Northamptonshire Law Society Bulletin Winter 2024

Tel: 0151 651 2776

simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk

Managing Editor: Carolyn Coles

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Media No. 1111 Published March 2024

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The President Writes...

My journey as President to date

My predecessor, Jabeer Miah, did an excellent job in his two years in the presidential seat. I must admit that my journey so far has been eventful and fun since taking over as President in August last year. There are a lot of interesting things you get to see and experience as President.

I have enjoyed my role which has its demands and challenges but I’m doing my best to meet them head-on. I know that I can’t perform my role effectively without the dedicated assistance of Carolyn Coles, our Society Manager, as well as having the continued support of all the Council members.

I would like to thank all our Patrons, namely University of Northampton (UON), Landmark, Hawsons, Marsh, and our headline Sponsors- Review Solicitors.

Here are a few of my highlights since taking over the Presidency: -

• The Haemophilia Society, my Charity of the Year, was announced at the Gala Dinner.

• Attending the High Sheriff’s Procession on 8th November 2023.

• Presiding over our Annual Gala Dinner held at Northampton Cricket Club on 10th November 2023.

• a Zoom meeting with our Patron Landmark Information regarding patronage and what the Society can do for their continued support.

• We’ve held two Pro Bono Law Clinics so far at the Doddridge Community Centre and provided free legal advice in areas of Employment and Landlord & Tenanct Law. The clinic was opened by my predecessor in partnership with Law Works, CA, NCF, UON and Community Law Service.

• Attending Marsh’s presentation on partner oversight and loss of independence on 14th November 2023.

• Attending the UON Law Graduation Ceremony at Franklins Gardens on 16th November 2023

• Attending the Northamptonshire Community Foundation (NCF) Awards at the Royal Derngate on 29th November 2023.

• Zoom meetings with Review Solicitors at the end of 2023 leading to them becoming our new Headline Sponsor.

• Attending the High Sheriff’s Lecture at University of Northampton (UON) on 16th January 2024.

• Attending the Northants & Bucks Juniors Lawyers Division re-launch at EMW Law in Milton Keynes on 24th January 2024.

• Attending the Law Careers Fair at UON on 6th February 2024.

• We’ve also had four Council Meetings since my Presidency started.

• Teams meeting with the Legal Walk Committee regarding raising funds for Access to Justice on 15th February 2024

• Attending a networking event at Leicester Football Club on Saturday 17th February 2024 with other Local Law Societies in attendance.

I have also accepted invitations to a number of other neighbouring local Law Society dinners in the coming months, which I am looking forward to attending in our spirit of collaboration.

I still have a lot to achieve but I am confident that the road ahead looks very promising, especially in terms of making new connections whilst also preserving and developing our existing ones.

Many thanks

Maurice Muchinda President, Northamptonshire Law Society 02.2024

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Northamptonshire Law Society Officers & Council Members 2024

President

Maurice Muchinda

Vice President

Sarah Franklin

Honorary Secretary

Ika Castka - Past President

Honorary Treasurer

Afua Adane

Council Members:

Immediate Past President

Jabeer Miah

Sharine Burgess- Past president

David Browne

Laura Carter

Michael Orton Jones

Euan Temple - Past President

Edward St John Smyth - Past President

Lynsey Ward

Oliver Spicer - Past President

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.

Residential Property Trends Report

Residential Property Trends Report

Residential Property Trends Report

How will the property market remember 2023?

For me, it has been unprecedented. Unlike preceding years, it’s not the surprising impact of unpredictable events like the pandemic or the mini budget that stands out, but rather the occurrence of one of the lengthiest periods of market stagnation that anyone can recall.

Over the past 12 months, supply has remained mercifully strong, with 2023 just 0.5% down on volumes seen in 2019 – a year that is universally acknowledged as the last ‘normal’ trading year and a useful benchmark for this report.

By contrast, the leading transactional indicators that follow, including SSTC / SSTM, searches ordered and completions, have been consistently restricted by at least 30% in England and 10% in Scotland compared to 2019.

Once the market returns, could this mean that we’ll see a steady flow of previously suppressed transactions progress through the pipeline?

Residential Property Trends Report

After a challenging year, the market is ready for more movement.

Simon Brown, CEO, Landmark Information Group

property owner initiates a sale through estate agencies, through the gathering of property search data, and across the lending process from building survey and valuation to approval, our data supports the needs of our customers along the entire value chain.

This includes data from Millar & Bryce, the long-established Scottish search business, which has been part of Landmark since 2013. As a benchmark we also reference public open license data from Registers of Scotland. Given that the Scottish property market differs in certain respects from that of England and Wales, we present two Cross Market Activity reports based on the respective datasets for our activity both north and south of the England-Scotland border. We hope that these continue to provide a valuable source of insight for industry professionals and interested observers alike.

To view the full report, please use the QR code left.

Council Members Report: February 2024

Get this; some people have a gym membership, pay each and every month upwards of £40-50 or more a month, but then don’t go. All that wonderful machinery, the classes, the people, the dopamine hits – all missed. Its bewildering really that someone would pay for something and then not use it.

Who am I to talk? I went to a gym. Once. Nice café.

Anyway, my name is Steven Mather and I’m your all-new Law Society Council Member for Northamptonshire Leicestershire and Rutland, replacing the wonderful Linda Lee - the incumbent for the last 20 years and previous Law Society President. I am not even going to try to fill her shoes, but hopefully I will bring my own unique approach to the role.

Assuming you’re a solicitor with a practising certificate (PC), then you’re paying for me and lots of people at The Law Society (TLS) (as well as the SRA and SDT inter alia). The majority of TLS’ income is derived from collection of PC income, although that is now managed by the SRA and funds distributed back to TLS. You can find out more about financials here: https://www.lawsociety.org.uk/about-us/business-reviewand-annual-report

But, like that gym membership, I’m concerned that you’re not using your membership to its full advantage. Whether you work in a high-street practice, a larger commercial/regional firm, in house or in an ABS, you can access TLS Benefits. I must admit, until I became a Council Member, I had no real idea of the breadth and depth of the support that TLS provide to us as solicitors, and I would urge to you take a look at the TLS website or get in touch with them or me.

So what is Council and what am I doing?

Council is the ultimate governing body of the Law Society. There’s currently 97 seats, some geographical, some practice area based, and others such as LBGT and EDI. Council maintains strategic oversight on all important matters, and while day to day decisions are delegated to the Law Society Board, it remains accountable to Council. Fundamentally, Council and TLS are accountable to you, our members.

I see my role as Council member as being the channel of communication, the gateway, to TLS and all it has to offer. In my short period as being a Council member, I can see that there is a way to make a difference, but to do that I need to hear from you on any issues of potential concern and how you think TLS should be helping.

Take for instance criminal legal aid, TLS has taken the Ministry of Justice to court via Judicial Review over criminal legal aid funding. They’re seeking a minimum 15% funding uplift and say the 9% in 2022 with just 2% in 2024 was a real-term cut to legal aid rates. While writing this the judgement was released, and the Divisional Court has ruled that Government acted unlawfully and irrationally when deciding not to implement the full funding recommendation.

Without TLS bringing a legal challenge, the Government would have carried on and got away with it actions. The Rule of Law, so paramount in our studies as lawyers, is once again proved important in our daily lives too.

I genuinely want to work for you, with you, on any issues, so do feel free to get in touch with me if there’s anything you’d like to discuss or for me to raise at Council. You can email me steven@stevenmather.co.uk

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Article by Steven Mather Council Member

Record breaking year for charity legacy income

Charity legacy income is estimated to have reached £4bn and bequest numbers almost 140,000 in the year 2022/23 — an annual income growth of 6.5%. This news comes at a time when a growing number of charities are increasingly reliant on gifts in Wills.

The growth estimate is based on this year’s Legacy Monitor from Legacy Foresight - the sector’s annual benchmarking research programme, which gathers data from over 80 charities, accounting for almost 50% of the charity legacy market.

These results reflect the resilience of the legacy market, with easy and up-to-date access to the latest facts and figures from the UK legacy market now available via Legacy Future’s new Data Dashboard.

Although the upward growth trajectory looks set to continue for the long-term, Legacy Foresight also warns that current economic conditions are likely to negatively impact growth in the coming months - with falling house prices not only impacting average gift values but also affecting the time taken between notification and money being received by charities.

Despite the projected fall in house prices meaning that the medium-term forecast for legacy income is relatively subdued, beyond 2026, the forecast for the legacy market is a lot more positive, with an expected return to accelerated growth. In real terms, legacy income is predicted to reach over £6bn by 2050.

While growth in legacy income is positive news, charities need to be aware that the market is becoming more crowded. With more charities vying to be heard in the legacy market, it is getting harder to maintain and grow share. Smaller charities with smaller budgets are finding it easier to spread their legacy programmes to

potential legators as digital marketing for legacies becomes more mainstream.

Charities must therefore be prepared to plan, invest and be creative to secure their space in this evolving sector.

CEO of Legacy Futures, Ashley Rowthorn, says:

“With the huge impact that external forces such as house prices and the probate backlog are having on the legacy market, it’s more important than ever and yet more challenging than ever, for charities to understand how they are faring compared to the market.

“Charities need to stay aware and informed as to what is happening to the external drivers, so they’re able to separate market trends from their own. This will enable a better understanding of their underlying performance and to set realistic budgets and strategies for the future.”

Lucinda Frostick, Director at Remember A Charity, says:

“Particularly in such tough economic times, charitable legacies have never been more valued. Fundraisers, finance teams, CEOs and trustees at any charities with established legacy fundraising programmes will no doubt be thankful that their predecessors had the foresight to invest in legacies in years gone by, helping them weather the current storm.

“We can’t control the economic environment, but what we can influence is the propensity for giving and the way in which we inspire people to leave a gift in their Will. Currently, we’re seeing appetite for legacy giving reach record levels. In challenging times, it’s all more important that we continue to collaborate within the sector and beyond, building on legacy growth to normalising charitable gifts in Wills.”

With a mission to normalise giving to charity from your Will, our free Campaign Supporter scheme gives Will-writers access to resources and exclusive digital marketing assets to help you start up those all-important legacy conversations. All Campaign Supporters are also listed in our searchable directory for those looking for help in writing their Wills.

To find out more about our Campaign Supporter scheme for solicitors and Will-writers, visit: www.rememberacharity.org.uk/ advisers

You can also join our dedicated LinkedIn Group for Professional Advisers, to network with likeminded legal professionals and keep up to date with all the latest developments when it comes to gifts in Wills.

UK legacy income, £bn

Long-term predicted growth of UK legacy income, £bn

UK Cyber Insurance 2023 Report

The UK continues to be a profitable target for cyber criminals, with malicious attacks on digital systems and technology impacting organisations in a variety of sectors. More than 37% of large businesses have become a victim of cybercrime, according to the UK Government.

In the context of increasingly sophisticated attacks and a widened threat landscape, the UK cyber insurance market in 2023 has experienced an influx of new buyers that are benefitting from stabilising rates following post-pandemic highs. New entrants into the market have sparked competition, and clients have benefitted from strengthening coverage and capacity as a result.

Hundreds of cyberattacks occur every month in the UK, and the increasingly sophisticated methods of threat actors mean organisations of all sizes have been impacted. High profile cyberattacks in 2023 were reported by organisations ranging from government agencies and retailers to media outlets.

A number were affected through vulnerabilities in their IT supply chains, reinforcing the need for vigilance around cybersecurity controls, such as rigorous monitoring of the measures taken by vendors and suppliers. The events included ransomware among other attacks which regularly exposed customer data, interfered with supply chains, and more.

UK cyber insurance market trends in 2023

Against this background, there have been shifts in the insurance marketplace in 2023, including:

Pricing: Cyber insurance pricing continued to decline, on average, through the year. In the third quarter, pricing dropped

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8% for clients with annual revenues of over £250 million, compared to year-over-year increases averaging 38% in the same quarter a year earlier. Of these clients, 71% experienced price decreases this year. Price reductions on excess layers were generally more significant.

Limits and capacity: In the second quarter of 2023 insurers typically continued to remove some restrictions to existing coverage. Capacity increased amid ongoing Lloyd’s support for the cyber market. More than 9% of clients increased their retention in the third quarter, which may indicate increased confidence in their cybersecurity measures.

Claims: Claim volumes have risen in 2023 compared to last year, with ransomware remaining a key factor. Threat actors continue to use innovative and sophisticated ways to cause disruption. Almost half of total claims to date in 2023 have emanated from attacks on the IT supply chain. However, trends suggest that the ransomware model may be becoming more difficult to monetise.

Underwriting: Systemic cyber risks remain a top concern. Insurers are typically including specific war and territorial exclusions in policies, with war exclusion language in line with Lloyd’s requirements. Underwriters are scrutinising areas that are directly relevant to the threat landscape, such as data collection practices and vendor management. Despite this, an injection of capital into the cyber insurance market has resulted in broader options for clients.

Cyber property damage and business interruption (PDBI): In line with a 2017 Prudential Regulation Authority (PRA) mandate, insurers must be explicit as to whether cyber is covered as a peril in an insurance policy to avoid “silent cyber” (cyber risk in

non-cyber policies). This has led to exclusions of cyber perils, particularly in “all risk” and property policies. This is a key factor in the development of the cyber PDBI market but is not the only consideration for buyers.

The proliferation of operational technology (for critical infrastructure, transport, manufacturing, marine, energy, and utilities), high-tech buildings with inherent PDBI risk, and connected devices has also contributed to the growth of this sector. There is currently more than £200 million of advertised PDBI capacity, and rates generally decreased in 2023. While it is often the case that the traditional property and casualty market offers coverage for non-malicious cyber events, the cyber PDBI market fills the void for malicious events, such as a ransomware attack.

Outlook for 2024

Cyberattacks on the IT supply chain will likely remain focal points in 2024. In 2023, 44% of client claims involved attacks on either IT service providers or a software product. In addition, data exfiltration — as part of ransomware attacks — became more prominent. We expect insurers to continue focusing on IT vendor management and data collection practices throughout 2024. While ransomware and other events are expected to continue, there is optimism that insurance capacity will remain available in 2024.

Some clients are likely to face new challenges regarding risk associated with operational technology. The London insurance

market provides capacity for property damage arising from a malicious cyber event.

Artificial intelligence has been a hot topic throughout 2023, with many organisations exploring ways in which generative AI can support everyday business activities. Discussions around how such tools will be governed continues, and it is important for clients to recognise the associated risks involved.

How Marsh can help you understand, measure, and manage cyber risk

Cyber risk management is an ongoing endeavour, and it is important for organisations to adopt a proactive approach. As your cyber risk adviser, Marsh can help you in several ways:

Incident management: Our cyber incident management team can help formulate your cyber incident response and support you during and after an incident.

Risk advisory: Our advisory team can partner with you to enhance cybersecurity resilience in view of technology advancements and the ever-evolving threat landscape.

Risk intelligence: Our economic modelling and quantification tools (such as Blue[i]) can inform risk transfer and cybersecurity decision making.

Insurance: Our proprietary insurance programmes enable efficient cyber risk transfer.

in Review: Don’t let complacency ruin your credibility

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.

As we come to the end of the year, I’m taking the opportunity to reflect on yet another interesting year for Expert Witnesses. Once again, there have been several high-profile cases which have reflected the best and worst in Expert Evidence. So here are my top ten takeaways from 2023.

1. Don’t get complacent

You may have many years of experience as an Expert Witness, but even the most experienced experts can get things wrong.

Over the last year we have seen:

Numerous reports submitted for assessment which have contained the wrong declarations and/or statement of truth. Examples of experts who were coerced by the legal team to do something that they felt wasn’t right, only to have this backfire in court.

Examples of experts facing criticism in the witness box because they hadn’t addressed all the issues, evidence, or range of opinion.

So…….

2. Make sure you are up to date

Whilst the EWI will always cover key rule and regulation changes in our monthly newsletter, we have now started emailing members directly when key practice changes happen, or important guidance is issued.

However, why not take some time now to review your templates to make sure are using the correct declarations and statements of truth.

We’ve also created a Report Checklist you can use to ensure every report is compliant and of good quality.

3. Ensure you make yourself aware of some of the recent changes

On that note, you are hopefully fully aware of the recent changes that came into force at the beginning of October.

England and Wales - Criminal Procedure Rules – Change to Declaration

England and Wales - Civil Procedure RulesNew rules governing Expert Evidence in the Intermediate Track

If you are not aware and you do work in these courts – it is important you familiarise yourself with these changes now.

4. Preparation is key to avoiding criticism

At this year’s Sir Michael Davies Lecture, the Honourable Mr Justice Williams, High Court judge and chair of The Family Justice Council Subcommittee on Experts, shared his views on the criticism of Experts in the courts.

His top tips to avoid it included:

Remember the fundamentals of being an expert.

Remain within your area of expertise. Comply with the relevant procedural codes.

Don’t take on too much.

Comply with timetables.

Communicate any difficulties.

If you would like to hear more of what he had to say, you can access the recording.

5. Remain within your area of expertise

The judgment of Mrs Justice Bacon in Sycurio Ltd v PCI-Pal PLC & Anor [2023] EWHC 2161 (Pat) contains an important reminder for experts. During the course of the trial, it transpired that one of the expert witnesses (whose qualifications in their own field were not in doubt) had written a report and gave evidence on matters that were clearly outside their field of expertise. The result was that the judge was unable to accept their evidence on any matter that fell outside their core area of expertise.I am looking forward to hearing Mrs Justice Bacon’s views on this case at our Conference next year!

6. Review your opinion when necessary

If another Expert (whose opinion you rely on) changes their opinion, make sure you consider the implications for your opinion. A good example of this can be found in Benjamin Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565(KB) which provides important lessons to be learned for all Expert Witnesses.

7. Take a moment to review your CV

Back in April, I reviewed the case of Watts v Watts [2023] EWHC 679 (Ch). This contains several learning points for experts. But one of the key issues affecting the credibility of the expert was that they had written nothing within their CV to

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demonstrate that they possessed the specific expertise relevant to the case.

Remember your CV needs to reflect why you can act as an expert in the case at hand.

Need some help? Why not attend our CV writing for Expert Witnesses webinar on the 24th January.

8. Consider how you might deal with dishonesty

The case of Muyepa v MOD highlighted the issues faced by Experts when dealing with fundamental dishonesty. Back in January, David Stothard, Managing Director at MAPS Medical, examined that case which was ultimately dismissed as a result of the claimant’s dishonesty.

He concluded by inviting experts to spend some time considering the evidence presented by the medical experts in this case set out in the judgment (paragraphs 167 to 278 inclusive), whether they fall within your area of expertise or not and reflect on how you might have presented your evidence had you been involved in the case.

9. Maintain your independence in discussions of Experts

There has been continued discussion during the year of the importance of remaining completely independent during meetings between Experts and ensuring experts do not involve their legal teams in the drafting of the joint statement or act on behalf of the legal team during the discussion. This was further clarified by new guidance from the King’s Bench division that clearly states this.

10. Maintain your credibility

Hopefully this will be clear by this point in this article, but some of the most easily rectifiable mistakes will seriously affect your credibility. So, as it is the end of the year, why not take some time to reflect on your practice and think about what you can do to ensure you retain your credibility in 2024.

And with that I wish you every success for the New Year.

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 & 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.

Relationships remain key in the age of technology

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

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

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

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

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

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

The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch.

Do we rely on technology too much? Are chat bots, apps and portals what our clients really want and need? What happens when things go wrong? People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.

I recently won back a client from a rival supplier. When I asked what it was that brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!).

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

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

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

The key is getting the right combination of technology and people. Going back to Dale Carnegie’s quote; the organisations who can empathise with the clients, and understand how to respond, will be the best at winning friends and influencing others.

Kay Toon is an Account Manager at Geodesys

The Peterborough School: Freedom to Explore

With rich history and steadfast foundations, The Peterborough School, or ‘TPS’ as it’s affectionately called, has evolved over the past 129 years and is familiar to many local families under its various name changes since its founder, Miss Hill, established a High School for girls in 1895. In 1936 the school moved to its current site, a beautiful Grade II Listed country house on Thorpe Road and was renamed ‘Westwood House’, until its name changed back to ‘Peterborough High School’ in 1991. The first Headmaster, Mr Adrian Meadows joined the School in 2007, and he made the decision in 2010 to allow the admission of boysand ‘The Peterborough School’ was born. Since then, under his leadership, the School has advanced from strength to strength, with a proud vision of ‘unlocking the potential of each and every child’, underpinned by our values of Family, Ambition, Character and Excellence.

Combining the convenience of road and rail links, with the safety and serenity of a 13-acre green oasis campus, nestled in the heart of Peterborough, TPS offers parents a ‘Through School’; where babies and pre-school children can progress through the newly expanded ‘Outstanding’ rated Nursery, situated at the bottom of the tree-lined drive, to the fantastically renovated Reception classroom, and then move seamlessly through the Prep School, Senior School and Sixth Form.

TPS provides pupils with a continuous and consistent journey of progression and instils ambition, excellence and character with wraparound family support. Experienced teachers enable each child to flourish, and every pupil has the freedom to thrive, with our Reception children making outstanding progress in their first year. The School has high standards and expectations, and an equally vast choice of extracurricular activities; Duke of Edinburgh’s Award, vast array of sports clubs, debating, gardening club, fencing, yoga and rock climbing to name but a few!

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The Peterborough School continues to evolve and invest in facilities year after year. Most recently specialist school interior design company, Envoplan, designed and installed a bespoke state-of-the-art Reception Classroom. This vibrant learning environment takes the very best from Scandinavian design to create many interactive features, including a unique elevated Learning Tree where children can enjoy a calm and quiet space to read, tell, and listen to stories. The use of muted colours, cloud lighting, and innovative storage walls allows the Reception Classroom to be equally engaging and inspiring for our young children, as well as practical and logical for teachers.

The use of zones within the classroom helps children to differentiate areas of play and interactive learning, areas of quiet-working time, and the all-important listening spaces. This supports their motivation, interests and needs. Spaces beneath the Learning Tree allow our teachers to change role play areas based on the seasons and focus subjects; currently the children are enjoying their ‘Polar Rescue Centre’ and have become quite the experts in treating penguins suffering from a broken wing, or spotting when a seal may have a headache!

Reception students and staff are thrilled with their new classroom; a beautiful and innovative space providing them the perfect springboard into formal education and upward trajectory at The Peterborough School.

Join us at our Reception Open Morning, Wednesday 20th March 2024, 9:00 am – 11:45 am. Explore our new Reception Classroom, meet our wonderful Early Years Foundation Leaders, and discuss entry to Reception for September 2024!

Scan the QR code opposite to register

The Solicitors’ Charity partners with Pennysmart, the Money Advice Specialists, for Solicitors in Need.

• The Solicitors’ Charity is now able to offer more support to solicitors struggling with low income, financial hardship or problem debt.

• Clients can get access to free budgeting, benefits and regulated debt advice.

• On-going support with achieving financial goals now offered through dedicated caseworkers.

The Solicitors’ Charity is pleased to announce a significant expansion in its support initiatives for solicitors with the introduction of an impactful partnership with Pennysmart.

This collaboration extends the charity’s current offering, giving solicitors the unique advantage of ongoing expert caseworker support from Pennysmart. This represents a substantial enhancement in the charity’s ability to provide tailored and continuous assistance, ensuring solicitors have a dedicated resource to effectively manage their finances over the long term.

Pennysmart provides free-to-client, impartial, confidential money, and debt advice either by telephone and/or digitally, dependent on the client’s needs.

In addition to its new financial support partnership, The Solicitors’ Charity continues to provide a multifaceted range of support, addressing various aspects of solicitors’ well-being, professional development, and personal challenges.

The Solicitors’ Charity’s CEO, Nick Gallagher said: “I’m pleased to be able to provide solicitors with an additional

level of support through Pennysmart. This collaboration will serve as a lifeline for numerous solicitors seeking financial guidance, offering them the tools to regain control of their finances. Pennysmart is not only offering expertise on a range of financial topics, it is also providing one to one support to assist clients in achieving their money management goals. Implementing a plan can be easier when that support is in place and someone is in your corner.”

This strategic partnership is great news for the legal profession, offering solicitors throughout England and Wales access to a comprehensive range of financial support and expert debt advice.

Jayne Bellis, CEO of Pennysmart, expressed enthusiasm about the collaboration with The Solicitors’ Charity, stating: “We are delighted to partner with The Solicitors’ Charity to extend our services to solicitors in need. Our advisory services aim to empower clients in achieving financial resilience by optimising income, minimising expenses, and navigating debtrelated challenges through access to effective debt solutions.”

If you, or a solicitor you know, needs support, get in touch with The Solicitors’ Charity today. Find out more about the charity by visiting www.thesolicitorscharity.org.

Northamptonshire Law Society

As part of ReviewSolicitors mission to promote transparency and trust in the legal industry we are delighted to announce that we are now proud sponsors of The Northamptonshire Law Society.

We recognise the significant role that law societies play in upholding the highest standards of professionalism and ethics in the legal sector. By sponsoring Northamptonshire Law Society, we align ourselves with a respected institution that shares our vision for ensuring that legal services are accessible and of the highest quality. Our shared goal is to empower legal professionals and clients and work towards a more transparent and brighter future for the legal industry.

In the evolving digital landscape of legal services, where informed decisions are a click away, ReviewSolicitors stands as a beacon for new clients seeking legal representation, guiding them through the often-complex realm of legal services.

Who We Are:

ReviewSolicitors is dedicated exclusively to the legal world, ensuring potential clients can access genuine and verified reviews about law firms along with insights into performance, success rates, availability and other key factors critical for clients to understand at the early stage of their client journey.

At the heart of ReviewSolicitors is its commitment to transparency and authenticity. Annually, over 6 million clients turn to ReviewSolicitors.

Here, potential clients can delve into unbiased reviews penned by genuine former clients, encompassing all SRA-registered law firms.

These reviews shed light on individuals’ positive and negative experiences with law firms. This first-hand knowledge equips potential clients with a clearer understanding of what they can expect when engaging with a particular firm.

Firms can improve their reputation using ReviewSolicitors to collect client feedback more efficiently. Our streamlined process benefits firms looking to establish a trustworthy and professional image.

Our Services:

Exclusively tailored for law firms, ReviewSolicitors offers a wide array of benefits through our outstanding features:

Case Management System Integration: Automatically send clients a review request once the firm has closed the matter on the system.

Google Reviews Integration: Integrate Google Reviews to your profile and direct clients to leave their feedback on Google Reviews.

Social Media Integration: Automatically share 4- and 5-star reviews on the firm’s social media.

Widgets: Display a firm’s most recent 4- and 5-star reviews on their website.

Individual Profiles: Create individual profiles for each member of the team.

SRA-orientated: Our questionnaire meets the SRA’s recommended quality indicators for reviews.

Comprehensive Analytics and Reporting: Use powerful analytics and reporting tools to make data-driven decisions. Gain insights into your firm’s performance and the impact of your reviews.

There are more advantageous features available exclusively to members who register with ReviewSolicitors. By joining, you can display your exceptional qualities on an independent review platform and establish a positive reputation in the industry.

Contact Us:

Ready to take your law firm to new heights?

Connect with us today to get started:

Website: www.reviewsolicitors.co.uk

Contact: Adam Hall

Phone: 0330 320 5053

Email: adam.hall@reviewsolicitors.com

Follow us on LinkedIn, Twitter and Facebook. Learn why over 4,000 firms trust us.

Kind regards,

Head of Partnerships ReviewSolicitors

Profits à Prendre: An Overview

Lesser-known than easements or covenants, profits à prendre are a form of right over land. However, their uncommon nature certainly doesn’t render them unimportant – particularly when dealing with agricultural land or large estates.

What is a Profit à Prendre?

A profit is the right to take something from someone else’s land that is both capable of ownership and a product of nature – the literal translation being French for ‘profit to be taken.’ Common examples of profits include fishing rights, grazing rights or hunting rights, which may also be referred to as sporting rights.

Classifying Profits

A profit can either be several/sole or it can be a profit in common.

A ‘several’, or ‘sole’ profit, can only be exercised by the person to whom the profit is granted. This means that unless the owner of the servient land has reserved the same right, they are prohibited from also being able to exercise the right conferred.

A profit in common benefits more than one party, including the owner of the servient land. Unlike in the case of a several/sole profit, no such express reservation of rights is required in these circumstances.

Profits can exist ‘in gross,’ or can be ‘appurtenant.’

Rather than benefiting land, a profit can be held ‘in gross,’ meaning that it benefits the individual personally and is not contingent on land ownership. Due to their personal nature, profits in gross (provided that there is no express provision prohibiting such dealings in any deed granting the right) can be transferred or assigned totally independently of the land in question.

Profits appurtenant, however, are connected to the land concerned –much like with an easement, they exist for the benefit of the owner of land adjacent to the servient land in question.

Profits v. Easements

There are some key differences between profits and easements to be aware of.

An easement gives permission to use land in a specific way – such as rights of access, or rights to use service media - whereas a profit provides the grantee the right to physically remove something from the land concerned – subsequently conferring ownership of the product taken. The item being taken must be capable of ownership – so for instance, a profit cannot be granted over water flowing from a natural stream.

Unlike with an easement, a profit in gross need only be registered against the title to the servient land.

Registrability

If a profit à prendre is expressly created over registered land on or after 13th October 2003, then it is registrable, meaning that the profit will not take effect at law until registration has been effected.

If a profit has been granted over registered land prior to the 13th October 2003, or over unregistered land, then registration of the same is not compulsory.

Having said that, in cases where a profit can be registered, we would advise the profit holder to do so to ensure that Land Registry records accurately reflect the situation as it is on the ground. Having an accurate record may also prove useful in dealing with any potential issues in the exercising of a profit.

www.northamptonshirelawsociety.co.uk

HM Land Registry have produced guidelines in dealing with registrability of Profits a Prendre in Practice Guide 16. If a profit is freehold, or is held for a term of years, then an application for registration at HM Land Registry can be made. This is essentially completed in the same manner as a first registration of unregistered land.

If an application for the registration of a profit is successful, the profit will be granted its own title, and a notice will be entered into the charges registers of the land affected by the profit.

The Importance of Profits à Prendre

As before, whilst profits are lesser-known rights than easements, landowners and prospective purchasers should certainly be aware of their existence.

Though some profits can exist purely personally, some are capable of being transferred or assigned and could therefore hold further value for the holder of the profit above and beyond merely being able to exercise the right.

In a similar vein, a landowner who is considering selling should be aware of any profits relating to their land – either in gross or appurtenant – in order to be able to fully disclose to a potential buyer. Of course, this is where having accurate Land Registry records is useful, as notice of a registered profit would be contained in the title register of the land being sold.

Reform

The Law Commission has acknowledged that this is an outdated area of law, that gives rise to complexities. Whilst the Government has expressed in recent years, that it intends to address and reform the law on restrictive covenants, it remains to be seen whether this reform will also include reform to the law on profits and easements – despite recommendations from the Law Commission as to the same.

Article by Chloe Lake Trainee Solicitor, Wilson Browne

The importance of a DNA test for Immigration applications

An investigation by the BBC in May last year1 revealed that there are UK men who are posing as fathers for migrant women and taking fees of up to £10,000 for falsely adding their names to birth certificates.

This enables the child to become a UK citizen and hence for the mother to gain residency. It appears that despite the rules banning the practice, these “fathers” are advertising on social media and are using elaborate and convincing backstories, which can only get more convoluted with use of AI. Social media posts involve both men advertising themselves as “fake fathers” and women searching for a British “citizenship daddy”.

Falsification of a birth certificate is a criminal offence2 yet the practice continues, with rare examples of prosecutions3. As evidence of paternity, sufficient checks are required and the technology to do this, via a DNA test, is both readily available and tried and tested4.

Since the Home Office has not published data on the number of visas given to non UK parents of British children, the scale of this fraud is not publicly known. However, it is the case that if an illegal migrant female gives birth in the UK to a child who has either a) been fathered by a man with indefinite leave to remain or b) is a British citizen, then the child will be British by birth. This does the correct thing of course, it protects the child, but the consequence is that the mother can apply for a family visa and hence citizenship.

The BBC reported that this practice has been going on for many years, including communities from Bangladesh, India, Nigeria, Pakistan, Sri Lanka and Vietnam.

In these cases, where the “red flag” is raised, there is a clear requirement for a DNA paternity test. For example, a red flag would be a British child with one British parent who is named on the birth certificate and a non-British mother who is without a visa. Unfortunately, there is no legal requirement in the UK for a DNA test when an application is made for a child’s passport or when registering the birth. There is a strong case for change.

In the cases of unmarried parents, the responsibility for registering the birth of a child lies with the mother and only the mother has parental responsibility. If both “parents” are present at the registration, then there is the situation where the fake father or the citizenship daddy will have parental responsibility for the child. Falsification aside, once the visa/citizenship process is complete, the mother may claim “genuine mistake” and via a DNA test, apply to have the fake father or citizenship daddy removed from the birth certificate. Equally, should the biological father appear, he may also apply for an amendment, but this would not give him parental responsibility unless a court order was in place or unless the mother agreed.

A DNA test for paternity either excludes a man from biological parentage with 100% certainty or determines that he is the biological father. The latter, an “inclusion” is usually given as a probability of paternity and will give a statistic in excess of 99.99%, especially if we have been able to test the mother.

Of course, paternity DNA tests of this nature should be conducted by an accredited company, such as our own, which is on the Ministry of Justice list as “a body that may carry out parentage tests directed by the civil courts of England and Wales under section 20 of the Family Law Reform Act 1969”5

By using such a company for these tests, you can be assured that as far as is possible, checks are carried out to establish identity and facts, plus we control the sample collection, via use of one of our registered samplers and adherence to the legal procedure for collecting samples for DNA testing6. This is important because there is a chain of custody which allows reliance on the DNA testing data.

The BBC investigation into birth certificate manipulation has provided illumination into circumstances which are disconcerting and indeed, helps makes the case for more accredited DNA testing to be used in immigration applications.

1 UK men offered £10K to pose as dads in visa scam, BBC investigation finds - BBC News

2 Section 4 of the Perjury Act 1911

3 Mum jailed for lying about the dad of her baby on birth certificate to spite ex-boyfriend - Wales Online

4 www.dadcheckgold.com

5 dadcheck® is UKAS accredited testing laboratory No. 2743.

6 Blood Tests (Evidence of Paternity) Regulations 1971 (SI 1971/1861), as amended Blood Tests (Evidence of Paternity) (Amendment) Regulations 2015.

About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as “A body that may carry out parentage tests as directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969” and by virtue of directly running laboratory services which meet the stringent and internationally recognised ISO/IEC 17025 standard.

And Finally...

Hello and welcome to our first bulletin of 2024.

As we are already into February, it seems a little late to be wishing you all a “Happy New Year “ so I will say, Happy Springtime instead!

I have had a busy start to the New Year, membership renewals, planning upcoming courses and events. Have you seen what we have planned?

SRA -Discussing all things FWRA and CMRA and a Q&A session Weds 21st February.

Ian Quayle, Kate Burt and Xpress Legal – Conveyancing update 12th March.

I also had the pleasure of attending the Law fair at the University it was great to meet with the new and upcoming talent, and I spent a full day collaborating with Law works writing the Pro bono clinic handbook.

As always I am looking for audience participation with regards to the bulletin, so please do drop me a line if you wish to add something. Tell me about a charitable challenge you are doing, a sporting adventure…….It would be good to hear from you..

My contact details; Sec.nls@outlook.com Mobile 07543 662572

Best wishes

Carolyn Coles Society Manager

A quick look back to the NLS Gala Evening...