Northamptonshire Law Society Bulletin Autumn/Winter '22

Northamptonshire Law Society Bulletin

Autumn/Winter 2022

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Published December 2022

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Welcome to this edition of the Bulletin...

It is a pleasure to be able to present to you the final edition of the Bulletin for 2022.

It has been a very busy year and from my own experience despite the raging war in Ukraine and the economic downturn; the change of prime ministers and chancellors; the increasing living costs; topped with the passing of HM The Queen; business has continued at a steady pace.

Having spoken to local Firms it appears most Firms are still busy and I have mostly heard that staff retention and recruitment appears to continue to be a problematic for Firms. I for one seem to have recruiters approaching me on LinkedIn on a regular basis and perhaps it’s the new digital age that is encouraging people to move Firms more?

I have been honoured to be invited to and attend the Dialogue Society Annual Community Ramadhan Dinner in association with Northamptonshire Police and thank you to Sophia Parveen for the invite.

I have again had the pleasure to attend many dinners and have had the pleasure of attending the Birmingham Legal Awards at the ICC, Birmingham and it was a pleasure to judge the Junior Lawyer Awards for them this year.

Northamptonshire

Law Society Officers &

I would suspect things will slow down now with the rise in interest rates and the end of the year nearing. I would be interested in speaking to Practice Managers and Managing Partners to hear how Firms are doing and to arrange Firm meetings to increase membership and participation to try and encompass all of the Firms across the County. I via Carolyn Coles our Society Manager will be making contact soon and to arrange the Past Presidents Lunch and Managing Partners Lunch too. We hope to have a social in February too.

The NLS had continued to meet both in person and virtually. Council meetings are being held in person with some of us joining virtually which should hopefully make attendance by Council Members increase.

I have also attended the Nottingham Dinner and Awards and coincidently they also use the acronym “NLS’ and also annual dinners held by Derby Law Society, Warwickshire Law Society, Leicestershire Law Society and Hertfordshire Law Society. It has been a great honour and I have built some strong friendships and connections and the opportunity to exchange ideas and to comparatively discuss the societies has been great.

Northamptonshire Law Society

The Gatehouse, Stable Lane

Pitsford Northampton NN6 9NG

Tel: 01604 881154 Email: Sec.nls@outlook.com

All Council members should in the first instance be contacted through the Society Manager.

As your President I have continued my efforts to ensure the NLS is engaged in the local community and at the forefront of our President’s Charity, having received invites from an array of organisations and hopefully building future connections. KidsAid is a local charity that assists Children who have suffered trauma with much needed care; further information can be found at www.kidsaid.org.uk and the friendship between the NLS and KidsAid has grown considerably and thank you to Rebecca Caswell-Fox the CEO and Lorraine Elks the Fundraising Co-ordinator for attending the NLS Dinner and their continued partnership.

The highlight of the year has been the Annual NLS Dinner and Awards at The Marriott Hotel which were held on Friday 23rd September 2022. It was a pleasure to be sold out and to have so many of the local legal community attend. Having had a 2-year absence due to Covid-19 it was a privilege to extend the invites wider given my experiences at other societies.

I congratulate the winners but again we had very low entries in the award categories and I would be keen to discuss and learn of the reluctance and ways of increasing participation. KidsAid had a successful fundraising night and the dinner really highlighted the need in the county and our Vice President; Maurice Muchinda raised almost £500.00 in a charity Marathon too and we were able to help with the “BigGive” appeal too.

The invaluable contribution by our Patrons is great and we were able to secure attendance and sponsorship for the dinner and thank you to the Sponsors too.

The relationship with the University of Northampton has grown stronger and in May we were invited to an event entitled “Evening in Conversation with the Mayor” and Maurice was able to attend. The NLS were also invited for a tour of the Campus by the Vice Chancellor’s office which both me and Maurice attended. I have had the pleasure of attending the Law Graduations in April and November as well as the Vice Chancellors Drinks Reception. The relationship has developed and we are looking to provide Student Membership soon with a representative from the University Law Society joining the NLS Council meetings too.

The Legal Walk was a great success but we were low on numbers in terms of fellow solicitors and I would encourage more people to attend this year as it is a really pleasant and sociable walk and Carolyn has already started planning the same so look out for the date.

We have attended the Virtual Town Hall Meetings with the National Law Society and it is a pleasure to welcome Lubna Shuja as the new President who is a fellow owner of a small law firm and a friend I made at the dinners and SRA Conference and hopefully will support our work going forward.

We have now returned to face to face training and we held a successful Conveyancing CPD and Commercial Property CPD course in October 2022 which was well attended and hosted

by Ian Quayle and we are working on future courses so keep an eye out for Carolyn’s emails.

It has been a sad year as I attended the Queen’s Platinum Jubilee Tea Party at the Guildhall on the invite of our Mayor and also Buckingham Palace for the “Party in the Palace” and upon the Queen’s sad passing I found myself at the Guildhall again attending the Proclamation of the Sovereign King Charles III. Again it has been an honour to bring the Presidency into the community and towns and I am looking forward to the High Sheriff’s Court’s Service in Rothwell in February.

DeMontfort University, Leicester have become good friends and as an alumnus I attended the first Vice Chancellor’s Dinner with Katie Normington and a number of other invites including a partnership event with Curve Theatre, The Leicester Comedy Festival Launch and other invites such as the Business & Law Talent Show, Investiture of the new Chancellor and The Leicester Science Festival were received. Again I feel we will be able to work closely with the University and its students to develop the NLS and assist the future of the career and thank you to Russell Towlson of DMU for the same.

In the same thread I had the pleasure of meeting I had the pleasure of meeting with Julie O’Shea of Buckingham Law School who is keen to place work experience students and assistance with their Street Legal Clinic.

I have for some time advocated that the Law Society have representation on Remembrance Sunday and the same has been resisted on the basis of a lack of time. This year fortunately in my dual capacity as the Secretary of the Northampton Bangladeshi Association (NBA) I did lay a wreath in both capacities on behalf of the NBA and the NLS. I am using my best endeavours to push this agenda and am hopeful the Mayor may influence some agreement.

I congratulate HCR Hewitsons on their move and thank Maurice for attending their opening and representing NLS at the same. I am a keen advocate of keeping the local Firms in the county and town.

Finally, it has been great to receive invites from Northamptonshire Community Foundation to their Celebration at Delapre Abbey in the summer and more recently their Annual Awards held at the Royal & Derngate Theatre, which I was able to attend and support our Charity KidsAid who won the Edge Award. I must than Rachel McGrath the CEO and Rachel Mallows DL the Chair for their kind support and invite.

I feel as a Local Society we are now more involved in the communities in which we work and there are great opportunities for partnership working and to “give back” to the communities and I would encourage members to contact me with ideas and if they wish to get involved.

On behalf of the NLS I responded to the SPG’s research in relation to “Conveyancing Solicitors being excluded by Mortgage Lenders” putting the case on behalf of small firms. I was also able to attend the SRA Compliance Officers Conference in Birmingham and the risks to Solicitors in terms of compliance, AML and Cybercrime are ever increasing and I advise those of us who could not attend to review the same on the SRA website.

I am still keen to engage new members and local non-member firms and I would be pleased to hear from such with any suggestions or an invitation to meet.

On a final point I became a father for a second time early December and I take this opportunity to wish everyone a happy Christmas and New Year and hope to hold a networking event soon so we can meet in person.

I can be contacted at jm@shepherdandco.com

Best Regards

Jabeer Miah

President, Northamptonshire Law Society 16.12.2022

www.northamptonshirelawsociety.co.uk

Looking back at 2022, it has been a good year for many practitioners in that the Solicitor’s Regulation Authority (SRA), has abandoned plans to permit the Solicitors Indemnity Fund (SIF) to close with the resultant loss of post six-year run-off cover. It will instead replace SIF with an identical scheme that the SRA will manage. This will give some security and confidence to those solicitors who have already retired without a successor practise and those who may do so in the future. The details are currently being worked through, but, essentially, the SRA are going to use the SIF Scheme rules but intend to run the new scheme more cost effectively than that run by SIF Ltd.

Guidance: Sexual misconduct

In 2022, the SRA produced twenty-three sets of guidance by the end of November, and more is anticipated before the year end. Possibly the most controversial guidance is that which impacts on how a solicitor conducts themselves in their personal and private life. The majority of solicitors would have no qualms about the regulator taking action where that behaviour results in a criminal conviction, although perhaps there would be less support where it relates to minor motoring offences.

No solicitor would condone sexual assault, but the difficulty arises for regulators generally in cases where allegations have been made but either a prosecution was not proceeded with or even attempted.

The SRA has had to get to grips with how it will approach this, following the Beckwith case. In that case, a married City partner had some sort of consensual sexual encounter with Person A, who had been a more junior member of staff. Both parties were too drunk to remember exactly what happened after attending Person A’s leaving do and going back to Person A’s home.

At the Solicitors Disciplinary Tribunal (SDT) Beckwith was charged with a number of allegations but only two were proved, including a lack of integrity. He was fined £35,000.00. The SRA sought £300,000 in costs but these were reduced to £200,000.00 by the SDT.

Beckwith successfully appealed against the finding of a lack of integrity. The High Court placed considerable weight on the fact that there had been no abuse of seniority or authority over Person A. It held that there was a distinction between a solicitor acting to the detriment of his own reputation, his reputation as a provider of legal services and the reputation of the profession itself.

The Court also found that the costs claimed by the SRA were ‘alarming’. The Court also stated that, “regulators will do well to recognise that it is all too easy to be dogmatic without knowing it; popular outcry is not proof that a particular set of events gives rise to any matter falling within a regulator’s remit.”

The outcome of this case left the SRA in some difficulty, it has stated that since 2018 there have been 251 reports of alleged sexual misconduct. There were just 30 such complaints in the preceding five years. The SRA stated that at the time of publication of its guidance it currently had 117 ongoing investigations of alleged sexual misconduct.

The new guidance was published on 1 September 2022. The basic principle the SRA has set out is that, ‘The closer any behaviour

or alleged wrongdoing touches realistically upon the individual’s practice or reflects how a solicitor might behave in a professional context, the more likely it is that the conduct may impact on the individual’s integrity or trust in the profession.’

The guidance then seeks to set out a series of potential circumstances which may impact on its decision to take regulatory action, but as one might expect, there are no hard and fast rules and the feeling you are left with when reading the guidance is that the SRA is saying it will know it when it sees it.

The guidance claims that it will help individuals to understand where ‘behaviour in their private and professional life, where they might overlap and why the distinction is important’

It also makes explicit that it is the duty of firms to ‘promote and ensure a workplace culture that does not tolerate sexual misconduct’ and that there is an obligation on firms to both investigate such matters internally and where appropriate report to the SRA.

Firms will need to consider proximity to practice and the guidance lists some examples which may or may not be proximate but this is not an absolute answer as this has to be considered together with the seriousness of the conduct and the ‘criminality’ of the conduct. The SRA make it clear that if they think it appropriate, it will make a report to the police but as they sate, ‘criminality is not a pre-requisite for us to make a finding of sexual misconduct’ and even if there has been an acquittal, it may also take action as, ‘professional misconduct is a wider concept than the criminal law’

Similarly, whilst the SRA will take into account consent, the indications are that they will also not take consent at face value and may seek to investigate further, stating that ‘[consent] can be affected by such factors as relative seniority/ inferiority, vulnerability, intimidation, and intoxication. In some cases, these can reduce and even remove the capacity of someone to give meaningful consent. Consent can also fluctuate from time to time and from context to context.’

The SRA will also consider vulnerability and has defined its considerations on vulnerability as:

‘Professional status (two parties of different seniority).

Professional relationship (a professional can be unduly dependent on a client (for supply of work) or a client can be unduly reliant on a professional for effective advice/representation, especially in certain areas of law, and especially if the work is publicly funded or pro bono because alternatives might be less readily available.

Fragile health (physical or mental).

Disability.

Age.

Sexual orientation.

Emotional, financial or career dependency.

Temporary vulnerability, such as intoxication (by alcohol or drugs)

Isolation or impaired access to effective support or remedies.

Cultural vulnerability.’

The SRA has also made it clear that intoxication can never be a defence to an allegation, but it may also consider it as an aggravating or mitigating feature.

The SRA has stated it expects firms to investigate and report and that its Enforcement Strategy makes it clear that it regards allegations of sexual misconduct very seriously.

All firms should put in place policies to make it clear what expectations they have of their staff (including non-admitted staff), when they will investigate and when they will report. To some extent, it is likely that the policies will mirror the SRA guidance.

It might also be useful to consider the SRA’s guidance on, ‘Workplace environment: risks of failing to protect and support colleagues’ published in February 2022.

Keeping of the Roll

From April 2023, the SRA will require all solicitors without practising certificates to apply to remain on the Roll of Solicitors of England and Wales. This will include those who are retired, working in-house, or who are not currently practising. There will be an annual administration fee currently estimated to be £20.

Failure to make the application will result in individuals losing the right to refer to themselves as a non-practising solicitor. The SRA point out this will also result in an inability to access the associated benefits the title brings, but it will also result in a loss of the burdens of being a solicitor!

i) https://www.sra.org.uk/solicitors/guidance/ sexual-misconduct

ii) Beckwith v SRA [2020] EWHC 3231 (Admin) iii) https://www.sra.org.uk/solicitors/guidance/ workplace-environment

Linda Lee has been Council Member for Leicestershire, Northamptonshire and Rutland since 2003. She is a past President of the Law Society of England and Wales and is the current Chair of the Professional Indemnity Insurance Committee and a member of the Policy and Regulatory Affairs Committee, the Regulatory Processes Committee and Access to Justice Committee.

She is current Chair of the Solicitors Assistance Scheme.

Linda is an experienced litigation solicitor and is a Consultant at Radcliffesle Brasseur where she specialises in solicitors’ disciplinary, compliance and regulatory work. She can be contacted by email at: lindakhlee@aol.com

Article by Linda Lee

Council Member

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‘Our Courts Never Stop’

Annual Bar & Young Bar Conference 2022

Northamptonshire Law Society

Innovations and revelations discussed at the Annual Bar & Young Bar Conference 2022 included the legal system in Ukraine, which like the nation itself, remains steadfast and unstoppable even in adversity.

Another conference season -- another Annual Bar & Young Bar Conference. Scheduled late in 2022 than some previous conferences have been, this particular conference was held during the run-up to Christmas and in difficult times for public transport.

In any number of ways, this was a conference that reflected the strange and distressing uncertainties and upheavals of post-pandemic 2022 -- an especially momentous, unstable and troubled year which featured, among other things the horrific outbreak of war in Ukraine, as well as domestic turmoil, notably the scarcely controlled chaos in Parliament... the downfall of Boris and Liz...the rise of Rishi...and almost at the same time, a proliferation of strikes, labelled by some of the more flippant journalists out there, as “The Twelve Strikes of Christmas.’

So as you made your way into the conference hall in London’s Grand Connaught Rooms on the final day of the Conference, you wouldn’t have been too surprised, that this year’s attendance was unusually sparse -- train strike y’know -but perhaps all the better for that, as the

hundred or so attendees present -- as well all those watching online -- had a convivial time of it, as there was much to take note of and much to discuss.

International links

Focusing on the conference theme of ‘Future-proofing the Bar’, Mark Fenhalls KC, Chair of the Bar, in his introductory address, made direct reference as a matter of record, to the backdrop of political turmoil which “promotes a constant reminder of the critical importance of the rule of law.”

‘I am hugely proud of our profession,’ he said, ‘for navigating the seismic events that could have knocked the justice system off course...including,’ he added, ‘the pandemic, the illegal invasion of Ukraine and the ongoing questions surrounding the UK’s status and future outside the European Union.’

He emphasized the necessity of strengthening legal services, ‘if we in the UK are to retain our influence around the world.’

Encouraging to note is the Bar’s increasing emphasis on its international linkages with other Bar associations, including those of the Ukraine, Poland and Ireland -- whose views were eloquently aired in what, in the view of many, was the highlight of the Conference, namely the panel discussion chaired by Baroness Helena Kennedy, which featured leading legal experts from Ukraine, Poland and Ireland -- not to mention the LSE -- but more of that later.

The Young Bar has its say

As Chair of the Young Barristers’ Committee, Michael Polak delivered more than a few terse, well-timed comments on the all too real problems and pressures which affect members of the Young Bar in particular.

Referring to ‘Life At The Young Bar’ -- the recent report published by the Young Barristers’ Committee -- Michael cited one of the key aims of the Young Criminal Bar Association -- namely its support for the wellbeing of criminal barristers in their first seven years of practice -- while at the same time, aiming at redressing ‘the problems that young barristers face.’

A review by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, reviews editor of The Barrister

Could such problems include, for example, their absurdly...notoriously... appallingly...horribly inadequate fee levels? Let’s hope so and speaking of the status of the UK’s place and prestige within the international legal community -- this apparently persistent neglect of the ‘low fees’ issue will scarcely do anything to enhance the Bar’s reputation worldwide.

Controversial? Well, possibly. And equally electrifying, if not more so, was the panel discussion chaired by Helena Kennedy KC, the object of which was to focus on ‘Threats to the Rule of Law in 2022 and beyond.’

‘...the fragility of the rule of law’

If you hadn’t attended the Conference on its final day, this was the panel discussion which might have made you wish you had. Its stated aim: to reflect on ‘the fragility of the rule of law... and discuss predictions for its future, both at home and abroad.’

Chaired by Baroness Helena Kennedy of the Shaws KC and known to most of us as a regular speaker here, this was a panel consisting of legal experts, two of whom came from Poland and Ukraine -- Poland continually coping with challenge -- and Ukraine consistently under threat.

‘This is our everyday’

In the case of Ukraine in particular, the terrifying threat of death and destruction never abates. “This is our everyday,” as Olena Zelenska has sadly observed. The panel’s first speaker was Valentyn Gvozdiy, As Vice President of the Ukrainian National Bar Association, his description of the challenges and the horrors of conditions in Ukraine was both powerful and succinct.

Alluding to the restrictions on human rights under martial law, he also outlined the difficulties of, for example, shortages which impact specifically on the conduct of the justice system, particularly the destruction of infrastructure, including transport facilities, power supplies and as a result, modern technology.

‘We cannot use the Internet,’ he said, pointing out the problem of court hearings that are not -- and cannot be -recorded.’ ‘However,’ he explained, ‘the overall and consistent aim is to save our profession for the next generation. This role remains unchanged. Our courts, he concluded, ‘will never stop.’

Systemic threats in Poland

Speaking in support, Mikolaj Pietrzak, Dean, Warsaw Bar Association, discussed a number of not dissimilar

concerns in Poland, including the problems of ‘systemic’ threats to the judiciary.

Criticizing what he termed ‘simplistic attitudes to complex problems,’ he suggested obliquely that an at least partial solution to such challenges might involve ‘getting friends to own the media.’

Women’s rights in Ireland

Somewhat tangentially, the third speaker -- Maura McNally SC, Former Chair of the Bar Council of Ireland -- focused mainly on another issue, rather a specific one -- namely membership of the European Union, the enthusiasm for which in Ireland, shows no sign of abating.

‘Unarguably’, she said, EU membership has taken Ireland in the direction of improving the condition of women and women’s rights. Who remembers, for example, that before Ireland joined the European Union, Irish women -- as Ms. McNalley reminded us, were not allowed to keep their jobs; menial, professional, or otherwise after they married. (Eh? What? In this day and age? Yes -- in this day and age, would you believe. Astounding but true.)

‘Membership of the European Union’ has made a significant and positive impact on women’s rights,’ Maura concluded, adding that it has exercised much positive influence on press freedom.

‘Well,’ some might say if so tempted. ‘What Brexiteer can argue with that?’ But I digress. Fundamentally, as Helena asserted, human rights have emerged and largely coincided with together with the rule of law.

‘A human rights detestation bill?’

It was Professor Conor Gearty KC (Hon.) who offered much closely argued criticism, mainly of government policy on human rights, placing under discussion a number of examples of human rights under threat.

As a member of Matrix Chambers and Professor of Human Rights Law at the London School of Economics, Professor Gearty was particularly critical of Dominic Raab. Viewing with alarm the reappearance of Raab’s Bill of Rights, he referred to it as ‘a human rights detestation bill.’

Controversial? Yes. Indisputable? Not entirely. But good thing that Justice Secretary, Dominic Raab hadn’t bothered to turn up for the Conference. Good thing, therefore, that Attorney General Victoria Prentis had -- making her entrance following a thoughtprovoking session which featured a lively and largely non-controversial discussion on careers. retention and modernization of working practices at the Bar.

Speaking of which, Victoria Prentis, MP for Banbury, recounted her current career move with evident enthusiasm, expressing pride and pleasure in having been appointed Attorney General and therefore Leader of the Bar. She comes to her new post with years of experience as an employed barrister in the Civil Service, rather than as a member of the Independent Bar.

‘The most painful task...’

Victoria’s lengthy experience as a civil servant in the Government Legal Service might well emerge as an advantage, the obvious expectation being that she will have acquired a better, wider and more

precise understanding of the oftencomplex challenges -- not to mention the subtleties --of working within the Civil Service.

She recalled an advantageous pupillage too, as her pupil masters whom she counts as friends, included Lord Burnett, Lord Chief Justice and Dominic Grieve, who years later became Attorney General and MP for Beaconsfield.

Her first duty? To uphold the rule of law -- a formidable challenge which prompted her to quote Francis Bacon’s description of it as ‘the most painful task of the Realm.’

Her relatively brief speech was followed by a ‘question time’ style of interview with Mark Fenhalls KC, who emphasized the enormity of her task in upholding the law, following which she confirmed her firm support for the bar over the coming years.

What they didn’t talk about

While the new Attorney’s interview with Mark Fenhalls covered an impressively wide range of issues in a short time,

certain matters were not mentioned, the main issue being the proposed development of an international court to deal with war crimes.

Successive Attorneys General have wanted to look at this issue, as did Suella Braverman during her short and controversial time as Attorney General (and Home Secretary). It is fair to assume, however, that the war in Ukraine will almost certainly accelerate the process. And who knows? It may be significant that the new Attorney’s most immediate task which she announced, was her imminent trip to Berlin to see the Attorney General of Ukraine.

Future-proofing?

Featuring the participation of legal experts from abroad, the Bar and Young Bar Conference of 2022 demonstrated its international orientation and outlook -- certainly a priceless advantage in the unpredictable and turbulent times in which we live. It is now anticipated that the success of this Conference will encourage a great deal of interested and enthusiastic attendance in 2023.

Climate change whitepaper

Earlier this year, Landmark Information Group joined the Pledge to Net Zero initiative and committed to meeting science-based targets that align with the Paris Agreement, aimed at accelerating a transition to a net-zero carbon economy.

As the first property data business in the UK to join the initiative, we were driven not only by the existential imperative we must all surely feel to manage climate change, but also by our own deep understanding of the role that the property industry – as a whole ecosystem – can and must play.

No country, industry or person will be untouched by the effects of climate change. When we zone in on property, particularly through our own lens of sector data and insights, we can see how the role of climate change reporting is set to take on even greater importance in the years to come. It is clear that we have reached a critical point where, as an industry we must ask: are we measuring the right things, in the right way, at the rig.ht time?

As a provider and partner to all parts of the property industry, Landmark has always sought to unify and connect data and participants. When it comes to climate change reporting, the new frontier of real estate due diligence, we are even more motivated to bring together the parties that can and will make a difference.

Our white paper, Climate Change Reports: The New Frontier of Real Estate Due Diligence, marks the start of that. We are immensely grateful to the pan-industry expert contributors who have lent their wisdom, insights and candid perspectives on

this topic, and are heartened to note that even in a complex and fragmented industry such as property risk and property data, there is a common understanding of the challenges and of the task ahead – and a shared energy with which we should best approach it.

The intersect between these future climate risks and the built environment has been the focus of this white paper, highlighting the new frontier of real estate due diligence which all property professionals must now navigate.

Reflecting on the conversations which have led to this publication, and on the collective contributions to it, what resounds is a unified desire, belief, and mandate for an approach to climate change risk management that truly connects the industry.

As The Lettings Industry Council’s Theresa Wallace concluded, “we are all in this together.” This adage is true at every level – from that of our collective humanity, to that of our roles as property professionals.

Climate change is a reality that demands a series of immediate a0nd concerted responses. If you have been considering where your own organisation might start to respond to both the wider threat of climate change, and to the inherent risks faced by our businesses and clients, this is an incredibly good place to start.

Northamptonshire Law Society

Competition Law changes

On 1 June 2022, the following entered into force, without much fanfare:-

a) The UK’s Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (VABEO) It will cease to have effect on 1st June 2028

UK Guidelines on vertical restraints CMA guidance

b) EU Commission Regulation (EU) 2022/720 of 10 May 2022 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (VBER).

Official Journal

L 134, 11.5.2022, p. 4–13

It will cease to have effect on 31 May 2034.

EU Guidelines on Vertical Restraints (2022/C 248/01)

For businesses operating across the UK and the EU, diverging competition law regimes means increased compliance costs. The CMA’s approach to its review has therefore been to balance the advantages of divergence from the EU to address peculiarities of UK markets and better protect UK consumers with the benefits of consistency between the EU and the UK Block Exemptions. The result is a great deal of similarity in the rules, interspersed with some key differences in approach.

Both the EU’s VBER and UK’s VABEO provide for a one year transitional period (ending 1 June 2023) for existing vertical agreements which met the conditions for exemption under the previous rules.

The Block Exemptions provide widely-applicable safe harbours for vertical agreements from the EU and UK prohibitions on anti-competitive agreements, provided that the parties have market shares of less than 30% on their respective markets and provided that the agreement does

not contain any banned “hard-core” restrictions of competition. If an agreement does not benefit from a Block Exemption then the agreement will need to be assessed individually for compliance with relevant competition law. It may be that separate agreements are needed for UK-only agreements and EU-only agreements, if so, this will have a knock-on effect on e-commerce trading websites, and T’s and C’s in website contracts, as well as usual hard-copy contracts.

Other aspects of change include Commercial Agency, Retail Price Maintenance, Minimum Advertised Pricing, Online Intermediation Services (O.I.S.), Active and Passive sales, and the points below. More extensive details can be found in the two sets of Guidelines.

Comparing the EU and UK approaches

See below for highlights of some of the areas of divergence between the EU and UK approaches.

Parity obligations

EU: “Wide” parity obligations for OIS are excluded restrictions. All other types of Most Favoured Nations clauses imposed by suppliers of Online Intermediation Services are covered by the EU Block Exemption.

UK: Online and offline “Wide” parity obligations imposed by any type of company are banned hardcore restrictions. Any agreements containing Wide parity clauses will need to be assessed individually for compliance with UK competition law.

Non-compete obligations

EU: The EU Block Exemption applies to non-compete obligations which are tacitly renewable beyond five years.

UK: Non-compete obligations which are tacitly renewable beyond five years are excluded from the UK Block Exemption and therefore need to be assessed individually.

Selective and Exclusive distribution

EU: Combining Selective Distribution and Exclusive Distribution in the same EU territory will not benefit from the EU Block Exemption.

UK: Selective distribution may be combined with Exclusive distribution in the same territory, provided that the two operate at different levels of the supply chain.

Agreements which subsequently exceed market share threshold

EU: If a relevant market share rises above 30%, then the agreement will continue to benefit from the exemption for two calendar years after the year in which the relevant market share threshold is exceeded.

UK: If the relevant market share rises above 30%, then the agreement will continue to benefit from the exemption for two calendar years after the year in which the relevant market share threshold is exceeded unless the market share exceeds 35% in which case the exemption will only apply for one year after the threshold is exceeded.

Article by Euan Temple

The Divorce Dissolution and Separation Act 2020

Changes in Divorce Law- Your Questions Answered

For over fifty years, divorcing couples, who had not been separated for a period of two years or more, had to place blame on the other party to dissolve their marriage. This tended to increase acrimony and led to Respondents defending the divorce on the fact cited and costs being disputed. Reform to divorce law was introduced in order to mitigate this and make the process easier to navigate for non-lawyers.

Here are the answers to some of the commonly asked questions surrounding the reforms…

1. What are the recent changes in divorce law?

The Divorce Dissolution and Separation Act 2020 came into force this year on 06 April 2022. This introduced ‘no fault divorce’.

This reform removed the need to rely on any of the previous five factors (adultery, unreasonable behaviour, 2 years separation with consent, 5 years separation, desertion) and instead allowed divorcing couples to end their marriage by agreement or simply stating the marriage had irretrievably broken down, regardless of the length of the separation, and to remove the blame and stigma that could be associated with some of the five facts. A simply statement confirming the marriage has irretrievably broken down is all which is needed now. This can be made either together on a joint basis or as a sole applicant.

New, easier to understand terminology has been introduced in addition to new time periods. A divorce now takes a minimum of 26 weeks: a new minimum 20-week period for a Conditional Order (new style Decree Nisi) to allow for a ‘cooling off’ period following the initial application and the same 6 week period between the Conditional Order and Final Order (new style Decree Absolute).

Another significant change was the removal of a claim from costs from the standard Divorce Application. Now, any application for the costs of an undisputed (standard) divorce or dissolution case will need to be made by a separate application (using Form D11) and costs are at the discretion of the Court. It seems that costs will now be granted in fewer cases, for example due to the litigation conduct of the other party, rather than the previous ability to include a claim for costs within the Divorce Petition.

2. How long does it take to divorce?

Divorce proceedings now take a minimum of 26 weeks from the date the divorce application is issued.

An application can be made for a Conditional Order at any time after the end of the period of 20 weeks from the date the application for a divorce is issued. Then 6 weeks for the Final Order.

The new 20-week period is designed to be a cooling off period intended to allow for a period of reflection and for divorcing couples to resolve other family matters related to finances or children. It also provides divorcing couples a chance to reconcile should they wish to. Under the old law, a Petitioner could apply for Decree Nisi as soon as the Respondent had returned the Acknowledgment of Service.

3. What does this mean for the average person who wishes to divorce?

The new divorce application form is simpler as there is no longer a requirement to provide a detailed statement evidencing one of the five facts – applicants now need only provide a short statement that their marriage has broken down irretrievably. The issue of costs is now simpler to understand and there are limited grounds in which the Respondent may dispute an application.

The language has also been changed to be more straight forward, making divorce accessible to those outside of the legal profession. The language of no fault divorce is now in line with the language within civil partnership proceedings. The person commencing proceedings is now referred to as the Applicant and the Decree Nisi/Absolute have been renamed to the Conditional/ Final Order providing better clarity as to what they mean within the proceedings.

The average person should be confident that they can get divorced in 26 weeks, if they are the Applicant and so long as there are no complicating factors or financial issues. We would always recommend obtaining legal advice to ensure financial matters are considered. Financial claims remain open following the Final Order, so legal advice is crucial to ensure a clean break. If finances are agreed, this can be incorporated into a Consent Order.

4. Couples who are amicable, can they apply together for a divorce together?

For the first time, joint applications may be made. Both parties will apply for the divorce, dissolution or (judicial) separation application together and will be equally responsible for the application. They will be known as Applicant 1 and Applicant 2, rather than the Applicant and Respondent as with sole applications. This option can reduce complexity.

This allows both parties to confirm that their marriage has irretrievably broken down. The joint application can be progressed solely if required or if the other Applicant no longer complies. Joint applications also enable applicants to agree on how they wish to pay the court fee for the application. However, it should be noted that the digital service requires that Applicant 1 make payment but either Applicant could do so if applying via the paper form.

In some instances, a joint application would not be appropriate, such as where there has been domestic abuse. Sole applications remain available for these reasons.

Northamptonshire Law Society

5. As you can’t ‘blame’ someone will this affect the person applying for a divorce when it comes to finances?

In the majority of cases, the reason for a divorce has no bearing on financial matters. A Court will only consider one spouse’s conduct where this is especially ‘gross or obvious’; an extremely high threshold. Adultery, arguments, unkind words or quarrelling will not influence any financial award.

Increased animosity caused by the reasons cited for a divorce was therefore likely only to be a hindrance to reaching an amicable financial resolution. The reform to divorce law should have a positive impact on financial aspects of a divorce which is beneficial as the Court places a big emphasis on parties settling directly and encourages couples to agree a fair division of assets.

The starting point for the family court will continue to be, as far as possible, an equal division of the matrimonial assets, unless there is a justifiable reason to depart from this but ensuring at all times that the parties’ needs can be met, as far as possible.

Divorce cases and financial remedy matters are two separate sets of proceedings and the timescales are very different for both. A Divorce Application and Form A may be issued at the same time and parties may apply for a Consent Order once the Conditional Order has been granted within the divorce.

Conclusion

It is hoped that the introduction of the Divorce Dissolution and Separation Act 2020 will allow divorcing couples to understand the process of divorce and reduce conflict whilst going through proceedings. So far it seems to have had a positive impact and benefits parties who need to resolve financial and children matters alongside a divorce.

Article by Lynsey Ward Associate Solicitor

The Family Law Group Assisted by Katie Bottoms

An Introduction to Finders International

Finders International is a professional probate genealogy company, established in 1997 by Managing Director Danny Curran and is now one of the world’s largest firms in our field. We are best known for tracing missing heirs and identifying lawful and entitled next of kin, having worked extensively with lawyers, probate practitioners, banks, deputyship teams, trust companies and state trustees.

Finders have offices in London, Edinburgh, Dublin and Sydney and over 150 personnel, enabling us to complete searches quickly across multiple jurisdictions. When complex estates need to be dealt with, we have a proven track record of tracing beneficiaries globally.

We support the legal profession and know our research forms part of a serious legal process that reflects on your firm. Therefore, we will work efficiently and in the best interests of your company, the personal representatives, and beneficiaries at all times.

We do more than Trace Heirs

We are aware of the need to support the services of sole practitioners when dealing with Estate administration matters. In addition to tracing missing heirs or Executors, we can assist with a range of legal support services; searching for missing Estate assets, obtaining missing documents, carrying out overseas bankruptcy searches, and conducting thorough insurance-backed Missing Will Searches, as well as a range of probate property solutions, and offering insurances to enable safe distribution of funds.

Estates with an International element

We are here to provide consultative and practical support to practitioners and estate administrators with the liquidation, disposal and return of a variety of assets located overseas.

We have a range of International Asset Services to assist with complex multi-jurisdictional estate matters, offering Medallion Signature Guarantees, the sale and transfer of overseas stock, closure of overseas bank accounts and obtaining overseas Grants of Probate. These specialist services are designed to assist sole practitioners with overseas estate elements they may not encounter on a regular basis.

UK Estates are much more likely to contain at least one overseas asset these days. From a bank account opened in Australia for work, to a holiday home purchased while on holiday in Spain, to tax planning investment accounts opened in the USA and offshore in places like the Isle of Man and Jersey, to accounts in Ireland or beyond, to shares that, due to corporate action, have ended up listed in all sorts of places worldwide – it’s quite possible that an estate may feature one or more of these scenarios. What unites them is that they’re often surprisingly time-consuming and challenging to deal with – whether that involves closing an account, liquidating a portfolio or selling an individual shareholding. Numerous legal and bureaucratic obstacles spring up which must be navigated before the value can be restored to the estate in the UK. The sheer variety of scenarios is something that an estate practitioner may not have encountered often, or at all.

Another scenario is that you may be pressed for time and anxious to progress multiple aspects of the estate administration at once. That is where Finders’ International Asset Service comes in.

We apply a practical, problem-solving approach to a range of asset services, helping to sell, transfer or recover a range of overseas assets including shares, bank accounts, and investment portfolios, assisting estates with the necessary administrative and legal paperwork. With a combination of specialist knowledge, contacts, and experience, Finders will get the job done.

Our Credentials – A tried and trusted firm

Reputation is critical in the probate world, and we will safeguard yours as closely as our own.

We are founder members of the International Association of Professional Probate Researchers www.iappr.org, which provides regulation, a Code of Conduct and a complaints procedure for a network of elite international companies. The IAPPR is one of many respected and recognised organisations we have chosen to belong to, or qualified as members of, to complete an impressive list of accreditations. In an unregulated industry, Finders International is a name to trust.

For 4 years running, we have been awarded ‘Best UK Probate Research Firm’ at the UK Probate Research Awards and won the same award at the 2020 British Wills and Probate Awards.

Our Managing Director, Danny Curran, is known as the industry spokesman with over 100 media contributions. From Forbes Magazine, The Times, and all the UK nationals, to appearances on ITV’s This Morning and numerous Radio interviews, positively promoting the probate research profession.

We also complete hundreds of pro-bono cases every year, helping with stories of reunions of family separated by war or forced adoption and reuniting people with family heirlooms such as their ancestors lost war medals or long-lost books.

For free advice or a no obligation quote, contact us today:

+44 (0)20 7490 4935

quotes@findersinternational.co.uk www.findersinternational.co.uk

NLS Awards Dinner 2022

Northamptonshire Law Society was delighted to be able to host a face to face celebration of its annual awards event. It was the first time since Covid that members of the Society, award nominees, patrons and local dignitaries were able to come together to celebrate the successes within Northamptonshire Law.

The ceremony was hosted by John Griff, whose professionalism, and humour ensured that the evening was enjoyable but remained on schedule.

The first award of the evening was the NLS Prize for Outstanding Academic Achievement (Best Undergraduate Dissertation)

All law students must write a dissertation in the final year of their LLB studies. The winner, Nele Klinkosch, chose to write her 10,000-word dissertation on the topic of medical professionals and asked should they be protected by immunity legislation in the UK. This work was set against the backdrop of Covid 19 and considered whether there was enough flexibility in the law to recognise the unprecedented strains on the medical profession. Nele’s well-argued and researched piece on this topical issue concluded that not only was immunity legislation unnecessary on a legal basis but research showed that it should be avoided. The academics who reviewed her dissertation commended her for the high quality of her research and her ability to develop and sustain an argument throughout the work.

Nele achieved the highest grade possible for her dissertation, the only student to do so this year. The Society agreed

that she was the well-deserved winner of the Northamptonshire Law Society Dissertation prize.

to ‘go the extra mile’ to support their team, excellent standards of work, dedication to their role, professional development and, contribution to client relationships and business development. This proved to be a challenging category for the judges to agree on, to the point whereby the decision had been argued and cross examined in true legal style, and the conclusion was that both shortlisted applications were deemed to be winners.

This category recognised the vital role support staff play in local community projects and also their involvement in pro bono work. Judges were looking for nominees who demonstrated their ability

Winners for NLS Support Staff 2022 sponsored by Blue Button Legal Indemnities were jointly Tracy Gilmartin - Shoosmiths and Wayne Jenkins - Wilson Browne.

(The award was collected on behalf of Tracy Gilmartin by Mrs Sharine Burgess)

Support Staff –Sponsored by Blue Button Legal Indemnities presented on behalf of Neil Philips by Lorraine McLaughlin of Shepherd & Co.

The NLS Prize for Outstanding Academic Achievement (Best Undergraduate Dissertation) was awarded to Nele Klinkosch

The President Mr Jabeer Miah, delivering his presidential speech

YOUNG LAWYER of the yearThe Sarah Banner Award kindly sponsored by Shoosmiths, presented by Mrs Sharine Burgess

As in previous years this category attracted a large number of entries and proved very competitive with some extremely able and talented people making the shortlist. The awards gave an opportunity for the Society to celebrate some of the best young and rising talent in the county.

NLS Solicitor of the Year 2022(The Fiona Moore Prize) Sponsored by Wilson Browne, presented by Mrs Ika Castka

All the shortlisted nominees were very highly commended and as such to pick just one proved particularly difficult.

The Shortlist nominees

Sarah Franklin Hayley Mauro

were:

barometer that this firm is not sacrificing client care on the altar of growth and financial success. I am pleased that as a local firm they are taking responsibility for the wider legal community: it’s always good to see that solicitors can get along with each other, albeit there will be times when the gloves have to come off!’

The winner was Alexandra Johnson. Alexandra demonstrated a sensitive approach to supporting clients in difficult circumstances. The judges noted that she had developed a wider role within the firm in relation to training, business development and pro bono and community work. Alexandra also supported the local community in an area of particular need, domestic abuse. The judges found that she was also a role model to the children through her work with the Brownies and contributed to diversity in the profession through her work in assisting students undertaking work experience in her firm.

The winner was Sara Franklin. Sara had developed a practice that had strong links to the business and cultural life of the county. As well as developing an expertise motorsport law, Sara also contributed more widely through membership of the Judicial Advisory Committee of Motorsport. Sara’s community engagement was regarded by the judges as innovative as it facilitated access to justice through providing basic legal information through social media.

Northamptonshire Law Society

Small Firm of the Year– sponsored by Archways Real Estate presented by

The Society wanted to encourage firms of all sizes to participate as it recognised the sterling work that the smaller niche firms deliver within the sector.

The shortlist of nominees was: Sarah Franklin Solicitors

Aardvark Planning Law

Large Law Firm of the Year -

Sponsored by Landmark Information group, presented by Leon Houseman

This category has always proved to be a fiercely fought sector, and this year proved to be no different with the following shortlisted nominees:

Shoosmiths

Wilson Browne

Family Law Group

This year’s winner was Wilson Browne, one judge commented, ‘What struck me about this nominee was their client appreciation. Feedback is very impressive and a good

The winner was Aardvark Planning Law who have successfully established themselves in a specialist area of practice, supporting local businesses while developing a national client base. The judges felt that of particular note was their emphasis on encouraging a diverse profession through offering work placements and career development to a range of aspiring lawyers.

The shortlisted nominees were:

Youssef Labib

Jess Leech

Alexandra Johnson

Joe Hobbins

Will Grisley

Mohammed Ahmed

The NLS Young Lawyer of the Year 2022 is Alexandra Johnson

The NLS Solicitor of the year 2022 is Sara Franklin

NLS Winners of Large firm of 2022 Wilson Browne

The NLS winner of Small Firm of the Year is Aardvark Planning

NLS Awards Dinner 2022

As the awards part of the evening drew to a close, the President’s chosen charity KidsAid gave an overview to the therapeutic support services it offers children and young people within the county.

The Top table guests consisting of Council members of the Society, local dignitaries, and other local law society Presidents: The Council wished to extend their thanks to their Patron’s, for their continued support and engagement, and to the individual firms who sponsored the award categories.

Lorraine Elks - Fundraising Coordinator

Guest’s details left to right - Andrew Nyamayar- President Warks, Lorraine Elks- KidsAid, Karen Jones - UON; Dominic Hopkins, Under Sheriff of Northants; Dennis Meredith - Major of Northampton, Jabeer Miah - President NLS, Alice Kinder-VP Birmingham Law Society; Mrs Linda Lee - Law Society Council Member; Manesha Ruparel - Derbys LS; Janine McKiney President Notts Law Society Diana Kirsch - Herts LS; Matthew Olner - Leics LS

Maurice Muchinda toasting the NLS and its members.

PATRONS Hawson’s Accountants

of Northampton Landmark information Group

Northamptonshire Law Society

How will the cost-of-living impact gifts in Wills?

Today, almost six in ten (59%) people in the UK feel their finances are worsening, one in four households are struggling to pay the bills and, inevitably, this means that many people are having to hold off from donating to good causes.

The irony of this is of course that, as people struggle to heat their homes, pay the rent and put food on the table, demand for charitable services becomes all the more urgent. We’re now at the point where 9 out of 10 food banks fear they won’t be able to meet the public’s needs and reduced funding means services may well face cuts or even closures, whether that means fewer people to field calls to mental health support lines, cutbacks on sports facilities or community outreach services and all manner of charitable services.

In this environment, income from charitable legacies is vital, strengthening charities’ resilience for the years to come. Gifts in Wills now raise £3.5 billion for good causes annually and, for many, that income has become the defining factor as to whether organisations can keep their doors open, whether they can pivot to deliver services in new ways and –in some cases – even to enhance their support for those in need.

What’s more, in a challenging economic world, gifts in Wills – which won’t leave a donor’s bank account until after the donor has passed on – can be not only a deeply symbolic and meaningful decision, but an attractive and practical offering. And this is where legal professionals are playing an increasingly important role.

Role of solicitors and Will writers

Our tracking study indicates that one in five Wills handled by UK legal advisers (22%) now include a donation to charity.5 The public is twice as likely to make a gift when a professional adviser references the charitable option. And solicitors and Will-writers alike are seeing growing demand for end-of-life planning that reflects people’s deep connections with good causes.

While charitable Wills were once perceived to be the domain of those who are child-free, there is far greater awareness now that people of all backgrounds – those with family and without – often feel a strong desire to leave the world a better place. Gifts in Wills can be a fantastic way of shaping the world they leave behind for future generations. And when it comes with such a generous tax benefit, this is a welcome bonus.

Again, donors often hear about the potential tax break on legacy gifts from legal advisers explaining that such donations are exempt from Inheritance Tax, and that, if they choose to give 10% or more, the remaining IHT bill is reduced further still - charged at 36% rather than 40%. Supporters are unlikely to make fiscal savings that exceed the cost of their donation, but for those who wish to support good causes, that reduction can be a strong incentive.

Although there are multiple avenues for will-writing, the impartiality and ability of solicitors to offer experienced and tailored advice to clients is all the more valued when it comes to making informed decisions about people’s inheritance and how good causes can benefit.

Free campaign supporter scheme for legal advisers Through our Campaign Supporter scheme, which includes some 800 Will writers and solicitors who commit to making relevant clients aware of the option of leaving a charitable gift in their Will, we see growing demand for legacy giving. And the impact of that shift is considerable. If each of those advisers were to have even just one conversation next year leading to a gift in a Will, this would likely raise around £4 million for good causes. And when those conversations are happening daily, imagine what a difference this could make.

Remember A Charity runs a free Campaign Supporter scheme for solicitors and Will-writers, providing promotional resources and guidance for referencing legacy giving with clients.

Find out more at www.rememberacharity.org.uk/solicitor

Article by Lucinda Frostick Director Remember A Charity

Northamptonshire Law Society

Northamptonshire Law Society

Family relationship DNA testing as

After a few years of unprecedented change, we are hopefully on the path to repairing society and a semblance of normality. So, rather than our usual in depth article on a “DNA testing” subject we thought it would be a good idea to discuss some of the causes and changes relevant to the professional services sector.

We must first offer some context by discussing firstly the effect of Covid-19 and then secondly, the war in Ukraine. The stresses caused by these events have caused heightened anxiety in the population and of course, significant changes in behaviour which are exacerbated by the use of social media channels. Tolerance and respect have taken a back seat as people seek Maslow’s “Safety and Security” and as a means of self protection, can react irrationally and poorly. Whilst there are still strong memories of the pandemic we have learnt to deal with its consequences and are growing from it. The real impediment to regaining normality is now the situation in Ukraine.

To put this into context, there have been 15 pandemics since the Black Death (1331-1353) and which recorded at least 100,000 deaths. The Black Death for example, wiped out over 30% of the population. The death toll due to Covid-19 in the UK has been smaller than some other pandemics, due to better public health measures and more rapid communications. The government must take some credit for their prompt action in the early days of the pandemic, when we simply did not know what kind of virus we were dealing with. Lockdown caused a precipitous drop in demand across all sectors and of course then necessitated a substantial government intervention.

In economic terms and from historical data, the effect of pandemics (in general) is to modestly reduce the natural rate of inflation, with actual recovery thereafter taking decades rather than a few years. In the UK the loss of life has been predominantly in the older population although we await to see the unknown effects of long covid on the wider population. Pandemic “survivors” may well be seeking to consolidate their personal security for example by risk aversion, retention of wealth, more modest investments and frugal behaviour.

If we can now please be excused a comment on inflation, then pandemics are in general associated with a reduction in inflation, a more restricted labour force and this in turn leads to an increase in real wages. So having weathered the three or so waves of viral infection, we might have expected to come out of it into a low inflation, cautious environment. A war is a significantly different event, unlike a pandemic, it is both the destruction of life and of capital (crops, land, building, machinery, factories) and is inherently a cause of inflationary increases. Whilst Ukraine bears the brunt of the economic damage, the inflationary effect in a global economy, reaches rapidly to other nations. It is now the Ukraine war, rather than the aftermath of the Covid-19 pandemic, that is having the most significant effect upon our well-being. It is driving inflation and it is the source of national insecurity as people again seek safety and security.

As a company we played a significant role in outbreak testing for Covid-19 and during this rather intense time, as the government focussed on mitigation and containment, the demand for professional commissioned human identity DNA testing reduced significantly. Social services and solicitors were struggling to keep case work going and home working, in terms of client contact, was simply not the answer. However, the latent demand for DNA testing has now released and significant cost pressures are with us all (e.g. cost of living wage increases, rent, utilities). Pressures on the legal aid system still exist and need attention if we are to mitigate this high inflation environment, hold down our costs and still (as a sector) provide great service to families.

There is a specific sector in family services that has been badly affected, by the war in Ukraine. Until Russia invaded, Ukraine was the centre of the surrogacy industry (estimated 25% market share) and of the countries that allow surrogacy, is the most permissive (with clear legal rules) and reasonably priced. It is estimated that before the war, around 2500 babies were born to Ukrainian surrogates per annum. Many surrogates and intended parents were trapped by the war and of course, the immediate reaction was for the Ukrainian surrogate to leave the country. Some made it, others have remained but have been moved to cities further West in Ukraine. Undoubtedly, the surrogacy clinics are struggling to function in this environment and this is compounded by desires to help the surrogate into a neighbouring country. This course of action may invalidate a surrogacy contract made under Ukrainian law where surrogates do not have parental rights over the children that they carry. Altruistic surrogacy is allowed in the UK, but the birth mother is recorded as the legal parent at birth, until a parental order is made in order to change the parentage – a DNA test is required for this and around 400 of such orders are made each year. Other countries are less permissive regarding altruistic surrogacy and it may even be banned completely. We of course continue to advise our UK clients with DNA testing in this difficult situation.

Global inflationary pressures need to be brought under control and all economies will take a while to adjust. With sensible fiscal policy, predictions of an eventual lower inflationary environment next year seem robust. Post pandemic we see UK society evolving with a renewed evaluation of human connection, family and gainful employment, there is indeed a great deal to be positive about.

EWI: Ensure your expert has the necessary expertise for the case

The recent judgement by Mr Justice Turner in Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) is a stark reminder to Instructing Parties of why you should always ensure the Expert Witness you appoint has the correct expertise for the case.

In this case, the claimant asserted that straw bales which had been used as a race track barrier should not have been removed and replaced with tyre barriers.

The judgment reads:

26. Mr Parrish gave evidence on behalf of the claimant. He described himself as a “rider, driver, team manager, owner and commentator in many fields of motor sport”.

27. Mr Jowitt gave evidence on behalf of the defendant. He is a qualified

engineer with experience in accident reconstruction and the examination of safety fence systems following collisions.

28. Unhappily, Mr Parrish cut a rather sorry figure in the witness box. Quite simply, he lacked the necessary expertise to substantiate and justify his conclusions. It thus came as no surprise to me that the claimant’s written closing submissions placed no specific reliance upon any part of his evidence.

29. At the centre of the claimant’s case, as originally framed, was the assertion that the straw bales should never have been removed because they were safer than tyre barriers. However, I am sorry to say that, Mr Parrish’s evidence to this effect was entirely devoid of scientific foundation or logical analysis.

30. Mr Jowitt, in contrast, performed laboratory tests which demonstrated that straw bales are significantly stiffer than a tyre wall. Accordingly, in this regard, the deployment of straw bales would have made the barrier generally less rather than more safe. Mr Parrish was simply unable to counter these findings having carried out no tests of his own.

In short, make sure your Expert Witness has the right expertise for the case and also make sure they have had training in being an Expert Witness so they truly understand their duty to the Court.

Article by Simon Berney-Edwards 13 November 2022

Relationships remain key in the age of technology

Personal relationships are still the heartbeat of business success, despite the increasing use of technology. Personal relationships convey how we value one another. Personal relationships enable us to have empathy with one another’s situations.

In his seminal book, “How to win friends and influence people,” Dale Carnegie wrote

“If there is any one secret of success, it lies in the ability to get the other person’s point of view and see things from that person’s angle as well as from your own.”

Business relationships then are as much about understanding the challenges we all face in our daily encounters.

The search industry has seen significant changes in recent years. Massive consolidation has seen so many of the traditional search companies swallowed up into larger corporates. We have to find ways of differentiating our service offerings, building that trust in client relationships, and delivering services which conveyancers feel add value to their business.

Don’t get me wrong, consolidation has brought with it huge advances in technology and customer experience. Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too! With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes.

The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch. Do we rely on technology too much? Are chat bots, apps and portals what our clients really want and need? What happens when things go wrong? People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.

I recently won back a client from a rival supplier. When I asked what it was that brought them back to us they said that they felt as

though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!).

In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken. This is where knowledge, experience, and expertise really make a difference. Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship.

Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It’s about trusting that the job is going to get done right, first time.

The challenge when introducing technology is that you take a step back from that personal touch. You risk losing the experience and expertise provided by the people when you are over-reliant on the technology. At Geodesys we have people who have been with us since the start, 25 years (and counting!), no amount of technology will replace their understanding and expertise. They are an integral part of our account management and customer service offering. They know the search industry inside out.

The key is getting the right combination of technology and people.

Going back to Dale Carnegie’s quote; the organisations who can empathise with the clients, and understand how to respond, will be the best at winning friends and influencing others.

Kay Toon is an Account Manager at Geodesys

Northamptonshire Law Society

And Finally...

Welcome to the final publication of 2022.

I hope that you have enjoyed flicking through the pages and catching up on the Legal updates, and details of the Awards event that was hailed as a success by all attendees. It was marvellous to get people back together, enjoying a social occasion face to face.

During the last 12 months NLS have been involved with the Legal Walk, supported the President’s charity KidsAid via Fashion shows, Christmas Fairs, Indian banquets, funds raised via the Awards evening, and just recently “The Big Give”.

We have been delighted to see the return of face-to-face training and are busy filling next year’s diary with networking events, and further training days.

Please feel to drop me a note if there is a specific field of law for which you would like me to source training for- you can find me at sec.nls@outlook.com, or via my mobile – 07543 662572. I always enjoy hearing from members!

As the year draws to a close, I would like to thank our Patrons and the local Northamptonshire businesses who have supported, attended, and interacted with the Society throughout the year.

Wishing you and yours a wonderful festive holiday, and I look forward to collaborating with you during 2023.

Best wishes

Carolyn

Coles

Society Manager

Tel: 07543 662572

Email: sec.NLS@outlook.com

Northamptonshire Law Society