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Happy New Year to you all! I hope you have had some time over the festive period to relax, unwind, spend time with loved ones and generally re-charge the batteries for the year ahead! I hope 2025 brings you health, wealth and happiness!
As usual, there has been a lot going on in the Northamptonshire Law Society and the Council have been busy planning events for the year ahead.
2025 marks the 200th year of the Law Society and there are many bicentenary celebrations planned. The President, Richard Atkinson will be travelling around the Country to meet local Law Society members. These venues have been
selected due to their significance during the Law Society’s history. Our nearest venue will be Leicester.
If you’d like to get involved, there is a dedicated website page containing details about what’s going on and where, and to register your interest in attending an event. This can be found at: https://www.lawsociety. org.uk/about-us/bicentenary-year
If you do get involved, please be sure to take some photographs and post them on social media, tagging us in #NLS!
I’ve also been busy representing the Northamptonshire Law Society over the last couple of months. I had the pleasure of attending Derby University Law School to speak with the young lawyers of tomorrow and also attended the Warwickshire Law
Society’s annual dinner and awards. I was also delighted to attend the graduation ceremony for the Law School of Northampton University, including catching up with the winner of our NLS award for best dissertation, Kuziyakwashe Mandhuku and fellow Council member and principle lecturer, Kirstie Best
We have some great get togethers and training sessions planned over the next few months so keep an eye on our socials and your email inbox.
Kindest regards
Sarah Franklin
President, Northamptonshire Law Society
Northamptonshire Law Society
Officers & Council Members
2025
President
Sarah Franklin
Vice President
Laura Carter
Immediate-Past President
Maurice Muchinda
Honorary Secretary
Ika Castka
Honorary Treasurer
Afua Akom
Constituency Member
Steven Mather
Council Members:
Jabeer Miah
David Browne
Michael Orton Jones
Euan Temple
Oliver Spicer
Sharine Burgess
Edward St John Smyth
Lyndsey Ward
Hassan Shah
Society Manager
Carolyn Coles
Northamptonshire Law Society
The Gatehouse, Stable Lane Pitsford Northampton NN6 9NG
Tel: 01604 881154
Email: Sec.nls@outlook.com
All Council members should in the first instance be contacted through the Society Manager.
Introducing your Council Members - Maurice Muchinda
When did you join?
I joined the NLS Council in 2016, and I’ve enjoyed my time as a member because I’ve learnt a great deal.
How to join Council?
All it takes is your name being put forward, provided you’re a practising solicitor who lives or works in the County.
It’s simple to join, all you have to do is email our manager Carolyn at sec.nls@outlook.com and your full name, address, firm you work for and we’ll consider your membership at our next meeting and let you know soon after if you’ve been successful.
Do I have to be a Solicitor for many years to become a member?
Not at all. I had just qualified earlier that year when I joined and was made to feel welcome from the start even though I was the most inexperienced person in the room.
Why join Council?
It’s all about giving back to the legal community. It’s not always serious business when we meet. We all have a laugh, and I’d like to believe that’s because we get on well.
Describe your role?
As a Council member, I attend meetings to discuss various topics affecting the Society including any issues we face, how we can improve things for our members and Patrons and the general health of the Society. Everyone contributes because we all have opinions on matters affecting us and we come up with a plan of action.
What has being a member mean to you?
I’ve learnt so much just listening to other members give their opinions and working together to find solutions to problems. We are blessed with so much experience on Council and everyone, new or old, is treated equally.
What’s the best thing to have happened since being a member?
I was lucky enough to be President from 2023 to 2024 and that is something I’ll always cherish. We have people of all colour, from all sorts of backgrounds on Council, which is a great thing to have.
Would you recommend someone joining Council?
100% because until you’re a member, you have no idea how much effort everyone puts into helping our members and keeping the Society going. It’s voluntary, so you get so much just from giving back to the Society. It’s such a wonderful group of people to be a part of.
Why you became a Solicitor?
It’s always been a dream ever since I was a kid watching my best friend’s dad and wanting to be just like him. The dream became even more vital when I realised I wasn’t only doing it for myself but for my family and most importantly my late baby brother who wanted to follow in my footsteps but sadly left this world before he could start his studies at Leicester University. Thankfully, the dream became a reality 9 years ago although the journey had its ups and downs. There were times when I doubted that I would become a Solicitor, but I never lost hope. The challenges I faced in those years when I was searching for a Training Contract made me more determined to succeed. I believe in hard work and that things eventually fall your way if you’ve shown to others that you are willing and capable of more than what you are.
What area of law do you specialise in?
I have previously worked in Personal Injury and Clinical Negligence but I now specialise in Residential Property transactions. I am a Conveyancing Solicitor, and my clients consist of buyers and sellers of residential properties all across the country. I have been lucky enough to have worked for 4 wonderful firms in this field and I enjoy it immensely. Like anything in life, it’s all about perspective and I try to focus on the positives like the joy I feel whenever I complete a client’s transaction and receive great feedback.
What are your hobbies/pastimes?
I am a creature of habit, and I like to live a simple life. That means I generally know what I want to do on a weekend. Sometimes I want to catch up on some work, other times I meet up friends for drinks and there are times when I just want to put my feet up and relax in my own company. I am not ashamed to say that I am an Arsenal fan. Come on you Gunners!. I enjoy binge watching series and movies both at home with the Mrs and occasionally at the cinema. I also enjoy reading fiction when I am on holiday.
Shoosmiths supports local foodbank
The Shoosmiths Serious Injury Team (above) volunteered at the Encompass Food bank in Rushden on 27th Nov 2024 helping to get the food parcels ready for Christmas. We were made very welcome by the team at Encompass and we were very impressed with the work they do helping the local community.
The photo on thee right shows Shoosmiths Serious Injury Team getting festive for a team meeting last month....
Can you guess which one was recently award NLS young Lawyer of the year 2024?
The Law Society of England’s YouGov survey - The British public’s opinion of the legal sector
As seen on the Law Society of England’s website, YouGov has recently released some noteworthy data about the UK’s perception of the legal sector. YouGov plc, a British international internet-based market research and data analytics firm, surveyed a representative sample of 2,580 adults between 15 and 16 January 2025. The Law Society of England commissioned this survey, and the insights may come as a surprise to many solicitors.
The poll has found that 8 in 10 adults in the
UK who have used a solicitor in the past 5 years report positive experiences, showing that public confidence in the British justice system remains steadfast.
However, the poll also took into account the rising interest of AI, and the role it is beginning to play in the legal sector. According to the Law Society of England, the poll stated that ‘just 1% of respondents said they would trust artificial intelligence applications such as ChatGPT to provide them with legal advice’.
Unsurprisingly, this reveals that the reported positive experiences from the legal sphere must originate from a personal trust in solicitors, their professional experience, and their critical thinking. This could even suggest that the human touch in legal client services is foundationally non-negotiable, as whilst AI boasts a bank of knowledge at incredible speed, the lack of trust is overwhelming.
For more information, please contact Adam Hall at reviewsolicitors. adam.hall@reviewsolicitors.com
Hatched, Matched & Dispatched
This section is a new part of our Bulletin, where members can share news of happy events such as engagements, weddings, baby arrivals etc., as well as sad news of members of the profession who we have lost. Please do send in news to share with readers, and we particularly encourage photos!
Sadly for our first time we have two solicitor we have lost. Let’s have some good news for the next edition!
Mr William Walford William died on 19th August 2024. He originally worked as a lawyer in Hong Kong.
In the early 1980’s he set up on his own in practice in Corby.
He later merged with Graham Wood in
partnership as Walford Wood and had offices in Corby and Kettering. In the 1990’s he merged with Paul Seaton & Co in Corby.
In later years he worked at HM Land Registry.
He will be remembered as an old school lawyer who always acted with professionalism and integrity
John Oliver Cutler
Former partner with Wilson Browne, John Cutler, sadly passed away on December 19th 2024 at Ashurst Mews Care Home in Moulton, aged 91, after a short illness.
Although originally from Sheffield, John’s legal career was entirely within Northamptonshire. He was an articled clerk at what was then Browne and Wells in
Northampton from 1956 to 1959, moving to what was then Wilson and Wilson in Kettering in 1959, where he became a partner in 1963 and later consultant until his retirement in 1998. Browne and Wells and Wilson Browne merged to become Wilson Browne. As was common with his generation of lawyers, John was very much a generalist but was known for property and private client work.
John read Classics and Law at Trinity Hall Cambridge following his National Service in the Army, where he was in the Intelligence Corps and studied Russian (apparently he used to on occasion launch into Russian in the office!).
John was known for practicing his cricket bowling skills along the corridors of the Wilson Browne offices in Meadow Road Kettering, and sometime practising hurdling over chairs in the corridor!
NLS goes to University
Northamptonshire Law Society sent along some representatives from the Northamptonshire legal profession to the Law and Criminology Careers Fair at the University of Northampton on 4th February 2025. We were in good company at the Careers Fair, with representation from some local firms and other government branches connected with the law. It was a busy day meeting and talking to upcoming talent and reinforcing the Society’s links with our local University. It was a great opportunity for the students to talk to the firms there to help them decide on their future career paths. The University of Northampton has its own “Law Society” and students can also apply to be affiliate members of our Society. By becoming members, they can be involved in social and networking events which may assist in their career aspirations. We were struck by how approachable and engaged the students were and hope to see them become full members of the Society in due course. It’s great to be able to support and encourage future generations of lawyers.
Northamptonshire Law Society
LBTH v Lesees of Brewster House and Malting House
Service Charges: What can be recovered?
Can service charges be used to recover costs expended in remedying structural defects? A review of The London Borough of Tower Hamlets and Lessees of Brewster House and Malting House [2024] UKUT (LC)
The Upper Tribunal, in its dismissal of an appeal brought by the London Borough of Tower Hamlets (“the Landlord”) against a Firsttier Tribunal decision in favour of the Lessees of Malting House and Brewster house on the Barleymow Estate decided that the Landlord could not recover costs arising from remedying structural defects through the Lessees’ service charge contributions.
Facts
A report commissioned by the Landlord in 2018 deemed that the reinforcement work carried on Malting House and Brewster House was insufficient to cope with normal loading. As a result of the 2018 report and further investigative work, the Landlord decided to undertake extensive structural repair works to the buildings.
The total costs for the works was estimated at over £8,000,000.00. The Landlord wanted to recover part of those costs through the Lessees’ service charge payments, with costs estimated initially at varying between £60,971 to £82,136.00 for the Lessees.
The Lessees made an application to the FTT seeking a decision on whether the service charges were payable under their leases, and whether the costs were going to be reasonably incurred under sections 27A and 19 of the Landlord and Tenant Act 1985 respectively.
Issues
As a result of the Landlord’s appeal against the FTT decision, the UT was once again looking at whether the lease terms rendered
it permissible for the Landlord to recover significant costs for structural remedial work through the service charge.
First Instance
In the FTT, the Landlord argued that there were three provisions in the Lease that provided for the recovery of the costs incurred as a result of the remedial works through the Lessees’ service charge contributions. The Landlord put forth that:-
1. The works amounted to ‘maintenance,’ and thus were recoverable under clause 5(5)(a) of the leases, or
2. The works fell under the Landlord’s obligations under clause 5(5)(o), and
3. The costs fell within the definition of ‘Total Expenditure’ in the Fifth Schedule.
As to the notion that the works amounted to ‘maintenance,’ the FTT decided that this was not the case, providing that remedial works to major structural defects where there was no physical damage fell outside of the definition of maintenance.
The FTT deemed clause 5(5)(o) a ‘sweeper’ clause, stating that if taken literally, it would be difficult to determine what would not be covered under the provision. Taking into account the extensive nature of the remedial works being undertaken, the FTT decided that applying clause 5(5)(o) in its literal form to the works would be contrary to the objectives of the Housing Act 1985.
Given that the lease was silent as to the costs of major repair works, the definition of ‘Total Expenditure,’ was given the same treatment as clause 5(5)(o), with the FTT finding that the costs incurred for the works fell outside of the scope this definition.
The Landlord’s arguments failed on all fronts and the FTT, in the first instance, held that the costs of the works could not be recovered through the service charge under any of the provisions in the Lessees’ leases.
Decision on Appeal
The UT reviewed the Landlord’s arguments initially put forth to the FTT and found that the decision of the FTT still stood. The Landlord’s appeal failed.
Comments
The decision made by the FTT and reinforced by the UT highlights the importance of forethought and clarity when drafting, particularly when considering remedial works that may be required during the lifespan of a lease.
Chloe Lake Wilson Browne Solicitors
Published with kind permission of Property Law UK
Chloe Lake
Leaving a lasting legacy
Legacy giving is a significant source of income for charities in the UK and it represents one of the largest sources of voluntary income for Cransley Hospice Trust. Most importantly gifts in wills provide charities with a stable income enabling them to develop and plan for the future.
In 2024 legacy giving accounted for around 10% of the income raised by Cransley Hospice Trust to support the development of end of life care for patients and families in North Northamptonshire. For some charities it accounts for around 30% of their income. The legacy funds help the charity to develop and deliver specialist services which support the quality of life for patients and their families at the most difficult of times.
Cransley Hospice Trust is supporting the development of a specialist bereavement service for patients and families in North Northamptonshire and has plans to develop other areas of hospice care so that patients and families enjoy and make the most of their last days together.
It costs around £755 per day to support a patient for 24 hours in the hospice.
Michael spoke to us about the care his beloved Dad received when he went through the doors of the hospice,
“You could see he was physically relieved to be there. Whilst he was at Cransley, as far as he could be, he was back to himself, cracking (bad) jokes and playing tricks on the hospice staff and his visitors. You could tell he felt safe and comfortable at the hospice which made it easier for us. We knew that he was looked after and that whenever we left him, we felt reassured that the staff were around, and he wouldn’t feel alone.
“My Dad got everything he needed and we got everything we needed”.
The journey of terminal illness is hard, unlike other health problems there is no cure and there will only be one outcome. This creates a rollercoaster of emotions for patients and their families. Feelings of fear, anxiety, hopelessness, and sadness which can lead to depression. The practicalities of illness and death can be overwhelming for partners, and children can become withdrawn, not understanding what is happening, leaving them feeling left out.
The team at Cransley pride themselves on giving each person receiving care and their family members, meaningful emotional and spiritual support. They understand that dealing with a terminal illness or a life limiting condition is life changing. They focus on the individual, not the diagnosis and the team consider all aspects of the patient’s care taking into account their social, emotional, spiritual, and medical needs. Family members and loved ones are included in the patient’s journey and care, helping them to feel informed and supported.
When a patient’s symptoms can no longer be managed by the usual treatments, or if they have complex care needs, the Specialist Palliative Care team will take over, working to alleviate the symptoms whilst considering the social and psychological needs of the patient.
The team will offer advice and support to prepare family members for the death of their loved one and this might include the gift of a memory box supplied by Cransley Hospice Trust and specifically developed for children.
Some people are unaware of how easy it can be to leave a gift in a will to a charity that they support and how easy it can be.
Cransley Hospice Trust has developed a simple guide of how anyone can include a gift in a will on their website, and a free guide with more information about leaving a gift in your will.
Legacy giving is a powerful way for people to leave a meaningful mark on the world while helping their local community, patients and families in the future.
Cransley Hospice Trust is passionate about high quality hospice and end of life care being available to all. We are committed to raising funds that will support and develop the delivery of these services for our local community in North Northamptonshire.
Remember a Charity launches wealth adviser committee
New committee aims to empower advisers to accelerate growth of high value legacies
Remember A Charity, the consortium of UK charities working to grow the legacy giving market, today announces it has set up a committee of wealth advisers to build expertise within the advisory profession and to champion and promote legacy giving amongst highnet-worth clients. The Private Client Advisory Committee for Legacy Giving is working to guide the consortium’s work programme with wealth advisers, which aims to equip wealth advisers with the knowledge and resources they need to inspire and support high net worth clients in achieving their philanthropic goals, growing high value legacy giving.
The creation of the committee follows the consortium’s exploratory research into the role of wealth advisers in growing legacy giving, published earlier this year. This revealed that appetite for supporting clients in achieving their charitable legacy was high, but that relatively few advisers outside the Willwriting sphere regularly advised clients on the topic. The research report was accompanied by a suite of web-based resources for advisers, including a business case for discussing charitable legacies with clients and case studies showing the different ways a charitable legacy can be structured.
Remember A Charity’s wealth adviser programme builds on the consortium’s experience of working with solicitors and Will-writers in having established a network of 900 solicitor firms and Willwriters (Campaign Supporters) who have all committed to make their clients aware of the option of including a charity in their Will, normalising legacy giving.
Role of the committee
The Private Client Advisory Committee for Legacy Giving brings together influential wealth advisers to accelerate learning, developing the knowledge and skills needed for advisers to initiate
values-led discussions with their clients about charitable legacies. Committee members have committed not only to share knowledge and expertise, but to advocate for legacy giving with their clients, within their organisations and across their wider peer groups and networks. This includes:
• Raising the topic of legacy giving with their clients and supporting those who wish to fulfil their charitable legacy
• Educating and informing colleagues, championing legacies across their firm
• Advocating for legacies — inspiring their wider network to discuss charitable legacies with clients
• Reporting learnings back to the committee, accelerating learning and helping to shape Remember A Charity’s future development of best practice guidance and resources for advisers
Committee Chair and Private Wealth Partner at Boodle Hatfield, Clare Stirzaker , says:
“Helping private clients consider and implement their charitable legacy is a privilege for any adviser and definitely the part of my job that I enjoy the most. The aim of this committee is to address how we can better enable our colleagues and peers to raise and discuss this important topic with clients. I very much hope that our efforts and collaboration drive changes across the wealth management industry, supporting higher levels of legacy giving whilst also unlocking potential lifetime giving too.”
Director of Remember A Charity, Lucinda Frostick , adds:
“Private client advisers are pivotal when it comes to supporting clients with their philanthropic and financial decisionmaking. Yet, when it comes to engaging
with high net worth individuals about legacy giving, these conversations can be few and far between, and there is opportunity for greater depth. Such discussions can be crucial in supporting clients achieve their philanthropic legacy.
“Our mission with this work programme is to deepen our understanding of the ways in which wealth advisers can support clients with charitable legacies, and to empower and equip this growing community of influential advisers to unlock and inspire legacy growth across their client base.”
Driving Best Practice in legacy giving
The committee will shape Remember A Charity’s work programme with wealth advisers. This includes developing training, mentoring and best practice guidance. By nurturing a network of legacy advocates in the wealth adviser community, Remember A Charity aims to accelerate the growth of high value legacies and inspire a longer-term cultural shift where advisers more regularly inspire legacy consideration.
The committee first met in person in September, agreeing the terms of reference and exploring the key areas of activity to be progressed within the group. They will continue to meet on a quarterly basis for a 12-month period before reviewing next steps.
Find out more about Remember A Charity’s work to grow legacy giving at rememberacharity.org.uk
Leave your legacy today, for their tomorrow.
SSAFA, the Armed Forces charity exists so that no one in our Armed Forces is left to battle life’s darkest problems on their own. Together, with the help of our volunteers and supporters, we are close at hand for any member of our Armed Forces family in their time of need. We provide welfare and wellbeing support to serving personnel, veterans, and their families across the UK and abroad. All tailored to individual needs, helping people get their lives back on track. We do not judge – we offer a helping hand and a listening ear, for as long as we are needed.
SSAFA relies on the generosity of our supporters to provide our vital services. With a gift in your Will, you could help us be there for future generations of the Armed Forces family.
Gary is a veteran of the Scots Guards. He is also a triple amputee.
His life – and his family’s – changed forever when he lost three limbs in a devastating explosion while serving in Afghanistan. The years in between and the road to recovery have been long and challenging, but SSAFA was there for him and his family.
From adapting their family home to accommodate Gary’s needs, to providing logistical and financial support during many medical operations, SSAFA has been there whenever and however he and his family needed us.
Not everyone that SSAFA supports has the challenges Gary lives with, and we do not know how our Armed Forces will be needed in the years ahead. But one thing we do know. With a gift in your Will, you will help us be there for our Armed Forces family in the future, providing welfare and wellbeing support to those who need us.
So that they never battle alone.
Last year, due to the kind generosity of supporter donations, including those who left a legacy to SSAFA with a gift in their Will, the charity was able to support an incredible 54,000 people from the Armed Forces community. Each person helped had their own unique challenges and battles.
You can help us face the uncertainty in the years ahead with confidence and change so many lives. By leaving a gift in your Will to SSAFA, your kindness can ensure that they never battle alone.
With a gift in your Will, you will stand alongside our future Armed Forces, always and forever.
To find out more, visit ssafa.org.uk/giftsin-wills .
Professional expertise in legal translation
Legal translations can present many challenges not least, the importance of getting it right. With the expansion of AI and automated translation services, it is essential that the translation of any legal document accurately reflects the original.
WS Translations understands the importance of precision and discretion when translating legal documents for family law, immigration and wills and probate.
When it comes to carefully crafted legal documents, every word matters and it is important to get it right when translating into another language. Nuances and variations in meaning from one language to another can have critical consequences from invalidating contracts to misinterpreting decisions within family law, immigration or wills and probate. It is vital to make sure any legal translations requested meet the highest standards of compliance and accuracy.
Translation is not just about converting text into another language; this is particularly true of legal document translation. Legal translators have a comprehensive understanding of the terminology required in both the target and source languages including understanding cultural nuances.
The translation of a contract or immigration papers for example requires specialised knowledge that goes beyond basic language proficiency. Legal translators navigate industry-specific terminology, regulatory frameworks, and contextual details to deliver accurate translations. They are experts in their own right.
It is very easy to alter the intent of a legal document through a simple mistranslation. This could lead to unintended consequences such as unintentional confusion and non-
compliance resulting in the rejection of the documents altogether, or financial losses, breach of contracts, reputational damage and may even result in penalties.
WS Translations will consider the nature of the document before allocating it to an appropriate translator selected on the basis of their expertise in the subject, their certification and the number of years’ experience operating in the industry.
When choosing a translation provider for legal translations, it is important to have an experienced provider who is committed to accuracy, consistency, and confidentiality.
WS Translations has provided accurate legal translation services to solicitors in Northamptonshire for over 25 years, using a global network of qualified, expert legal translators and we welcome your inquiries for further information.
Estatesearch acquires Exizent to elevate bereavement services
• Estatesearch has acquired Exizent, adding Exizent’s best-in-class software to its pre-existing market-leading products related to bereavement, probate and estate administration.
• Exizent will continue to provide all its existing products and services in all UK jurisdictions under the new ownership.
• The enlarged Group will make the bereavement process easier for all involved, supporting professionals, and therefore the bereaved, at one of life’s most challenging times.
• The acquisition also promises exciting new future innovation for legal, accounting and financial services professionals, streamlining death related processes with enhanced data and technology.
Estatesearch, a leading provider of legal and financial services technology, announces its acquisition of Exizent, the pioneering platform in estate administration and death notification services. This milestone combines two major innovative forces in the space to deliver greater efficiencies, enhanced tools, and better outcomes for private client professionals dealing with probate, financial institutions, and all of their clients.
Over the 5 years since Exizent started up it has established itself as a trusted provider of modern estate administration products, simplifying the bereavement process for legal professionals, financial institutions, and their clients through their secure, usable and reliable software that supports excellent services to end clients. Estatesearch is a similarly innovative leader in the sectors, offering comprehensive data aggregation and technology solutions that enhance risk management, compliance, and process efficiency,
empowering professionals to deliver better client outcomes whilst streamlining operations.
The acquisition of Exizent by Estatesearch creates a unique opportunity to combine strengths, resources, and expertise. Together, they aim to:
• Continue providing excellent solutions to legal services firms and the financial services sector.
• Further invest in product innovation to solve problems and serve future needs.
• Ensure the future of Exizent’s trusted platform while leveraging Estatesearch’s resources for accelerated growth.
• Provide long-term stability and support to customers and partners.
Aleks Tomczyk , Co-Founder and Managing Director of Exizent, commented:
“We are thrilled to join forces with Estatesearch whom we have known for years. We all believe it is a good match – particularly of vision and culture. This deal ensures that Exizent will continue to deliver the high-quality products and services that our users rely on, whilst gaining the backing of a larger group to accelerate our mission of improving the bereavement process for everyone involved. It is a significant step forward for Exizent and our users.”
Nick Cousins , CoFounder and CEO of Exizent, added:
“This acquisition represents a pivotal moment for Exizent’s bereavement notification platform and its usage within the financial services industry. By combining Exizent’s strengths with Estatesearch, we can speed up product delivery and innovation for financial institutions, enabling them
to provide a better customer journey at a key life moment, manage risk and to work more efficiently. Most importantly, this partnership will enable our users to better serve bereaved families, providing the support they need during a deeply challenging time.”
Jonathan Upton , Group CEO of Estatesearch, commented:
“The acquisition of Exizent aligns perfectly with our vision of empowering legal and financial services professionals through innovative data and technology services. Exizent’s platform is a natural extension of our existing offering, and the team share our passion for supporting clients in improving outcomes for their customers. We are excited about the opportunities this partnership creates and look forward to collaborating on initiatives that will further drive efficiencies, reduce risk, and improve outcomes for our clients and the wider industry.”
Exizent will continue to operate as a standalone subsidiary of Estatesearch, retaining its team and commitment to excellent customer service. Users can expect uninterrupted platform access, with ongoing improvements driven by the combined resources of both companies.
Together, Estatesearch and Exizent are poised to transform the bereavement space by providing cutting-edge tools and seamless support for legal professionals, financial institutions, and their clients.
Northamptonshire
CON29DW: The Full Picture
Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.
So, what makes the CON29DW so unique?
Reliability: You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water. Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.
Efficiency: Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.
Expert Support: The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.
The CON29DW also comes with robust terms and conditions to support conveyancers and their clients. The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.
Whether you are acting for a residential or commercial property there is a CON29DW to help.
CON29DW Residential*
• Answers to all 23 Law Society copyrighted questions on drainage and water.
• Includes two maps to illustrate the position of pipes.
• Includes five pages of homeowner information.
• Easy to navigate with interactive features.
CON29DW Commercial**
• Comprises of 27 standard questions aligning with the CON29DW residential report.
• Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities.
• Enhanced T&Cs and Indemnity.
If you’re ready for the full picture, head over to the Geodesys website*** to get in touch or call on 0800 085 8050. Their team is here to answer any questions you may have.
Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
CHILD CARE AND PROTECTION Law and Practice
7th Edition
By Safda Mahmood and Julie Doughty
ISBN 978 0 85490 306 1
WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com
AN EXTENSIVELY UPDATED GUIDE TO THE COMPLEXITIES OF THE CHILDREN ACT BY MAHMOOD & DOUGHTY
The seventh edition of this important book from Wildy, Simmonds and Hill Publishing has been written and edited by Safda Mahmood and Julie Doughty. The work extensively updates the practical guidance it offers on the complexities of the Children Act 1989 and subsequent child protection legislation, guidance and case law.
Among the developments included in this edition are the changes brought about by the Public Law Outline in January 2023 to family justice, particularly in relation to expert evidence, time limits, care plans and delay. What we found particularly helpful was the advice during a period of change within child law litigation.
The authors give us a most useful commentary on the law surrounding deprivation of liberty (DoLs) with regard to children, exploring and explaining the interface between what always difficult care proceedings and Article 5 ECHR, and a consideration of pivotal case law, like the decision in Re T (A Child) [2021] UKSC 35.
For those readers who are in practice in family law as counsel or solicitors, there is a revision of leading Practice Directions, specifically PD12A (Care and Supervision Proceedings and other Part 4 Proceedings: Guide to Case Management), Child Arrangements Programme (PD 12(B), and Revised PD12J – Domestic Abuse and Child Arrangements, Pilot Reporting and Private Law Review. We would add that it is always useful to keep as well informed as possible with such changes at a time when procedure rules are being regularly reviewed.
We believe that the contents of the new edition will be of great use and support to students, graduates and those more recently qualified practitioners because the authors have included significant case law developments in children law since the publication of the last edition. But do please remember that the case law itself can more of a guide on outcomes as every case is different in family proceedings.
Finally, there is a most important and excellent explanation of the revised edition of “Working Together to Safeguard Children” (2023), which has changed the position in relation to safeguarding and child death reviews, as well as assessments.
All these excellent publications from Wildy, Simmonds and Hill remain a practitioner’s friend during these times of increasing changes and revision in child law proceedings, plus the ever re-modelling of our process as more and more legislation and guidance is produced. Keep up to date!
The date of publication of the paperback seventh edition is cited as June 2024.
GLOBAL INVESTMENT FUNDS
A Practical Guide to Structuring, Raising and Managing Funds
Second Edition
Consulting Editor: Tom Alabaster ISBN 978 1 83723 012 9 GLOBE LAW AND BUSINESS www.globelawandbusiness.com
EXPLAINING THE POPULARITY OF GLOBAL INVESTMENT FUNDS IN 2020s TO THE PROFESSIONALS
Globe Law and Business always excel when offering advice to lawyers in business. And never more so than with private investment funds when Tom Alabaster, the consulting editor, has some involvement! What the publishers offer us here is a practical guide to the structuring, raising and managing of funds which will be of interest and help to a wide readership.
Such funds are investing more capital than ever before, and the funds themselves are becoming larger than ever. And, of course, the industry’s success comes against a backdrop of evolving market trends, increasing regulatory and tax compliance and the rise of ESG, mixed at a time with a new, incoming Labour government which
has a (possibly) rather different approach to fiscal matters generally (at least as far as some practitioners are concerned) for the rest of this decade.
In relation to structuring, fund-raising, making deals, managing exits, maintaining investor relations and dealing with the press, investors and their advisers are faced with unprecedented challenges and opportunities so this new edition for 2024 comes in very handy.
Globe Law gives us, as practitioners and counsel, an excellent and practical new second edition of “Global Investment Funds”, edited by Tom Alabaster at Ropes & Gray. This hardback book is a mini classic which offers us contributions from leading industry specialists covering a wide range of issues arising at all the stages of a private investment fund‘s life cycle.
The new edition also offers the following topics which include formation and structuring, regulatory matters, deal-level considerations, environmental concerns, as well as covering jurisdictional/offshore matters, their jurisdictional differences and choice drivers (such as Ireland and Luxembourg). We found it to be a most successful and pragmatic guide which clearly paves the way for fuller explorations of the particular issues presented with regard to listed funds, energy funds, secondary transactions and GP-led recapitalisations.
Globe Law and Business have always provided lawyers in business with titles covering a wide range of specialisms to fit their needs and requirements. Here we have a practical guide to the legal, regulatory, tax and commercial elements of establishing and operating private investment funds.
And it remains our view that we consider that practitioners, advisers and other industry participants will almost certainly gain a significant benefit from applying its contents within their own businesses. Your business cannot really afford not to have a copy in the office library… and yes, we still do have legal and business libraries even in the digital 21st century!
The date of publication of the hardback second edition is cited as April 2024.
RESTRICTIONS ON THE USE OF LAND A Practitioner’s Handbook 2nd Edition
By William Webster and Robert Weatherley
ISBN 978 0 85490 303 0 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com
WHY THERE SHOULD BE RESTRICTIONS ON THE USE OF LAND: WEBSTER & WEATHERLEY OFFER SAGE ADVICE
The second edition of this accessible book for practitioners explains what is meant by “restrictions on the use of land”. It remains a single up-to-date reference work written by experts in the field (to coin a phrase!) William Webster and Robert Weatherley. The authors discuss a broad range of public and private law topics which directly impact on the use and development of land and will interest professionals and the wider public.
The publishers are Wildy, Simmonds and Hill Publishing and we cannot thank them enough for these excellent practical guides which make our professional lives so much better with the advice given. “Restrictions on the Use of Land” is a broad subject which includes new chapters on wayleaves, planning enforcement, and trees and hedgerows.
The 2024 edition covers significant recent case law including the following five areas of English land law relevant for the counsel and solicitors:
EASEMENTS: Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 (a case discussing the four essential requirements of an easement), together with some recent authorities on prescription, such as Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC).
TOWN AND VILLAGE GREENS: TW Logistics Ltd v Essex County Council [2021] AC 1050 (the post-registration rights of a landowner and the interplay with the so-called ‘Victorian Statutes’) and R (Bellway Homes Ltd) v Kent County Council [2022] EWHC2593 (trigger events under s.15C of the Commons Act 2006).
PUBLIC RIGHTS OF WAY: DPP v Ziegler [2021] UKSC 23 (the interplay between a person’s right to protest and the obligation not to obstruct the highway) and R (Monckton) v Staffordshire County Council [2022] EWHC 3049 (Admin) (judicial review in the case of a modification order before it was confirmed).
RESTRICTIVE COVENANTS: Birdlip Ltd v Hunter [2016] EWCA Civ 603 (the prerequisites for a building scheme) and Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 (a case which involves a modern restatement of the law of private nuisance in the context of visual intrusion).
ASSETS OF COMMUNITY VALUE: Banner Homes Ltd v St Albans District Council [2018] EWCA Civ 1187 (a case discussing the meaning of ‘actual use’ in section 88(2)(a) of the Localism Act 2011) and R (TV Harrison CIC) v Leeds City Council [2022] EWHC 130 (Admin) (a judgment which cites from four decisions of the FTT)).
We found the book tremendously practical, and it will be of interest to law students and graduates as well as practitioners. Webster and Weatherley must be congratulated on researching such an important and vital area of land law where clients often misunderstand what they can and cannot do with their own land. The new edition sets the record straight on the use of land as we enter, potentially, a new era of land law reform under a new Labour government.
The date of publication of the paperback second edition is cited as June 2024.
One tray short of a baker’s dozen: injury on the production line
Commentary
This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are areas of expertise for which the orthopaedic surgeon’s ‘working knowledge’ may be sufficient, thereby avoiding the time and expense of instructing a further expert just as in cases where knowledge and experience of orthopaedics in general is sufficient and it is not necessary to instruct an orthopaedic sub-specialist.
Learning points
• In a case where biomechanical or ergonomic issues may arise, it is advisable to explain your knowledge of the subject or subjects.
• Indicate that you will, if you consider it advisable, recommend the instruction of a biomechanical expert or ergonomist and, if appropriate, defer to them.
• Be in a position to give evidence about possible causation in specific situations relevant to the instant case.
• Be in a position to provide references to studies showing a correlation between load and injury.
The case
The pursuer’s case was that she suffered loss injury or damage as a result of the defender’s fault and negligence. She was employed as a production operative at Mathiesons Bakery in Larbert. To succeed, the pursuer was required to prove that she was engaged in a manual handling operation, that there was a foreseeable risk of injury, and that she was injured by the operation.
History
On 31 May 2020, the pursuer was primarily engaged in work on the production line. On that day, she was instructed to collect twelve trays of cream for use on the production line. The trays were to be collected from a window next to the production line, which formed part of the sanitiser tunnel within the defender’s production plant. Each tray contained a ten litre bag of cream. Each tray was plastic and a little wider than the pursuer’s body. The pursuer picked up each tray at about hip or waist height and lifted it to almost level with her shoulders. Her arms were slightly extended in front of her. The
trolley was to the pursuer’s left hand side at 90 degrees to the window from which she was collecting the trays. The purser lifted around eight or nine trays and stacked them in turn on a flat trolley. The pursuer immediately felt pain in her back after lifting the ninth or tenth tray from the window. The pursuer continued to work and took all twelve trays to the production line.
The following day when the pursuer got up for work she was unable to get out of bed immediately and fell to the floor when she tried to do so. The pursuer was absent from work for three months and her symptoms resolved within six months.
Skilled evidence
Her skilled witness was a consultant orthopaedic surgeon. His evidence was that, if the court accepted the pursuer’s evidence of lifting trays approximately 10 kg in weight from waist height to shoulder height on a trolley to her left resulting in pain in her back, he considered that to be a mechanism that could cause the pursuer to suffer injury.
The skilled witness explained that in the course of studying for the FRCS examinations, there were a number of modules on basic sciences including biomechanics dealing with the operation of the spine, lower limbs, hands, knees and arms. In his evidence in chief he agreed that there was a risk of injury if a female lifted a weight of 10 kg from a low height to shoulder height with her arms partly outstretched. This was evident from basic mechanics and how a load is applied. If a load is at close distance to the spine, if the arms are outstretched the load is further from the spine and the greater the loading on the spine as a result. Risk of injury could be reduced by reducing the load, the height, or the distance away from the spine. That would include not lifting as high or as heavy a load.
In cross-examination, the skilled witness said that the higher the load, the higher the relative chance of injury. He was not immediately in a position to provide references to a study showing a correlation between load and back injury, but referred to health and safety regulations which were very clear about load and risk.
Submissions
So far as foreseeability was concerned,
the defender submitted that the skilled witness did not give evidence about the threshold load for the risk of injury and did not give evidence about height and distance in relation to risk. It was submitted that the court required to have evidence about what lesser load and/or height would have avoided injury.
Counsel for the defender submitted that biomechanics and ergonomics are both recognised bodies of knowledge and are separate from the core specialism of the pursuer’s skilled witness, a consultant orthopaedic surgeon, notwithstanding that in the course of studying for the FRCS examinations, there were a number of modules on basic sciences including biomechanics. It was submitted that the issue really was one for an ergonomist which the pursuer had attempted to introduce but with which she had decided not to proceed.
Decision
The sheriff, having regard to the skilled witness’s training in biomechanics, was satisfied that, in principle, and subject to the ground being laid in evidence, he was qualified to give evidence about risk of injury in carrying out lifting at least at the level of principle as to whether certain types of lifting activity carry foreseeable risk of injury. The problem, however, was that the sheriff was not satisfied on the evidence he heard that the skilled witness was in a position to give evidence about possible causation in specific situations. For example, at what carried weight would the risk of injury in a particular lift be more than de minimis; or again, how many repetitions of a particular lifting operation would give rise to a foreseeable risk of injury, and it was evidence at that level of detail which was wanted and required.
The sheriff’s finding was that the pursuer did not suffer loss injury or damage as a result of the defender’s fault and negligence.
Link to the judgment: https://www.scotcourts.gov.uk/media/ gmrpnrrk/2024scedin43-agnieszkaswierzko-against-mathiesons-bakerylimited.pdf
Keith Rix, EWI
Supporting solicitors at every step:
How our partners are here for you
As a solicitor, you’re always helping others, but when you need support, The Solicitors’ Charity is here for you. We understand the challenges solicitors face, whether they be emotional, physical, professional, or financial. That’s why we’ve partnered with trusted organisations to offer wellbeing support when you need it most.
Compassionate support when you need it
Mental health struggles affect many solicitors each year, and we’re here to help. Through our partners LawSight and Onebright, we offer fast access to clinical assessments, therapy sessions, and tailored support to help you through difficult times. Partner, LawCare, offers confidential support specifically designed for legal professionals. Their trained staff provide a safe space to discuss your feelings without judgement.
Support for health and mobility
Managing physical illness or disability can impact your work and home life. Our partners, The OT Practice and selected physiotherapy services, provide occupational health assessments, mobility aids, and therapy to support you in your daily life and career.
Navigating career ups and downs
If you’re facing career challenges or considering a transition, The Solicitors’ Charity is here to guide you. Our partnership with Renovo – The Outplacement Specialists, means that we fund personalised coaching for career changes and returning to work after a break.
Assistance in times of need
Financial challenges can affect anyone – whether it’s job loss, bereavement, or urgent expenses, our partners: PennySmart and Citizens Advice Manchester provide personalised financial guidance, advice on money management and benefits eligibility. Subject to financial eligibility, grants may also be available to qualifying clients.
Take the first step towards getting help
The Solicitors’ Charity and our partners are dedicated to supporting you in every aspect of your wellbeing. Whether it’s emotional, physical, professional, or financial, we’re here to help. It’s okay to ask for help, and we’re here to support you in getting back on track.
And Finally...
Happy belated New Year, and welcome to Chinese New Year of The Wood Snake, (if you this is your birth year 1953, 1965, 1977, 1989, 2001, 2013 or 2025), you are sociable, graceful, and eloquent, with a suspicious jealous side!
Well, I have had a busy start to the year, with the First Council meeting of 2025, meetings regarding the Legal Walk, our Pro bono clinic ( please do let me know if you feel you would like to support this, I
am very happy you have an informal chat with you whenever it is convenient) and I am delighted that Landmark our Patrons have sponsored an afternoon tea to discuss the requirements set out to make sure all practices are moving towards their environmental obligations.
As always, I ask for your input with regards to the bulletin- and what we can do for our members. This edition sees a new member’s page with “Hatched, Matched and Dispatched”.
We also want to share news Likewise, if you or any workmates are completing
a challenge for a local charity- or something similar.
Please let me know if you have anything for any of these topics (or others!), it would be lovely to hear from you. We’re always open to new ideas to make the Bulletin more engaging for our members.
You can find me on email @ sec.nls@ outlook.com, or give me a call 07543 662572
