Northamptonshire Law Society Magazine Winter 2021/22

Northamptonshire Law Society Bulletin www.northamptonshirelawsociety.co.uk Winter 2021/22

Published by East Park Communications Ltd. Unit 27a, Price St. Business Centre, Price St., Birkenhead, Wirral, Merseyside, CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk Managing Editor: Carolyn Coles Advertising: Simon Castell Key Account Manager: Denise Castell Design: East Park Studio Accounts: Tony Kay Media No. 1111 Published December 2021 Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

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Contents The President Writes Council Member Report - Linda Lee Professional Indemnity Risk Alert: Email-Based Cyber Crime Introducing the Vice President Euan Temple - Registration Of Overseas Entities on real estate Headway East Northants and Shoosmiths deliver Christmas hampers to brain injury survivors Landmark Academy - How Can Law Firms Reduce Their Carbon Footprint?

A very different bar conference Remember A Charity - Record levels of solicitors raise the topic of legacies with clients Climate change and the legal profession Time for reform in drug and alcohol testing evidence in court Tips for dealing with winter Finders International - Family Tree Verification – don’t rely on what the family tells you Conveyancing searches: Choosing the right environmental report 2021 And Finally... Carolyn Coles

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Northamptonshire Police and Crime Commissioner Northamptonshire police and crime commissioner Adam Simmonds has completed just over six months in office.

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Welcome to this edition of the Bulletin...

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

The general attitude since my Presidency commenced in July has been positive and it has been a pleasure to hear from members and other local businesses that the recovery has generally been optimistic. Conveyancers have been relieved to see the end of the Stamp Duty holiday and celebrated record transactions which has assisted their recoveries.

In person events have re-commenced and the general mood from NLS members I have spoken to has been encouraging with many

Northamptonshire Law Society Officers & Council Members 2021 President Jabeer Miah

Deputy President Maurice Muchinda

Immediate-Past President Sharine Burgess

Honorary Secretary Ika Castka

Honorary Treasurer Afua Adane

Constituency Member & Past President Linda Lee

Council Members:

David Browne Laura Carter Michael Orton Jones Euan Temple - Past President Edward St John Smyth - Past President Afua Adane Lynsey Ward Sarah Franklin

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.

NLS would like to support its members and if there are any ideas or suggestions please do let me know.

Our patrons Marsh, the specialist solicitor professional indemnity insurance brokers have written a timely article giving practical advice in both avoiding cyber security breaches and what to do if you should be unfortunate enough to fall victim to such an attack.

The Cyber-attack on the Simplify Group has undoubtedly caused financial and reputational damage and the impact has been felt by the whole conveyancing market. Although the Simplify group (which includes the conveyancing firms Premier Property Lawyers, DC Law , Advantage Property Lawyers, JS Law and also My Home Move) report they are back up and running on core systems and actively working on cases as, at the beginning of December, they were still advising clients that they had to prioritise the most urgent cases. I personally have had Clients affected as have other members I have spoken too.

I have taken the role of President at full speed and we have relaunched the Non-Contentious Business Committee under the leadership of Euan Temple and assistance of Michael Orton-Jones and if any members are interested in getting involved please do contact either of us.

I had the pleasure of attending the Birmingham Law Society Presidents Dinner in September followed by the Derby Law Society and Warwickshire Law Society Dinner and Awards both in November. It was a honour to attend and to be able to speak to my fellow Presidents and colleagues of the current difficulties we face and being able to meet and speak to the Law Society President; I. Stephanie Boyce at the Birmingham Dinner and the Vice President Lubna Shuja at the Warwickshire Dinner.

Both are supportive of Local Law Societies and the work we do and hopefully we will extend invitations to attend our dinner in due course.

I was honoured to attend the High Sheriff’s Court Service and Procession in October together with members of the judiciary and other legal professions which enabled me to highlight the role of the NLS and in my effort to build awareness of the NLS and the Presidency I was able to engage with local dignitaries. In addition to this I was able to attend the Mayors Charity Gala Dinner in December representing the NLS and have made contact with the Civic and Mayoral Officer of Northampton Town Council to possibly have the NLS represented at the Remembrance Sunday events in the future.

In an effort to ensure our relations with our Patrons are resilient and pertinent I have met with Karen Jones the Dean of the faculty of Business and Law at the University of Northampton,

together with our Vice President; Maurice Muchinda and our Society Manager Carolyn Coles to discuss the ways in which we can work together and possible joint events. Being a passstudent and the first NLS President of colour the University took the opportunity to publish a story on their website and media releases which has featured in the Northamptonshire Business Times and can be viewed here: https://www. northampton.ac.uk/news/uon-graduate-bringsgreater-diversity-into-the-law/ We have also met virtually with Allie Parsons, Margaret Nutley and Leon Houseman from Landmark to discuss ways of supporting each other and hopefully Landmark will be providing some further training courses to us and developing the patronage relationship further and provide updates in relation to hot topics such as Cop26 and developments in environmental searches.

I, together with Carolyn met with Nam Quereshi of Marsh over lunchand he warned of the rise of cyber-crime and the hardening PII market and the need to have cyber insurance cover. Nam has agreed to share their regular “Cyber-Alerts” and newsletters and is happy to assist members with any queries or insurance needs.

I have been in touch with Joy Pinkham of Chartlands Chambers and we will arrange a meet with them soon.

I was also able to attend the SRA Compliance Officer Conference at the ICC in Birmingham last month and there was a distinct focus on money laundering compliance and I attended the accounts rules breakout session. Recordings of the event are available online and I do advise members take some time to visit the same: https://www.sra.org.uk/sra/news/events/ondemand-events/compliance-conference-2021/ It has also been brought to my attention of the recent rise in conveyancing solicitors being excluded by mortgage lenders and I have responded to the recent request for comments by the Sole Practitioners Group.

The NLS continue to provide courses virtually and we would be pleased to hear of any topics or suggestions in this regard.

My aim was to increase members and contact with our members and I would be pleased to hear from the local legal community and I am happy to meet to disuses the benefits and hopefully we will be contacting Firms soon to discuss the benefits of membership.

I take this opportunity to wish everyone a happy Christmas and a prosperous new year! I can be contacted at jm@shepherdandco.com Best Regards

Jabeer Miah President, Northamptonshire Law Society

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It has indeed been a difficult year for all with the Covid-19 Pandemic continuing to cause uncertainty and introducing new norms. Many of us have lost loved ones, family and friends to the pandemic. The new Omicron variant is causing further uncertainty with new restrictions and the possibility of a new lockdown.

citing the need to recruit. I have not heard of any redundancies following the end of the furlough scheme or stamp duty holiday and would be pleased to hear from members with an update and any concerns they have. I also encourage any positive news and ask for continued contributions to our members page.

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Council Member’s Report, Dec.‘21 On 23 November 2021, the Solicitors Regulation Authority (SRA) launched its consultation on, ‘Options for post six-year run-off insurance cover and the Solicitors Indemnity Fund’1. The decision the SRA takes following this consultation has the potential to affect every solicitor who was a partner (whether operating in a traditional partnership or in a Limited Liability Partnership) or a former employee of any firm which closed without a successor practice and their clients. It could also impact on those connected with firms that close without a successor practice in future.

Money was held in SIF limited to cover those firms that had closed before the move to the open market. By 2004, SIF decided that it had taken more money from members than was necessary to meet claims and so it was decided to offer post six year run off cover (PSYROC) for firms that closed without a successor practice -but only until those additional funds were exhausted. SIF is still operating on the money allocated in 2004 and no additional funds have been raised since. This is partly due to the benefit of the relatively low level of claims and the benefit of the returns on the investment of the funds.

Background to the Solicitors Indemnity Fund - SIF.

Developments since 2000

The solicitors’ professional indemnity insurance (PII) market operates on a claims made basis. Insurance must be in place on the day the claim is made, not the date when the negligent act occurred. The operation of the Limitation Act2 means that claims can be made very many years after the date of the negligence.

In 1987 SIF was established to provide PII cover by way of a mutual fund.3 By the 1990s SIF was unpopular with the profession, particularly those in large firms who thought they could get minimum terms and conditions (MTC)4 cover, cheaper on the open market and this has been proved correct.

It is only very recently that the total amount paid by the whole profession for MTC has reached the pre-SIF closure levels of more than 20 years ago.

It has largely been forgotten that smaller firms also disliked SIF. The way in which premiums were calculated did not reward firms with a good claims history and as a consequence smaller firms also benefitted financially from a move to the open market.

The then Law Society Council voted to retain SIF but this was reversed following a ballot of the profession.

SIF was closed to new entrants from September 2000.

Firms that closed on or before 31 August 2000 were promised complete cover and that promise is being honoured by the SRA. All other firms were to resolve all their PII requirements on the open market.

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Claims have been brought to SIF relating to negligence which did not come to light until more than 6 years after a firm had closed. The high-risk areas for these types of claims are, conveyancing, wills and probate, infants’ personal injury claims and matrimonial property.

The last 20 plus years have seen a number of developments that could not have been predicted when the profession moved to the open market.

In 2000, no-one anticipated that the right to make any decisions on PII would have been transferred from a professional body, the Law Society, (which applied professional values) to a regulatory body the SRA. Although the regulatory objectives set out in the Legal Services Act5 seem consistent with professional values, they are open to being interpreted rather differently by regulators.

In 2000, many firms that closed had a successor practice- now very few firms have successor practices as such even if it appears externally that firms have been taken over. A firm which appears to have been taken over may in fact have been put into run-off. Although the buildings, files, the staff, and the name may have been transferred, the insurance liability may well not have been transferred.

If anyone had given consideration in 2000 to what should have happened, it may have been thought that there would be a market solution, but there is not and markets and solicitors’ regulation has have changed in many ways. Despite discussions with brokers and insurers

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going back as far as 2012, and despite the occasional glimmers of hope, it is now clear that there is no appetite for insuring this risk on the open market.

The SRA Consultation: Responses to the SRA consultation are due by the 12th of February 2022. This should allow sufficient time for everyone to respond.

The SRA is consulting on the following: • Closure of SIF and the funds remaining when closure costs have been met, returned to the Law Society, if the SRA do not allocate to some other purpose • insurance through the open market – amending insurance rules to require participating insurers to provide PSYROC on top of the six-year run off cover that is currently provided for.

• Although this would not assist firms already closed, the rump fund could provide for those and going forward extended run off is the easiest solution. and if payment enforced, it is the most viable • Insurers are wary given that at the current time a significant number of firms do not pay run-off but under the MTC, insurers cannot void the policy.

There has been criticism of the SRA of its failure to enforce against those who do not pay their run-off premium.

As a consequence, there is no support whatsoever from the insurance industry for extending MTC to cover PSYROC .

• establishing a partner insurer to provide on-going PSYROC cover through a Master Policy • consideration of alternative models of operating an indemnity fund for ongoing PSYROC on a more costeffective model than SIF – working through a larger organisation who have the relevant staff expertise to undertake claim assessment, claim handling and legal work in house, and which would reduce the handling cost of each claim • regulatory arrangements for more targeted on-going PSYROC cover, limiting eligibility as compared to the existing SIF arrangements.

Under this option PSYROC provision could be open only to claims from particular practice areas or for firms of a particular size, where there is the highest density of claims However, this does not appear viable as historically high-risk work may have been undertaken.

The SRA has made it very clear that its preference is that the fund should close.

It should also be remembered that under the SRA’s Indemnity Insurance Rules, rule 3.2 prevents firms from contracting or attempting to contract with its clients to exclude liability below the minimum level of cover. This could be revisited by the SRA to ensure that the need for PSYROC declines in future years, but this would not assist firms that have already closed.

However, the SRA recently indicated that there may be no regulatory obligation on firms to provide P6YRO as it is not an SRA requirement. This was not clear previously, but clarification is now being sought.

Anna Bradley, the chair of the SRA stated that one of the main reasons for the SRA wishing to close SIF was that very few claimants benefit (around 31 annually although the number who claim is double this), and that the average value of claims paid out, including defence costs, is £34,600 and that has to be balanced against requirement for the ongoing funding from the profession, estimated to be up to £2.4m a year, ‘which is likely to be passed on to consumers’.6 She concludes that, ‘it is unlikely to be proportionate in light of the level of consumer protection it provides’.

However, the consultation also contains the report prepared by Willis Towers Watson, ‘PSYROC – Analysis of options’.7 This reveals that if SIF were to continue, it would require a levy of either £16 per individual solicitor or £240 per firm, it is hard to see how this very low cost would result in a cost to be paid by the consumers. The analysis does not predict a substantial increase in claims.

The Law Society Position The Law Society Council voted unanimously to support the retention of SIF in October of this year. It would favour a review of the current claims handling system to see if cost savings could be introduced.

The Law Society believes that although the value of claims are relatively low, it should be remembered that this is an average but, even at that level, it is a significant sum

for consumers and for many solicitors in retirement.

Clients who contracted with solicitors on the basis that they would be fully insured in line with MTC could face a lottery: there may only be a means of satisfying their claims if the firm remains in business or if the surviving partners or the person who was negligent can be located and is solvent.

The Law Society is seeking to raise awareness in the profession of the situation and encouraging individual members, firms, local law societies and special interest groups to respond and it has produced a fact sheet and web page to assist those who wish to respond.8 The Society and the President are meeting with interested groups including consumer groups and insurers and the brokers.

Next steps: Technically SRA have not decided to close SIF, but it has not committed to a fourth extension beyond September 2022. As all indications are the SRA will not extend further, not approving a further extension is not a rule change as such, it does not appear to require the approval of the Legal Services Board (LSB). However, given the high-profile nature of the decision, it is likely the LSB will be consulted.

If SIF closes to new claims next year, firms that closed prior to 1 September 2000 will still be covered, as will any claims made between 31 August 2000 and 30 September 2022.

If SIF does close, it will surely cause those thinking of starting up a new firm to pause and as such could be a barrier to entry, which should be a significant concern for a regulator.

I would urge everyone to consider putting in a response to the consultation. The SRA have indicated that they have no sympathy for any argument relating to the hardship individual solicitors may suffer as a result of SIF closing, with its director of regulatory policy, Chris Handford stating that, it is not the job of the SRA to help retired solicitors “sleep easy” by protecting them from historic negligence claims. However, the impact on consumers and the potential barrier to entry into the market must be of concern to a regulator and should be the focus of any response.

My personal work history means I am unlikely to be impacted by the closure of

SIF but I would be willing to make a modest payment each year to ensure full coverage continues and the reputation of the profession is maintained, would you?

Linda Lee Council Member December 2021 Linda Lee has been Council Member for Leicestershire, Northamptonshire and Rutland since 2003. She is a past President of the Law Society of England and Wales and is the current Chair of the Professional Indemnity Insurance Committee and a member of the Policy and Regulatory Affairs Committee, the Regulatory Processes Committee and Access to Justice Committee. She is current Chair of the Solicitors Assistance Scheme. Linda is an experienced litigation solicitor and is a Consultant at RadcliffesleBrasseur where she specialises in solicitors’ disciplinary, compliance and regulatory work. She can be contacted by email at: lindakhlee@aol.com SRA Options for post six-year runoff insurance cover and the Solicitors Indemnity Fund set out in consultation Solicitors Regulation Authority

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https://www.legislation.gov.uk/ ukpga/1980/58/contents

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A mutual is a privately-held insurance company that is 100% owned by its policyholders. It is established with the sole purpose of providing its members with insurance coverage.

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The minimum insurance a firm must have in place as prescribed by the SRA Annex 1 SRA Indemnity Insurance Rules SRA Indemnity Insurance Rules | Solicitors Regulation Authority 4

Legal Services Act 2007 section 1 Legal Services Act 2007 (legislation.gov.uk)

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SRA Options for post six-year runoff insurance cover and the Solicitors Indemnity Fund set out in consultation Solicitors Regulation Authority

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PSYROC Analysis John Charles (sra.org.uk)

https://www.lawsociety.org.uk/Topics/ Professional-indemnity-insurance/Whatschanging/Solicitors-Indemnity-Fundconsultation

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The SRA has suggested that the Law Society could take over what remains of the fund and offer some sort of assistance. This is problematic for a number of reasons. The Law Society cannot levy the profession to enable the fund to continue. Furthermore, as the Legal Services Act stands, without amendment, the Society cannot run an indemnity arrangement of any kind.

Northamptonshire Law Society

Professional Indemnity Risk Alert: Email-Based Cyber Crimes In February 2021 we sent out a Risk Alert in relation to a recent rise in cyber crime targeted at law firms, specifically account takeover, identity fraud, and scams.

Since our Risk Alert and Newsletter, law firms have continued to be the target of cyber criminals, with a growing number of recent attacks specifically focussing on email communications between law firms and their clients. Given the increased frequency and focus of these incidents, we are now issuing this second alert to encourage vigilance and help prevent further attacks.

Recent examples include: • A law firm client’s email was hacked and the firm was induced to pay monies to a fraudulent bank account.

• A firm’s emails were hacked and messages were intercepted. Fraudulent bank details were sent to the client, inducing them to make a fund transfer of over £100,000.

• A fee earner’s email was hacked, and over 1,000 emails were sent from their email address, either requesting payment to a fraudster’s account, or attempting to initiate conversations with clients.

• Domain names were set up, closely matching a fee earners’ email addresses. Emails were sent to clients requesting funds to be transferred to a fraudster’s account. In one incident, over £500,000 was transferred.

original client details on file, to ensure that the requesting email has not been intercepted or modified. As a matter of practicality, firms need to consider the threshold amount of a transfer that they consider significant.

Update retainer letters/email footers: We advise that when communicating with clients, firms should highlight that any requests for payment should always be verified by the client using the telephone details contained in the original retainer letter before ANY payment is made.

Readiness: Consider and record the firms’ readiness to deal with these risks, and what plans and procedures are in place to minimise or recover from a cyber attack. When were these plans and procedures last reviewed/updated?

Check your insurance: Review your cover with your broker, particularly in relation to cover for theft and cyber incidents.

be reported to the Solicitors Regulation Authority.

Report to Action Fraud: 24/7 live cyber reporting for business 0300 123 2040.

Report to insurers: Contact your cyber and professional indemnity insurers as soon as possible. Some cyber insurers have strict notification requirements and cover can be prejudiced if these are not followed. It is important that you contact their helplines as soon as you are aware of an incident or potential incident. Their helplines are often available 24 hours a day.

For More information or resources; Please contact; Nam Qureshi, Vice President, FINPRO, Marsh Specialty, 3rd Floor 45 Church Street, Birmingham, B3 2RT t: +44 (0)121 626 7909 m: +44 (0)7825 100 997

Consider signing up to the National Cyber Security Service (NCSC): The NCSC is urging as many law firms as possible to sign up for its free early warning scheme, which warns of potential cyber attacks on your network.

Connect with me on LinkedIn (Nam Qureshi) Follow Marsh on: Twitter: MarshGlobal LinkedIn: Marsh Facebook: @MarshGlobal YouTube: TheMarshChannel

Immediate actions In the event of an attack Raise awareness: Share this note with all employees in your firm so that everyone is aware of the ongoing risks.

Update policies: Whenever an email relating to the transfer of significant funds is sent to/received from a client, we advise the firm to contact the client by telephone or video call, using the

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Know your obligations: Certain cyber crime incidents involving personal data need to be reported to the Information Commissioner’s Office within 72 hours.

Any cyber crime that has accessed people’s emails, led to a loss of client money, or is successful (even if any financial losses have been repaid) must

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Introducing the Vice President

Could you firstly write a few paragraphs about your personal life and family, and a brief synopsis of your professional life.

I was born and raised in Lusaka, Zambia where my whole family still lives. I left Zambia in 2003 to do A-Levels at Tresham College in Kettering. I graduated with a 2:1 Law Degree at De Montfort University in 2008 and did my post graduate Diploma or LPC at Nottingham Trent University in 2009. Throughout my studies I was working part time at Booker Cash and Carry in Kettering because I had to pay my own rent and have money for other essentials. Like many others, I also had to commute to classes and leave early most times just so I could catch the train back to Kettering and get to work on time. I believe those years shaped me into the person that I am today and taught me never to take anything for granted and the value in having the right mentality in every job no matter what it is will is important. I have carried that same work ethic throughout my journey here and I still possess that today.

I have been married to my lovely wife, Tamsin, since 2009 and I became a British Citizen in 2014. I have worked in finance, Personal Injury, Clinical Negligence and also Residential Property in my various stints first at a finance company in Birmingham, at what is now known as Shakespeare Martineau in Leicester and I ended up doing my Training Contract at a High Street Firm in Northampton called DW Solicitors. I was then added to the Roll on 1st April 2016 which is probably my proudest moment. I continued

I wish I had the brains to become an engineer or history scholar because I loved history in High School. Becoming a lawyer was always the dream though.

Best day as a lawyer The day I joined the roll and became a Solicitor. I’ve had many other great experiences since.

Worst day as a lawyer The day I received a complaint letter from a client stating that the Legal Ombudsman would be involved.

Favourite book Dan Brown’s The Lost Symbol

Favourite film/TV series Friends

Desert Island Discs... What would be your luxury item?

A device with unlimited battery that I can listen to my sportify playlist on

If you could have any super power, what would it be and why?

The power to end world hunger.

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working at DW Solicitors until 2018 when I joined Shoosmiths where I am an Associate Solicitor in their Conveyancing Department at the Lakes here in Northampton. The job is very demanding and quite challenging at times but also very rewarding in that I get a lot of satisfaction helping people sell their homes and settle into their new ones.

I have been a Northamptonshire Law Society Council member for a couple of years now and I had the pleasure of being voted Vice President effective from July which is a big deal for me for so many reasons. I am the first black VP in the society’s history and I will become the first black President when the honourable Mr Jabeer Miah vacates the seat in a couple of years’ time. The President and I have a vision of which direction the society should take and I will be helping him along his journey as President together with all the other Council members. We have challenging times ahead as a society but we will face those challenges head on in our quest to making it a more diverse, inclusive and better society for all people working in this legal profession we all depend on.

If you had your time again, would you still become a lawyer?

If not, why not? What would the alternative career choice have been?

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Registration Of Overseas Entities on real estate The publication of the ‘Pandora Papers’ has led to an increased focus on the transparency of the ownership of land in the UK and calls for the ‘Registration of Overseas Entities Bill’ to be brought before Parliament without further delay.

Synopsis While they are required to be identified by those acting for them, there is currently no requirement for beneficial owners of UK land to be publicly registered. The draft Registration of Overseas Entities Bill would introduce a new public register of beneficial owners of non-UK entities owning UK land, similar to the PSC regime that applies to UK companies.

What is the background to the Registration of Overseas Entities Bill?

The proposal for a Register of Overseas Owners of land in the UK was first announced following the London Anti-Corruption Summit in May 2016.

It sought to build on the ‘Persons with Significant Control’ (PSC) Register that was introduced for UK companies in April 2016. But progress on a register has been slow.

What are the current registration requirements for land?

Since 1862 the Land Registry has maintained a register of the legal owners of property in England and Wales and since 1990 it has been compulsory to register land on sale (and other ‘trigger’ events). However, this Register is intended as an aid to transactions and therefore seeks only to identify legal owners, able to deliver title to the land, not the beneficial owners who are of increasing interest to governments, tax authorities and the press.

In addition, 14% of the land in England and Wales remains unregistered.

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What current requirements are there to identify publicly beneficial owners of land in the UK? Currently there is no public register of beneficial owners of land in the UK. What does the Registration of Overseas Entities Bill propose?

The Bill establishes a framework for the Registrar of Companies to establish a Register of Overseas Entities.

All Overseas Entities that own, or wish to purchase, land in the UK will be required to be registered before they are able to register their title or to dispose of the land. This will place a practical bar to dealing with UK land on any company not having complied (at least nominally) with the registration requirements.

For existing owners, there will be a transitional period of 18 months from the date the law comes into force for the Overseas Entity to register as such (or dispose of the land). Failure to register within the 18-month window will be an offence committed by the overseas entity and every officer of that entity who is in default. The maximum penalty for the offence is imprisonment of up to two years plus a fine.

There will be a new requirement for the Land Registry to enter a Restriction on the title of land owned by an Overseas Entity, so that dispositions of the land at a time when the overseas entity is not registered cannot be completed by registration at the Land Registry.

After being registered, an Entity will be allocated an Overseas Entity ID by the Registrar of Companies.

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Within 14 days of each anniversary of the Overseas Entity’s registration, the Entity must deliver to the Registrar a statement updating or confirming the details required to be registered (for which, see below). If the Overseas Entity delivers this statement on an earlier date than required, then its next statement will be required within 14 days of the anniversary of that earlier date.

Once again, failure to comply with this duty is an offence committed by the entity and every officer of the entity who is in default, although the penalties for this offence will not extend to imprisonment.

Who must be registered?

Five categories of person must be registered as beneficial owners, which closely mirror the PSC requirements for UK companies. These are: • A person who holds, directly or indirectly, more than 25% of the shares in the overseas entity.

• A person who holds, directly or indirectly, more than 25% of the voting rights in the overseas entity.

• A person who holds the right, directly or indirectly, to appoint or remove a majority of the board of directors of the overseas entity.

• A person who has the right to exercise, or actually exercises, significant influence or control over the overseas entity.

• Where the trustees of a trust, or the members of a partnership, unincorporated association or other entity, that is not a legal person under the law by which it is governed meet any of the conditions specified above (in their capacity as such), a person who has the right to exercise,

What must be disclosed?

The information which must be provided about beneficial owners will include their name, date of birth and nationality, usual residential address, service address and the date on which the individual became a registrable beneficial owner (although the date of birth and residential address will not be made publicly available).

If an Overseas Entity has no reasonable cause to believe that it has any registrable beneficial owners, then information about each managing officer of the entity must be provided instead.

Where does this leave us?

Given the obstacles to land transactions and significant criminal penalties which the regime will impose, the new Register is likely to provide significant insight into the foreign ownership of UK land and will no doubt be a useful tool in countering money laundering and other criminal activities.

on committing crime would find ways around the system. For example, conceal [sic] their identity by enlisting the services of a proxy, listing corporate entities as PSCs or simply claiming that the business has no PSCs.“

Overseas Entity and every officer of that entity who is in default with a maximum penalty of imprisonment of up to five years plus a fine.

Additional criminal sanctions are provided for delivering or causing to be delivered to the Registrar any document that is misleading, false or deceptive in a material detail and for failure by an Overseas Entity to comply with a notice issued by the Secretary of State that it must register.

What should be done now?

In addition a number of respondents to the review did not feel that the PSC register was a reliable source of information.

With over 4 million companies registered in England and Wales, the Registrar can perhaps be forgiven for being somewhat overwhelmed by the task of ensuring compliance, but with the Land Registry recording a mere 95,000 properties owned by overseas companies, there is perhaps scope for a more activist enforcement.

For now, there are no steps which officers or owners of Overseas Entities holding UK land can take to register as such, as the law is not yet in force.

However, you may consider applying now the five tests set out above, in relation to any Overseas Entities holding UK land to which you or your client is connected in order to determine in advance which details you will need to gather, in order to register the Overseas Entity after the obligation to do so takes effect.

What happens if I don’t register?

However, as with any register, it will only be as useful as the information recorded on it. In its review of the impact of the PSC Register for Companies, the Department for Business, Energy & Industrial Strategy noted that:

The practical consequences of failing to register will be that the Overseas Entity will be unable to acquire legal title to land in the UK. Where it is already registered as legal title holder, it will be unable legally to sell, lease or charge the land, since any buyer, tenant or mortgagee would be unable to register the disposition.

“Most Law Enforcement Organisations did not think that the PSC register has had any impact on crime prevention. It was felt that individuals’ intent

These practical consequences are eclipsed however by the severity of the criminal sanctions. In addition to those offences mentioned above, it will be an offence for an Overseas Entity to dispose of land in breach of its requirement to be registered or of a restriction on the title.

This offence will be committed by the

Article by Euan Temple

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Northamptonshire Law Society

or actually exercises, significant influence or control over the activities of that trust or entity.

Northamptonshire Law Society

Headway East Northants and Shoosmiths deliver Christmas hampers to brain injury survivors Adults living with an acquired brain injury in East Northamptonshire are receiving a personalised hamper from Headway East Northants this Christmas.

The brain injury charity is sending out the gifts following the support of law firm Shoosmiths, with 40 people that use Headway East Northants’ services landing a hamper full of festive treats.

Headway East Northants operates an activity centre facility in Irthlingborough. The charity was established in 1999 as an affiliation of Headway UK, the brain injury association. It provides a range of services for people aged 18 and over that have an acquired brain injury in East Northamptonshire, including counselling, education and respite care, with support also provided to their families.

L-R: Janine Willis, Claire Phillips and Terry O’Keefe (all appearing from Headway East Northants)

Claire Phillips, centre manager at Headway East Northants, said: “We were delighted to receive Shoosmiths’ offer of support which is enabling us to gift a personalised Christmas hamper to our clients and their families.

“As we all know, it has been another challenging year and due to Covid-19 we were unable to take everyone out for Christmas lunch. However, with Shoosmiths’ funding, we can continue to spread some joy during the festive period.”

Shoosmiths was founded in Northampton in 1845. The firm now operates 13 offices across the UK. Sharine Burgess, partner and joint head of Shoosmiths’ Northampton office, commented: “Headway East Northants provides critical services to those living with an acquired brain injury as well as their families.

Alongside Headway UK, the charity is helping people to move forward after suffering a brain injury, enabling many to improve their quality of life and gain new independence.

“We’re proud to be partnering with Headway East Northants - making sure that those who use its services receive a festive hamper this Christmas.”

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Northamptonshire Law Society

Landmark Academy: How Can Law Firms Reduce Their Carbon Footprint?

4. Irreversible tipping points are getting closer These increases in temperature have, in some instances, made traversable changes such as sea level, which will continue to rise and will not be recoverable for hundreds, even thousands of years’ time.

The surge of forest fires have caused concerns that tipping points are getting closer. The changing climate in parts of the world are causing severe droughts and the loss of forests will result in higher temperatures and a lower humidity, which, in turn, worsens wildfire conditions.

Climate Change is the long-term shift in average global weather patterns, and the sixth Assessment Report by the Intergovernmental Panel of Climate Change (IPCC) has found it is certainly a result of human activity.

In this article, we summarise the key findings from the IPCC’s Assessment Report and consider how law firms can play their part in reducing their carbon footprint.

1.We are set to pass 1.5C warming by 2040 The average global temperature has risen by more than 1°C since the 1850s, with the hottest years recorded in 2015, 2016, 2017, 2018, 2019 and 2020. The 1.5°C is the target limit set out in the Paris Agreement in 2015, which aims to strengthen the global response to the threat of climate change by limiting global temperature rise to 2°C above pre-industrial levels, while pursuing efforts to curb it further to an increase of 1.5°C. If we don’t act now on achieving net zero by 2050, it looks as though this target is not achievable.

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2. Human activity is driving extreme weather There have been significant improvements in the data used to model climate change since the 5th Assessment Report (AR5) was published. As a result, the new climate model simulations, new analyses and methods have led to a greater understanding of human influence on the climate.

3. Climate change is affecting all regions The IPCC report states that “Climate change is already affecting every inhabited region across the globe with human influence contributing to many observed changes in weather and climate extremes.”

Models have become more advanced and it is now possible to assess how regions will differ with increase in temperature.

It is clear that the Arctic temperatures are increasing faster (potentially 2 times faster than the level of global warming) than other regions, while for some midlatitude and semi-arid regions, and the South American Monsoon region, they are expected to see the highest increase in temperatures of the hottest days, at about 1.5 to 2 times the rate of global warming.

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Furthermore, as the intensity and scale of forest fires increases, CO₂ which would normally be reabsorbed during forest regrowth are now not able to so. It’s an unfortunate cycle which leads to increased warming.

What is required to prevent further warming?

World leaders met for the UN Climate Change Conference (COP26), which was a pivotal moment for nations to reflect on what we have done so far in reducing our greenhouse gases and what is required to meet the pledge to limit global average temperatures and achieve net-zero by 2050.

What can law firms do to help?

1. Measure and analyse Greenhouse Gas emissions In order to know how to improve in reducing emissions, you will first need to measure what emissions you are emitting. This can be done by using private companies that can help and also provide solutions to reduce your impact as a company.

2. Reduce your energy consumption Simple things such as turning off the lights in the office in the evening or taking devices off plugs when not in use will make

a difference. Also, reduce the heating or use of air conditioning, encouraging colleagues to dress accordingly. If its hot outside, try to lower the indoor airconditioned temperature by 2°C.

4. Reduce waste Reduce the amount of waste produced; law firms typically print on paper and often these records are required to be shredded and disposed of by specialist contractors.

This could potentially be reduced by storing information digitally.

For more information visit https://www. landmark.co.uk/legal-conveyancing/esgmanagement/

5. Increase employees use of greener transport during the commute The lockdown has seen that we can work from home and as such is the usual commute still required? And if so, can we do this by using public transport?

By Allie Parsons, Customer Success Consultant, Landmark Information Group

6. Support clients with ESG assessment and management ESG is relevant to clients who want to be

References: https://www.ipcc.ch/report/sixthassessment-report-working-group-i/

https://youmatter.world/en/actionscompanies-climate-change-environmentsustainability/ https://insideclimatenews.org/ news/08012020/australia-wildfires-foresttipping-points-climate-change-impactwildlife-survival/ https://www.theguardian.com/australianews/2020/apr/21/summers-bushfiresreleased-more-carbon-dioxide-thanaustralia-does-in-a-year https://www.theguardian.com/ environment/2020/jul/15/climate-changemade-siberian-heatwave-600-times-morelikely-study https://www.theguardian.com/world/2021/ aug/20/rain-falls-peak-greenland-ice-capfirst-time-on-record-climate-crisis https://www.bbc.co.uk/news/scienceenvironment-58130705 https://www.metoffice.gov.uk/weather/ climate-change/effects-of-climatechange https://www.gov.uk/government/ speeches/the-need-for-action-on-climatechange-is-urgent https://www.worldweatherattribution. org/siberian-heatwave-of-2020-almostimpossible-without-climate-change/

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Northamptonshire Law Society

3. Use renewable energy There are many renewable energy companies out there, or green tariffs you can opt for – do your utilities homework.

a step ahead in devising their own ESG programme to demonstrate responsible business conduct. Law firms are well placed to assist with ESG due diligence processes and offer legal counsel on ESG advancement. We recommend working with data providers that adhere to SASB standards for effective and accurate ESG assessment and risk management.

A very different bar conference Northamptonshire Law Society

An appreciation of the Bar Conference 2021 held between 17th to 20th November 2021 by Phillip Taylor MBE, reviews editor of The Barrister, and Elizabeth Robson Taylor of Richmond Green Chambers We certainly do live in different times -- and this Bar Conference of 2021 was, historically, the first annual Bar Conference conducted online, as well as in person. This, of course, will come as no surprise to the Bar. It was as good an indication as ever, that the Bar (after hundreds of years) remains as resilient as ever, even in the face of the Covid menace which persists in every aspect of life.

Saturday, 20th November 2021 found one hundred or so people at the Connaught Rooms in Central London for this special Conference with a difference.

As a hybrid affair, it proceeded partly online and partly in person. In spirit it reflected in a sense, what many of us have been doing as barristers and mediators for the past eighteen months -being resilient and being resourceful.

The Weekday Sessions Online These go back a couple of days to Wednesday 17th November when Derek Sweeting QC opened the online part of the Conference. Lord Burnett of Maldon, the Lord Chief Justice of England and Wales began with his vision of justice in 2022, offering us an overview of his priorities for next year. He was followed by a return performance from Baroness Hale who had addressed us prepandemic and came back to us for more, with an exploration of the state of the Rule of Law. Lady Hale was joined by another stalwart of our events, Baroness Helena Kennedy of the Shaws QC, Professor Philippe Sands QC of Matrix Chambers and Sophie in‘t Veld MEP from the European Parliament. We were also very lucky throughout to have excellent sponsorship from LexisNexis, Vector Professions Finance, Mitigo Cybersecurity, and Currencies Direct, plus our exhibitors: Advanced; Charles Cameron & Associates; ICLR; Advocate/FRU -- and Complete. The exhibitor stands were well patronised on the Saturday, and it was great to see so many familiar faces, as well as new ones after the enforced absence of almost two years.

Overall, the main theme of this memorable hybrid gathering was “Recovery, Growth and Transformation”.

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On the Saturday, the Chair of the Bar, Derek Sweeting QC elaborated on “what the future of justice looks like in a world changed by the pandemic”. A rapt audience was then encouraged to consider “the transformations that are needed or expected to take place throughout the justice system and within the profession”. Interestingly, Derek’s opening speech on the Saturday began with a reflection on his role as a tank commander in Germany, which explained why he settled on a career in law after the fall of the Berlin Wall.

“Respect for the Rule of Law has stalled” Derek’s noteworthy narrative was followed by his rather sombre statement that “respect for the Rule of Law has stalled” whilst we, as lawyers who toil in the front line, continue our struggle to protect the law as a precious asset while being fully aware of the challenge of upholding it. This point popped up persistently throughout these hybrid sessions which, by the way, worked almost seamlessly -- better in fact, than some of us had thought possible.

For those attending in person and those watching online, the main topics included the role of technology; access to the Bar; working practices; and barristers’ individual and collective business development and management. The outcome of our deliberations was the opportunity to chat about the way ahead and the need to identify how the Bar and Young Bar, as well as the wider legal sector, would be able to “flourish at a time of change of opportunity”.

“We are all in the same storm… but not in the same boat” We were also fortunate to hear from Joanne Kane, chair of the Young Barristers’ Committee. Few of us listening to her lively talk will probably never forget our early years of practice and the problems many of us faced at the beginning of our professional lives. “We are all in the same storm, but not in the same boat,” she said, continuing her theme that many junior practitioners continue to face pre-existing challenges, including inadequate remuneration (of which, more later), and inequality

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of opportunity, as well as obstacles to individual wellbeing, as “we are all in this together” as someone once said within recent memory.

Designed specifically for the Young Bar, there had been practical sessions during the week to provide guidance on how to be an effective junior and a persuasive advocate, in what is such a different world for many of us. It was Joanne who added that “there is work to be done by all in the profession to improve diversity, address working conditions, and to safeguard the future of the profession”.

On behalf of the young Bar, Joanne provided us with a valuable contribution on issues facing all practitioners, young and just a bit older.

Promptly afterwards, who should turn up but the Lord Chancellor, Dominic Raab MP in the form of a video clip. His dissertation, intending to be reassuring, was frankly, a statement of the obvious for most of us. What would have been more effective (and more courageous) might have been a “Q &A” session when the issues he didn’t want to discuss could have been raised. We intend to raise them anyway, as we now await the delayed report on the future of criminal legal aid levels from the Bellamy Report which should be with us by the time you read this article. As usual, legal aid was one of the elephants in the room throughout Saturday and will continue to be so, together with the court estate and all that is that is wrong with HMCTS. The two further sessions that followed included “the picture of justice for the next five years”- and yes, you guessed it: IT and all things online, starring the Master of the Rolls, Sir Geoffrey Vos, who put up a spirited defence of his anticipatory vision of an online future.

Joining Geoffrey were Penelope Gibbs from Transform Justice, HHJ Sally Cahill QC, President of the Council of Her Majesty’s Circuit Judges, and genial Clive Coleman, the ex-BBC man in the “Joshua Rosenberg slot”. This important session focused on modernising the system to improve the changing needs of the court user. The panelists were impressive, always returning to the “political” problem of legal aid which always neuters what the judiciary would

like to say. This, however, didn’t stop the other contributors -- and it would have been better to have had a longer time for questions in these sessions. However, we overran a bit, straying into what we know as “barristers time” as we do like to talk, do we not.

This session pre-lunch was chaired

by David Lammy MP, a rather subdued Shadow Justice Secretary.

Uncharacteristically quiet he was, although the more voluble panelists were first class: Barbara Mills QC, HHJ Emma Nott from Reading Crown Court (with splendid slides) Chinwe OdimbaChapman from Clifford Chance, and Grace Ononiwu from the CPS. This was an important session for everyone because of the issues thrown up by the massive problems relating to fair and equitable distribution of work. Diversity, together with legal aid, will doubtless continue to be among the most difficult and pressing subjects for the Bar, along with all the other issues which determine who is -- and who isn’t -- destined to succeed at the Bar. It was not too depressing a session, but the issues it raised will remain collectively a “work in

Following lunch and further visits to the exhibitors, the afternoon sessions were dominated by two fascinating panel discussions on the subjects of Twitter and legal journalism. The Conference would not be complete of course, without a visit from famous/notorious mystery man, ‘The Secret Barrister’, although Crime Girl was not present. Joanne Kane reprised her earlier role as the SB’s spokesperson and did an excellent job, ably chaired by PR man Keith Hardie, and Tweeter extraordinaire, Sean Jones QC of 11 KBW. Where Sean gets the time to tweet was beyond many of us, but his advice was sanguine.

The panel, including the elusive SB, shared their world-weary views on the global phenomenon of Twitter: the do’s and don’ts of using this social media outlet (LinkedIn clearly was not a runner for social media barristers, which was a bit surprising). The point of this session was whether social media has a role to play in increasing public awareness of the justice system “and building a professional brand”. Well -- yes, it does for many of us, but perhaps not quite yet for all of us.

“Making Headlines” and the need for skeletons As we delegates were aware, the ladies and gentlemen of the press were much in evidence, presumably slaving away on their computers, following our every move as hybrids These distinguished legal reptiles (sorry!) included the ever-excellent Jonathan Ames (“The Brief” from “The Times” as legal editor); Lizzie Dearden from “The Independent”; the courageous Tristan Kirk (Evening Standard) and Jess Glass from the High Court. And what a great session it was. But just remember the golden rule that there is no such thing as “off the record”. If you say something to a journalist, he/she will use it. Also, journalists need to be told about important cases, so make sure you send them your “skeletons” if you want coverage!

See You in 2022 This was indeed a very different Conference this year, one which, fortunately didn’t bore the striped pants off anyone, even Jonathan Ames. So, I will close with a resoundingly loud thank-you to everyone who attended, hybrid or not. It was so nice to be back together again after an enforced two-year absence.

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Diversity

progress” matter for all practitioners.

The proportion of solicitors and Will-writers mentioning the option of legacy giving with clients has risen to an all-time high, according to new research commissioned by Remember A Charity.

The tracking study, carried out by Future Thinking, monitors solicitors’ and professional Will-writers’ approach towards legacy giving and attitudes towards working with charities. The study reveals that 68% of solicitors and Will-writers always or sometimes proactively raise the subject of legacy giving with clients, up from 58% in 2012.

Almost one quarter (24%) occasionally raise the topic, while only 7% say they never do, down from more than twice that (16%) in 2012.

On average, advisers report that 20% of the Wills they deal with annually contain a charitable bequest, having risen steadily from 16% in 2012. 85% of the legal firms in the study had assisted in administering estates that included a legacy.

Rob Cope, Director of Remember A Charity, says: “Over the years, we’ve seen a marked change in the way that advisers

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are approaching gifts in Wills with clients. Legacy giving is becoming more common across the client base, and there’s much less reticence when it comes to raising the topic of charitable giving.

“Increasingly, advisers now see discussions about gifts in Wills as part and parcel of offering a comprehensive service to clients. In most cases, clients will want to look after friends and family first – and that’s something we’d encourage.

“But a simple question asking all Willwriting clients if they’d like to consider leaving a donation too can make a huge difference to the number of people that choose to give in this way, which is why working with advisers is such a key part of our strategy.”

For the first time, the tracking study also explored the reasons for and barriers against opening up legacy giving conversations with clients.

Advisors that always open up legacy giving conversations with clients said they typically do so because it is part of their standard Will-writing process or because they want to alert clients to the tax breaks linked to writing a gift into their Will.

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Any legacy gift to charity is currently exempt from Inheritance Tax (charged at 40%), and a lower rate of tax (36%) is applicable on estates where 10% or more is donated. The most common barrier for not always mentioning legacy giving is that clients have already made clear their intentions, such as wanting their family and friends to be sole beneficiaries.

Rob adds: “Clearly, there’s much further to go before legacy giving becomes a social norm and every adviser feels comfortable and confident about raising the conversation with clients.

We’ll be working more closely with the legal sector in the coming months to encourage greater consistency in the way that advisers approach gifts in Wills with clients and to provide resources that help them do so.”

Remember A Charity is now working with the legal sector to develop a new suite of materials that will help to bring greater consistency and demonstrate best practice for the way that advisors can reference charitable giving with clients.

Media queries: Contact Lucinda Frostick, Turner PR; lucinda@turnerpr.co.uk 07712 045 308

Northamptonshire Police and Crime Commissioner Northamptonshire Law Society

Northamptonshire police and crime commissioner Adam Simmonds has completed just over six months in office.

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Northamptonshire Law Society

Northamptonshire Police and Crime Commissioner Northamptonshire police and crime commissioner Adam Simmonds has completed just over six months in office.

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Northamptonshire Police and Crime Commissioner Northamptonshire police and crime commissioner Adam Simmonds has completed just over six months in office.

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Northamptonshire Law Society

Climate change and the legal profession In the run-up to the United Nations COP26 summit in Glasgow in November 2021, the Law Society published a climate change resolution, its first foray into the field.

Without having undertaken a poll, solicitors seems to be divided into two groups: those who say ‘Hurray, at last’, and others who go ‘This has nothing to do with the legal profession’.

From my own experience, the large firms tend to be within the ‘Hurray, at last’ camp. They are already deep into the consequences of climate change. That is not surprising when considering that it is estimated that the City of London’s financial markets, if they collectively formed a country, would be among the world’s top ten carbon emitters through financing carbon emissions.

Obviously, those who act for clients in the energy sector will already be advising on green issues. But beyond that, regulators and supervisors in the financial sector require regulated companies and their advisers to start identifying, managing and disclosing climate-related financial risks. In-house lawyers in the sector must advise on a wide range of reporting guidelines. Pension fund trustees are expected to identify and manage climate risks in their investment portfolios and inform stakeholders accordingly.

But the biggest challenge faced by the large firms is the accusation that they are professional enablers of climate change through the perfectly lawful work that they undertake for carbon emitters. Some now face climate activists demonstrating on their doorstep, or are named and shamed in lists of which law firms are performing worst in relation to the climate. And their junior lawyers may refuse to act for clients which damage the climate.

Many lawyers would like their professional organisation to provide help and solutions with the ethical issues raised, which can be summarised

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in this way: how does a solicitor balance a duty to the public interest with the duty to the client?

On the one hand, there is the public interest (not to damage the climate); on the other hand, there are traditional principles such as the right of a lawyer not to be identified with the client’s interest, the right to undertake perfectly lawful work for a client without harassment or intimidation, and the right of everyone to have representation. Will there one day be a duty on a solicitor to report on the damage to the climate that the client is proposing, rather like duties in some jurisdictions to report on a client if there is imminent danger of death or physical damage, or the current duty to disclose a tax avoidance scheme?

In this light, the role of a professional body becomes clearer, to formulate views and guidance for the profession, which will help lawyers to be ready for requirements which might eventually be imposed by others.

But it is a mistake to think that climate change issues are for the big firms alone.

Already now, a law firm’s climate change policies are a part of its attractiveness to future clients, and will soon doubtless become a necessity for being on panels of lawyers. The profession needs assistance in drawing up meaningful policies, since legal services are part of a supply chain.

At present, the profession has a low carbon footprint in respect of its own activities, but there are some who propose that service suppliers like lawyers should have to report on their indirect contribution to climate damage by the work that they undertake for clients.

And in any case, small law firms are the ones acting for the growing group of victims of climate damage, for instance those affected by fires or floods. The government’s Net Zero Strategy will also affect many small firms’ legal advice,

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on policies such as accelerating the installation of heat pumps in private housing, making it harder for mortgages to be offered for badly insulated homes, and moving from fuel cars to electric vehicles.

Climate change is a new area for lawyers, with its own way of looking at the law and using it as a tool. It is not just an aspect of environmental law. For instance, major cases holding governments to account in Europe, so that they keep within their emissions targets, have been brought under the European Convention of Human Rights as a part of human rights law.

Climate change is an existential event, which, if not tackled, will make most of our other concerns pointless. That is why, accompanying its recent resolution, the Law Society launched a resource hub of existing material to help the profession.

Jonathan Goldsmith Law Society Council Member for EU & International, member of the Law Society’s Climate Change Working Group

Biography

Sebastian Charles, of Aardvark Planning Law, and one of our local members (and also Chair of the Law Society’s Planning and Environmental Law Committee and member of the Law Society’s Policy and Regulatory Affairs Committee, who had a hand in setting up the Law Society’s Climate Change Working Group) adds that if any members would like to informally discuss their climate change response and ideas how to move towards net zero from operations, he’d be very happy to do that.

Contact details: sebastian.charles@aardvarkplanninglaw. co.uk D: 01604 43 90 92 T: 01604 43 90 90 M: 07710 783 154

Time for Reform in Drug and Alcohol Testing Evidence in Court

Mirfield Watermill Substance misuse has a devastating impact on our lives generally, but of particular concern is the devastation that it brings to children’s lives. It puts the lives of children of all ages at risk, even before they are born and if they survive the traumas, their lives are often damaged irreparably.

Many legal and social work professionals have a very poor grasp of the complex science behind forensic testing for substance misuse. On many occasions, these professionals are being misled by the evidence produced from Hair Strand Testing because the quality of that evidence is very limited due in part to the limited nature of the instruction process.

Traditionally, a restricted drug or alcohol screening test is instructed by courts and the output from this testing is a ‘Positive’, concluding substance abuse, or ‘Negative’, no substance abuse. This process is useful for commercial, clinical and epidemiological screening but is not appropriate and in our opinion, should not be used in child care cases before the court.

Within the context of Family Court proceedings, Laboratories have a duty to report all findings, irrespective of the levels of substances in the samples.

The requirement for this approach is exemplified in the judgment of Justice Jackson – Re H (A child – Hair Strand Testing) [2017] EWFC 641. This was also re-affirmed in a paper presented at The International Association of Forensic Toxicologists (TIAFT) by Professor Alexander Forrest; ‘Presentation of Hair Strand Analysis Evidence in Court’.

Many professionals are unaware of the flaws in the present process, where something as simple as a person’s hair colour leads to misleading evidence and discrimination against someone based on their hair colour, just one of many examples.

There is a false confidence in the evidence provided from the present screening undertaken and given the overdependence on the results to make decisions, this can lead to the wrongful removal of children or children left at risk of significant harm.

Experience has shown that the current testing regime is not fit for purpose, cannot reach the appropriate standard of proof for use in these cases and is in desperate need of reform.

At FTS we now have the knowledge, experience and capability to drive much needed reform that will improve the safety of children affected by substance abuse.

FTS have developed a process specifically designed for the family court, which was recognised by the Parliamentary Review Committee in 2019 as a Model of Best Practice. FTS do not rely upon cut offs, which were introduced for other sectors over 25 years ago when technology was more limited and very little was known about hair testing.

A crucial part of the FTS process is to establish what questions need to be answered in each case, so the investigation and testing profile can then be optimised.

A detailed forensic investigation is carried out to establish all factors in each case that influences the findings from hair analysis.

This incorporates a comprehensive 30 to 45-minute client questionnaire, collecting

FTS have also revolutionised the testing process, ensuring that much of the drug and alcohol abuse that presently goes undetected is reported in all cases using a novel and highly cost-effective approach.

FTS have one of the most sophisticated laboratories in Europe, based in West Yorkshire, UKAS accredited, Home Office licensed and hold certification from the Society of Hair Testing and Society of Toxicological and Forensic Chemistry.

We have a significant commitment to research, working closely with major Universities in the UK and Europe on pioneering development work to address the ever-changing patterns of drug and/ or alcohol use and culture. FTS presently offer the most comprehensive range of analytical services in toxicology and bioanalysis for this sector.

The FTS best practice model provides stronger and more reliable evidence and is designed to reduce the significant misuse of public funding that’s associated with using the present flawed process.

The service even offers evidence-based advice to target the use and level of spend in each case. This ensures that the funding allocated to each case can be fully supported as a ‘reasonable and necessary cost’, because the likelihood of success for each investigation can be objectively assessed.

Our comprehensive investigations offer expert opinions that are value for money and fit for purpose. Helping the courts and social services with evidence to identify when children might be at risk of harm is at the forefront of everything we do.

Further information can be found at our website www.forensic-testing.co.uk or contact us by telephone on 0845 5196472.

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Northamptonshire Law Society

crucial context, chain of evidence and HD Photography at each stage of the process. All results, data and evidence then undergo a detailed examination by at least 3 experts to form an opinion on what the findings are more likely than not to represent.

Northamptonshire Law Society

Tips for dealing with Winter January and February are often considered the toughest months of the year. Christmas is behind us and it’s a long stretch of winter ahead until Spring. The temptation is to hunker down indoors and hibernate, but our top tip for dealing with the winter months to get outside as much as possible. We may wake up a bit grumpy, feeling the winter blues but as the day progresses we can begin to feel happier if we spend some time outdoors.

So many of us, in the depths of winter, get most of our light artificially from screens and desk-lamps. Humans aren’t meant to spend so much time indoors.

Our ancestors were hunter-gatherers spending most of their time outdoors amongst trees, by water, studying plants and animals, in all seasons and weather. Could our health and wellbeing be compromised because we spend less time outdoors? The shorter days of light drain us of energy, meaning some of us will experience seasonal lethargy, Sweasonal Affective Disorder (SAD) and depression. There is evidence that exercise outside can be more effective than antidepressants for those with mild to moderate depression.

There are several physiological and neurological changes that take place when we go outside which can boost the happiness chemicals in our brain.

Serotonin is a compound that carries signals between nerve cells and there is link between the levels of serotonin in our brain and our mood. Time spent in the natural world and particularly in sunlight triggers an increase in serotonin. Bright morning light can advance our circadian rhythms helping us to sleep better at night and also suppresses melatonin – having an antidepressant effect. Sunlight helps the body produce the immuneboosting Vitamin D, and being outside also helps us breathe more deeply, get more oxygen into our lungs and chase away the stress hormones of adrenaline and cortisol.

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Top tips for letting the light in • Open your curtains and window in the morning even for just a few minutes to let a blast of cold air in.

• Try and work near a window if you can.

• Make sure you have appropriate outdoor clothes – if you’re warm and waterproof you’re ready for any weather!

• Go outside a few times a day for a few deep breaths of fresh air.

• Take work calls/meetings outside where possible, if there’s no reason you can’t be walking and talking.

• Take a lunch break and get into the light whatever the weather. It doesn’t have to be an hour, or even at lunch time if that doesn’t suit your working pattern, but try to get out in daylight hours wherever possible. Having a break outside can make all the difference to your productivity.

• Make a plan to get out every weekend – visit parks, gardens, countryside and beaches. Going outside and being in nature can reduce your anxiety and stress.

There is scientific evidence that we feel calmer when we look at trees for example.

• Get a SAD light which replicates daylight and can boost your mood.

• Put fairy lights up, light candles, practice the Danish tradition of hygge at home to get through the long winter months. When darkness is illuminated by a few little flickering lights it seems more bearable.

• Take a Vitamin D supplement. Experts recommend everyone does in winter

If you are finding things difficult LawCare is here to listen. We provide emotional support to all legal professionals, support staff and their families. You can call our confidential helpline on 0800 279 6888, email us at support@lawcare.org.uk or access live chat and other resources at www.lawcare.org.uk

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Family Tree Verification – don’t rely on what the family tells you

While the UK industry is unregulated, this need not deter solicitors from working with those who specialise in combing census records and online archives to piece together irrefutable evidence. Whilst reputation makes an excellent starting point, we always stress that anyone who requires the services of a probate genealogy company should first ensure that they are dealing with a professional company.

At Finders International, we follow voluntary codes of conduct and regulatory regimes that can provide reassurance together with multiple ISO certifications and industry awards.

It is vital to check whether the company is a member of a voluntary self-regulatory body such as the IAPPR www.iappr.org, a unique international body representing elite professional firms across the globe. Furthermore, the firm’s list of Credentials and Accreditations should give reassurance.

Family testimony – not usually fail safe Another issue I see in the UK probate research industry is the reliance by the solicitor, administrator or executor on family testimony, without independent verification. Some solicitors accept the word of family members as to who is related to the deceased and by what degree of kinship. This can lead to incorrect estate distribution and huge risk for the firm distributing the Estate.

I once carried out research on a £400k intestacy, where the solicitor wanted verification that their client was the sole

heir to the estate. The client was an elderly lady who claimed to be her late brother’s sole surviving next of kin.

report can secure the vital indemnity insurance policy needed to safeguard the administrator.

However, we discovered she’d disowned her nephew many years earlier and didn’t recognise him as part of her family. His ‘crime’ was to grow a beard to his waist and to apparently exhibit anti-social behaviour. We identified and located him, and half of the estate rightly passed to him.

There are dangers of being ‘hooked’ into using a firm based on a very low initial quote. Cheap does not necessarily mean better. It is often true that you get what you pay for, and this is not an area where it pays to cut corners.

Overlooked siblings and children It is best practice for a solicitor to interview their client before engaging a probate research firm, to ensure all relatives are accounted for. Families lose touch, large families forget how many relatives they have, children are born out of wedlock and, since 1927, adoptive families can legally inherit.

Contingency fees most popular Freedom of choice is imperative to cover a variety of situations. There are four fee models available from most professional probate research firms.

We find that often Contingency fees are the most popular option. They are seen as fairer in many circumstances-payable only on a successful distribution of an estate, and where the fee is agreed directly with a beneficiary or the executor and expressed as a percentage of the sum they receive.

However, an agreed budget or a fixed fee at the expense of the estate may be more appropriate, depending on the circumstances of the case.

Be wary of low initial quotes Budget or fixed fees paid by the general estate diminish the whole estate value, something which any already known next of kin often see as unfair.

If the probate research firm works to a contingency fee and fails to find any further entitled heirs, it usually receives nothing at all for its work, but the

Insurance – don’t skip this vital protection Missing or unknown beneficiary insurance is crucial. Sometimes, administrators seem certain they have identified all next of kin and consider taking out insurance cover against any future claims a waste of money. However, there are an increasing number of claims where no traditional documentation such as birth certificates exists, and DNA evidence is also being used more than ever before.

If there is no formal birth or adoption certificate, it’s more likely that a probate research firm will be unable to find ‘undocumented’ claimants.

Insurers demand proper evidence, and they seek evidence from recognised professional firms of probate researchers.

If you would like to out more about Finders International’s family tree verification service, please visit the website www.findersinternational.co.uk or contact Finders via email: contact@ findersinternational.co.uk or telephone: +44 (0) 20 7490 4935/freephone: 0800 085 8796.

Danny Curran Founder/MD, Finders International

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In the UK, the probate genealogy industry is not held in the same respect as it is by our European neighbours in France and Germany, where the verification of estates by professional genealogists when someone has died intestate is considered vital.

Northamptonshire Law Society

Conveyancing searches: Choosing the right environmental report 2022 There’s a plethora of residential environmental searches on the market for conveyancers to choose from, with regular new additions and enhancements to existing reports. Although, on the surface, many environmental searches can look and sound as if they are the same, environmental searches can differ dramatically so it’s worth conveyancers regularly reviewing that they are purchasing the most suitable reports for their clients.

assessment. A screening is computerdriven and is generally not scrutinised for accuracy, meaning that flood risk can be overexaggerated and lead to potential delays and extra costs. A full flood assessment, on the other hand includes a consultant review, providing greater accuracy and fewer further actions. A full flood assessment can be found in either a standalone flood report, Combined Risk report such as Landmark Riskview Residential or Groundsure Avista or in Groundsure Homebuyers.

It’s not all about price The importance of planning data Although some residential environmental reports may seem expensive compared to others, and maybe not the best choice in terms of passing on the cost to your home buying clients, it’s definitely worth looking at the detail behind the price.

Some of the newer Combined Risk searches offer a more comprehensive analysis of potential risk and are more thorough in their initial assessments.

This means less confusion about initial results, less delays and a reduction in further actions. Combined Risk searches also use a polygon approach to determine a property-specific risk assessment. This brings several advantages – see section on point and polygon searches below.

Flood searches – screening or full flood assessment The risk of flood is already welldocumented with approximately 1 in 6 properties at risk of flooding and a cost of £1.4 billion in cleaning-up and repair costs every year. Residential environmental searches can include either a risk screening or a full flood

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As the government commits to higher targets for house building, assessing the likelihood of further development in the proximity to a property is becoming a more and more important part of the conveyancing process. A planned development in the area could make it less attractive to buyers leading to a decrease in house prices.

As with flood data, residential environmental reports vary in the quality of planning data they include and analyse. For fuller information and a more realistic view of development, it’s worth considering the new Landmark Planning report and the RiskView Residential report. These searches incorporate large planning application as polygons rather than points, which means the analysis is a lot clearer, cutting down on the time required to interpret the data. This is because conveyancers and home buyers can instantly see the size of the proposed development. Full planning information is also available in the Groundsure Avista report.

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Are you using point or polygon searches?

It’s important to distinguish between point and polygon searches as the representation of the desired property depends on the approach used for property identification. A polygon search will provide an exact representation of the property and any land based on the title plan, whereas a point search will analyse the area within a 25 metre buffer (50 metre diameter) from the central point or other specified point on the property.

This means that there are a number of drawbacks to point searches (i) the area searched is usually wider than the property boundary, leading to possible identification of risk that are not within the boundary, and; (ii) depending on the shape of the boundary, certain areas of the property / land may not be searched (this is particularly true of elongated properties), and can mean that potential risks are missed. In both cases this can lead to unnecessary delays and issues. Using a polygon search such as Groundsure Avista or Landmark RiskView Residential ensures greater accuracy for a property-specific risk assessment.

If you would like a review of your residential or commercial search reports, please contact us at sales. team@geodesys.com. A review often results in us being able to customise our service and search packs to better meet your team’s needs.

Northamptonshire Police and Crime Commissioner Northamptonshire Law Society

Northamptonshire police and crime commissioner Adam Simmonds has completed just over six months in office.

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I hope you have enjoyed reading through the final bulletin of 2021.

During the last year, Covid continued to impact the ability of us staging face to face training, however we soldiered on with the zoom events.

Having presentations from Ian Quayle, Chartlands Chambers, Doughty Street Chambers and Trish McLellan from Lawncare. Thank you to those who joined us and supported NLS. The Awards Event was moved online, but thanks to Shoosmiths amazing media department, and the professional services of John Griff we were able to come together to celebrate the talents of the Legal profession with Northamptonshire- we hope to meet face to face for our 2022 awards event.

During the summer we were able to

meet for the Great Legal Walk, which saw us taking in the sites of St Andrew’s, Delapre Golf course, finishing the route with refreshments at Hewitsons. This event enabled much needed funds to be raised for “The Midlands Legal Support Trust”. This charity was also the recipient of funds raised through the Great Legal quiz, which saw an exhilarating fight for the winning title, between Shoosmiths and Sarah Franklin Solicitors. It all came down to the final round named “The Risk” where participants had to decide if they were going to gamble points awarded for that round in a double or quits scenario – Let’s just say Sarah Franklin and her team retained the winning title!

Moving into 2022, I am hopeful that circumstances will allow for me to arrange networking events for all

members to join, as we have 2 years of catching up to do.

So, as I sign of for this year, I would like to thank all the members, and Patrons who have continued to Support NLS. Wishing you and yours Seasonal Greetings.

Carolyn Coles Society Manager Tel: 07543 662572 Email: sec.NLS@outlook.com

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And Finally...