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Biggadike v Kamilia El Farra & Anor [2024] EWHC 1688 (KB)
Welcome all to this edition of the Bulletin...
Hi all.
I can honestly say that the last four months since I took over as President has shot by like a whirlwind!
My first item on the agenda was speaking to our existing patrons - to thank them for their continued support and also see how we can work more effectively going forward. We have some ideas in the pipeline so watch this space!
As you all know, my charities of the year are Parkinson’s UK and Hope UK so I kicked things off with a sponsored walk for Parkinson’s UK (& took along my two miniature dachshunds, Ben and Milo) and was delighted to raise £270. A great start. Next came our annual awards dinner with a ‘Casino Royale’ theme, celebrating 145 years of the Society. What a fabulous night it was.
Northamptonshire Law Society
Officers & Council Members 2024
President
Sarah Franklin
Vice President
Laura Carter
Immediate-Past President
Maurice Muchinda
Honorary Secretary
Ika Castka
Honorary Treasurer
Afua Akom
Massive congratulations to all of the worthy nominees and winners, and thank you to all of you who came and made it such a special night, including presidents and vice presidents from other nearby Law Societies, our patrons, sponsors and guests. Our game of ‘heads &
Constituency Member
Steven Mather
Council Members:
Jabeer Miah
David Browne
Michael Orton Jones
Euan Temple
Oliver Spicer
Sharine Burgess
Edward St John Smyth
tails’ raised a fabulous £540 for my charities.
October has been busy as I’ve represented the Northamptonshire Law Society at the Midlands Asian Lawyers Association Ball, Hawson’s Autumn drinks evening to
Lyndsey Ward
Hassan Shah
Society Manager
Carolyn Coles
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.
Northamptonshire
celebrate their 170 years and the retirement of David Cairns, and finally the High Sheriff’s Court Service and Procession.
We’ve also had two great conveyancing training sessions from Ian Quayle. There are more training sessions and social activities planned, so keep an eye on your emails and our LinkedIn page for full details and please do get involved!
As I’ve said previously, the Society is here to support you, its members - so if there is anything that I or any members of the Council can do to help or support you, please do contact us.
I hope you all have a fabulous end to 2024!
Kind regards,
Sarah Franklin
President Northamptonshire Law Society
Generative AI usage in law firms: Control and governance
Generative artificial intelligence (AI) has gained significant media attention due to its potential benefits and opportunities for various industries. However, unless monitored and managed carefully, use of generative AI also presents significant hazards. It is important for law firms to take action to understand how it is being used within their organisation, and how to identify control and mitigate potential risk events.
There have been instances of professional service firms, including law firms, being encouraged to use open-source, public generative AI tools for legal work. Potentially, these tools may be accessed by practitioners of all levels, and it is critical businesses ensure they are aware of the potential risk events that may occur, including:
• Breach of confidentiality
• Infringement of data rights
• Intellectual property infringement
• Cyber-crime from malicious actors hacking user accounts
• Hallucinations and errors (plausible sounding answers, but incorrect results)
• Limited or outdated training data in in the tool, with the result that outputs are unreliable
• Generative AI not being designed or trained for legal work
It’s important to note that there could be ethical and transparency risks associated with clients consenting to the use of generative AI tools on their cases, and how such tools will use and hold their personal data. There have already been several instances of clients using AI detection tools to help challenge lawyers about employing generative AI without clients’ prior knowledge and approval. Law firms should also consider whether cost savings resulting from the use of generative AI are being passed on to clients.
If not in place already, it is strongly recommended that clear work instructions are now issued by managers and supervisors and acknowledged by all colleagues. Records should be kept of initial and updated guidance in order to protect law firms, as evidence of this
may be potentially required in the future. Similarly to software patching, in order to be effective, it is crucial that this risk is understood and behaviour is controlled consistently across the whole firm. Additionally, all colleagues need to be aware that the introduction of AI could create cyber risks that cyber criminals may potentially exploit.
Unless specifically approved in advance and in writing by senior management, we currently consider prohibition of the use of any open-source generative AI programme for work-related purposes — on work-related devices or transmitted to work-related devices — as the best form of risk management. In order for this to work sensibly, it is implicit that senior management are themselves sufficiently informed to make judgements on such approvals or refusals. The Solicitors Regulation Authority (SRA) requires that firms ensure “governance frameworks remain fit-for-purpose and underpin the responsible adoption, use, and monitoring of AI.” (See: https:// www.sra.org.uk/solicitors/resources/ innovate/compliance-tips-forsolicitors/# :~:text=It%20is%20open%20 to%20solicitors,in%20particular%20 that%20of%20AI).
If intended, it should be made clear at the time of the prohibition that breach of this requirement could result in significant repercussions, for both law firms and employees.
If firms choose to permit the usage of generative AI tools, then it is essential to establish clear guidelines regarding:
• The scope of permitted use
Clearly define how, why, and for what purpose generative AI may be used.
• Authorised and prohibited tools
Specify which particular generative AI tools are authorised and which are prohibited.
• Authorised user groups
Clearly identify who within the firm is authorised to use generative AI tools.
• Output monitoring Develop short- and long-term
strategies to provide assurance on the accuracy and reliability of results generated.
• Record keeping Establish protocols for documenting when generative AI tools are used and how the output is verified.
Firms will also need to consider how they inform their clients about the use of generative AI tools — both for new instructions and ongoing matters. The SRA recommends* that firms inform clients when AI will be used for their case, and how it will operate.
Some underwriters may ask questions about usage and adoption of generative AI and whether or not the organisation is exploring a firm-wide system. Further questions anticipated are:
• How are you currently controlling usage and minimising risks from open-source public usage tools?
• Have you issued a policy on the use of generative AI and if so, how are you monitoring adherence to your policy?
• Do you use any tools to check and monitor unauthorised use of generative AI and if so, what have you found?
Even if your insurer does not ask questions about use and control of generative AI during the next renewal, other stakeholders, such as clients, regulators, or colleagues, may start enquiring about your use of generative AI. Nonetheless, we expect all of those stakeholders will be looking for clear answers on these points very soon. It is important for law firms to proactively address these concerns and establish robust risk management practices to ensure the responsible and secure use of generative AI tools.
John Kunzler, Risk and Error Management, Marsh
Victoria Prescott, Risk and Error Management, Marsh
As I write this, I am preparing to attend a 2-day session of Council on the 8th and 9th October, following which will be the AGM; I’ll update you about both in due course.
Each quarter, the Chief Executive of The Law Society, Ian Jeffrey, publishes an activity report (which can be found here: https://tinyurl.com/TLSQ3) and it really demonstrates what TLS does for its members in meeting its core objectives, which are currently:
1. We will promote the value of the profession and provide a compelling member offer
2. We will protect the justice system and make sure it applies to everyone equally
3. We will maximise our potential by growing our commercial reach, by being efficient and sustainable
4. We will be an employer of choice for people who want to make a difference
Since the last magazine, the President of the Law Society took urgent steps to defend our profession. 39 solicitors’ firms and advice agencies working in immigration and asylum law were on a list of targets for rioting by the far right. TLS got involved with the Prime Minister, Home Secretary and local police forces to ensure the threats were treated with utmost seriousness. Thankfully, these attacks did not materialise. However, these threats against our legal profession were an attack on democratic values.
At the AGM we will say goodbye to Nick Emmerson as President and welcome Richard Atkinson to the role. Richard has set out three key themes to his presidency:
• Justice Matters - A well-functioning democracy depends on the rule of law and access to justice, which create legitimacy and accountability of government for the people, as well as acting as the beating heart of the UK’s international reputation.
• Pride in the Profession - Our members are proud of being solicitors. The work that solicitors deliver makes a huge difference to people’s everyday lives, helping us navigate the legal system to access justice. We serve all corners of the country and are fundamental to the operation of society.
• Celebrating 200 Years of the Law Society - As we celebrate our 200th anniversary in 2025, we should use this opportunity to look ahead to what our profession may look like over the next 200 years, as well as acknowledging those that have shaped the last 200 years.
I hope those of you that were able to join the recent Local Law Societies Conference online enjoyed it and got value from it. I know TLS are keen to put on future conferences too. Do let them have your feedback.
There are constant issues, of course. We have recently had the LSB confirm they are content for the SRA to hike our practising certificate fees massively, which will hit many small firms. Meanwhile, the SRA are proposing to extend its fining powers. There are issues with the SQE exams (not least whether they are fit for purpose, but its pass rates etc), the Post Office scandal, the Axiom Ince report due, the future of Form TM6 in conveyancing and much more besides.
At next week’s meeting we will be discussing many of these issues. We’re also set to discuss and approve the Law Society’s Business Plan for 24-25, its budget and lots more (its 236 pages of pre-reading!). The new Government brings with it a raft of new or changed legislation proposals, and TLS also play an important role in ensuring justice for all but also representing our members interests.
For me, as I’ve said before, I see my role as being your voice in the National Council. If there are issues you are facing, of any kind, do get in touch. I’d love to meet and discuss, and hopefully I can raise the points nationally and see how The Law Society might help. You can always contact me by email steven@ stevenmather.co.uk
Steven Mather
Law Society Council Member
Northampton High School GDST - Why girls only?
There’s an inescapable truth: girls learn differently from boys and thrive in an environment specifically designed just for them. This is why I am a strong advocate for single sex education for girls; the unique learning styles and needs of girls warrant a tailored educational approach that fosters confidence, curiosity, collaboration and critical thinking. In such environments, girls are free from judgement and societal constraints, and they learn to tear up the rulebook on what they can and can’t achieve. A classroom devoid of gender-based expectations regarding academic strengths or weaknesses, and free from the fear of embarrassment or labelling, provides girls with the freedom to experiment, test their assumptions and confront their limitations – essentially, it allows them to truly learn.
It’s there in the research and evident in my daily observations at Northampton
High. Our girls can try and fail without judgement, forge their own identities, assume leadership roles or support their peers, and build self-confidence, self-worth and self-knowledge. Our Sixth Formers take leadership roles as part of the Student Senior Leadership Team and Heads of House and deliver them in their way, be that collaboratively, authoritatively or creatively, influencing through teamwork, persuasion and cooperation. We are modelling the world we want to see. Moreover, we prepare them for a co-ed world by discussing and encouraging healthy relationships, exploring how a mortgage works and providing the emotional support they need to navigate life.
In today’s world, girls-only education is more important than ever. Girls learn best through discussion and exploration because more areas of their brain are dedicated to verbal functions, while a
greater part of boys’ cerebral cortex is concerned with spatial and mechanical functioning, resulting in their shorter concentration spans than girls. In classrooms without boys, girls can flourish. They feel more free to pursue a wider range of subjects, to participate more actively in lessons, challenge others’ views, take leadership roles, work collaboratively and contribute meaningfully towards an equitable society.
We must continue to recognise and champion the importance of girls’ only education in shaping a brighter future for all. At Northampton High, we are proud to provide a diverse and inclusive community that empowers our girls to believe there is nothing they cannot achieve and that everything is possible.
Dr May Lee, Head of Northampton High School.
NLS Awards Dinner 2024
This year’s awards event was held at the Delta by Marriott on Friday September 20th.
Firms from in and around Northamptonshire came together to celebrate the amazing people we have in our profession.
THE PRE DINNER DRINKS RECEPTION
VIP DRINKS RECEPTION
The worthy winner of the heads and tales game
Former past NLS President David Chinery and his wife
Leon Houseman from Landmark, Alice Kinder President Birmingham Law Society, Sarah Franklin President NLS
Greg Hollingsworth (Leicestershire Law Society) and Steven Mather (our national Law Society Council Member)
Robert Lee
Council members Ika Castka, Maurice Muchinda, Lynsay Ward
The Awards
NLS Prize for Outstanding Academic Achievement (Best Undergraduate Dissertation)
The NLS Prize for Outstanding Academic Achievement (Best Undergraduate Dissertation) was awarded to Kuziyakwashe Mandhuku.
For many years the Society has supported the Law Division of the University of Northampton by awarding a prize to the best performing student in their final year. The award recognises academic achievement and rather than applying rigid criteria, exercises a judgment to a worthy recipient. The 2024 award was presented to Kuziyakwashe Mandhuku.
Kuziya’s dissertation looked at the substantial topics of ecocide, climate change and sustainability through a lens on international environmental law as applied to corporate bodies. It would have been
easy for a dissertation on these topics of global importance to have become merely a surface-level piece of work, but Kuziya’s still was to combine brevity and depth. His work was exceptionally well researched and written in a clear, concise, academic and engaging style. The material was wellpresented and the arguments and analysis were strong throughout.
As a dissertation student, Kuziya was exceptional. He attended every meeting not as an opportunity to passively receive feedback, but as an active session for discussion and development of ideas. Kuziya was an absolute pleasure to supervise, and to work with across the year. He undoubtedly has a bright future ahead of him, and he is fully deserving of the Northamptonshire Law Society Prize.
Support Personnel of the Year –sponsored by BTT Communications
The Shortlist of nominees
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. Winner of the Northamptonshire Law Society Support person of 2024 was presented to Vicki Redman.
The nomination exemplifies her wideranging role as a trainer. Her dedication to this is shown by the additional qualification that she has undertaken, and her use of technology to support her colleagues’
Laura Carter, Sarah Franklin, Ika Castka, Carolyn Coles
Aaron Coleman from Parkinsons uk delivering his speech for the Charity before the award commenced.
The President Sarah Franklin, delivering her presidential speech
learning. In addition, she provides expert guidance externally including to Government, and advises on the impact of climate change. There is a clear synergy between the different aspects of her job, and her wider contribution to the firm, clients, and the community.
After receiving her award, Vicki said “I think it’s really important that all firms, and the Law Society, recognise the contribution made by support staff who are the backbone of the profession and often go unrecognised in these types of events and awards. I’m truly honoured to receive the award, not just as recognition of the work I have put in over the last 12 months, and the amazing support offered to me by Shoosmiths, but also to show how important all support staff are –it would be great if everyone could get an award. The award also has motivated me to do even more over the next 12 months and to be proud of my achievements.
Thank you to everyone at Shoosmiths Northampton office for supporting and encouraging me, cheering me on, and just being an amazingly wonderful bunch of people and a fantastic place to work”
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.
Mahira provided the following statement after receiving the award.
“I am so honoured to receive the Junior Lawyer of the Year award for 2024. Being shortlisted was an incredible honour in itself. I am truly humbled by the kind words and support from my family, colleagues and also the feedback from the clients I have represented. My passion lies in advocating for individuals and families affected by clinical negligence. It is an absolute privilege to work for my clients and fight their corner during challenging times. The opportunity to make a meaningful difference and contribute to the pursuit of justice is what makes my job so rewarding. Additionally, it is a great pleasure to work alongside my wonderful colleagues within our Serious Injury team at Shoosmiths, and to advocate for diversity, inclusivity, and social mobility within our firm and the wider community. I am sincerely grateful for the recognition from the Northamptonshire Law Society.”
The judges all agreed that this particular nominee shows the best match to all the criteria for this category. They exemplify the range of pathways into a legal career, and they are now specialising in a challenging and complex area. I was very impressed by the care and sensitivity that this nominee shows towards clients, and their ability to identify the wider legal issues arising in relation to clients. Their engagement work, supporting local students into the legal profession, is important in its contribution to inclusion and diversity. Definitely a talented junior Lawyer.
All the shortlisted nominees were very highly commended and as such to pick just
Vicki Redman being presented with her award by Robert Bright of BTT Communications – sponsors of the award
NLS Young Lawyer of the year – The Sarah Banner Award sponsored by Shoosmiths
The Young Lawyer of the Year was awarded to – Mahira Butt from Shoosmiths.
Mahira Butt being presented with her award by Sharine Burgess.
NLS Solicitor of the Year 2024 – (The Fiona Moore Prize) Sponsored by Wilson Browne
one proved particularly difficult.
The Shortlist nominees were:
Tom Warrender (Wilson Browne)
James Chadwick (West Northants Counci)l
The Solicitor of 2024 award was presented to James Chadwick. It was agreed by the judges that James was a worthy winner of this category. The nomination form and testimonials highlight his wide-ranging work and expertise as a senior lawyer. His work is diverse and challenging, involving a variety of stakeholders, and effectively managing his team across their portfolio. It is clear that he also contributes more widely to the community through acting as a Presiding Officer. It’s great to see a public sector nomination, as this shows the diversity of careers and talent across the Northamptonshire legal community.
Ika Castka presenting The Solcitor of the Year award 2024 to James Chadwick, The NLS Solicitor of the year 2024
James Chadwick provided the following comments after receiving the award
“I am deeply honoured and more than a little shell-shocked to have won this prestigious legal award. This recognition is less about my individual efforts, but more a reflection of the unwavering support and collaboration of my incredible colleagues in the West Northamptonshire Council in-house legal service, especially those in the litigation team. Their support has been invaluable, and I share this achievement with all of them. Together, we have navigated the complexities of the local government legal
landscape, always striving for excellence, with the best interests of the public at the forefront of our minds. This award symbolises our collective dedication to upholding the highest standards of legal practice and our commitment to serving our community with integrity and passion.
Winning this award is a humbling reminder of the responsibility we all bear as legal professionals, regardless of whether we work in the private or public sectors. It inspires me to continue to try and mentor the next generation of lawyers who will shape the future of our profession in the public sector. I am grateful for this honour and pledge to use it as a catalyst for furthering our mission of fairness, equity, and the rule of law.”
NLS Law Firm of the Year - Sponsored by Landmark Information group
This category has always proved to be a fiercely fought sector, and this year proved to be no different with the following shortlisted nominees: Wilson Browne, SP Law EMW, VSH Law, Shoosmiths.
The NLS Law firm of the year 2024 was awarded to Shoosmiths. All the shortlisted nominees have been very highly commended and as such to pick just one has proved particularly difficult. However, Shoosmiths entered an impressive submission ticking all of the boxes of the application form and beyond.
Parsons from Landmark
Allie
presenting the NLS The Law firm of the year 2024 to Mrs Sharine Burgess from Shoosmiths
NLS Winners of Law firm of 2024 - Shoosmiths
After being presented the award, Sharine Burgess, Partner and head of office said ”It has been quite a year for Shoosmiths announcing record financial results as we move forward with our ambitious strategy. We have made significant investments in our people, technology and infrastructure which have all played a part in our continued success. The Northampton office is integral to this; very much the powerhouse of Shoosmiths, driving forward innovation and promoting an inclusive and supportive culture. I could not be prouder to head up this incredible office and to work with such a talented team of people who are all committed to delivering excellence. I am thrilled that this has been recognised at the Northamptonshire Law Society Awards this year.
President’s Charities
The President has chosen 2 charities to support during her year in office. Thuli Ndlovu from Hope UK gave an informative and inspiring presentation on educating us all on the subject matter of drug abuse in teenagers.
The top table guests consisting of Council members of the Society, local dignitaries, and other local law society Presidents: Guest’s details left to right – Marie Dancer Nottingham Law Society VP, Lucy Tissington VP Derbyshire Law Society, Alice Kinder President Birmingham Law Society, Rachel Mcgrath Northampton Community Foundation, SarahFranklin NLS President, Greg Hollingsworth VP Leicestershire Law Society ,Robert Lee President Warwickshire Law Society, Kirsty Richards President Hertfordshire Law Society and Steven Mather Constituency representative Leicestershire and Northamptonshire.
The Patrons & Sponsors
The Council wished to extend their thanks to their Patrons for their continued support and engagement and to the individual firms who sponsored the award categories.
Patrons
Hawson’s Accountants
Marsh
University of Northampton
Landmark information Group
Sponsors
Headline Sponsors- Review
Wilson Browne
Shoosmiths
Landmark Information Group
Trinity Hawk
BTT Communications
After the official proceeding had ended, guests enjoyed the casino tables and the 360
Looking forward to celebrating with you all in 2025 !
photo booth. Sadly too much fun was being had to warrant many photo’s being taken !
A massive thanks to all that came and supported. Well done to all for those who were nominated, shortlisted and to the winners .
Finally, many thanks to all of the patrons and sponsors who continue to support the Society.
Northamptonshire
Climate change and the future of property: new research reveals growing industry commitment
Climate change is no longer a ‘next generation’ threat; it’s on our doorstep impacting many different aspects of our lives, not least within the property sector.
Buildings are a major contributor to greenhouse gas emissions, and the effects of climate change are posing considerable risks to property values and future habitability. It is now undeniable that our sector needs to adapt.
“The property sector is a big part of the problem, as today, 40% of greenhouse gas emissions come from our buildings. If left unchecked, this is set to double by 2050.”
– Chris Loaring , Group Sustainability Director, Landmark Information Group
To understand how the property industry is starting to adapt, Landmark conducted comprehensive market research of 150 senior level employees working in estate agency, residential conveyancing, and
mortgage lending across England, Scotland and Wales. Our findings have helped us gauge the growing commitment towards sustainability, and how we can help support and nurture this further.
The consensus from the industry
Our report, “Climate change in the property sector: a cross-market perspective,” takes a thorough dive into the findings:
Growing
concern
Climate change is no longer a distant threat. A significant majority of property professionals (72%) recognise the urgent need to address its impacts. This growing awareness is driving a shift towards sustainable practices within the industry.
Client awareness
Property professionals said that clients are increasingly concerned about the potential effects of climate change on their property purchases. Flooding (60%), energy efficiency (58%), and local planning (56%) are among the top priorities for homebuyers. As climate risks become more apparent, these concerns are influencing decision-making processes.
Shifting practices
The property industry is adapting to the changing climate, and more professionals are actively advising clients. For example, mortgage lenders are, on average,
advising 48% of their clients on potential climate change risks to their property, a similar number can also be seen from estate agents (49%).
Room for improvement
While the industry is making progress, there is still room for improvement. Less than 60% of conveyancing firms are currently on track to meet carbon emission targets. This highlights the need for continued efforts to reduce the industry’s environmental impact.
Encouragingly, more businesses have created net zero strategies (76%, up from 52% in 2023). Conveyancers have made significant progress, with 48% having published their own strategies. This is a demonstrable sign at just how much positive momentum towards solutions the industry is taking when it comes to the fight against climate change.
To gain a deeper understanding of the trends and insights from our research, download your copy of ‘Climate change in the property sector: a cross-market perspective‘ here: https://info.landmark. co.uk/climate-change-market-research
Key Considerations for Law Firms Changing Legal Software: Insight from the LSSA CEO Kevin Horlock
“To
Change or Not to Change?”
Most law firms face the question at some point: should we change our legal software supplier? Kevin Horlock, CEO of the Legal Software Suppliers Association, shares key considerations.
Why Change?
Firms typically upgrade software when their current system can no longer meet business needs, whether due to increased transaction volume, expanded services, or a desire for advanced record-keeping capabilities. Modern software offers enhanced functionality, scalability, and features like AI integration, which can be critical for future growth.
When evaluating new software, firms should assess licensing structures, functionality, user access, cloud compatibility, training availability, and customer support. Independent testimonials and demonstrations are essential for informed decision-making.
Data Migration Challenges
Transitioning data between systems can be complex due to differences in how data is structured. For instance, one system might store addresses in a single field, while another uses multiple fields. Preparing and cleaning existing data is crucial to avoid transferring outdated or inaccurate records.
Data may also require transformations to align with the new system’s format. For example, fee-earner identifiers might need to be updated consistently across records to maintain data integrity.
Document Migration
Documents like Word files, PDFs, and invoices linked to cases must also be transferred. Where data is stored locally, migration is relatively straightforward. Cloud-stored data may require encrypted downloads or other secure transfer
methods. Firms should account for the time needed to handle large volumes of files.
Plan Ahead
Migrating to a new system is a significant undertaking that demands thorough preparation. The Legal Software Suppliers Association offers guidance and white papers to assist firms through the process.
If you have any questions, please email me at the following address: ceo@lssa.co.uk
For the longer version of this article please click here: https://www.lssa. co.uk/2024/11/18/to-change-or-not-tochange/
Kevin Horlock LSSA CEO
Kevin Horlock Kevin Horlock
Lease Renewals under the LTA: Proceed with Caution
Kwik-Fit Properties Ltd v Resham Ltd [2024] EWCC 4 (09 August 2024)
Summary
This case concerns an unopposed business lease renewal claim brought by Kwik-Fit Properties Limited (“Tenant”) against Resham Limited (“the Landlord”).
The dispute relates to three specific terms of the renewal lease; a tenant’s break option, tenant’s contribution towards the maintenance and repair of the shared accessway and the amount of the rent payable under the new lease.
Background
The Tenant, a renowned business in the mechanics industry, acquired the lease for the property on 9th April 1996 (“1996 Lease”) on the following terms:-
i. A term of 25 years, to and including 8th April 2021;
ii. Rent of £35,000.00 payable in quarterly payments;
iii. Upwards only rent review every 5 years;
iv. No tenant break options.
The contractual term of the lease expired on 8th April 2021 but continued thereafter under Section 24(1) of the Landlord and Tenant Act 1954 (“LTA”).
Under Section 26 LTA, the Tenant served a notice on the Landlord dated 10th February 2021, requesting a new lease from 10th November 2021. The Landlord did not serve a counter notice refusing the grant of a new lease.
The Tenant applied to the courts on 29th October 2021 to issue proceedings against the Landlord in order to agree specific terms of the new lease. The Tenant wished to vary the terms of the original lease to include a Tenant’s break option, an amendment to the cost contribution relating to the shared accessway, and to vary the rent payable under the lease.
Issues:
The Judge commented that the three main questions at hand were as follows:-
1. “Should there be a change in the terms of the new lease compared with the 1996 Lease, so that as well as the agreed term to be granted of 15 years, there should be tenant only break clause exercisable every 5 years?
2. “Should a clause regarding the tenant’s obligation to contribute to the costs of repair and maintenance of the Accessway be changed compared with the 1996 Lease, so that they are capped at one-third of the full costs?
3. “The courts are given a wide discretion regarding the terms of the lease except for rent as per Section 35 LTA. However, the courts when exercising that discretion must take into account the main terms of the current lease and ‘all relevant circumstances’”1
Decision
1. Inclusion of Break Clause
When considering whether the Tenant had grounds to include a Break Clause into the new lease, the Judge considered Section 35 LTA in addition to various cases – with specific reference being drawn from O’May v City of London Real Property Ltd [1983].
The Judge, considering Section 35 and having reviewed speeches from Lord Wilberforce and Lord Hailsham in O’May, decided that when the courts are considering varying the terms of an existing lease, the changes proposed must be ‘fair and reasonable,’ and there must
be ‘a good reason, based on fairness, to impose the proposed new term.’2
The Judge went on to caveat these criteria, placing the burden of the reasonableness test onto the person proposing the change, in this case, the Tenant. The Judge also offered commentary on the LTA 1954: the Act is not intended to make the terms of the current lease more rigid.
The Tenant put forward various arguments for including the break clause, i.e., the prospects of future residential development would diminish the property’s use and suitability for the Tenant’s business and the property being of inadequate size for storage.
However, the Judge, applying the above criteria to the circumstances of this case and looking into the market practice of the Tenant’s industry, decided that it would not be fair and reasonable to include the break clause in the new lease. The decision of omitting this clause from the 1996 Lease was a commercial decision by both parties, and the Tenant was unable to prove that there was a real possibility of a potential need to terminate the new lease due to the property being unsuitable for the Tenant to carry on their business.
2. Proposed Alterations to the Tenant’s Covenants: Accessway Costs Contribution
The Tenant wanted to remove the Landlord’s ability to increase or decrease the Tenant’s contribution towards the accessway maintenance costs as they saw fit. They argued that the Landlord (who did not own the accessway) could only be liable to pay one third of the costs towards maintenance and repair and therefore, the same should be afforded to the Tenant as a fixed sum, with no scope for fluctuation.
The Judge decided against the amendments proposed, finding that there was insufficient evidence to show that the Landlord could never incur a
Hassan Karim
liability exceeding one third of the costs themselves – an increase that could not have been passed onto the Tenant if the amendments were made.
3.
Rent
Section 34 LTA sets out the test for the determination of rent; stating that the court will look at the terms of the lease as a whole (except for terms relating to rent), that the premises may attract on the open market.
Both parties, employing experts to submit evidence as to the determination of market rent came to significantly different conclusions as to the proposed new rent. The experts submitted a number of comparables based on:-
1. Open market lettings;
2. Arm’s length lease renewals or rent review agreements;
3. Expert determination;
4. Arbitrator’s awards;
5. Lease renewals determined by the court.
Based on market rents, the Tenant’s experts proposed that the new rent should be £27,400.00 per annumsignificantly lower than the rent payable under the current lease which remained at £35,000.00 as the landlord did not implement the rent review. The Landlord’s experts proposed a rent of £46,250.00.
The Judge decided, based on the evidence submitted by both parties, that the new rent payable under the new lease would be £39,300.00 per annum.
Comments
This case demonstrates the courts’ reluctance to include materially different terms within renewal leases. The LTA was introduced to better protect the interests
Thank You from Parkinson’s UK
of business tenants and to afford them security of tenure. It was not introduced as a means for tenants to renegotiate the terms of their leases to better their position by trying to introduce terms that were not agreed during the initial negotiations.
Parkinson’s UK would like to thank the Northamptonshire Law Society for their current incredible support. Locally there are 1,540 people living with Parkinson’s in Northamptonshire and thanks to the NLS we get closer to a cure. Parkinson’s UK is here for everyone affected by Parkinson’s. We’re close to major breakthroughs and the NLS’ contribution gets us closer to a cure. Until then, we’re here for everyone affected by Parkinson’s, fighting for fair treatment and better services. Making everyone see its real impact. Thanks to your support we’re helping to get Parkinson’s understood, and allowing us to deliver better support every day.
Parkinson’s is the fastest growing brain condition in the world, two more people are diagnosed every hour in the UK. More than 1 million people in the UK are affected, either by living with Parkinson’s, or as a friend, colleague, or family member of someone who is. To find out more about Parkinson’s UK and how to fundraise, please visit:
parkinsons.org.uk or call our Helpline on 0808 800 0303 .
Only one in five believes they can access justice
Only one in five (21%) believes justice is accessible, warns the Law Society of England and Wales.
This warning comes as research* by the Law Society and the Legal Services Board reveals that the justice system is not open for all, as one in three (38%) with legal issues did not receive any help. One in ten (13%) assumed it was too expensive, 8% did not know how to find an advisor and 5% believed it was too difficult.
There is also a lack of awareness about what legal aid is available for. Three in ten (29%) did not know it was available for any issues, half (49%) said it was available just for crime-related issues; and two in five (43%) said it was available for domestic violence.
Law Society president Nick Emmerson said: “There is alarmingly little confidence in access to justice or awareness of legal aid.
“Those on lower incomes, who are likely to be eligible for legal aid, are also more likely to think legal aid is unavailable.
“It is disheartening that our justice system has failed to provide support for those who cannot pay legal costs.
“Not only have massive cuts in legal aid left countless without access to justice, but weak public legal education has also left millions in the dark.
“We will continue to push the UK government to invest in solutions that ensure accessible justice for all, a strong
legal aid system and better public legal education.”
*The Law Society of England and Wales and the Legal Services Board (LSB) have produced the Legal Needs Survey 2023 report with YouGov on the legal needs of individuals across England and Wales:
Those unsure of their eligibility for legal aid can use this government tool to check:
https://www.gov.uk/check-legal-aid
Uni scoops award for increasing the diversity of retailer’s security operations
The diversity and inclusion programme at the University of Northampton (UON) is paying dividends after its Criminal Justice team scooped an award along with the security arm of a high-street retailer.
During the 2024 Fraud Awards at the King Power Stadium in Leicester on Thursday 3 October, lecturers in UON’s Criminal Justice department stepped up to receive The Retail Risk Diversity and Inclusion Award along with Zinc Systems.
Zinc Systems are a Northamptonshire based software and security firm which manages intelligence and crime fighting for the DIY retailer B&Q. As a local firm they have taken on several UON graduates.
According to the Security Industry Authority (SIA) men heavily outnumber women in the security sector by seven to one and Zinc have been working hard with B&Q to increase the diversity of their workforce.
Alexandra Baxter, a graduate of the UON Criminal and Corporate Investigation degree, is now a Junior Crime & Intelligence Analyst for Zinc.
She was anxious about finding work in a male dominated industry but added: “Nothing could have prepared me more for my career
as a Crime and Intelligence Analyst than the dedicated staff in the Criminal Justice Studies department at the University.
“It is my greatest pleasure to see the close partnership between Zinc Systems and the University of Northampton has been recognised for its achievements.
“In the past five years, the University has produced five successful analysts who have worked in the Crime Centre, and I’m confident we’ll see many more graduates with us in the years to come.
“The wealth of knowledge and practical skills the Criminal and Corporate Investigation course provides is unparalleled and I have everything to thank for it.”
Steve Haycroft, UON’s Lecturer in Criminal Justice Studies was one of those who received the award and said diversity and inclusion is not just about fairness and equality, it is also about driving forward innovation and growth.
He said: “We have great debates and discussions in the classroom because we have people from all backgrounds, different genders and ages, and those for whom English is a second language. All those different perspectives bring something
unique to the classroom for lively and insightful discussions.”
Jo Bloomfield, Head of Crime Centre at Zinc Systems, said the Criminal Justice team at the University of Northampton has been exceptional in preparing graduates— particularly women—for the traditionally male-dominated sector.
She added: “Their inclusive approach not only equips graduates with the necessary skills and knowledge but also empowers women to thrive in this challenging field.
“This dedication to diversity and inclusion is vital for shaping a workforce that mirrors the communities it protects, and it is encouraging to see such progress in an industry that benefits from varied perspectives.”
Anyone thinking about a career in policing, or the security and corporate investigation sector, can browse courses within the Criminal Justice department webpage: https://www.northampton.ac.uk/study/ courses-by-subject/criminology-andpolicing/ Or find out more about UON’s approach to closing performance gaps on its Equality, Diversity, and Inclusion webpage: https://www.northampton.ac.uk/about-us/ governance-and-management/management/ equality-and-diversity/
Our consultation with members on the TA6 Property information form (5th edition) (2024) has now finished. Find out what happens next.
We worked with 2CV Ltd, an independent research agency, to carry out objective research for the consultation on the new TA6 Property information form (5th edition) (2024).
Now that the consultation with members has finished, we’re analysing the huge amount of evidence collected.
Temporary extension of the use of the 4th and 5th editions of the TA6 form While the consultation took place, we announced that conveyancers could continue using the TA6 Property information form (5th edition) (2024) or its predecessor, the TA6 Property information form (4th edition, second
revision) (2020), until 15 January 2025.
However, it’s become clear that January 2025 is not a realistic date by which to analyse all the evidence and take the next steps to ensure we have the best outcome possible.
We have therefore decided to extend the period that both forms can be used until we have completed that work.
Members will continue to be compliant with our Conveyancing Quality Scheme (CQS) if they use either TA6 (4th edition, second revision) (2020) or if they use the new TA6 (5th edition, 2024).
What happened during the consultation? A consultation on the TA6 property form (5th edition) (2024) was launched in July 2024.
Since July 2024, we’ve been working with
2CV, an independent research agency, to carry out objective research to seek the views and needs of conveyancers and other stakeholders who are using either or both forms.
A total of 1,232 people signed up to take part in the consultation, which has included a survey, in-depth interviews, researchled group discussions, deep-dive online webinars, workshops and roundtables.
“I would like to thank our members for engaging so positively with this extensive consultation,” said Law Society chief executive Ian Jeffery
What happens next?
We’re now working through the volumes of feedback we’ve collected during this process and want to give it all thorough consideration
A further update will be provided in 2025.
The President
Northamptonshire Law Society, 4 Grange Park Court, Roman Way,, Northampton NN45EA 11 October 2024
Dear Ms. S Franklin,
On behalf of everyone at Hope UK, I would like to extend our heartfelt thanks for your kind donation of £270. Your generosity is greatly appreciated and will help us continue our vital work in equipping young people to make drug-free choices.
Amy shared the heartbreaking story of her brother, who tragically lost his life to a drug overdose at the age of 21 while studying at Liverpool University. Reflecting on her brother’s passing, Amy said “Had he been more aware of the risks, he might still be with us. Since his death, I have come to understand that his behaviour was not uncommon-a significant number of young people occasionally or regularly use drugs. This realisation has strengthened my belief in the urgent need for more comprehensive drug education in universities, colleges, and schools to prevent future tragedies like my brother’s.”
Hope UK is a national drug education charity dedicated to empowering young people under 25 to make drug-free choices. We focus on building resilience, teaching life skills to resist peer pressure, and helping young people make informed decisions, especially in high-risk situations. Our programmes also address grooming and involvement in county lines. If you would like to find out more about our current projects, please visit our website: https://hopeuk.org/
Your donation will enable us to reach more young people with this message, helping them understand the risks and make safer, informed choices. Thank you again for supporting our mission and helping to potentially prevent more families from experiencing the sarne loss. If you have any queries, feel free to contact me at the email address or telephone number below.
With sincere gratitude, Thuli Ndlovu
Business Partnerships Manager
t.ndlovu@hopeuk org 020 7928 0848
Northamptonshire
Remember A Charity responds to Autumn Budget
Following the Chancellor of the Exchequer Rachel Reeves’ Autumn Budget statement delivered earlier today, the UK consortium of charities Remember A Charity has welcomed the Government’s decision to keep inheritance tax (IHT) incentives in place for individuals who choose to leave a legacy gift to charity.
Alex McDowell, Vice Chair of Remember A Charity says:
“Fiscal incentives play an important role in inspiring more people to leave a legacy gift and encouraging professional advisers to make their clients aware of the option and benefits of including a charity in their Will.
“Legacy gifts are not only a deeply meaningful way of giving, but they are vital to society, helping to fund everything from hospice care to emergency services, homeless charities to community care supporting people who are alone and vulnerable. The Government’s preservation of these crucial incentives is instrumental in helping to safeguard the longterm sustainability of charitable causes in the UK. These incentives could become even more
impactful should more estates qualify for IHT as a result of the IHT thresholds being frozen.”
Remember A Charity also hopes that the 2% productivity and efficiency savings target set for all Government departments next year will mean that further improvements will be seen in the probate service. In recent months, the situation has seen marked improvement — something that Remember A Charity would like to see continue.
McDowell comments:
“A smooth-running probate service can reduce the stress experienced by bereaved families. It can also ensure gifts kindly included in charity supporters’ Wills can be put to good use sooner, enabling charities to plan and deliver their essential services.”
Remember A Charity had called on Government to protect the fiscal incentives that encourage legacy donations, and had earlier this year presented evidence to the Parliamentary Inquiry pertaining to the importance of a well-run and well-funded probate service. The consortium promises
its member charities to continue to work with the Government and policymakers to influence and shape the future legacy giving landscape for the benefit of charities, supporters and bereaved families.
Matthew Lagden, CEO of the Institute of Legacy Management (ILM) has also welcomed the Chancellor’s decision to keep IHT relief for charitable gifts in Wills and to maintain the exemption from capital gains tax on the sale of property or assets donated to charity.
He says: “Charities rely heavily on legacy giving and there will be a unanimous sigh of relief within the charity community that the Chancellor has seen fit not to make any changes to this incredibly important pipeline of financial support.”
Read Remember A Charity’s joint submission with the Institute of Legacy Management submitted ahead of the Autumn Budget: https://www.rememberacharity.org.uk/ about-us/latest-news/protecting-the-fiscalincentives-on-legacies-and-more/
Deborah Biggadike v Kamilia El Farra &
Anor [2024] EWHC 1688 (KB)
Summary
The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.
Learning points
Learning points for instructing parties:
• It is best to disclose any potential conflicts of interest mentioned by the experts you instruct, to the court and the other parties, even if they appear minor or tangential.
• You should remind the expert witnesses you instruct of their duties and obligations and make a point of selecting expert witnesses who can demonstrate that they have appropriate training in those duties and obligations.
Learning points for experts:
• Engaging in normal professional activities, such as sharing a platform speaking at a conference or seminar with a colleague acting in the same case, should not by itself cause a conflict.
• Expert witnesses in smaller fields will naturally be aware of most, if not all, other experts and professionals
working in their field, and this should not, of itself, cause a conflict.
• Nevertheless, you should disclose any such circumstances to your instructing party.
The
Case
The claimant alleged that she underwent a TVT-A tape implantation procedure that would otherwise have been avoided because of breaches of duty by the first defendant. The claimant and first defendant alleged that that a subsequent mesh excision surgery and colpsuspension performed by the second defendant were a breach of duty.
The Experts
Three expert urogynaecologists provided evidence: Dr Sokolova, Mr Robinson and Mr Toozs-Hobson. The integrity of Mr ToozsHobon and (to a lesser extent) Mr Robinson as independent experts was attacked during cross-examination which sought to suggest that they had personal, professional and/or financial interest in the outcome of the trial and/or had a financial interest in the supply of vaginal mesh products.
Seminar for urogynaecologists
During the course of the trial Mr ToozsHobon and Mr Robinson shared a platform speaking at a seminar for urogynaecologists which had been planned before the trial. Due to changes in the trial timetable, Mr
Robinson was giving evidence over the weekend of the seminar, while Mr ToozsHobson was yet to give evidence. Both experts had informed their legal team of this professional commitment but had not informed the court or the second defendant or her lawyers.
The Judge’s view
The judge noted that it would have been preferable for this commitment to have been volunteered to the court and the second defendant. However, had it been disclosed, the judge would have done no more than to the remind the experts not to discuss the case between themselves, and Mr Robinson (who was in the process of giving evidence) that he was prohibited from discussing his evidence with any other person. The judge was able to ascertain that this was in fact how the experts acted.
The judge went on to note that the sub-specialism of urogynaecology was a small one. Mr Robinson and Mr TooszHobson already knew each other and the defendants before the case. She noted that “[i]t is entirely artificial to think that the organisation and attendance at the weekend seminar would have any effect or impact on [the experts’] evidence. Mr Robinson and Mr Toozs-Hobson had each already provided written reports and then a Joint Statement addressing a detailed agreed agenda. The quality of the substance of their opinion could be and was properly explored through the trial process.”
The judge rejected the suggestion that the experts had approached the task of giving evidence other than in accordance with their duties to the court.
She also rejected any suggestion that either had given evidence that had been improperly influenced by any hidden agenda of protecting personal, professional, or financial interests or had a stake in any particular outcomes in the litigation.
Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.
So, what makes the CON29DW so unique?
Reliability: You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water. Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.
Efficiency: Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.
Expert Support: The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.
The CON29DW also comes with robust terms and conditions to support conveyancers and their clients. The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.
Whether you are acting for a residential or commercial property there is a CON29DW to help.
CON29DW Residential*
• Answers to all 23 Law Society copyrighted questions on drainage and water.
• Includes two maps to illustrate the position of pipes.
• Includes five pages of homeowner information.
• Easy to navigate with interactive features.
CON29DW Commercial**
• Comprises of 27 standard questions aligning with the CON29DW residential report.
• Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities.
• Enhanced T&Cs and Indemnity.
If you’re ready for the full picture, head over to the Geodesys website*** to get in touch or call on 0800 085 8050. Their team is here to answer any questions you may have.
Do graduate solicitor apprentices have the best chance of passing the SQE?
In this article, Dr Giles Proctor, CEO of The College of Legal Practice, explains why he believes Graduate Solicitor Apprenticeship (GSA) Programmes can give both employers and individuals the best possible opportunities to help employees qualify via the SQE route.
What
is
a GSA?
Many people have heard of 6-year solicitor apprenticeships, well the GSA is a graduate entry solicitor apprenticeship programme that trains apprentices to pass the SQE1 and SQE2 whilst also producing the workplace evidence portfolio that meets Qualifying Work Experience (QWE) requirements. Solicitor apprenticeship programmes end with the SQE2 assessment and provide a qualification route to becoming a solicitor. There are programmes available for law and non-law graduates.
Here at The College of Legal Practice, we are starting to see firms include graduate solicitor apprenticeship programmes within their early careers training portfolios, and guess what? We think that these apprentices have a very strong chance of passing the SQE first time around.
We see the GSA as a unique collaboration between a higher education provider and a legal services organisation. We work closely with our client firms on their programmes and we are finding that there are some key differences with this programme and SQE preparation courses that greatly benefit both the individuals and the employer.
SQE funding for you, the employer
As you might be aware, large employers can draw down 100% of the funding for the GSA through the Apprenticeship Levy, making this an efficient and sustainable way to bring in future solicitors. This funding
channel is unique and can be put towards the full apprenticeship programme costs that includes training, coaching and SQE1 & 2 assessment costs, including one re-sit for SQE1.
If you are a smaller employer, good news, you can receive up to 95% of your apprenticeship programme costs from the government, if you are ineligible to pay the Levy.
Increased likelihood of passing the SQE and qualifying in two years
We are seeing in our student cohort, that those are preparing for longer for the SQE are getting better results. It is no surprise that taking a 40-week course generates better outcomes than studying over 13 weeks.
In the GSA programme, the candidates have a structured learning pathway towards taking the SQE exams. Whilst they are training, in addition to personal supervision, they receive discrete coaching to support their progression. This pathway works brilliantly to ensure aspiring lawyers gain all the necessary preparation, skills and qualifications to become a fully qualified solicitor. In addition, unlike SQE preparation courses, engagement with the programme is mandatory for apprentices, monitored by Ofsted.
Retention and Progression
The GSA, unlike the 6-year programme, is for graduates only who have already spent time in the higher education system and are exploring their career ambitions. When you run your GSA application process, it is set up much like a training contract process, with rigorous interviews and clear expectations for employment, training and progression. Alongside being a stable point in a person’s career journey, the GSA has the benefit of extensive support to limit the chance of apprentices dropping out due to personal challenges. The 1-2-1 coaching provided allows the needs of students to be addressed at the earliest stage possible and the prerequisite support put in place swiftly.
Improving access and social mobility
You can help achieve your firm’s social mobility objectives through the introduction of Graduate Solicitor Apprenticeships. For many students, who
are the first in their family to get a degree, let alone enter this rigorous profession, we hope that having a clear and funded structure to progress will be the difference between pursuing their goals and not. This has a knock-on effect for employers, leading to increased social mobility, a more diverse workforce and eventually a pool of future solicitors that better represent the society they serve. The GSA also offers a fantastic opportunity for internal progression, with paralegals and legal executives using the GSA as a structured pathway to qualification.
Focus on delivering value for your clients
Traditional apprenticeship schemes take apprentices out of the workplace for a day a week, impacting on client delivery. With The College of Legal Practice’s programmes, apprentices can study virtually and flexibly, allowing them to focus on their work responsibilities and demands alongside their study. This approach also avoids the need for travel time and costs and give apprentices options for study outside core working hours if needed.
So, at the College, we believe the Graduate Solicitor Apprenticeship is highly valuable for employers and offers the structure to help apprentices pass the SQE. It provides a robust launch pad to fully integrate apprentices into your workplace and ensures that they have individual support and coaching to become your next valued cohort of NQ solicitors.
You can find out more about Graduate Solicitors Apprenticeships at collegalpractice.com and you are welcome to get in touch using the QR code below or email at gproctor@collegalpractice.com
Dr Giles Proctor
Unoccupied Property Insurance – Information feature
No inspection condition, no responsibility, no problem?
A few years ago, it was commonplace to have an inspection clause in every unoccupied property insurance policy requiring fortnightly or even weekly inspections of the property, inside and out.
Arranging weekly inspections was either expensive, engaging a local property agent or maintenance firm; or risky, cover relying on a family member arranging inspections and keeping records to evidence them.
More recently, a number of insurers have relaxed this requirement, much to the relief of the probate professional. Thirty day requirements are now commonplace. In fact, policies are also available with no formal inspection condition at all and seem to relieve the executor of any obligation – but to what extent is this really true?
Can a probate professional organise unoccupied property insurance and simply pass the responsibility to the insurer for anything that goes wrong? Unfortunately, it’s not that simple.
Although the absence of a formal inspection warranty in a policy relieves the policyholder of a rigid ‘diary led’ inspection regime, there are other conditions which, if ignored can just as surely result in a claim being reduced or declined.
Duty of care
Just about every policy carries a written duty of care. Here you will find a written obligation to: ‘take all reasonable care to protect the property from, or to limit loss or damage’
If a maintenance issue has been left unresolved for several months and this is found to have contributed to a loss, an insurer would be within their rights to cite the above duty whilst declining to pay for damage.
Exclusions
A typical unoccupied property insurance policy will exclude any loss or damage which pre-dates the policy being in force. If no initial inspection has been carried out, long-standing issues might go unnoticed which may later lead to a severe loss. Your insurer will have little hesitation in evidencing the long-term nature of the cause.
Also, your policy will exclude any loss or damage which has occurred (even in part) through inadequate maintenance or wear and tear.
This is a particularly a wide-ranging statement (common to most policies), which can be used to decline or reduce payment in a great variety of situations, unless the insurer is provided with evidence that reasonable care has been taken to ensure the property is maintained in good condition.
A grim example – elements taken from a variety of real events. Your client’s roof collapses or is torn off during bad weather. You register a claim, confident the insurer will pay for repairs.
No other building in the street was damaged. The loss adjuster investigates further.
The garden is overgrown, the wall and some of the roof being covered by thick ivy which had dislodged and loosened gutters and slates, letting in moisture which has caused timbers to rot.
The slates, their bond with the ivy stronger than that with the roof, have ended up in the garden. The long-term effects of dampness in the roof timbers is evident.
The claim is successfully turned down.
Many insurers have a written definition of what constitutes storm conditions. Remember, a well-maintained property should be able to withstand all but extreme weather.
Advice? Arrange regular inspections on every property.
In the above example, regular maintenance of the property and grounds may have provided a very different outcome. The claim may have been successful. The damage might never have occurred in the first place.
Even with no formal inspection condition, regular inspections will reduce the likelihood of damage, as well as assist with evidence to support a valid claim.
At every inspection:
• Maintenance of the garden should be viewed as an investment rather than a cost, protecting the property from damage from vegetation, reducing the risk of burglary, vandalism, damage by animals, and maintaining the property value.
• Check roof for signs of damage, slipped tiles, excessive moss growth or weeds, cracked cement etc.
• Check gutters, downpipes and drains are clear. Blockages or growth in gutters can cause damp and water ingress.
• Blocked drains can cause flooding.
• Check flat roof areas for signs of damage or weakness. A felt flat roof has a limited lifespan, anything more than 12 years old is likely to be severely weakened and in need of replacement.
• Check windows, doors and frames for signs of rot or weathering.
• Check that the stopcock is operating properly, check taps, pipes and radiators for signs of leaks or drips.
• Check pipes in loft areas. If you have water pipes in the roof space, open the loft hatch by 12 inches to allow warm air to circulate in the loft.
Colin Bickers is a Director of Bickers Insurance Services, specialists in unoccupied property insurance for probate and householders in care. This general risk management advice should not be considered exhaustive, nor suitable for every property.
www.bickersinsurance.co.uk
Bickers Insurance Services is a trading name of Bickers Insurance Services Limited. Authorised and regulated by the Financial Conduct Authority. Registered in England and Wales Reg No.08432640.
Deputyship and Statutory Will Applications: How does a probate genealogy firm help?
As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.
Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P’s next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.
Here are some of the ways in which a probate genealogist can help:
1. Verifying Family Tree Information: We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.
The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.
2. Resolving Complex Family Scenarios: In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our
international expertise can assist in even the most complicated of family make ups, and wherever people may live.
3. Ensuring you are aware of P’s existing Will and financial assets
Ensuring you know of any Will P may have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.
4. Providing Evidence for the Court: The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.
Insights into the research process
A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have in-house databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.
Case Study
At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.
Our research first confirmed that P had no children and was an only child.
Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.
During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.
As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.
Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.
Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.
Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance. If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational.co.uk, call 0800 085 8796 or visit our website www. findersinternational.co.uk
75 Years of success and many more to come!
September 2024 saw Max Engel & Co LLP celebrate 75 years of business in Northampton. To mark the occasion, the firm hosted an anniversary celebration at The Charles Rene Mackintosh House at 78 Derngate with our clients and connections.
The event was a great success and a very busy evening indeed with tours of the historic house taking place together with speeches from Managing Partner Helen Carville (who trained at the firm) and Richard Engel who announced his formal retirement as a consultant. Richard’s elder brother Anthony
And Finally...
It’s been a jammed packed four months since Sarah Franklin became our new President. The Awards dinner, and various training events, to name but a few things that have kept me busy.
I was delighted to be invited to the 75th birthday celebrations of Max Engel. Such a friendly bunch, and very welcoming.
also said a few words as one of the only people present who actually recalled the then new firm’s launch back in 1949!
We selected the The Lewis Foundation as our charity of choice for the evening, and they attended and hosted a raffle which raised the incredible sum of £470 towards their fantastic cause with some lovely prizes on offer.
It is encouraging to be part of a team so devoted to their practice areas and yet still able to find time to regularly support good
causes. The firm hosts an annual MacMillan coffee morning, as well as many of us taking the time to partake in the local race for life together as one team.
The firm has celebrated many achievements over the past 75 years, and we have many more to come.
As for the future, we are pleased to be welcoming 5 new members of staff over the next 3 months as the firm expands to accommodate our growing client base. These additions reflect the firm’s vibrant future and continued growth while honouring the values and staff centred ethos which has been so successful throughout our history. Putting our people first allows us all to bring our best to our clients’ matters, ensuring that the next 75 years will bring as many successes as the last 75.
Congratulations to them, and here’s to the next 75 years!
I also attended a Northampton Community Foundation Business Leaders Event. The team there are incredible.
I was able to have a timely catch up with Aimee Smith from Hawsons at their Autumn drinks celebrations.
I met up with some of my counterparts from other local law societies around the
country in Birmingham to share ideas and gain inspiration. Its always good to hear what other local law societies are getting up to!
So as the year draws to a close, please can I remind you that if you have anything that you wish to share in the Bulletin (it doesn’t have to be work related) please drop me a line on sec.nls@outlook.com or give me call on 07543 662572
