Part 36 offer was made between the first instance decision and the appeal. The Part 36 offer was beaten at appeal and the Claimant was awarded costs on the indemnity basis following the end of the relevant period.
Attain had recent success at an oral hearing where a successful Claimant Part 36 offer was made after the provisional assessment but before the oral hearing. The Claimant recovered all of the Part 36 benefits including the additional amount and enhanced interest.
Nicola Magrath is a cost specialist (Non-practising Solicitor) at Attain, specialising in costs negotiations for both receiving and paying parties. nicolam@attaincosts.co.uk or call 01664 565325
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
25 years at Lady’s Lane I was honoured to be invited to the celebration held at the Court at Northampton on 22nd July 2016, to celebrate 25 years of the Court at Lady’s Lane Northampton. It was a wonderful celebration attended by so many people associated with the Court in all sorts of ways over the years. I am sure that all who attended felt that those 25 years had passed by so quickly. There was a good feeling of pride and association amongst those who attended. It was lovely to see some people who I had not seen for some time. Thank you to the Court for my invitation. I would like to share this occasion with you and set out below the speech given by His Honour Judge Mayo which I am sure you will find very interesting.
HHJ Mayo Speech A warm welcome to everyone who has attended tonight to celebrate 25 years in this court centre. I am particularly pleased to welcome both presiding judges of this circuit which is concrete proof of the great interest which you show in us. Or perhaps you are here to keep a beady eye on proceedings tonight.
Welcome too to our local dignitaries: the Lord Lieutenant and Mrs Laing, the High Sheriff and Under Sheriff , representatives of the county and borough councils, retired judges and staff , the Bar, solicitors and all other court users. The Judges who sit here are the hosts of the evening and our guests of honour are the permanent staff , court clerks, ushers, probation offi cers, witness service volunteers, and other support staff . The Judges here have decided to hold a party to thank all of those who have given unstinting and loyal service to us over these 25 years.
The continuing economic constraints in the UK have imposed enormous pressures on HM Courts and Tribunals Service. Cuts in funding for representation in civil, criminal and family cases has meant that the unqualifi ed staff here have to fi eld an increasing number of queries from the public. Equally, staff numbers have shrunk dramatically whilst innovative systems of work and job titles have been imposed from above. Despite these turbulent circumstances, everyone who works here has remained cheerful and industrious. The evidence of this hard work is plain for all to see: Northampton remains amongst the most effi cient court centres in England and Wales. It is interesting to note that when this building was fi rst opened, the High Court Judges who came here on circuit were reluctant to use these shiny new facilities. They wished to remain in the Lodgings in George Row and to make the arduous commute 22
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through the door from the Judicial drawing room into Court 2. With the court closures imposed upon us, one of the contingency plans being given active consideration to now is the use of the two courtrooms in the sessions house all over again. It is not just the return to Number 10 of a lady prime minister, the return of the Vauxhall Viva and the popularity of pac man gaming machines which bring us back to 1991.
I am not going to bore you with statistics, but this remains one of the most effi cient crown courts in England and Wales. We receive the same number of cases per year as the Central Criminal Court at the Old Bailey. The big diff erence is that they have 14 courts and we have 3, or, when we are really lucky, 4. We campaign for more court rooms and for more judges to cope with our huge backlog in family and crime cases and hope that solutions can be found soon. But Northampton is the birthplace of case management: in the days of Plea & Directions hearings, HHJ Francis Allen ran a ruthlessly effi cient court. Holding his hallmark pencil aloft, he would ask what the case was about. He asked what the defence was. Barristers were shocked to the core when this started. We were used to a Not Guilty plea being off ered, no questions asked and then off back to Chambers. Judge Allen’s most famous phrase was “he won’t come” if he thought that the attendance of a witness was not justifi ed. This was ground-breaking stuff 25 years ago. Advocates were warned in a letter (before the days of Practice Directions) that to say “it’s not my case” would not be acceptable.
Judge Allen’s ruthless and cheerful effi ciency was followed by Peter Crane. It is truly sad that both of these excellent judges had horribly short retirements. But I was buoyed up to receive a letter from Francis Allen’s widow, Sheila who passed on her good wishes, reminding us of the eff ort put in by him in the design and execution of this building and how much Judge Allen enjoyed this elephantine task.
Judge Julian Hall followed on as Resident Judge; his countenance was always calm. As an advocate appearing before him, this could be un-nerving as it was often hard to see which way the wind was blowing. He was unfailingly kind, but not afraid to let his own feelings rise to the surface. The judicial hanky appeared from time to time. He continued with the ruthless efficiency of his predecessors here.
Barclaycard celebrates its 50 year anniversary this year. Because it was based here, the sexily-named Bulk Issuing Centre was based in Northampton too. Our civil courts are equally efficient and the judges here are well-served by a team of staff downstairs. In family law, the judges and court staff have had to cope with a local authority which has only just emerged from Special Measures. New time limits for care cases have come into force, imposing even more pressure on the system. All those involved in this work have worked tirelessly to see that the judge has the right files and that the correct people are summoned to court. Behind the scenes, we are all helped by caterers, cells staff, jury bailiffs, the witness service, security staff, cafcass and probation officers. Visiting judges and recorders all comment
It is invidious to name names: I am going to name two people: Mike Parker is a legend in cool. He has an unenviable job in charge of listing. Every decision he takes will upset somebody. He has solicitors and stroppy judges eating out of his hand. A judge will look aghast at the list that Mike has prepared before sensibly slipping off home before 5pm. The court office may tell the judge “Mike put those cases in and says let’s see what happens”. Almost without fail, Mike has read the runes correctly and what looked at first blush like fifteen hours’ work can be done in a day.
Northamptonshire Law Society
This efficiency was codified by a lawyer of immense skill who taught me all I know about criminal procedure and tactics when he was my pupil-master, HHJ Wide. He was not content with just being an effective manager of cases, he wanted all of this put into a written code for others to follow. From Escoffier to Fanny Craddock to Jamie Oliver, top chefs have written down their recipes for amateur cooks to try out for themselves. Charles Wide, and a battery of other judges did just the same and gave birth to the Criminal Procedure Rules and the Practice Direction. All of this wisdom emanates from Northampton.
on how friendly this place is. A lot of that is down to the permanent court staff here. We are all grateful to them.
I also want to thank Christine Fox. She is an usher and undergoing the incubation process to become a court clerk. Chris is not trained in electronics or computers. Yet she is the one on whom we all rely when technology fails or when a phone call is needed to an uninterested provider of services such as Martin Dawes or Vodafone. Chris has helped me today by putting together the display downstairs from material kindly lent by the Northampton Chron and Judge Terry Lynch. I hope that this provides a reminder of the past quarter century and the characters who have peopled this court over this time. HHJ Mayo.
Ruth Taylor Hon. Secretary Northamptonshire Law Society
CHARTLANDS CHAMBERS Serving the Midlands and beyond
Chartlands Chambers was formed in 1995 by its Heads of Chambers Mrs Jane Page and Mrs Joy Pinkham. From its early beginnings, Chartlands has sought to provide a friendly, approachable, and dedicated service for local solicitors and others, as well as providing legal assistance further afield throughout the Midlands and beyond.
Chartlands has steadily grown over the years, and now concentrates largely on its extensive Family Law practice, with some General Civil work, and with one member running a highly successful Immigration and Asylum practice. Members of Chambers regularly act for parents, local authorities, and guardians in Public Law family cases, as well as maintaining a busy Private Law practice including Children Act cases, and financial remedy matters.
Chartlands has also now established a Public Access team, who are available to represent lay clients directly in Family Law and Immigration cases. It has been found that this service actually works extremely well in conjunction with solicitors who may have represented clients at one time, or who are unable to act for them now. It also acts as a useful service for those lay clients unable to obtain Legal Aid for their cases.
The Senior Clerk/Practice Manager is Mr. Andrew Davies, who holds 25 years of clerking experience. One of his roles is to go out to those who instruct Chambers and put a face to a name, something which he enjoys and hopes strengthens links with clients. The entire clerking team pride themselves on being friendly and approachable, keen to help, and guide as necessary.
The work of Chambers includes conducting hearings in all levels of courts – High, County, Magistrates’, Tribunals, Inquests and so on.
There is also a strong advisory element to Chartlands’ work, including written opinions, drafting of documents, and advising in conference. Members of Chambers are happy to travel to the offices of those instructing, to hold meetings.
At the heart of the practice is a dedication to equality and diversity, and Chartlands prides itself on giving equal opportunities to all in the workplace. Pupillage and work experience opportunities for those seeking legal careers, are important to Chambers, and members are keen to help and develop future legal minds.
As Chartlands begins a phase of providing CPD accredited seminars, they are keen to expand their horizons and provide new services to clients. Members always welcome recommendations and suggestions of how they can improve service, and provide more help to those who instruct them.
Should you require any further information, please contact the Senior Clerk Andrew Davies on 01604 603322, or andrew@chartlands-chambers.co.uk
www.northamptonshirelawsociety.co.uk
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Northamptonshire Law Society
10 questions to ask your outsourced cashiering provider Outsourcing is a strategy increasingly adopted by law firms eager to operate more efficiently and focus on their priorities of fee earning and business management. But, before engaging an outsourcing provider, careful screening is recommended. To help you, we’ve compiled 10 top questions…
1. Who will manage my account? As you’ll be working together closely, will a dedicated individual be handling your day-to-day tasks and is there an assigned deputy for absence cover? Also, who heads up the team? Over time, you’ll need to interact with your cashier, deputy and supervisor so chat over the phone or meet face-to-face to decide if you’ll get on well.
2. Do you have a proven track record in my industry? Specialist suppliers to the legal profession are well versed in how you work and the challenges you face. Check credentials, ask about service level agreements and request reference sites. Speak with a handful of these existing customers for honest feedback about service quality and overall satisfaction to assist your purchase decision.
3. What’s the status of your financial health and ownership? This is potentially the beginning of a long-term partnership. Probe into the supplier’s profitability, stability and longevity. You might want to review their balance sheet at Companies House as a starting point. Successful, independently owned, longstanding businesses are preferable for obvious reasons.
4. What are the costs to outsource? Secure detailed pricing up-front to avoid any nasty surprises from hidden costs later on. Do any add-on fees apply for various outsourced service components? What happens if your business changes? Will the service scale up or down alongside you? Finally, weigh up the final pricing structure against the inhouse alternative – employing staff and purchasing software – to get the total pricing picture. 5. What are your security measures?
Enquire about encryption, firewalls, password protection, physical data centre anti-intrusion systems, regularity of software updates and back-up procedures. In the rare event of a security breach, what’s the provider’s response plan? How will they handle incidents and rectify any ensuing data or financial losses? Seek minimum ISO 27001 standards and a business continuity plan.
6. How quickly can I get up and running? How long will it take to set up and configure your database in order to make the switchover to outsourced support? Likewise, for the supporting software package (if provided), what time period’s required for granting access and delivering end-user training? Along the way, is there a migration plan to ensure a smooth transition? Allow up to 6 weeks.
7. What are my minimum contract terms and how do I terminate? Life happens, circumstances alter and cancellation can become a necessity. What’s your escape strategy and who owns your data? Read the standard contract small print so you know exactly how long you’re committing yourself to at the outset. Your provider should act as custodians of your data so ensure you’re offered transitional assistance with data provided in an appropriate format for your retention if the relationship comes to an end.
8. What happens if I have a problem out of hours or receive notification of a compliance visit? The norm is 9am-5pm support with 24/7 system access for your accounts and matter data. If you’re informed of a compliance visit from a governing body, however, can you contact your provider for assistance preparing reports and other documentation? And, are they available during the visit itself should any queries arise? Any self-respecting provider should be willing and able to provide this type of back up, even if it’s over-and-above the normal call of duty.
9. What other outsourcing services do you offer? Some providers will have an extended range of offerings so you can take advantage of optimum outsourced support, for example payroll and pension management. If they offer software too, better still. ‘One-stop-shop’ provision takes convenience to a new league because you have one point of contact for everything.
10. Why should I outsource anyway? If you’ve got retiring, resigning or long-term absent employees, and if you’re just a tiny bit curious what positive impact outsourcing may have on your business, then begin your enquiries. Outsourcing isn’t always the answer but imagine the possibilities if it is. Julian Bryan joined Quill Pinpoint as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 35 years’ experience supplying outsourced services and software to the legal profession. To contact the Quill team, call 0161 236 2910, email info@quill.co.uk or visit www.quill.co.uk/cashiering.
The government’s decision to retain the anti-money laundering (AML) consent regime will come as a relief to solicitors who were potentially facing an unjustified removal of legal cover for meeting their obligations to report suspicious activity, the Law Society of England and Wales said today. The government’s response follows an AML and counterterrorist financing consultation earlier this year, and includes the release of the Criminal Finances Bill to give legislative effect to the revised proposals. ‘The Law Society remains committed to working alongside government to maintain the solicitor profession’s role as a key ally in the fight against money laundering,’ said Law Society president Robert Bourns. ‘In our detailed response to the government’s consultation we raised a number of concerns, and it is gratifying to see the government taking these concerns seriously, making positive changes to their proposals to account for them.’ Proposals to reform the Suspicious Activity Reporting regime by removing the defence for professionals provided by consent were strongly opposed by the Law Society.
This defence gives important protection for reporters of suspicious activity from the wide-ranging money laundering offences, and without it, or a corresponding change offering an equivalent level of protection to reporters, the regime would have been over-criminalised and fundamentally unworkable for solicitors. The government agreed with the Law Society’s concerns, and has put these proposals on hold. The Law Society also raised concerns over proposals for a new Unexplained Wealth Order, which would force an individual to prove that assets had been lawfully obtained, submitting that this was a breach of the presumption of innocence and required proper judicial scrutiny. The government has now announced it will implement these proposals using existing powers that have proper judicial oversight, ensuring the rights of individuals are protected. ‘It is also reassuring to see the government has listened to our calls for the need for express protection in the new bill for legally privileged material. After a number of recent inadvertent and deliberate threats to this fundamental part of the solicitorclient relationship, it is positive to see the government protecting privileged communications from the outset in this instance,’ said Robert Bourns. ‘While aspects of this bill will require some fine-tuning, these proposals serve as an example of how working constructively with professional bodies can produce better legislation - legislation that delivers the government’s aims without compromising the rights of its citizens. ‘Although there is still work to be done to ensure solicitors’ front-line role in combating money laundering is properly recognised and supported, we thank the government for listening to the concerns we raised and making positive changes to respond to those concerns. The Law Society looks forward to continuing to work with the government as these proposals progress.’
Northamptonshire Law Society
Government’s response on anti-money laundering consent regime welcomed
Northamptonshire Law Society
Taking a Closer Look at Pensions Over the last few years, successive Governments have, in turn, squeezed tax planning opportunities relating to income from earnings and investments. Tax on dividend income, reductions in interest relief on property rental income and the tapered reduction in personal allowances for higher earners have all had an impact on tax mitigation planning. Many of our clients are taking a closer look at the opportunities that pension planning can offer. If you are a higher earner, pension contributions can be a very tax efficient way of saving for your future. However, changes came into force from 6 April 2016 which will reduce the relief available for some individuals with high incomes.
Generally personal pension contributions, whether you are a basic, higher or additional rate taxpayer, received basic rate tax relief of 20% (subject to the maximum requirement of the higher of £3,600 per annum or 100% of net relevant earnings, which is explained below). The basic rate relief is paid directly into your pension pot by the government, i.e. £8,000 paid in by you equates to a total gross contribution of £10,000.
Higher or additional rate taxpayers could claim further tax relief up to a total of 40% or 45%, i.e. a further £2,000 or £2,500. Following the previous example, this means you could receive total tax relief of £4,000 or £4,500 on a net contribution of £8,000.
Pension contributions can also mitigate the loss of your tax free personal allowance. If your income exceeds £100,000 you lose £1 of your allowance for every £2 of that excess, meaning you could be paying at a marginal tax rate of 62%! Pension contributions reduce what is known as your ‘adjusted net income’ for these purposes. Therefore, you could potentially retain all of your personal allowance if you make large enough relievable contributions.
“...Under the new rules, there are opportunities for pension pots to pass through to the next generation tax free or at less punitive rates....” Similarly, if your income exceeds £50,000 and you are affected by the child benefit clawback charge, pension contributions will reduce your adjusted net income for these purposes and could therefore mitigate the loss of your child benefit.
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by Richard Burkimsher Partner in Northampton Hawsons Chartered Accountants
The amount of personal contributions you can receive tax relief on is restricted firstly by your ‘net relevant earnings’, which includes income from employment, self-employment, partnerships, etc. but not things like income from investments, rental properties, etc. You can receive tax relief on pension contributions up to the gross equivalent of your net relevant earnings each tax year.
The annual allowance also limits the tax relief you can receive on your contributions. It is currently £40,000 (having previously been as high as £255,000 in 2010/11). You can carry forward unused amounts of annual allowance from the previous 3 tax years, providing you were a member of a registered pension scheme during the earliest year. Employer contributions are also included when calculating total contributions made for the purposes of the annual allowance.
From 6 April 2016, the annual allowance was reduced for those with incomes exceeding £150,000, by £2 for every £1 over this threshold. However, the minimum annual allowance remains at £10,000, even if your income exceeds £210,000, so you will still be entitled to £10,000 of allowance if your relevant earnings exceed that amount. Income for these purposes includes employer contributions and some types of personal contributions. In addition to the changes above, there has also been a further reduction to the lifetime allowance to £1 million.
In addition to mitigating current year tax liabilities, further changes in the pensions regime have had a significant impact on Inheritance Tax Planning. Under the new rules, there are opportunities for pension pots to pass through to the next generation tax free or at less punitive rates. Where a pension fund holder passes away before the age of 75, subject to certain conditions, beneficiaries can now inherit funds tax free although some restrictions do apply. For those who survive after 75, the opportunities for beneficiaries to manage their tax exposure are now much greater and more attractive. What is evident is that the links between income tax planning, pensions, inheritance tax and estate planning have never been closer and this only highlights the need to get the right advice before setting out your own personal plans.
If you would like to discuss any of these changes and how they may impact on your own position, please do not hesitate to contact me by e mail (richardburkimsher@hawsons.com) or by phone on 01604 645600.
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Northamptonshire Law Society
Vet charity PDSA launches nationwide Free Will scheme Veterinary charity PDSA, which provides care for sick and injured pets of people in need, has launched a nationwide Free Will service for pet lovers and is seeking solicitors to join its programme. The charity’s vets and nurses provide over two million treatments every year, helping 300,000 owners who would otherwise be unable to afford veterinary care for their pets. Two out of three of the free veterinary treatments the PDSA performs annually are funded by gifts in Wills, making the charity one of the UK’s most popular beneficiaries among legators.
Ruth Lister from PDSA says: “Legacies make up a vital part of PDSA’s funding. When we piloted our Free Wills scheme, we had a fantastic response from animal lovers who chose to leave a gift to us. This lasting legacy shows their love for pets by helping us provide our life-saving veterinary services across the UK.”
PDSA will pay participating solicitors a fee to write a simple or mirror Will. Clients may then choose to leave a gift to PDSA in their Will, although this is not compulsory. The scheme will be promoted extensively in selected regions
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across the UK this summer, driving appointments with PDSA’s partner solicitors.
“PDSA has been saving, protecting and healing pets for nearly 100 years and we are one of the most popular animal charities to offer this free Will service,” said Ruth. “We hope solicitors will add us to their current list of Free Will charities, or work with us to provide free Wills for the first time.” PDSA’s offer of a free simple Will or Codicil is available to individuals or couples over the age of 50, with the opportunity for solicitors to build up ‘Will banks’.
Ruth added: “As well as the financial benefits of Willwriting services, this is a great opportunity to promote your corporate social responsibility by supporting one of the UK’s best-loved charities.”
For more information about joining PDSA’s Free Will offer, please visit www.pdsa.org.uk/freewillor call Ruth Lister on 01952 797274.
www.oyezgateway.co.uk New digital submission portal Tel: 0845 017 5517 will facilitate submissions to Government authorities According to government statistics, there are currently more than 650 transactional services provided by UK government departments that process more than 2.4bn transactions every year. The Government’s much heralded Digital by Default strategy was announced in 2010 with the objective of replacing cumbersome and expensive paper transactions with an easier and more cost efficient digital model. However ideal these digital solutions may be in relation to the general public, the non-collaborative approach taken by government agencies is inadvertently adding complexity to processes for law firms. Separate sign-ins and different workflows for each authority are just two examples of why government portals are not an ideal environment for the legal practitioner. Additional efficiency barriers include limited functionality and reporting, time-out issues and, critically for law firms, a threat that risk management and compliance could be compromised. In response to these shortcomings, Oyez Professional Services has developed the Oyez Gateway digital submission portal, a single independent platform that allows submissions to all relevant Government authorities. This will allow legal practitioners to collaborate and incorporate digital submissions into their current workflows using a common process across multiple government agencies. Ultimately this will lead to more efficient, lower cost submissions and the adoption of workflow collaboration will reduce the risk of submission rejections.
The first portal developed for The Oyez Gateway is the Companies House Charges Module (MR1-5, LLMR1-5), from an agency whose intent is to be 100% digital by 2019. It was designed with the twin principles of more efficient, lower cost digital submission and the enforcement of workflow collaboration which reduces the risk of non-compliance. The Oyez Gateway Companies House Charges Module has generated strong interest from larger law firms including two top ten practices who are looking to future proof their submission processes.
The Oyez Gateway removes the risks associated with unsupervised submissions. An option was developed that allows a pre-elected authoriser to check and approve all submissions before they are sent to the receiving authority. Users also have access to a dashboard view of submissions, listed by their current status, and can share view links with relevant co-workers to bring them into the process. The general collaboration engine is enhanced for each specific area of e-submission, and for the Companies House Charges Module (it verifies company details against the receiving authorities register as the user enters the data, thus removing the risk of submitting incorrect details that could lead to rejection. Users can also view the attached legal instrument to ensure the correct one is attached. Human error is minimised through the Gateway ‘Duplicate’ feature by automatically transferring original data directly into the newly created copy of the initial document. By centralising the point of release for all submissions, the Oyez Gateway also neutralises any access issues caused by technical problems with the receiving government service. The Gateway can detect and notify all users of any changes in availability and submissions are held securely until they can be released. The Oyez Gateway also offers the elasticity of a UK cloud hosted service. It allows system users to be added, removed or updated instantly, and enhances security and reduces demand on internal infrastructure and IT resources.
Northamptonshire Law Society
And Finally… ….. here is a round up of the topics, events and news that were not covered in this edition from Phil Smith, Society Manager.
Welcome to the Autumn edition of the Bulletin. As you will have read in the previous pages we have held another very successful Awards Dinner at the Marriott Hotel. I would like to congratulate all the Award winners and those shortlisted and thank everyone who took the trouble to nominate and support the event on the night. We are already planning for next year’s event which will be held in September, date to be confirmed. You should be now have received details of the joint Annual Quiz night on the 10th November with chartered accountant friends at LANSCA. The venue is Kettering Golf Club and nonmembers are very welcome. A law firm has not won for the past few years so please let’s show the accountants who has the brains. Book through me in the usual way via email. We have recently staged 2 conveyancing CPD courses using Richard Snape. Richard is a well-known and respected speaker and the success of the 2 courses has prompted us to book him for a series of courses in 2017. There will be another course on the 8th December followed by varying topics on 6th March, 26th June, 11th September and 11th December 2017. Watch out for emails for each date around 6 weeks prior to the course. As always our courses are open to nonmembers so please feel free to share with others who may not be on my mailing list. A further course in partnership with one of our Patrons, Landmark Information Group, is being planned for November. Details to follow soon. I am always interested to hear from you on other topics and suggestions are always welcome. We can stage courses cheaper and closer to home than most CPD providers.
“...As always our courses are open to non-members so please feel free to share with others who may not be on my mailing list...”
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We are currently planning to hold a Law Society evening for Rokart 2017 early next year at the Northampton Indoor Karting Centre. This event was a great success this year and made a £7000 contribution to the £20000 the Rotary Club were able to give to Northampton Hospital to purchase an Ultrasound scanner for their Oncology Dept. The Rotary Club are therefore running the event again in 2017 but this year the main beneficiary will be a small local charity Kidsaid that helps children who have been traumatised in anyway (through for example abuse or death in the family). I know some firms participated this year and the Rotary Club are offering us an evening just for Law firms. Once I have more details I will be in contact to ask for your support. If anyone is interested in becoming a member of the Council, I can provide details of the application process and more information on the commitment required. Once again I would like to acknowledge and thank our patrons for their ongoing support of the Society. The University of Northampton, the Brighter Law Group, Landmark Information Group, QPI Legal Ltd and Hawsons Chartered Accountants. Phil Smith
Society Manager
email: philsmithdw@aol.com
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