Norfolk Law Magazine of the Norfolk & Norwich Law Society - www.nnls.org - Autumn 2020
How inclusive is your firm?
In this special edition we focus on inclusivity in the legal profession, wellbeing, and throw in some humour alongside info on our next CPD events.
Norfolk Law - Contents - 3
This issue... This edition, is one to ‘read’ rather than just browse, looking for your colleagues in the pictures! We have articles on diversity and inclusion, wellbeing, a book review and something humorous too, plus the usual NCLS news and CPD update.
Contents 4 Committee
19
A Case Study
5
President’s Report
21
Legacy Bodies and Probate Backlog resolution
6
CPD Well Supported
22
St Martin‘s Homeless Charity
6
Property and Covid
25
Expert Witness Virtual Conference Review
6
Recent Events
26
10 Facts about Able’s Live-in Care Package
7
When work won’t let you sleep
27
New SRA Accounts Rules
9
The Classic Conveyancing Conflict
28
The Legacy of Coal Mining
10
Diversity, Inclusion and Wellbeing
30
Scrutiny and Remote Working Practices
14
The Case of the Vanishing Greenhouse
32
Geodesys offers free of charge SDLT Service
16
Book Review - The Secret Barrister
34
Covid-19’s impact:
19
Providing Access to Justice & Equality
Practice areas by work type
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4 - Norfolk Law - Committee
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Norfolk Law - President’s Report - 5
President’s Report Following what was, by any standard, not the year I had imagined my Presidency would be, I am delighted to report that I have been re-elected for a further 1 year term. I am incredibly proud of the dedication of the NNLS committee members during these difficult times. During the last year we have been able to make membership for the 2020-2021 year free for all law firms. This means that we can continue to support you all with a fantastic programme of CPD events, many of which are at no additional cost. In addition, we have been able to donate funds for the ongoing and vital work that Norfolk Community Law Service undertakes; work that is also made possible by local lawyers providing pro bono advice to those most in need. Over the last months, law firms of all sizes have had to adjust, reflect and adapt to providing their services to clients and have now moved on to consider what the longer term future holds for them. Will this mean more remote working? How will teams be managed in that environment and how will their well-being be effected. Some larger London firms have already announced that they have no intentions of requiring
staff to return to the office and I suspect that the flexibility of remote-working is here to stay. Our region has already very sadly experienced lawyers and support staff facing redundancy. If any of you are affected by that, please do reach out to the committee and we will do everything we can to help. I am aware from contact with other firms and recruiters that the jobs market is far more buoyant than many had feared and I hope that those who have faced redundancy are able to find a new future elsewhere. Finally, with some positive news appearing regarding largescale vaccination programmes, our thoughts turn to what might be a more normal/new normal existence in 2021. With that in mind, we’re continuing to put on a full programme of CPD events and hope to have some social events later in the year. Here’s hoping to seeing all of you in September 2021 for the Annual Dinner. Wishing all of you a very healthy, safe and happy Christmas and New Year. Thomas Bailey President, Norfolk & Norwich Law Society
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CPD well supported
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Norfolk Law - Wellbeing - 7
When work won’t let you sleep...
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Norfolk Law - Advertorial - 9
Acting for Seller and Buyer – The Classic Conveyancing Conflict Lorraine Richardson provides a reminder of conflicts of interest in conveyancing, focusing on one of the key areas where risk can arise: acting for both the buyer and seller in a transaction. Conveyancing solicitors have got more to worry about than conflicts, haven’t they? It might seem that way, but avoiding conflicts of interest is an ongoing professional duty. Also, I would suggest that the current upheaval makes conflicts more likely, and thus more of a risk for conveyancing firms. Solicitors should think carefully about whether their firm should act for seller and buyer in the same transaction. This article is written from the perspective of conflicts in conveyancing for solicitors. Licensed conveyancers are governed by a different conduct and conflicts regime. Anyone considering conflicts of interest should remember that an actual conflict of interest is not the requirement. The purpose of the Code of Conduct is to avoid conflicts arising in the first place. This is why solicitors must always be looking out for a “significant risk” of a conflict. A significant risk is sufficient for the solicitor to decline to act. It may be a cliché, but prevention is better than cure: avoiding a conflict in the first place is far better than trying to clear up the mess if a conflict arises.
transaction because it does not want to lose both sets of legal fees, this is a classic example of the firm putting its own interests above those of the clients. It is fair to say that solicitors’ firms have vastly differing approaches to matters of conflicts of interest: some firms take conflicts of interest very seriously and have a clearly defined process to follow, while others give this little or no thought. Whatever the attitude of the firm to conflicts, I suggest that all staff in a conveyancing team, of whatever experience, should be encouraged to trust their instincts in relation to conflicts and report any concerns to a more senior member of their team. ‘Knowing what you don’t know’ is a powerful risk management tool when it comes to conflicts. Lorraine Richardson is an experienced property solicitor, author and speaker, and Managing Director of property law training provider, Adapt Law Ltd (www.adaptlaw.co.uk)
The reason that identifying a potential conflict and avoiding it is so important is because if a conflict between clients arises during the transaction and the solicitor concludes that they are unable to continue acting, they should inform the clients accordingly, and cease to act. The solicitor should also advise the affected clients to seek legal advice elsewhere and will no doubt lose the costs on the file. When considering whether it is appropriate to act for the seller and buyer in the same transaction, some solicitors will apply the following criteria: • the clients are established clients of the firm • separate fee-earners act for the seller and buyer; and • each fee-earner is based in a different office These may look familiar. These criteria are, in fact, the exceptions to the prohibition for acting for seller and buyer which applied in the 2007 Solicitors’ Code of Conduct. They have not been applicable since 2011. While they might be helpful indicators when considering the overall risk of conflict, they are not in themselves exceptions which allow the firm to act. I suggest the starting point is that the firms do not act for the seller and buyer in the same transaction. The fee-earners involved should try to justify to themselves why they should act, and note their detailed considerations on the file. If the firm decides it can act in this situation, it should then obtain the informed consent in writing from all affected clients, to allow the firm to act. But acting for the seller and the buyer in the same conveyancing transaction should be an exceptional event. It is necessary to ensure that it is in each client’s best interests for the firm to act. If a firm concludes that it should act for seller and buyer in the same
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16 - Norfolk Law - Book Review
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Norfolk Law - Book Review - 17
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Norfolk Law - NCLS News - 19
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Norfolk Law - Advertorial - 21
Legacy bodies welcome Government actions to resolve probate backlog Charity legacy bodies have welcomed a statement from HM Courts & Tribunals Service (HMCTS), which sets out its plans to resolve the delay and backlog of Wills passing through probate. During the pandemic, rising death rates, an increase in incomplete grant applications and challenges to the usual working practices have all put added pressure on the probate system, which had already been struggling due to a surge in applications in spring 2019, as well as the introduction of a new case management system. These pressures have created a bottleneck in terms of legacy notifications and funds. This has a significant impact on UK charities, many of which rely on gifts in Wills for over 30% of their annual voluntary income.1 With 29,000 estates currently held in the system, HMCTS has been working collaboratively with the Institute of Legacy Management (ILM) and Remember A Charity to monitor and address the situation and its impact on the charity sector. In this statement, HMCTS announces that several measures have been put in place to address the backlog and minimise future delays. This includes taking on and training more staff, reducing the waiting time on digital applications and trialling a new digital notifications solution with Smee & Ford. Regular progress data on applications and grants will be published on a monthly basis via the HMCTS website. ILM and Remember A Charity welcome the resolutions and the commitment of HMCTS to continue to collaborate, taking action to ensure that legacy income and notifications can be processed as swiftly as possible. Matthew Lagden, CEO, Institute of Legacy Management, says: “It has been a priority for ILM and Remember A Charity to work closely with HMCTS to keep our members informed, looking at the ways in which we can track and help to resolve delays, particularly during such a challenging year. We are delighted to see that HMCTS has expanded its probate team to help increase capacity, and that Smee & Ford’s digital service is speeding up the current process of notifications. These steps give us confidence that HMCTS has the capacity in place to deal with the backlog and the expected rise in applications through the winter.” Rob Cope, director of Remember A Charity, adds: “Charitable income has been heavily hampered by the pandemic this year, making legacies all the more important in enabling charities to keep their frontline services going. HMCTS recognises how much the sector relies on gifts in Wills and we are hugely grateful for their continued commitment to work with us to resolve the backlog. This commitment not only helps charities to forecast future income, but to plan their vital services going forward.” For more information, see the HMCTS statement here: https://www.rememberacharity.org.uk/media/ wxdfn2nn/probate-hmcts-statement-november-2020.pdf ILM and Remember A Charity will continue to work closely with HMCTS and other partners to ensure that members and the charity sector are kept informed of further progress. Strengthening Charities’ Resilience with Legacies, November 2020 (Remember A Charity, Legacy Foresight, ILM and Smee & Ford)
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St Martins - More Than A Home For The Homeless St Martins is the largest homelessness charity in Norfolk and has been working for nearly 50 years to support people who are homeless and at risk of homelessness. The Covid 19 pandemic caused serious challenges to everybody, from business and education to health services and the charity sector. It is hard to think of anything positive in relation to the virus other than the response to the request made at the end of March 2020 to ‘get everybody in’. What was previously thought impossible was achieved practically overnight; people sleeping rough were offered accommodation immediately. In Norwich, along with their partners, St Martins supported 120 people in emergency hotel accommodation during the Covid crisis. Many of those people are now in secure and permanent accommodation. The need for St Martins’ services continues into 2021 and there is a real desire to ‘keep everybody in’ and continue to support people to live independent and fulfilling lives. More people at risk of losing their jobs and homes means that St Martins services are needed now more than ever. People leaving a gift in their will to St Martins help us make a direct impact in reducing the number of homeless people on the streets. With their generous support, we can ensure St Martins continues to provide valuable support for homeless people and those at risk of homelessness in Norwich for the next 50 years and beyond.
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The Poppy’s When Poppy’s Dog Guardian conta
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Norfolk Law - Event Review - 25
Let’s Hope the cat doesn’t run over the keyboards! The Expert Witness Institute Virtual Conference 2020
Friday, 18th September 2020 An appreciation by Phillip Taylor MBE, Richmond Green Chambers The strange times we live in throw up inventive new ways to conduct our legal business: working from home (WFH). None more so than attending the Expert Witness Institute (EWI) Annual Conference for 2020 held remotely for the first time. And it was a great success with first class speeches, panel discussions and “breakout sessions”.
Amanda Pinto QC, and the vice-chair of the Personal Injuries Bar Association, Sarah Crowther QC, opened an interactive session on “Covid-19: How the Pandemic shaped the role of technology in the courts”. There was so much common sense advice on display that it is worth watching any of the available conference videos to catch the suggestions.
Amanda Stevens, the Conference Chair, began these historic proceedings almost as though they were a regular occurrence. It was a busy and detailed programme aiming as always to cater for current issues which experts face. Predominant is the mystique surrounding “virtual” or “remote” hearings which seem now to be a regular fixture for future litigation. We heard first from Lord Kerr in one of his last remaining duties as a Supreme Court Justice giving the keynote address. Brian Kerr was the last of the Lords of Appeal in Ordinary and he holds a life peerage enabling him to remain in the House of Lords on retirement. His reflections on the legal changes he has seen were fascinating, bridging the gap between the Lords as an appellate committee, to the emerging UKSC. And the remote system for the keynote speech worked well.
Probably the most important points which participants will take with them include the need for more than one computer when you undertake remote work. That is because you need one screen for the hearing itself, either via the Cloud Video Platform (CVP) for similar systems such as zoom, skype or teams. You then need a separate screen for the trial bundle which you cannot turn, or cross refer to in quite the same way as the paper version. Finally, always have a mobile phone as (sadly) it is common for one party or another to lose a connection during the hearing.
Networking and exhibitor sessions were useful dividers between the formal discussions. We were lucky to have contributions from Bond Solon, Redwood Collections, and the New Law Journal. The afternoon breakout sessions covered the more “bread and butter” sessions which I am sure the participants found useful for their professional updates, including these areas: improving practice in inquests; in arbitration; and post-Brexit. The final panel session brought back Penny Cooper for a discussion on “Lawyers and Experts: bringing together Experts and Instructing Parties” with contributions from Duncan HughesPhillips, Frank Hughes, Jennifer Jones, and Robert Clayton.
To reinforce Pinto and Crowther, we were given “lessons from the courts- a panel discussion” chaired by Dr Penny Cooper, with Alexander Hutton QC, Mrs Justice McGowan, and HHJ Nigel Lickley QC from the Old Bailey. Readers will notice how top heavy the conference was with barristers so far. However, they proved the justification of their invitations with some great forensic tips for our new remote age. And at no stage did any of their cats run over the keyboards of their PCs to disrupt proceedings!
We missed EWI chair, Martin Spencer, this year although his welcome note was spot on - little did we know how appropriate the conference theme “bridging the gap” might be! We did end the conference knowing how we could improve our practice and develop our skills to make us fit for the future as lawyers and experts. And I think we all now know what to expect for the 2021 and that the next Conference, whether it is virtual or attended, will always remain professionally rewarding for everyone.
The morning sessions covered what will probably be the most useful for the comments and observations on how we will now use virtual meetings, hearings, and trials for the foreseeable future. The chair of the Bar Council for 2020,
Apart from animals or others contributing to virtual chats, there was also the recurring comments on the appropriateness (or otherwise) of the backgrounds- books rather than beds being the favoured option.
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10 Facts about a Live-in Care Package from Able Community Care
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New SRA Accounts Rules – Where are we now? Monday 25 November 2019 saw the long awaited implementation of the updated Solicitors Accounts Rules. The new rules at their core continue to focus on keeping client money safe, but there is more onus on the individual practices to set out their own procedures, time scales and controls in order to do so. Largely, the SRA expects that firms that were compliant with the old rules will be compliant with the new and this aligns with what we are seeing in the field. There are some new requirements though that are worth revisiting: For matters where the solicitor operates a client’s own account, bank reconciliations must be carried out at least five weekly. This suggests that ledger records must now be maintained for these bank accounts. Guidance from the SRA* acknowledged that this is not practical for all firms and that they could instead maintain a central register of such accounts, a separate record of the transactions carried out in respect of the client’s own account, and a record of the bills relating to that client’s matter in order to avoid a breach. The new rules also no longer specify the exact time limit in which funds should be transferred to office in payment of bills (previously within 14 days). Similarly, there is no longer a prescribed amount of time to deposit client funds into the client account (previously by the next working day). Instead,
the rules say it should be done “promptly.” Firms are therefore encouraged to set out and document their own time frames in their internal policies and procedures documents. This allows firms to set time limits that fit the needs of their business, whilst ensuring client money is protected. It is also now mandatory for bank reconciliations to be signed off by the COFA, and there is no longer a distinction made between professional and other disbursements. Under the old rules, firms could transfer funds from the client account to reimburse the firm for paid or incurred disbursements. Now a bill or ‘other written notification of costs’ must be raised before this transfer is made. Firms need to consider their documentation to ensure that they keep cashflow flowing, without falling foul of the new rules. Any firms that still need help with the new rules and drafting of policies ought to find there is now a better understanding amongst both their peers and professional advisers. Jordan Guymer Accounting Senior at Lovewell Blake LLP * https://www.sra.org.uk/solicitors/guidance/ethics-guidance/ clients-own-account/
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The Legacy of Coal Mining With less reliance on fossil fuels and a push towards more sustainable energy, it seems the life span for coal as an energy source is reducing around the world. In fact, a recent article1 in the Observer newspaper questioned whether we are facing the imminent end of Coal as an energy source in Britain. Looking back through history, UK coal production was around 70 million tonnes a year in the mid-18th century and grew to a peak of just under 300 million tonnes by 1913 according to the UK Government figures. Residential use of the fossil fuel has however largely ended and just eight million tonnes was reportedly used by UK industry in 2019, with only two million supplied from UK sources. Today, UK mining has virtually stopped, having fallen from 3,000 mines at the peak to just 13 now, with coal representing approximately five per cent of overall annual energy usage. From the heights of the industrial era, coal production instead leaves behind a significant and long-lasting legacy that will continue to have an impact on the country, well into the future. Ground stability poses a real hazard for properties located over or even near mine workings for decades to come and is important to consider when transacting properties. In 20192 however, almost a quarter of all residential property transactions were located in coal affected areas. On top of this, over 10 million properties across GB are said to be located in a coalfield area, meaning lawyers have a duty of care for clients – and the lender if a mortgage is involved – to ensure related risks are
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investigated, to limit future claims against professional indemnity. While areas such as Wales, Lancashire or Yorkshire may be considered to have been the country’s primary mining areas, a great deal of mining activity has taken place across the country, so doing research into related ground-stability and mining risks is recommended. I spoke to Phil Huddleston MRICS, a Director of PinPoint Coal Ltd and former Head of Mining Information at the Coal Authority to discuss what lawyers need to consider when undertaking ground stability due diligence on property transactions: “Mining coal below the ground can cause subsidence. With deep mining this lowering of the surface takes place over a relatively short period of time. This can manifest itself as tension or compression strains resulting in damage to buildings or quite simply a lowering of the surface and no damage at all. Shallower workings do not consolidate in the same way and the impact of these can continue for much longer, representing a continued present-day subsidence risk. “When buying a property in an affected area, purchasers should be encouraged to look at mining reports to see if there have been any claims on the property, and if there have, to satisfy themselves that any damage has been repaired. “If we look at one example, in Coventry, a colliery worked under the town of Coundon. We can see that the area affected at the surface by mining activities is in fact much greater than the area of coal itself, which people are often unaware of. We call this the ‘Zone of Influence’ (ZOI) and determining the ZOI is a complex three-dimensional calculation based upon the depth and slope of the workings, together with the surface terrain. “Due to the multiple angles, directions
and depths often involved, it is not sufficient to simply create a ‘buffer’ around a mine. These complex calculations are important and take into account a huge amount of data, which enables us to assess ground stability risks associated with mining activities with a very high degree of accuracy.” Obtaining a Coal Mining Report enables prospective purchasers to be made aware of the risks and in this particular case to see whether there is any history of damage – including where a claim has been made, or even been rejected. The new Landmark Coal Mining Report – powered by PinPoint – provides all the standard answers required by the Law Society together with (as appendices) additional information about mine entries and claims when they are reported. The reports are supported by professional opinion from a Chartered Minerals Surveyor. While coal mining may be largely condemned to the history books, its after-effects leave behind a lasting legacy that certainly means it shall not be forgotten, and cannot be ignored. https://www.landmark.co.uk/landmark-legal Allie Parsons, Customer Success Consultant, Landmark Information Notes 1. https://www.theguardian.com/ environment/2020/aug/09/is-this-the-endfor-king-coal-in-britain https://www.gov.uk/government/statisticaldata-sets/historical-coal-data-coalproduction-availability-and-consumption 2. Landmark Information Group data: Over 10 million properties across GB are situated in a coalfield area – this equates to 27.4% of all properties in Great Britain. In 2019, 23% of property transactions took place in a coal affected area according to transaction data analysed by Landmark Information Group.
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Greater scrutiny required for remote working practices A year after the new Solicitors Regulation Authority Accounts Rules have come into force, the biggest game changer has been the impact of COVID-19 on the legal profession, according to a partner at accountancy and advisory firm, MHA Larking Gowen.
John Atkins (pictured), who is a partner in the East Anglia-based firm’s legal team, said remote working was likely to lead to an increase in SRA rule breaches as well as a reassessment of legal practices’ business strategies. He said remote working has made legal firms more open to the possibility of targeting clients who are further afield.
Breaches are more likely to arise as a result of the pandemic and the change in working practices, for which operating systems and internal policies will need to be revised accordingly.” The firm’s national legal sector survey looked at over 100 legal practices who were asked what challenges they faced as a result of COVID-19. The survey provided insight on how the sector is responding to the challenges, focusing on seven key areas, including fee income, cashflow, business strategy, and working practices going forward. “One of the big current issues arising from COVID-19 is the professional indemnity insurance renewal process. There will be a lot of scrutiny from insurers about how firms reacted to new working conditions under COVID and whether sufficient protections are in place,” John said.
John explained, “A recent client survey we conducted has shown that when we went into lockdown 1, 85% of firms reported a downturn effect on legal fee income. This has since been partially offset by an upturn in business post the initial lockdown, most notably within the conveyancing and family law business units. However, the surge in demand for these business units has put increased strain on professional practices, in an already challenging environment.”
He continued, “MHA Larking Gowen offers a health check assignment for new and existing clients to assist with the practical issues that have arisen as a result of the pandemic.
Continued John, “As far as rule breaches are concerned, these do not seem to have arisen from any confusion over the new rules, which by and large have not significantly impacted the way businesses operate.
For advice and information about any of the issues in this article, please contact John Atkins on 01603 624181 or email john.atkins@larkinggowen.co.uk
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“Similarly, if a practice is unsure about any other compliance issues, they can come to us for advice. Early action can prevent significant issues further down the line.”
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The Poppy’s When Poppy’s Dog Guardian conta
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Geodesys offers free of charge SDLT service as the market bounces back As the property market resumes following the gradual lifting of lockdown measures, figures from HM Revenue and Customs have shown that property sales rose by and incredible 15.6% in August accompanied by a significant increase in house prices(1). • Information is validated before submission to HMRC. This allows you to correct any human errors which would result in rejection. • Instant SDLT5 certification – no long turnaround times • Has a comprehensive GDPR toolkit allowing you to search, edit, export and mark to delete your client’s personal data • Drafts can be saved at any time - no need to complete in one go • No training is required, and the submission can be made directly and securely from the Geodesys platform.
Although experts are predicting that the boom is not sustainable, current sales are also being boosted by the Stamp Duty holiday introduced by the Chancellor in July. This sees the stamp duty threshold increased to £500,000 until the end of March 2021. Although first time buyers were already exempt from SDLT on property purchases up to £300,000, the recent additional reduction of SDLT, has been designed to stimulate the overall market and is certainly playing a role in supporting house sales. It’s a great time to take advantage of our SDLT offer(2) To help support our conveyancing customers, we are currently offering our simple and efficient Stamp Duty Land Tax (SDLT) service FREE OF CHARGE until 31 March 2021. Our online SDLT solution allows you to quickly and securely submit your SDLT returns from within your case. But, perhaps more importantly, the service provides complete peace of mind as the online returns process is fully-compliant with the Law Society’s Conveyancing Quality Scheme (CQS) and Core Practice Management Standards. Our post-completion SDLT solution offers you the following benefits:
• Meets the Law Society CQS CPMS 1.2 requirement for an audit trail and third-party review process • Pre-populates the forms based on the information already stored in the Geodesys case file, alleviating the need for duplication when completing the AP1 form
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Johnny Davey, Conveyancing Product Manager from Geodesys commented: “We are delighted that the property market is seeing considerable growth at the moment, following the substantial pause during lockdown. Thanks to our technology-based service, we as an organisation have been able to continue with business as usual throughout and we have a full customer services team in place to support clients.
“Now that the market bouncing back so rapidly, we are delighted to offer a little something back to our dedicated customers by offering our efficient SDLT service free of charge.” The SDLT service is just one of a number of tools Geodesys offers to provide a seamless and compliant ordering process for property searches. To find out more about our SDLT and our full range of conveyancing services, please visit www.geodesys.com or email Kay Toon, our Key Account Manager at kay.toon@geodesys.com.
Notes: (1) The Times, 23 September 2020 (2) Free of charge SDLT offer ends 31/03/2021.
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Covid-19’s impact: Practice areas by work type By Julian Bryan, Managing Director, Quill protection applications are up and property and investment values are also in flux or freefall. This all makes financial settlements harder to achieve. Correspondingly, HM Courts and Tribunals Service has seen an increase of 17% in receipts of family and divorce matters. These government figures are based on matters progressed to court, which are slightly fewer due to court closures and halted trials. According to the latest Law Gazette news, family courts now face a backlog, further exacerbated by complications caused by the drastic altering of financial circumstances and prioritisation of child protection cases, as intimated above. Further upheaval is expected following the summer and Christmas holidays, and not to mention Brexit, as reciprocal agreements around custody remain unclear. For family lawyers, then, it’s a busy time both now and ahead. Private client law Quilldex saw a 36% hike in private client matters such as LPAs, inheritance, probate, wills and tax. The reality that we must all confront our own mortality is leading to many using this time to get our affairs in order and plan for the future. Reinforcing the upsurge is HM Courts and Tribunals Service who confirmed an influx of probate applications relating to coronavirus and Office of National Statistics (ONS) figures finding deaths from 7-13 September 2020 were 5.4% higher than the five-year average. Conveyancing The upswing in matters is amongst its most apparent in conveyancing. Here, daily new cases fell to around a third of normal levels in April, indicated by a 64% drop, due to the lockdown and mandated halts placed on property moves by our government, but this is now running at 49% above the benchmark.
Showing clear signs of recovery in the sector, legal activity in September bounced back to an average of 19% more than pre-Covid levels, according to the legal matters benchmarking tool, Quilldex. At its lowest point, Quilldex reported overall cases dipped by 36% in April 2020, but this has now rebounded to 19% in September 2020, buoyed by family law (25%), private client law (36%), conveyancing (49%) and employment law (49%). Let’s take a deeper look into these areas of rebound. Family law The emotional pressures of isolation and lockdown have taken an unfortunate toll on families. Compared to January, we’ve seen a 25% rise in September in family law matters relating to divorce, childcare and financial remedy due to relationship breakdowns. Child
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This trend follows a revival in the property market since lockdown restrictions were eased, and chimes with Land Registry data showing that applications in June were 64% higher than in April. In addition to the large-scale reopening of the property space, other ramifications to the housing market come in the form of the current stamp duty holiday, further incentivising buyers to proceed with house sales and adding to conveyancers’ workloads. Employment law Employment case numbers correlate to key dates in the Coronavirus Job Retention Scheme calendar, which defined deadlines for furloughing employees. Said to be costing the government £60 billion by the Office for Budget Responsibility, take up of the scheme relates to claims for almost 10 million jobs. On top of this, the ONS reports that unemployment grew by 4.1% in the three months up to July, leading to a spike in employment tribunal cases from people challenging decisions about lost jobs.
The Ministry of Justice has published data showing that 39,093 single claims and 5,915 multiple claims are now outstanding in the employment tribunal. These factors culminate in a heavierthan-usual caseload for employment lawyers. In Quilldex, this plays out in notable highs (average 57% increase in August) and modest lows (average 31% drop in April). More steady areas – legal aid, criminal and immigration Legal aid is one of the steadiest graphs in Quilldex, although even that showed a rise of 10% at its September average, perhaps better mirroring ongoing cuts to legal aid rather than any Covid phenomenon. The criminal graph is also relatively steady, albeit with a peak of 17% rise in activity in September and trough of 52% in April. Nightingale courts have been opened to alleviate the pressure on the court system in dealing with approximately 550,000 outstanding criminal cases; the backlog of which has grown as a result of coronavirus and the subsequent inability of courts to function safely for much of the year. While immigration matters dipped by 53% in May and stayed low throughout the summer months, it eventually rose by 11% in September. With widespread travel restrictions including entry and exit bans in the UK, combined with the Brexit effect on employers and universities, immigration has remained a constant source of work for solicitors throughout the coronavirus outbreak and is expected to continue up to the transition period for leaving the EU, which ends on 31st December 2020. Slower areas to recover: Commercial and civil law Quilldex suggests commercial law being slower to recover with September rates being 19% lower than January’s, painting a picture of instructions increasing gradually as business activity resumes and contractual relationships become more complicated, thereby demanding input from legal experts.
The reason for the shift in focus from on-premise to cloud-hosted applications is straightforward. The former is installed on a company’s own servers, and is accessed on-site and nowhere else. The latter is deployed via a cloud computing model for anywhere, anytime, any device access via an Internet connection. Enabling staff to do their work from home efficiently and securely without interruption is now a foremost concern for law firms. Essential technology infrastructure is a crucial part of business continuity and disaster recovery plans for any legal practice keen to weather the storm and keep servicing their clients virtually. In summary If law firms have learnt one thing in 2020, it is to hope for the best and prepare for the worst. And not even the most pessimistic individual could have imagined how 2020 would turn out. After a difficult few months, it is heartening to see new instructions returning rapidly to pre-pandemic levels in so many areas of law, and in many instances exceeding them. This year has confirmed like no other that the law is a robust sector with plenty to look forward to as the UK continues its journey back to (some sort) of normality. About Quilldex Quilldex is based on new matter openings from a representative sample of Quill’s Interactive software users, comprising 7% of all law firms across England, Scotland and Wales. Current figures are based on average monthly activity rates against January 2020 as a baseline. By launching Quilldex to the market, its data gives law firms assurance of their own recovery as well as confidence to progress with planning and investment initiatives over the rest of 2020 and into 2021. To learn more, visit: www.quill.co.uk/quilldex.
In comparison, civil law saw a 56% increase in matters compared to January, likely due to the aforementioned complex contractual provisions and ensuing disputes, amongst other civil-related legal affairs. Planning for the future with technology While the adverse impact of coronavirus has been felt by us all and Covid-19 itself deemed a catalyst for change, the positive is that law firms have adapted well and are in a strong position to secure the future of their businesses. Technology plays a vital role in optimising operating models and reinforcing strategic plans, and now, accelerating growth during uncertain times. Never before has the digitisation of traditional ways of working been more in the spotlight. Modern, more virtual-friendly law firms are the way forward, and having cloud-based software is one tool to success.
Julian Bryan is the Managing Director of Quill, which helps law firms streamline and run their practice better by providing simple and easy-to-use legal accounting and case management software, as well as outsourced legal cashiering services. Julian has been an advocate for quality software standards and served as the Chair of the Legal Software Suppliers Association from 2016 to 2019. He can be reached at j.bryan@quill.co.uk.
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