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Radical new tech development delivers seamless one stop ID verification process - a bona fide game changer for financial services
A game changing new app launched by tech developer Professional Office is set to radically change the way financial services firms verify their client identity and improve their KYC process.
And it is all done via the applicant’s smart phone.
The technology - cleverly - unlocks the NFC chip in the passport to confirm the individual is actually who they say they are. Critically, all data is then cross verified to ensure that all the information is authentic.
“Our new product is set to radically transform the way financial services and associated legal and professional services firms do business,” said MD Chris Clare.
“There’s a host of software products out there that claim to be market leaders in the verification process, by using ‘liveness’ and facial recognition to match people with images on documents.
“But while none are inherently bad, most are not 100 per cent perfect,” added Clare.
“The problem is, they all rely on the validity of the document, such as the included data, and - amongst other things - the photo of the person on a passport.
“If that photo or document is compromised, then any validation that comes from it is inherently flawed. And then you have a big problem,” said Clare.
“Here at Professional Office, we have
focused our energies over the last four years and developed our NFC (Near Field Communication) PCV (Passport Chip Verification) tool
“We believe it is the most state of the art ID verification tool available.”
So, how does it work?
“The NFC chip in a passport contains an encrypted copy of all the data printed on it, including the photo of the client, which should match the one visible on the document.
“All this data is digitally encrypted and signed with a verifiable Government - issued secure certificate.
“That government-issued encryption certificate held on the chip is verified to ensure that the data has not been tampered
with, providing one of the most robust ID verifications on the market at the moment.
I was delighted to be elected as your new President at the beginning of July 2024. I consider it an honour and a privilege to represent such a historic and wellrespected organisation. As you may all know, the Society was established in 1879 so 2024 is our 145th Year.
For those who have not met me, I am Sarah Franklin. I started working at a firm of Solicitors straight after I had finished by A Levels and undertook all of my studying part time whilst working full time as a paralegal/ legal executive. I graduated with a 2:1 LLB Law with honours degree from De Montfort University and qualified in 1998.
I have worked in several firms in
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
Northamptonshire and Leicestershire and started my own practice in 2007, taking over a sole practitioner’s firm in Melton Mowbray. I then took over another sole practitioner firm in Kettering a year later. I remain a sole practitioner and have two very distinct sides of my business: Sarah Franklin Solicitors is a family and private client practice headed by Solicitors Puja Morjaria and Dushyant Tanna, and my niche and specialism is ‘Motorsport Legal’ which specialises in motorsport law, being an enthusiastic racing driver myself!
Being a sole practitioner has many challenges, particularly in the current climate and I am keen to encourage more smaller practices to get involved with the Society as, for me, the support and help provided by the Society has been invaluable.
Outside of work, I am an Ambassador for the British Motorsport Marshals Club and also a member of the British Women Racing Drivers Club, helping promote women in motorsport. I am also a keen archer, enjoy being involved in the local am dram group (usually the baddie) and spending lots of time with my two miniature dachshunds, Milo (the official meeter and greeter of the office) and Ben (the office junior).
I would like to take a moment to thank Maurice for his hard work last year as President. I look forward to working with
him, my VP Laura Carter and the rest of the Council to grow and strengthen the Society.
My main focus over the coming year will be the membership, particularly engagement with you all and support where needed. We have such a fabulous breadth of knowledge and character in the organisation and I want to build on that. If you have any ideas or suggestions of what you would like from the Society, please do get in touch. This is YOUR Society and we are here to support you. I can be contacted on sarah@motorsportlegal. co.uk
My nominated charities for the year ahead will be Parkinson’s UK (my mother has Parkinson’s so it is a cause close to my heart) and Hope UK, who are a drug education charity based in Kettering who do fabulous work and I’m sure you’ll learn more about both during my term.
I hope to take this opportunity as your President to make a positive contribution and support our community – and perhaps have a little fun along the way!
Kind regards,
Sarah Franklin
Constituency Member
Steven Mather
Council Members:
Jabeer Miah
David Browne
Michael Orton Jones
Euan Temple
Oliver Spicer
Sharine Burgess
Edward St John Smyth
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.
President Northamptonshire Law Society
Northamptonshire Law Society
Introducing the Vice President
Northamptonshire Law Society provides educational, networking and social opportunities and it will be a real honour to assist this year’s president as her Vice President. I am really looking forward to the Annual Awards Dinner which is taking place on the 20th September at the Marriott Hotel in Northampton. There will be fun and games and a chance to let your hair down!
This year we celebrate 145 years of the Society, that is a quite an achievement, but the Society is nothing without its members. The aim of the Society is to ensure we have a connection, provide support and some social fun. Now that the difficulties of the past few years are behind us, one of the Society’s aims
this year is to bolster its membership so look out for some new people to engage with. At the same time if you have any colleagues who are not yet a member, then why not invite them to so do?
I am based in North Northamptonshire, the very top where it almost touching the Cambridgeshire and Leicestershire borders. I have been qualified for more years than I care to remember now, and I am kept busy in the office with Private Client work. I have a particular interest in international aspects of estates and those with an agricultural element. Working in private client there is limited scope to engage with those from other firms unlike, say, conveyancing or family, so being a member of the Society provides me with a chance to catch up with people from other firms, share stories and ideas, or just simply: chat.
I am immensely proud to be part of the legal profession in whatever “title” we have, we are a good bunch of people. I have been lucky to have had the opportunity of attending the opening the Legal Year at Westminster Abbey on a couple of occasions. I think that it is important that those traditions are maintained and it is a chance for all those in the legal profession to dust off their robes and show them off! It is quite a tourist attraction to see the collection of judges and lawyers parading in full formal dress from Westminster Abbey to the Palace of Westminster for the reception after the service.
I am looking forward to the hard work, challenges and fun that is to be had in this coming year.
Laura Carter Vice President
Fighting for justice: the role of a medical negligence lawyer
Louise Tyler is a medical negligence expert who recently joined Shoosmiths’ serious injury team. She has been helping clients who have suffered an injury resulting from medical negligence or substandard care for over 30 years.
My role as a medical negligence lawyer is to work on behalf of clients to secure the compensation they need to help them move forward with their lives after a serious injury. Every client is different and their journey through the claims process is unique to them, but a successful outcome is usually achieving a financial settlement that will provide the necessary treatment, rehabilitation services, aids and equipment they need to enable them
to live in a way that is a close as possible to the life they had before their injury.
Sadly, sometimes the client may have died because of the negligence they suffered. In these cases, I represent their family at an inquest to help them understand what happened to their loved one. Often compensation is not the overriding factor in a pursuing a claim, my client simply wants an acknowledgment of the harm that they, or their loved one, have suffered, a genuine apology and the assurance that lessons are learned to prevent the same thing happening to another individual or family.
Most cases settle without the need to go to court, but negligence claims can be fiercely defended so, as a litigator, I need to be prepared to fight for my clients to ensure they get justice.
I generally meet my clients at the lowest point in their and their family’s lives. Cases can go on for several years,
particularly cases involving brain injuries in children, so I can be a part of their life for a long time. What I love about my job is seeing the difference the work I do makes - going on the journey with my clients from that initial low point to a positive conclusion and seeing them get their lives back on track.
As part of the medical negligence team at Shoosmiths, I am very much looking forward to working with my new colleagues in Northampton and beyond to continue supporting clients who need help.
Having spent her career working in Northamptonshire, Louise is well known in the local legal community and in medical negligence circles more widely. She is a member of the Northamptonshire Law Society, the Law Society Clinical Negligence Panel, and the AvMA (Action against Medical Accidents) Panel, and a former Secretary of the Society of Clinical Injury Lawyers (SCIL).
C G Fry – Court of Appeal upholds position on nitrate neutrality
The much-anticipated Court of Appeal judgment in C.G.Fry & Son Ltd v SSLUHC [2024] EWCA Civ 730 was handed down on Friday 28 June 2024. It dismissed the appeal on all three grounds.
The case was centred on the widespread issue of developments being required to demonstrate that they are ‘nutrient neutral’, so as not to add nutrient load on designated habitats.
While not the outcome that many in the development industry were hoping for, which will inevitably lead to more cost and delay to developers, the Court of Appeal upheld the decision of the High Court to confirm that an appropriate assessment pursuant to the Habitats Regulations may have to be carried out at a subsequent approval stage, such as the discharge of condition or in reserved matters approvals. The Court finding was that those types of decisions fell within the wide
scope of “consent, permission or other authorisation” [para 77].
Where there is a requirement to undertake an appropriate assessment, it is the effects of the project as a whole that is the basis of the assessment, not just the matters related to the condition or reserved matters in question.
Of particular interest to the Interveners was the interpretation and application of the Habitat Regulations going forward in light of the important changes brought about by the EU Law (Revocation and Reform) Act 2023, which came into effect in January 2024.
The result of those changes is that the principle of the supremacy of EU law is no longer a part of domestic law after the end of 2023 [para 45]. However, as the Judges held, it was “…unnecessary to rely on the doctrine of direct effect to resolve the issues of interpretation…” [para 97] and so it is unlikely that the end of the supremacy of EU law will impact this approach to future decisions.
What next?
Politics is never far from the planning system, and regardless of the outcome of the General Election, there is a clear and demonstrable need to address this issue. A balanced approach is necessary, one that protects and enhances the environment, while delivering the critical new housing the UK needs.
As highlighted by the Secretary of State’s submissions to the Court “the law as it stands is a problem – in effect holding up the supply of new housing” [para 7]. Therefore, the burden of finding solutions remain with the industry in the short-term until the government decides to appropriately legislate to address the issue.
The Court of Appeal has refused permission to appeal to the Supreme Court and it is not yet known whether there is any appetite on behalf of C G Fry to take the matter further to the Supreme Court – having previously been refused permission for a leapfrog appeal by the Supreme Court in August last year.
Matt Nixon is a Legal Director at Shoosmiths specialising in all aspects of planning and highway related law, with significant experience in both making and defending judicial reviews and statutory challenges. He was instructed on behalf of the HBF and LPDF as Interveners, represented by Zack Simons and Isabella Buono of Landmark Chambers.
matt.nixon@shoosmiths.com
Full judgment: Court of Appeal - C. G. Fry & Son Ltd.: https://www.judiciary.uk/ judgments/c-g-fry-son-ltd-v-secretaryof-state-for-levelling-up-housing-andcommunities-and-another/
What is the Council of the Law Society of England and Wales?
As some of you may know, I’m appointed national Council Member for Leicestershire, Northamptonshire and Rutland– I sit on the national Law Society’s (TLS) Council – but I’m sure that not many of you know exactly what it is, what it does and how it all works. So, here’s a brief guide.
Council is a pivotal body within the legal profession, tasked with guiding the strategic direction and ensuring the effective governance of the Law Society. I see it like the shareholders in a business; we delegate day to day decisions to the directors (the chief executive Ian Jeffrey at TLS and his team) but important decisions are made by Council.
Council’s Roles
Council is the primary decision-making body TLS. It plays a crucial role in:
1. Strategic Leadership: Council sets the strategic objectives and priorities for TLS. This involves shaping policies that impact solicitors and the legal profession at large.
2. Governance and Oversight: Ensuring TLS operates within its governance framework, the Council oversees the Society’s activities and ensures compliance with legal and regulatory requirements.
3. Representation and Advocacy: Council represents the interests of solicitors across England and Wales. It advocates on behalf of the profession,
engaging with stakeholders including the government, regulatory bodies, and the public to influence policy and legislation.
4. Membership Services: It ensures that TLS provides valuable services and support to its members, enhancing their professional development and practice.
5. Financial Oversight: Council oversees the financial management of TLS, ensuring that resources are used effectively and sustainably.
Composition of the Council
Council is composed of elected and appointed members who represent various constituencies and interest groups within the legal profession. Its composition includes:
1. Geographical Constituencies: Members are elected from different geographical regions, ensuring that the interests of solicitors from across England and Wales are represented.
2. Special Interest Groups: Certain seats are allocated to represent specific interest groups within the profession, such as those with protected characteristics, sole practitioners, junior lawyers, in-house lawyers, and solicitors from large firms.
3. Nominated Members: Some members are nominated to bring particular expertise or perspectives to Council, enhancing its diversity and effectiveness.
4. Office Holders: Key positions within the Law Society, such as the President, Vice President, and Deputy Vice President, are part of Council and play a significant role in its operations.
How Council Operates
Council operates through a structured framework designed to facilitate effective decision-making and governance. Key aspects of its operation include:
1. Regular Meetings: Council meets regularly to discuss and decide on important issues. These meetings
are scheduled throughout the year and are a mix of plenary sessions and committee meetings.
2. Committees and Working Groups: To manage its wide-ranging responsibilities, Council delegates certain tasks to committees and working groups. These groups focus on specific areas such as regulation, education, access to justice, and international affairs.
3. Decision-Making Process: Decisions within Council are typically made through a majority vote. However, Council strives for consensus where possible to ensure that decisions reflect the collective will and best interests of the profession.
4. Transparency and Accountability: The Council is committed to transparency and accountability. It regularly publishes reports and updates on its activities, decisions, and the rationale behind them, ensuring that members and stakeholders are informed and engaged. Although some aspects of what we discuss are confidential within Council, we do try to release information to constituents where possible.
Conclusion
I hope the above gives you a better insight into Council.
Fundamentally, my role is to ensure Council hears your voice on important matters affecting you and your business. Moreover, TLS as a whole should represent solicitors effectively and work in the best interests of all solicitors, and Council is the way to ensure that happens.
If you have any questions about my role as Council Member or would like me to raise any issues at Council, do get in touch.
Steven Mather Constituency Member
Restrictive covenants and their impact on development
The modification and discharge of restrictive covenants under Section 84 of the Law of Property Act 1925.
Joanna Morrish examines the case of Medley v Mackenzie & Ors [2024], which involves the modification and discharge of restrictive covenants under Section 84 of the Law of Property Act 1925.
Medley v Mackenzie & Ors [2024] UKUT 112 (LC) (08 May 2024)
Medley v Mackenzie & Ors (RESTRICTIVE COVENANTS - MODIFICATION - consent covenant in favour of dissolved company) [2024] UKUT 112 (LC) (08 May 2024) (bailii.org)
In this case, the Upper Tribunal (Lands Chamber) dealt with an application by Colin Medley to modify restrictive covenants on his property under Section 84 of the Law of Property Act 1925. The Upper Tribunal ruled the restrictive covenants should remain in place as they still serve their intended purpose.
Facts:
Mr Medley intended to demolish his bungalow at 12 High Elms, Chigwell and replace it with two houses. The neighbours were not in agreement to modify the restrictive covenants established in 1966 and 1967 arguing
that the covenants are benefiting the land and aimed at preserving the open aspect of the estate and preventing over development.
The 1966 Conveyance imposed the following:
“(b) That no building will be erected upon the Green Land save with the consent in writing of the owner or owners for the time being of the Pink Land and that neither the external plan nor the elevation of any building so erected shall at any time be altered save with the like consent.
(c) That nothing shall be done upon the Green Land which may be or become a nuisance annoyance or danger to the owners or occupiers for the time being of the Pink Land or which may tend to depreciate the value of the Pink Land or any part thereof as residential property.”
The 1967 Conveyance contained the following:
“3(b) not to erect any wall hedge fence or structure (whether in the form of a boundary wall hedge fence or structure or not) around or within any part of the land hereby transferred lying between the line of the said dwelling and any road or footpath on to which the said land abuts
3(c) not to erect any building or other structure whether of a permanent or temporary nature on the land hereby transferred without the prior written approval of the Company.
3(d) not to use the said dwelling for any purpose other than as a private dwelling”
Section 84 of the LPA 1925 provides a legal basis for property owners who seek to modify the restrictions imposed on their freehold and some leasehold land. The restriction can be varied/disapplied and compensation may be awarded. In this case Medley relied on grounds that the covenant was obsolete and impeded the reasonable use of his land. Under s.84 the covenant could be removed if the parties benefitting from the covenant
agree to it or the covenant does not confer any practical benefits to the objecting parties. It is important to note that the Tribunal has a wide discretion to modify or discharge.
The restrictive covenants in this case included a consent that was in favour of the company, but the company has been dissolved since.
Issues:
The Upper Tribunal was invited to determine:
• whether the consent covenant was now obsolete following the dissolution of the beneficiary company.
• whether the restrictive covenants provide substantial practical benefits to the surrounding properties.
• whether the “one house, one plot” restriction still offers significant advantages.
The Tribunal in consideration looked as well at the impact on scale, density and open aspect of the area if the covenant was modified or discharged as well as the prevention of the over-development, overlooking, potential effect on other developments proposals, damage to structures including the listed wall, strain on services and in respect of Forest House (one of the respondent’s house) loss of access and loss of view. The listed wall, which was nearby the proposed redevelopment, was recognised as an intrinsic part of the street.
The Applicant argued that the covenants were obsolete because the beneficiary company was dissolved and that the covenants no longer provide any substantial practical benefits to existing parties.
The Respondents were the owners of 14 neighbouring properties. They stated that the covenants still provide significant benefits, particularly in maintaining the scale, density, and open aspect of the area and that dissolution of the beneficiary company did not affect the covenants’
practical benefits as the covenants were annexed to the land.
First instance
The Upper Tribunal ruled that the conditions under Section 84 of the Law of Property Act 1925 for modifying or discharging the covenants were not met.
Decision
Obsolescence of the Consent Covenant:
The Tribunal concluded that the consent covenant was not obsolete despite the dissolution of the beneficiary company.
Practical Benefits of the Covenants: The restrictive covenants were found to still provide practical benefits of substantial advantage to the properties and community. The key consideration was maintaining the intended character of the neighbourhood. “We regard these practical benefits as distinct but related. The prevention of fences, walls and planting at the front of the properties on the Green Lane helps to preserve a sense of openness and space which is an important amenity so close to central London.” The
previously mentioned preservation of the listed wall was regarded as a practical benefit of substantial advantage. Benefit of Covenants to the Company’s Land: The “one house, one plot” covenant was determined to still confer practical benefits. They found that the new development would create congestion and risk significant damage to the wall, which was integral to the character of the estate.
Impact on Scale, Density, and Open Aspect of the Area: The covenants were essential in maintaining the intended scale, density, and open character of the neighbourhood. They noted that despite intensification in the surrounding area, preserving these elements was crucial for the residents’ quality of life. “The development itself represents a striking intensification of the use of the application site. The proposal is for two substantial family homes where only one relatively modest bungalow currently exists.”
The Upper Tribunal discharged only one covenant requiring consent from
the dissolved company, otherwise the application to discharge the other restrictive covenants was refused.
Comment
It is unsurprising that the Upper Tribunal balanced the interests of property owners and the beneficiaries of those covenants ensuring that any changes would not unfairly disadvantage neighbouring properties’ owners and confirmed the long-standing principle that the benefit of restrictions attach to particular land rather than specific named owners. Point to note that the dissolution of the beneficiary company does not render a restrictive covenant automatically obsolete and the Upper Tribunal has a wide discretion when making their decisions under Section 84 of the LPA1925
article was
Northants Free Legal Advice Clinic
Background
A shared value of lawyers, whether in practice or academia, is to work pro bono (‘for the public good’). For example, to provide free legal advice and assistance to meet local need and support social justice.
Access to legal support has become increasingly difficult over the last decade or so, linked to cuts in public funding for legal aid and funding cuts to third sector organisations who, despite this, continue to provide invaluable advice and guidance to the public.
Against this background, a partnership of Northamptonshire Law Society, Citizens Advice Bureau (Central and East Northamptonshire), Community Law, and the University of Northampton’s Faculty of Business and Law have set up the Northants Free Legal Advice Clinic. We have been supported in this by LawWorks (a national charity that supports access to free legal advice) and Northamptonshire Community Foundation.
How is the clinic run?
Citizens Advice Bureau (CAB) and the Community Law Service (CLS) identified that the key local need is for free legal advice on family law and employment law. Free advice on other legal issues are already being provided for by CAB and CLS’s existing work, and Northamptonshire Rights and Equality Council.
The Clinic has run bi-monthly since summer 2023, with face-toface appointments held at the Doddridge Centre, in the St James area of Northampton. Clients are referred by CAB and CLS with volunteers from local solicitors providing legal advice. In particular, two former Presidents of Northamptonshire Law Society, Jabeer Miah and Maurice Muchinda, have been instrumental in volunteering to run these advice sessions, with further administrative support from CAB.
Next Steps
Over the last year, the pilot for the clinic has demonstrated that there is indeed an unmet local need for free legal advice in relation to the family and employment matters. The next steps for the
partnership are to grow the capacity of the clinic so that it can run on a monthly basis, with locations rotating between the Doddridge Centre, the CLS offices on Hazelwood Road, and the University of Northampton (UON). Over the remainder of the summer and early autumn, we will be working to secure funding and finalise the administrative structures and processes for the clinic.
In relation to the costs of the indemnity insurance and administrative support, Northamptonshire Law Society and the Northamptonshire Community Foundation have put in a joint bid to the Access to Justice Foundation for 2 years of funding to support this.
In addition, the Secretary to Northamptonshire Law Society, Carolyn Coles, has been working with LawWorks to write the clinic handbook, and I am setting up the case management system (the software for this is free for clinics run in conjunction with a University).
I’m working with colleagues from other East Midlands universities who have established pro bono clinics, and LawWorks, to identify and recruit to volunteer roles for UON Law students (and potentially community volunteers) to provide reception, notetaking, and research support.
Going forward, we also need further support from our colleagues in the local legal community to expand the clinic, through volunteering as legal advisers. If you are interested in finding out more about this role, please contact Carolyn Coles (sec.nls@ outlook.com).
There have been challenges over the last year as we’ve worked together to establish the Northants Free Legal Advice Clinic, but it is a really exciting project to work on and it highlights the strong commitment to work collaboratively to solve problems and support our community.
Kirstie Best Head of Law, Faculty of Business and Law University of Northampton Kirstie.best@northampton.ac.uk
Hassan Shah: your new Council member
Meet Hassan Shah, one of the original founding partners of SP Law, alongside Sundip Patel, in 2005
Hassan began his legal career in 1998 working at a local firm which specialised in personal injury and then went on to develop his skills at a large national firm, before co-founding SP Law with Sundip.
Having developed a specialism in Landlord and Tenant law, Hassan now acts for a great many local letting agents and private landlords. He enjoys advocacy. He also has a thriving employment practice, advising both employers and employees. Alongside this, his broad experience in civil litigation includes debt claims, misrepresentation, consumer contracts and trusts of land disputes.
Hassan was appointed Assistant
Coroner in 2014, supporting the Senior Coroner Mrs Ann Pember. A Coroner is an independent judicial office holder who investigates death if they have reason to suspect that the cause of death was violent, unnatural or unknown or where the deceased died while in state detention. When a death is reported to the Coroner, they make preliminary inquiries to decide if an investigation is required. If so, they investigate to establish the identity of the person who has died; how, when, and where they died; and any information required to register the death. They may use information discovered during the investigation to assist in the prevention of other deaths.
Hassan is also a Deputy Lieutenant for Northamptonshire, supporting the LordLieutenant, James Saunders-Watson. The fundamental principle concerning the office of Lord-Lieutenant is that he is His Majesty’s representative in the County and consequently it is his first and foremost duty to uphold the dignity of the Crown. The Lord-Lieutenant also seeks to promote a good atmosphere and a spirit of co-operation by the encouragement given to voluntary services and to benevolent organisations, and by the interest taken in the industrial and social life of the County.
Hassan is certainly always happy to share his passion and advocacy for the town and the county.
Hassan is involved with a number of local community projects, including supporting members of the Muslim community who have suffered a bereavement. He is former chair of the Northampton Inter Faith Forum. He was also until recently a trustee of the Northamptonshire Community Foundation. Hassan was awarded a Certificate of Appreciation by Northamptonshire Police for his work with the community and local Police Community Engagement Officers and has sat in the past on the Police Independent Advisory Group.
In his spare time, Hassan enjoys classic cars and playing tennis (although not at the same time).
It’s also been an exciting year for Hassan and Sundip. This year has seen SP Law merge with EMW Law LLP giving SP Law’s clients access to the breadth of legal services offered by EMW. Northampton was where it all began for EMW back in 1992 and it’s wonderful to once again for them to have a physical presence in the town supporting Northamptonshire’s growth.
Maisha’s Work Experience at Shepherd & Co. Solicitors
Maisha proved tenacious, motivated and willing to learn. Maisha hopes to qualify as a barrister in due course and it was a pleasure to have her at the offices where she learnt how a solicitors office operates and was welcomed to the life of a solicitor and learnt key administrative skills and office procedures.
Providing work experience to the future of the profession is key for the Firm and we work closely with local schools and universities.
Whilst it is increasingly difficult to offer work experience of the type traditionally offered, due to issues around confidentiality, GDPR etc., engaging where we can with students is important for the profession and rewarding for those involved.
Jabeer Miah Shepherd & Co.
Shepherd & Co Solicitors were pleased to work with Northampton School for Boys and provide Maisha Hakim (pictured middle with her proud father Hakim) a week’s work experience shadowing the Commercial Property Partner; Jabeer Miah and working alongside the Office Manager; Lorraine McLaughlin.
Supervision in law firms
Supervision in law firms has been attracting increasing attention from stakeholders:
• Insurers enquire about it; especially in the hybrid work environment.
• Solicitors Regulation Authority (SRA) has been revising standards, visible in our Risk Alert* from March 2023; the SRA also published renewed ‘Effective supervision –Guidance’** in November.
• Clients expect assurance even if they are reluctant to pay for it on a time basis, leading to it potentially having to be built into hourly rates.
• Supervision means different things to different people. At its simplest, often most unpopular level, it is defined as overseeing and checking work. The November Guidance requires that there is supervision of ‘the legal services the firm provides in order to provide assurance to the organisation that all the legal services it delivers are of appropriate quality and are delivered in accordance with our Standards and Regulations.’
• What level of supervision does the SRA expect? The November Guidance suggests ‘A supervisor should see enough of the work of those they are supervising to be satisfied that the overall quality of work is satisfactory and the risks relating to the work are being managed appropriately on a day-to-day basis.’
• Supervision should be viewed as a relationship to develop people — aimed at maintaining and growing the capability of the person being supervised so that they are enabled to deliver high quality service to clients within the regulated environment.
Supervisory input is very rarely seen on files that end up as claims. It is possible that it is simply not being recorded, but it seems more likely that the matters that end up as claims are those where it does not occur. Our recent online opinion survey ranked various processes for their perceived effectiveness in preventing claims. We hope to publish the full results later this year. In addition to rating perceived effectiveness, the survey also asked how successfully the processes had been integrated at the respondent’s firm. Supervision was one process considered, with the following result (based on the 52 responses so far):
Based on these responses, it seems firms see risk management value in the process of ensuring that supervision is properly monitored and records are created. However, managing to embed such processes across firms is proving to be a struggle — even at large firms.
The November Guidance also highlights that effective supervision has a role to play in preventing negligence risk, and indicates that firms need to develop a supervision plan. This plan should use a risk-based approach that takes into account various factors, including:
‘The nature of the inherent risks involved in the work being supervised – for example, work involving the use of a high degree of judgement will usually carry more risk of errors or failure than routine or primarily administrative work.’
The SRA expects justification for the risk-based approach adopted and evidence of the arrangements in use. Record-keeping is as important in this area as any other relevant process.
The Guidance also highlights the importance of ‘appropriate’ supervision arrangements being in place for all employees, including partners and consultants:
‘For senior staff, ethical and regulatory competencies and standards of supervision and leadership should also be considered.’
We are developing guidance notes for specific areas of practice, based on claims data collected over many years, to help identify the inherent risks. The main purpose is to help with risk improvement in general. However, we consider that these notes could also assist with design of appropriate supervision. We aim to publish these over the next 12 months.
We have been promoting the value of peer review as an integral part of the supervision process for some time, especially given the change to remote working. Several firms have reportedly highlighted the use of peer review to the SRA and this is subsequently noted in the November Guidance as an aspect of good practice: ‘for senior staff particularly where novel or particularly complex issues are involved.’
We consider it should be encouraged for all levels of experience. In our view, the overall quality of supervision is a key component in the construction and expression of a firm’s tone and risk culture.
Many of the substantial claims relating to the unethical actions of partners reveal limited supervision or oversight. We suggest there are clear parallels between behaviours associated with violating safety procedures and lessons to be drawn from the world of safety design. Research by Jerry Williams into safety violations scenarios aided the development of his Human Error Assessment and Reduction Technique (“HEART”)[1]. This research established the relative impact of eight identified factors (violation-producing factors) on the likelihood that safe operating procedures would be ignored:
For partners with a low-level of supervision, the violationproducing factors all look highly relevant. The possible negative influence of an unchecked partner on company culture can be inferred through the assumption their behaviour will be replicated by other employees, with no disapproving authority figure present to mitigate. The factors are equally relevant and applicable to junior colleagues.
From a positive perspective, the value of supervision can lie in detecting issues and providing a potentially disapproving authority figure; this can have a significant impact in preventing
poor behaviour. Supervision creates opportunities to explore and identify potential issues and give guidance, before situations develop. As the old adage goes, an ounce of prevention is worth a pound of cure.
In recent years, the importance of sustainability has surged across all sectors, including the legal industry as we begin to recognise that the time to act has to be now to ensure we protect our living environment both for the duration of our own lifetimes and for future generations.
As the weather becomes more unpredictable, it serves as a timely reminder that by committing to sustainable practices we are not only protecting the environment but also our long-term economic stability and social well-being.
As stewards of justice and advisors on compliance, law firms have a unique role in the global effort to combat climate change. Understanding and implementing sustainability measures is not only about fulfilling regulatory requirements but also about demonstrating corporate responsibility, enhancing firm reputation, and meeting the growing expectations of clients and employees alike. But as with many new initiatives, it can often be overwhelming to take that first step or even know where to start.
Before taking that first leap it can be useful to understand the ‘why’ before attempting to dive straight into the ‘how.’ The Paris Agreement was set out in 2015 with the aim of strengthening the global response to the threat of climate change by limiting global temperature rise in the 21st century to 2°C above pre-industrial levels and pursuing efforts to curb it further to an increase of 1.5°C. Unfortunately, if we don’t act now on achieving net zero by 2050, it looks as though this target is not achievable.
Building on this humanity-wide goal, in April of last year, the Law Society issued guidance highlighting that all Law firms are required to assess their annual Greenhouse Gas (GHG) emissions and establish targets to reduce them, with the goal of achieving Net Zero emissions by 2050 or earlier.
Aside from mandated and guided regulatory compliance such as the Paris Agreement and from the Law Society – there is also several essential considerations that fall outside of the legislative realm:
1. Client Expectations: Increasingly, clients are looking for legal partners who share their commitment to sustainability. Demonstrating robust environmental practices can differentiate your firm in a competitive market.
2. Operational Efficiency: Implementing sustainability practices often leads to cost savings through energy efficiency, waste reduction, and streamlined operations.
3. Employee Engagement: A strong sustainability program can attract and retain top talent. Employees today value working for organisations that are socially and environmentally responsible.
4. Corporate Responsibility: Beyond compliance and market positioning, there is a moral imperative to contribute to global efforts to combat climate change. Law firms can lead by example, inspiring clients and peers to follow suit.
Of course, embarking on this sustainable journey as an industry isn’t something that has to be done alone – and certainly shouldn’t. The environment is our joint responsibility and so too is how we work to preserve it.
As the first property data business to support the Pledge to Net Zero initiative, Landmark Information Group have made a firm commitment to take a leading role in the transition to a net zero carbon economy.
Whilst our dedicated sustainability team are working hard in-house to achieve our own green goals, they’re also on hand to support law firms as they tackle this urgent transition. Our sustainability training services with the credibility of a CPD accreditation, are designed to equip professionals with the skills and knowledge needed to make a difference – wherever they are on their firm’s green journey.
We’re also heavily committed to investing in partnerships that ensure our clients are supported all the way. Our latest partnership with Net Zero Now is a pivotal piece in helping us to achieve this level of support. From initial training, education and support on knowing where to start, right through to platform delivery to quantify and manage a company’s carbon footprint and follow on consulting support.
Learn more about Landmark’s Sustainability Training Services at:
Understanding vicarious trauma in the legal workplace
Vicarious trauma occurs when people are indirectly exposed to trauma through their work with those who have experienced traumatic events.
In the legal sector this can happen to anyone who works with clients who have experienced trauma such as domestic or other violence, child abuse, sexual assault, torture, fleeing their homeland as a refugee, personal injury, clinical negligence or a family break up.
LawCare hears from people across the legal sector who are experiencing vicarious trauma, some without realising it. They share stories like these:
• Struggling to switch off after viewing disturbing material.
• Encounters with suicide in their work.
• Seeking counselling after distressing news about a client.
• Work triggering past personal trauma.
• Feeling suicidal due to work-related trauma.
This article will help you understand and recognise vicarious trauma in yourself, your colleagues, and the people you manage. It also explores the crucial role legal workplaces play in reducing this risk.
Recognising the signs
Continuous exposure to other peoples’ trauma can cause emotional exhaustion and decreased empathy in legal professionals. They might start to feel numb or disconnected from their work and clients, much like the trauma survivors themselves. Additional psychological symptoms may include anxiety, depression, and intrusive thoughts about clients’ cases, impacting both personal and professional life. Vicarious trauma can also strain relationships and contribute to feelings of isolation outside work as well.
Spotting the signs of vicarious trauma is crucial, common symptoms include:
• Feelings of sadness, anxiety, or hopelessness, along with increased irritability or anger.
• Difficulty concentrating, memory problems, and pervasive thoughts about clients’ trauma.
• Physical symptoms, such as fatigue and headaches.
• Behavioural symptoms: withdrawing from social interactions, changes in appetite or sleep patterns, and increased use of alcohol or drugs.
Vicarious trauma can also cause burnout, reduce job performance, and force people to
pass cases to colleagues or leave their role entirely.
Reducing the risk of vicarious trauma
If you’re in a role that involves helping others through trauma, taking care of yourself is essential to provide the best support. There are ways to minimise the risk of vicarious trauma, even when working closely with clients facing challenging situations.
Discover what works best for you
Everyone is different and has varying levels of resilience and coping strategies that may change over time. Here are a few suggestions.
1. Set boundaries: Don’t bring traumatic work home. If you must, set limits. Don’t review upsetting material in the evenings; store it away and unwind with activities like going for a walk.
2. Be realistic about your role with clients. Don’t take responsibility for their whole life; guide them to the right resources and support.
3. Make sure you know how to recognise the signs of vicarious trauma and reach out for support when necessary. This can range from talking to a colleague to seeking support from a mental health professional.
Supporting your colleagues
If you’re concerned that a colleague may be struggling with vicarious trauma don’t be afraid to talk to them. They might not recognise what is happening or may feel they should handle their work and emotions alone. Let them know you’ve noticed changes in their behaviour and that you’re there to support them. Then listen and give them space to talk about what they’re experiencing. Consider directing them to additional support, such as LawCare, their GP, or counselling services provided your employer.
The role of legal workplaces
Legal workplaces are crucial in reducing the risk of vicarious trauma for employees. Robust strategies are needed to create a supportive and resilient work environment. Here are some suggested steps to achieve this:
1. Provide training to help employees recognise signs of vicarious trauma and understand its impact.
2. Train managers to recognise the signs of vicarious trauma in their teams and how to provide and signpost to appropriate support.
3. Provide confidential counselling services when necessary.
4. Encourage a healthy work-life balance that ensure reasonable work hours, breaks, and opportunities for employees to take a break from work.
5. Foster open communication, where employees feel safe sharing their experiences and emotions without stigma. Team meetings and peer support groups provide platforms for processing difficult cases, helping to reduce feelings of isolation and stress.
Seeking support from LawCare
LawCare offers free and confidential emotional support for people in the legal sector. You can contact LawCare if you’re experiencing vicarious trauma or if you just need someone to talk to about personal or work-related matters. You can also get in touch with LawCare if you are worried about someone you work with.
Call LawCare on 0800 279 6888, email support@lawcare.org.uk or visit www. lawcare.org.uk to get in touch using the live online chat. There are also resources about vicarious trauma on the LawCare website.
Let’s talk about vicarious trauma webinar On Thursday 5 September, from 12.30 to 1.30pm, join LawCare for a webinar about the impact of vicarious trauma on people working in the legal sector. The webinar offers an opportunity for you to enhance your understanding of vicarious trauma and its impact on mental health. Sign up for the webinar here - https://lawcare.beaconforms. com/form/8545ad9e
Vicarious trauma online training
LawCare also offers a one-hour online training session on vicarious trauma and the next session is on Wednesday 2 October, 12 to 1pm.
This specialist training is delivered by counsellor and former solicitor Mary Jackson, who has extensive experience in facilitating vicarious trauma training. It is aimed at people in the legal sector who work with vulnerable clients or are exposed to traumatic images or experiences, such as in immigration, criminal, personal injury/clinical negligence, or family work. This training aims to introduce and develop an understanding of the concept of vicarious trauma and its potential emotional impact. Suggestions for recognising and managing vicarious trauma will also be provided.
Book your place on the training - https://lawcare. beaconforms.com/form/47bdfec2
Great Map Of Willanthropy to launch this Remember A Charity Week (9-15 September 2024)
This year’s Remember A Charity Week (9-15 September 2024) will see the launch of an interactive map of legacy giving, showcasing the impact of charitable gifts in Wills across the world. The Great Map of Willanthropy* will display a wide range of charitable services and places that have been funded or supported through gifts in Wills to UK charities, while also showing what future legacies could achieve.
Remember A Charity Week, now in its 15th year, brings together almost 200 member charities, 900 Campaign Supporters (solicitor firms and Will-writers), wealth advisers, and partners to encourage more people to consider leaving a gift to charity in their Will. While Remember A Charity runs consumer campaigns all year round, the week serves as a key moment to equip and activate all those in the consortium’s network to champion charitable legacies.
Alongside the digital map and a celebritybacked national PR drive, Remember A Charity will launch the next phase of its
Be Remembered consumer advertising campaign during Remember A Charity Week, encouraging the public to think about what they want to be remembered for. The consortium’s legal partners and Campaign Supporters will be provided with promotional assets to use on their digital channels to open up conversation about charitable Wills with clients and prospective clients.
Lucinda Frostick, Director of Remember A Charity, says:
“Remember A Charity Week is a wonderful opportunity for charities and the legal sector to collaborate to inspire people across the UK to not only write or update their Will but to leave a gift to their favourite charity. This year, we’ll be sharing a mix of warm, humorous and informative content throughout the week, aiming to win both hearts and minds, while encouraging people to take action.
“For professional advisers and Will-writing providers, it’s a great chance to promote the
importance of having an up-to-date Will and deepen client relationships with values-led conversations about the good causes they care about.”
Solicitors, professional Will-writers and others who wish to participate in this year’s campaign and sign up as a Campaign Supporter, are encouraged to get in touch with Remember A Charity in the next few weeks.
*Willanthropy is a term for legacy giving, which was introduced by Remember A Charity in 2023. It has since been used by a wide range of audiences and referenced in parliament.
To find out more or take part in Remember A Charity Week (9-15 September 2024), visit www.rememberacharity.org.uk
Legacy bequests reach highest number ever recorded
The latest findings released by Legacy Futures reveals that legacy income received by its Legacy Monitor consortium members in the year to March 2024 was £1.81bn – 1% up on the previous financial year.
The income growth has been driven primarily by bequest numbers, which reached almost 60,000 – the highest number of annual bequests ever recorded.
Legacy Futures’ data suggests that the growth in bequests is, in the main part, a result of improvements in the probate process at HM Courts and Tribunals Service (HMCTS). The backlog of probate cases declined in the period analysed, implying that investments made in additional resources are starting to pay off.
Looking forward, the increased numbers of bequests coming out of the probate process and a less pessimistic outlook than expected for house prices means that the legacy market is predicted to remain resilient and show flat or potentially slow growth for the remainder of 2024.
Ashley Rowthorn, CEO of Legacy Futures, said: “Charities and supporters alike have felt, and are still feeling, the impact of the ongoing political instability and cost-of-living crisis. Add to that the delays at probate, and legacy giving, although still a reliable income stream for charities collectively, wasn’t seeing the levels of growth that had previously been predicted. It’s great news for charities therefore that bequest numbers have reached a record high and that efficiencies at HMCTS have started to improve. Income resilience is what’s needed in the current climate and it’s
very positive indeed that this research points to that being a reality for the future of the legacy market.”
About Legacy Futures’ Legacy Monitor Legacy Monitor is a consortium research programme to analyse, benchmark and debate trends in the legacy market. Set up in 2008, it incorporates an annual review of trends in the legacy market, and a quarterly benchmarking service. This year’s programme benchmarks 81 of the UK’s leading charities, who together account for almost half of the legacy market. Thank you to our member charities for agreeing to share top-line legacy performance data with the sector, allowing information and insight to be gained. The next quarterly data will become available in August 2024.
Book Reviews
MORTGAGE RECEIVERSHIP Law and Practice
Second Edition
By Stephanie Tozer KC, Cecily Crampin and Tricia Hemans
ISBN 978 0 85490 299 6 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com
THE ROLE OF RECEIVERS APPOINTED OUT OF COURT: NOW IN A SECOND EDITION FOR 2024
The second edition of this authoritative title on mortgage receivership has been written by Stephanie Tozer KC, Cecily Crampin and Tricia Hemans. The writers’ objective it to extend “the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure”.
The work is limited to the scope of receivers appointed by mortgagees out of court. “one of the difficulties in giving advice in this area”, they write, “is in trying to work out whether a decision in a particular case as to the powers and duties of a different type of receiver also applies to the specific case of a receiver appointed by a mortgagee out of court”. The point throughout is that these receivers are “deemed to be the agent of the mortgagor”, so there is considerable scope for misunderstanding which is why this work is so helpful.
Legal advisers will find the expertise offered here brilliant for “the powers and duties of a receiver depend critically on what type of receiver one is dealing with.” The book shows that “receivers are certainly not all the same”, so the publishers, Wildy, Simmonds and Hill, have asked the authors to thoroughly update this excellent work for 2024.
It remains a great book for practitioners offering references to over 40 new cases, the book deals with a number of issues which have arisen since 2018, namely considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the
By Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
context of Ghai v Maymask [2020]. In addition, there is an updated possession chapter by reference to Menon v Pask [2019] and discussion on the extent behind the reasoning in that decision, and how it can be extended.
We also get a new section on statutory bars to receivership including an overview of the effect of sanctions; a revised chapter on regulation by reference to a number of cases decided; and an update to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022.
What we found most useful was the practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted – Wildy have done us proud here. The book is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.
The date of publication of the hardback second edition is cited as May 2024.
THE LAW OF RIGHTS OF LIGHT Second Edition
By Jonathan Karas KC
With technical appendices by Point 2 Surveyors
ISBN 978 0 85490 344 3 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com
MOST HELPFUL PRACTICAL ADVICE IN RIGHTS OF LIGHT CASES FOR 2024
Jonathan Karas KC has established “The Law of Rights of Light” from Wildy, Simmonds and Hill Publishing, as the leading specialist textbook in the field of rights of light and it is used by practitioners, whether barristers, solicitors, or surveyors for both advice and potential litigation.
The new edition has been fully revised and brought up to date to include recent
developments in the law such as section 203 of the Housing and Planning Act 2016, Beaumont Business Centres Ltd v Florala Properties Ltd [2020] and Fearn v The Board of Trustees of the Tate Gallery [2023]. It goes without saying that commentaries on the new case law are invaluable for practitioners in this difficult area.
Karas considers how rights can be established, what constitutes an infringement of those rights and what remedies can be provided for the infringement of those rights. The book is useful for both those who are relatively new to this area of land law, and to more experienced lawyers and to unrepresented parties seeking a remedy.
The author sets out how claims may be defended and how rights can be overridden using the mechanism under section 203 of the Housing and Planning Act 2016. By setting the law in its wider context, “The Law of Rights of Light” comprehensively shows that, despite the technicalities which arise, “there are no legal problems with which a competent lawyer cannot grapple”. And that sums up the beauty of this publication and many others in the Wildy handbook series.
We were particularly impressed with the advice from the two illustrated technical appendices by Point 2 Surveyors which are, in our view, invaluable, for practitioners when trying to understand the heavier issues in right to light litigation. The first appendix explains how light is measured; and the second appendix sets out how losses are valued. Both appendices also explain the limits of current methodology which we believe will be of great use to the specialist courts who hear these cases.
The new, second edition has been described as “an essential addition to the shelves of lawyers, surveyors and other property professionals”. It is a comment we fully endorse as the book has wide appeal for students and unrepresented parties wishing to gain a better understanding of this serious (and expensive) area of conflict in English Land Law.
The date of publication of the hardback second edition is cited as May 2024.
CON29DW: The Full Picture
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.
For a number of firms you will be in the midst of your PII renewal, there has been much written with regards to improving market conditions, and for a number of practices that will be the case.
For our feature for the readership this year, rather than provide a commentary on what to expect for renewal, we wanted to share with you the current claims environment and the common areas whereby claims are being made against firms.
To start with a positive, the number of claims made against the profession has continued to decline, it must however be commented that the cost of claims has continued to rise, some of which have caused real issues for Insurers.
Wills, Trusts and Probate
The number of matters notified relating to Private Client work: Wills, Trust and Probate work, remains high.
The number of claims relating to the preparation of wills, in particular, emanating from other family members (disappointed beneficiaries) has remained high.
We have also seen an increasing number of claims, targeting law firms, on the basis of an alleged failure to check the capacity of the deceased.
Claims between disputing family members are often difficult to resolve and, as a result, can be very expensive for an affected firm.
Conveyancing
Perhaps unsurprisingly, Conveyancing claims remain high and are still the most significant contributor both in terms of number and cost of claims to Insurers.
The time taken on the part of HMLR in raising requisitions, in response to applications to register title, have further resulted in claims against firms. Clients have complained about the absence of any warning about the time taken by HMLR to respond to issues and, with the rise in interest rates causing clients to pay more in mortgage rates, this has resulted in claims against law firms.
Lastly, we have seen an increase in the success of fraudulent sellers, there has been a clear correlation between this and where the work is emanating from, with particular
success for the criminals occurring through panel/referrer work whereby a quick and efficient sale is the nucleus of the referrers business model. These type of claims tend to be expensive, but also difficult to defend as the loss crystalises immediately.
Commercial Real Estate
The number of claims relating to Commercial Real Estate has changed trajectory and have now increased fractionally. The increasing value of property, and number of transaction deals relating to the sale of property, means that the value of these claims have increased.
Cyber Crime (hacking)
We continue to see a number of cyberattacks suffered by firms. The cost and time to resolve these issues has continued to escalate.
Notification of data breaches may also need to be made to the ICO and to the SRA. Further, law firm clients may also need to be told about a data breach. These issues may impact on the reputation of a firm.
For the avoidance of doubt, cover is provided under the Minimum Terms and Conditions Insurance policy (PII) for claims by third parties. The firm’s own internal (first party losses) are not covered under the policy, and this is where Cyber Insurance may be useful for a firm.
Regulatory Issues
The number of regulatory investigations remains high, and is likely to increase furthermore such are the reported outcomes of the Axiom Ince incident towards the end of 2023.
We suspect that the SRA will become even more active in investigating the activity on the part of law firms in dealing with AML, client due diligence and the SRA Accounts Rules. Our view remains that we expect SRA vigilance on dealing with these issues to amplify.
The SRA’s increased power to fine firms will mean that firms may feel greater impact from regulatory investigations. It is possible that the SRA’s power to fine firms may increase further. Please note that the Minimum Terms and Conditions Insurance policy does not provide insurance cover for regulatory investigations. If you have queries about
your position, please speak to your broker at Lockton at your earliest convenience.
Claims by practice Area
We have seen a consistent pattern in terms of work types that have commonly caused claims. This chart summarises claims frequency against the profession.
Volume Trends - Last 5 Years
-•- Commercial - - Conveyancing - residential
Conveyancing-Commercial
Should you be in the process of renewing your Insurances and wish to seek a second opinion, myself and the team at Lockton would be more than happy to discuss with your firm.
Marc Rowson Partner marc.rowson@lockton.com
02079332034
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
Update on Civil Procedure Rule Committee Access to Court Documents Proposals
From February to April 2024, the Civil Procedure Rule Committee (‘Committee’) held a consultation on a proposed draft amendment to the Civil Procedure Rules (‘CPR’) rule 5.4C (supply of documents to a non-party from court records). Details of the consultation are available on the Committee website at: About us - Civil Procedure Rule Committee - GOV.UK (www.gov.uk). https://www.gov.uk/government/organisations/ civil-procedure-rules-committee/about
The proposed amendment would permit a non-party to obtain specified documents in relation to the proceedings, including expert reports (except for medical reports or where a rule or practice direction provides otherwise), without the permission of the court. A non-party will be able to obtain these documents (subject to certain restrictions) where the defendant has filed an acknowledgement of service or a defence, the claim has been listed for a hearing, or a judgment has been listed in the claim. A summary of the EWI’s response to the consultation is available here: https://www.ewi.org.uk/News/the-ewis-view-on-the-civilprocedure-rule-committee-court-documents-consultationc
The initial intention had been to introduce the amendment in October. However, in May the Committee noted that the reforms may not be ready to come into force by then, and in the minutes of the Committee’s June meeting, the Committee noted that this work would be temporarily paused:
“AL(23)235 - Access to Court Documents (UKSC Cape -v- Dring). Further to the update provided at the last meeting (paragraphs 8 – 13 of the May 2024 minutes refer) and following internal discussions, the work will be temporarily paused. This is to allow the Lady Chief Justice’s Transparency and Open Justice Board (chaired by High Court Judge, Mr Justice Nicklin) to conduct the first phase of its work. It is envisaged that a member of the Board will be nominated to act as liaison with the CPRC. Action: Secretariat to provisionally allocate time in the autumn for the matter to return.”
The Lady Chief Justice published the membership and Terms of Reference for the new Transperancy and Open Justice Board in April 2024. The Board’s purpose is to lead and coordinate the promotion of transparency and open justice across the Courts and Tribunals in England & Wales, with initial activities including establishing a Stakeholder Committee and finalising the Board’s Key Objectives after wide engagement with interested parties. The EWI has written to the Lady Chief Justice offering to represent the Expert Witness community on the Stakeholder Board.
The EWI will continue to monitor the progress of the Access to Court Documents proposals and engage fully in any further consultation on them. We will also continue to engage with the Transperancy and Open Justice Committee.
And Finally...
Well, it has been a busy few weeks since I last wrote!
We have had the AGM and have seen Mrs Franklin take the role of President, with Mrs Carter as her Vice.
I am busy planning the Awards dinner, which is due to take place on Friday 20th of September....have you submitted your nomination? You do not need to be a member to do so...!
Just as microsoft brought the world to
halt with their outage, my trusty desktop greeted me with the blue screen of doom, despite several prayers to the software gods, it was declared as dead as a dodo. It has been a stressful week trying to work from my phone whilst a replacement device was being sourced and delivered. Thankfully i am hooked back up to the world wide web, and hopefully normal service will be resumed!
I am excited to let you know that we will be holding a NLS golf day in early Autumn, a four-ball event at County Golf Club in Chapel Brampton.
We have further training events taking place also, please do visit the website for
more information, or I am always happy to receive your enquiries by email; sec.nls@ outlook.com
Also, please do drop me a line if you have any news that you wish to be added to the bulletin- it’s always good to share positive news!
