Pears - Worcestershire Law Society Magazine Issue 32

Issue 32 Summer/Autumn 2019

Challenge HCR team raise 8K for Three Counties charities - p.17

ALSO: • New Partners for HCR • Taking Control in Adverse Possession • Hats On for Headway! • GDPR One Year On & much more...

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Issue 32 Summer/Autumn 2019

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Committee Members and Member Firms

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GDPR - One Year On

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President’s Introduction

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Taking Control in Adverse Possession

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Reducing Divorce Stress

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Three Peaks Challenge Raises £8,000

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New Partners at HRC

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Domestic Abuse Advocate receives President's Award

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HRC Leaders in their field for Private Client Advice

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The Worst Expert Witness

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Ground Hazards Advertorial

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DNA tests and aiding the transgender community

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mfg Donates to Breast Cancer Charity

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Nothing stays the same; is everything changing?

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Employers Warned About Covert Recording

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The Risks Of Misunderstanding A Will

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Law Firm Partners With Professional Will Writers

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Bromsgrove School

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Navigating The Challenges Ahead

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Fridays At Quill

Hats On For Headway!

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Committee Members James Osborne President Harrison Clark Rickerbys josborne@hcrlaw.com

Visit our website: www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety

Nick Hughes Committee Member Painters Solicitors NAH@painters-solicitors.co.uk

Alex Phillips Secretary mfg Solicitors LLP alexandra.phillips@mfgsolicitors.com

Priya Tromans Treasurer Barrister, St Ives Chambers priya.tromans@stiveschambers. co.uk

John Aldis Committee Member Barrister, St Phillips Chambers jaldis@st-philips.com

Laura Osborne Admin and Events Headturner Search laura@headturnersearch.co.uk

Andrew Chandler Editor of Pears mfg Solicitors LLP andrew.chandler@mfgsolicitors.com

Lara Wilkinson Harrison Clark Rickerbys LWilkinson@hcrlaw.com

Patricia Beeching Immediate Past President Committee Member Family Law Consultant, Hallmark Hulme Solicitors.

Law Society Council Member for the Welsh Marches.

Pat.Beeching@hallmarkhulme.co.uk

Worcestershire Junior Lawyer Division JLD Charlotte Perry Chair cperry@thursfields.co.uk

George Charteris Treasurer George.charteris@hallmarkhulme.co.uk

Holly Mulligan Social secretary Hallmark Hulme

Luke Crocker Vice Chair Luke.Crocker@ hallmarkhulme.co.uk

Georgina Hunt Social Media Secretary HCR

Jessica McSorley Social Secretary jessica.mcsorley@mfgsolicitors.com

Abbey Jones Secretary MFG abbey.jones@mfgsolicitors.com

Rachael Wheeler National JLD rep rwheeler@hcrlaw.com

Joeli Boxall Social secretary QualitySolicitors Parkinson Wright (Shared role)

Chelcie Evans Social secretary QualitySolicitors Parkinson Wright (Shared role)

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President’s Introduction Dear WLS members, It is an honour and a privilege to be able to write to you as your newly appointed President.

I must first thank my predecessor, Pat Beeching, for all her hard work during her tenure.

Thankfully, the committee remains ably assisted by Pat who continues as our Council Member.

My first event as President saw the annual WLS Quiz take place at WCCC. Congratulations to our worthy winners, The Damp Squibs, after a tiebreaker question. It was an excellent turnout and I hope to see many of the teams at the next annual quiz.

It was a shame to see our evening at the cricket rained off. We shall hopefully secure some tickets next summer for another T20 match.

Our last event saw us join up for the first time with the

Worcestershire Group of Chartered Accountants and the Worcestershire Agricultural Valuers Association for our end of summer party at Browns on 13th September. It was great to see so many WLS members attending along with a strong showing from the WJLD. Thanks must go to St Ives Chambers who generously sponsored the event. The sun was shining, the drinks were flowing and I’m sure everyone who came along will agree that it was a great evening.

One of my aims during my time as President is to support more charitable causes. The committee are discussing a charity we will support throughout the year and if any members have any ideas in that regard then please do let me know. In the meantime, we were able to support The Prince’s Trust at the end of summer party. A big thanks to the fundraising team who came along and organised the raffle.

Finally, if at any stage any of you have any ideas or queries about the WLS and how it can help you or your firm more then please do let me know. I would love to hear from you.

James Osborne President, WLS

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News News News News News News

Andy Caldicott Reducing divorce stress – local law firm leads on digital pilot scheme Local law firm Harrison Clark Rickerbys (HCR) has been asked to take part in a pilot scheme to cut the stress and complexity of divorce, allowing couples to sort out their finances online in less than half the time it currently takes on paper.

The project, run by the Courts and Tribunal Service for the Ministry of Justice, is part of a larger scheme to enable people eventually to apply for and process their divorce online.

The online divorce process has been launched, with thousands of applications already successfully processed. The next step, in which HCR is involved, for couples to sort out their finances online through consent orders, is being piloted and is likely to be open for public use towards the end of the year.

Andy Caldicott, head of family law at Harrison Clark Rickerbys, said: “We were asked to take part because we have a large and established family law team and we file a high volume of these orders – taking this system online will make the process quicker and easier for all concerned. Divorce is quite stressful and difficult enough and cuts to central funding have made it worse, but the pilot means that the process moves much more smoothly for our clients.”

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New Partners Anthony Goodfellow, Charlotte Measures and Alan Meiklejohn.

The pilot scheme aims to overcome barriers in the existing system which make the process harder for people to handle – at the moment, there are few simple ways to handle any part of the divorce process and it is largely paper-based, which takes more time and money to handle than an online system.

Andy said: “It is a real advantage for our clients to be able to use this system ahead of its public launch and we hope that our, and their experience, helps to inform and improve it ahead of its roll-out. We also now use the online divorce system which has been piloted, which makes life much simpler for our clients and us.”

Harrison Clark Rickerbys has more than 500 staff and partners based at offices in Hereford, Worcester, Birmingham, Cheltenham, the Wye Valley, the Thames Valley, Cambridge and central London, who provide a complete spectrum of legal services to both business and private clients, regionally and nationwide.

The firm also has a number of highly successful teams specialising in individual market sectors, including health and social care, education, advanced manufacturing, agricultural and rural affairs, defence, security and the forces, and construction.

Three new partners for growing law firm Three new partners have been created in spring promotions at Harrison

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Clark Rickerbys and its sister company Medical Accident Group.

Alan Meiklejohn, restructuring and insolvency expert in Worcester and Birmingham, Anthony Goodfellow, who specialises in real estate based in Hereford and the Wye Valley, and Charlotte Measures, who is a clinical negligence expert based in Medical Accident’s team in Birmingham, takes the firm’s tally of partners to more than 90.

In promotions across the firm’s eight offices, James Osborne becomes a senior associate in the family law team, and six move to become associates, three of them in the dispute resolution team; Jodie Boston, Daniel Godfrey and Kate Hallifax.

Lauren Nash from family law, Tarnjeet Rehal in real estate and Mandip Riar in corporate also move up the ladder; for Mandip, this follows her award for Junior Solicitor of the Year from Worcestershire Law Society.

Finding solutions to clients’ problems is a common theme for all three new partners – Alan said: “I enjoy finding a solution to situations where there are competing interests, and the problem solving to achieve the best results for my client and the other key stake-holders of a business with financial issues.”

For Charlotte, the focus is on supporting clients who have often had to struggle with an unwieldy NHS complaints system first.

News News News News News News She said: “My clients often want answers, an apology and a reassurance that what has happened to them will not happen to another patient. Everyone is concerned about issues of patient safety and, where mistakes are made, my clients need my support in claiming fair compensation for injuries they have suffered which, at times, can be life-changing.”

expertise in private wealth law, leads the team, helping clients with estate and tax planning matters. "She's quite the brilliant mind," said one interviewee, "she thinks the things you wouldn't. She's built up a wide portfolio of great clients and when it comes to estate planning, she's just a wealth of knowledge."

Beth King-Smith, who is one of only three top-ranked lawyers across the entire Midlands region for her work in private wealth disputes, leads the firm's disputed wills, trust and estates team, acting for largely landed or agricultural clients in the Worcester and Birmingham area.

Anthony said: “I enjoy being a part of a successful project and helping clients understand and work with the law and achieve their objectives. It is exciting being part of the growth and progress of the firm; we have a great team here.”

Rod Thomas, the firm’s managing partner, said: “We want to encourage talented and ambitious people to progress through the firm as we grow, and promotions are important, both for those directly involved and to make it clear that we value and reward those who are really committed to clients. I congratulate all those who have been promoted.”

Leaders in their field for private client advice Awarded top-level ranking for legal advice to private individuals across the Midlands, nationally and internationally, law firm Harrison Clark Rickerbys has been singled out by its clients and peers as forward-thinking, technically accomplished and approachable.

The ranking for the firm’s private client team in Chambers and Partners’ High

Dawn Oliver Net Worth Guide describes the firm as a "well-known and strong presence in Worcester," according to market insiders, who add: "They are a very professional and forward-thinking firm with a good name in the area." The team assists with estate administration, trusts, wills and business succession planning.

The firm also has recognised litigation capabilities, advising on wealth and trust disputes.

"They are certainly approachable in a warm and friendly manner," one interviewee said, adding: "The technical depth across their teams is the best we've come across."

Dawn Oliver, the only ranked lawyer for Worcestershire and Herefordshire for

"She's a force of nature," said a local lawyer, "she has a magnetic ability in terms of the level in terms of the quality of client work she produces. It's counterbalanced with a real understanding of clients and an ability to develop rapport. I'd say she's a tenacious litigator but manages to balance the technical competence together with the sensitivity to clients."

Dawn said: “This is great recognition of the team’s work and reflects their dedication to clients’ needs. I am delighted that we have been acknowledged in this way.”

YOUR ATTENTION PLEASE There was a clerical error on page 9 of the Spring Edition, where it refers to Thursfields instead of HCR as supporting the Good Friends and Carers Awards. Apologies to all concerned.

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Ground Hazards – do you always need a search?

Index Property Information cover your risk on every property.

The answer to this question is – no. A diligent property professional will always recommend undertaking searches for each transaction, so the purchaser can paint an accurate picture of any hazards and restrictions that may affect their future home. Certain environmental risks such as contaminated land, radon and flood are relatively well understood and established in general due diligence during the conveyancing process, however other environmental hazards, notably mining, natural ground perils and planning are not.

When assessing ground risks, historically, little information was available up front and poor data meant that these hazards were only assessed in larger reports. At Terrafirma a vision to improve data, increase transparency and educate about ground hazards has led to a change in the way these risks are perceived and assessed. Using hundreds of data sources, emerging technologies and geological context, it is now possible to more accurately screen areas of ‘risk’ – meaning large, expensive reports are not required on every case. Where risks are identified, geologists and geoscientists can focus on providing an expert opinion, improving due diligence for property professionals and advice for clients.

and conditions, including £10 million Professional Indemnity (per certificate) and a professional opinion that will state that no risks have been identified that will impact upon the ongoing use of a property or site. This certificate provides peace of mind for a property professional, knowing their due diligence is complete as this report has not just looked at data, but interrogated advanced risk models.

Coal Bell-pit/ shallow workings collapse in residential property driveway in Wednesbury, 2018. Copyright: Tom Backhouse 2018 The Ground Report Where hazards have been identified – The Ground Report provides an expert professional opinion, risk assessment and risk transfer, using data-driven technology solutions to model and intelligently analyse the potential impact of all mining and natural ground perils on property and land purchases, mortgage lending and development activity. Innovative updates such as the unique ‘proof of movement’ module including use of Sentinel-1 satellite data in association with partners CGG, highlight Terrafirma’s vision of driving forward our understanding of the ground.

It is this approach that highlights Index’s mission to educate professionals surrounding ground hazards and while a professional opinion is so important, they can be assessed in an efficient, inexpensive and innovative way.

Please contact Index Property Information to arrange a CPD event or order your reports T: 0121 546 0377 E: westmidlands@indexpi.co.uk

Assure Insurance Certificate Index work with Terrafirma and with the site specific screening available for both mining (coal and non-coal) hazards and natural ground perils. When no hazards are identified – we offer the unique Assure certificate. A product that covers almost a third of the country. This simple, instant certificate includes robust terms

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News News News News News News smartphones means more staff are recording conversations at work – sometimes for malicious Sally Morris, partner at reasons - and mfg Solicitors employers may not be able to stop them unless they have appropriately drafted policies and procedures in place.

Elaine Scrafton from Worcestershire Breast Unit Haven (centre) with some of the staff from mfg.

Kind-hearted donation law firm donates to Worcestershire Breast Cancer Charity A Wyre Forest law firm has donated over £3,500 to a Worcestershire breast cancer charity as part of its ongoing fundraising efforts.

Staff at Kidderminster’s mfg Solicitors have held events throughout the past year for the Worcestershire Breast Unit Haven, which provides vital clinical and emotional support to people with breast cancer.

The law firm’s events, which included quizzes, a charity barn dance, the firm’s very own ‘bake off’ final, and staff taking on the gruelling Wolf Run, were mostly held at their Adam House headquarters on the town’s Birmingham Road.

Kirsten Bridgewater, partner and head of mfg’s CSR committee said: “Once again the staff at our Kidderminster office and our CSR representatives have made a great contribution to our fundraising efforts. There has been a huge dedication to running some brilliant, fun events over the past 12 months and importantly, that has helped us to donate to such a worthy cause here in Worcestershire.

“The team at the Worcestershire Breast Unit Haven are simply amazing and have helped treat one of our colleagues. They

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do so much for people who suffer from the disease each and every day – but also for their families too. I hope our donation will help make a difference to the lives of people who rely on the charity.”

Elaine Scrafton, from the Worcestershire Breast Unit Haven, added: “We rely on donations to keep the facility open and maintain our high standards of care and support. We are thrilled that the team at mfg Solicitors in Kidderminster chose us as their office charity last year and they have made a huge effort. We cannot thank them enough.”

Ms Bridgewater added that mfg Solicitors will announce its chosen charities for 2020 in the coming weeks following a staff vote.

For more information on the Worcestershire Breast Unit Haven, readers can visit www. worcsbreastunithaven.com.

Employers warned on secret staff smartphone recordings Employers across Worcestershire are being warned their disciplinary procedures may be out of date when it comes to the rights of staff covertly recording conversations.

The alert has been issued by leading employment lawyer Sally Morris who has warned that the increasing use of

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Ms Morris, partner and head of the employment division at law firm mfg Solicitors, said a recent ruling by the Employment Appeal Tribunal has provided long-awaited clarification about whether staff can be dismissed for secretly recording conversations without their colleagues’ consent.

The Tribunal has found that unless covert recordings are mentioned in disciplinary procedures, they may not be considered acts of gross misconduct.

Ms Morris said: “Employers need to consider updating their disciplinary procedures to take account of covert recordings, which are becoming more and more common as smartphone apps make it easy to record conversations in high quality audio.

“Although the Tribunal said it is good practice for anyone to reveal their intentions to record a meeting and seek consent, it won’t automatically be considered an act of gross misconduct.

“It needs to be included in the disciplinary procedure – something employers rarely include because many have rules dating back to before smartphones were such an integral part of people’s lives. That means they may not be able to lawfully dismiss a worker who has recorded a colleague without consent.”

Ms Morris added that some staff recorded meetings with their bosses if they want to use the conversation in evidence during grievance procedures or Tribunal Proceedings. Others may record conversations with their colleagues because of a personal dispute or for malicious reasons.

News News News News News News She added: “There are protections for whistle-blowers and those who make covert recordings to expose wrongdoing.

“However, unless the act of covert recording is categorised as an example of gross misconduct, then there is very little an employer can do. Those procedures need to be reviewed and updated before it’s too late.”

Ms Morris can be contacted for advice through www.mfgsolicitors.com or by calling 0845 55 55 321.

Law firm partners with professional will writing organisation A leading Worcestershire law firm has been chosen as a partner for a professional will writing body.

The Institute of Professional Will Writers (IPW) has chosen mfg Solicitors due to its reputation in handling a wide variety of complex contentious probate matters. The decision, following a rigorous selection process, is seen as a mark of trust in mfg’s extensive probate and private client services.

It also means mfg, which has offices across Worcestershire, Shropshire and in central Birmingham, is being recommended to scores of clients by a trusted self-regulatory body.

Robert Weston, partner at mfg Solicitors, said: “Our reputation is built on decades of trust and reliability.

Robert Weston

“While we are a firm anchored in the Midlands, we were selected through an IPW nationwide search for a specialist contentious probate provider. It is a proud moment for us and proves our credentials as a national firm when it comes to contentious probate cases.”

Regular commentators on probate issues, aside from Mr Weston the team includes partner Suzanne Lee and associate Andrew Chandler. Both Mr Weston and Ms Lee are also members of The Association of Contentious Trust and Probate Specialists (ACTAPS).

The IPW is a not-for-profit organisation which puts consumer protection at the centre of its work. It works with the Legal Services Board, the Competition and Markets Authority, the Office of the Public Guardian and the Chartered Trading Standards Institute to raise standards within the will writing sector.

“We also thought it was important that using the service is not dependent upon the agreement of the other party. We will run it on a trial basis and review its effectiveness and identify any teething problems at our Annual Adjudication Conference on 14 November 2019.”

Mr Weston can be contacted for advice through www.mfgsolicitors.com or by calling 0845 55 55 321.

Andrew James, Head

For more information on the Institute of Professional Will Writers visit www.ipw. org.uk TeCSA Low Value Disputes (LVD) Adjudication Service

of Construction and Engineering at Harrison Clark Rickerbys LLP, and a member of TeCSA’s Adjudication SubAndrew James Committee, who helped to develop the pilot scheme, said: “There

Bringing down the cost of low value dispute adjudication

is considerable evidence that the costs of adjudication both in terms of adjudicators’ fees and legal and claims consultants’ costs, are proving a disincentive to parties to use adjudication for resolving low value disputes.

Making adjudication more accessible so that low-value disputes can be resolved quickly and economically, the Technology and Construction Solicitors Association (TeCSA) have launched a fee-capped low value dispute (LVD) adjudication service.

“We cannot control people’s legal costs, but we can help to make adjudication more attractive and improve access to justice by having a service where adjudicators’ fees are capped, depending upon the value of the claim.”

The service, aimed at claims for the payment of up to £100,000 (excluding VAT and interest), will have capped adjudicators’ fees The maximum adjudicator’s fee will be £5,000 excluding VAT for claims between £75,001 and £100,000, with a sliding scale of fees for lower value claims.

TeCSA already runs an adjudication service and has over 80 adjudicators on its panel. Adjudicators on the existing panel include not only solicitors but also quantity surveyors, engineers, architects and barristers.

The new service, which comes into effect from today (June 21), will be run by TeCSA on a pilot basis until November 2019 and will be available for claims for payment of a specified amount of up to £100,000. It will apply to disputes under construction contracts which fall under the Construction Act (primarily between businesses) or to disputes under contracts which contain adjudication rules under the Construction Act’s Adjudication Scheme (for example, under a JCT Minor Works Contract with a residential occupier) or similar rules.

Neal Morris , Head of Construction

TeCSA chairman Caroline Pope, a partner at Bryan Cave Leighton Paisner LLP, said: “As has

often been said, cash flow is the life blood of the industry, and so we hope that this new LVD service will enable parties who have not been paid to have greater certainty as to the costs of adjudication.

Advisory & Disputes at Pinsent Masons Solicitors and Chairperson of the Adjudication Sub-Committee of TeCSA, said: “We initially consulted with

our existing panel of adjudicators at last year’s annual conference and have since got the agreement of the majority of our adjudicators to take part in this low value dispute service - we hope that it will prove successful and provide a valuable service to the construction industry.”

Further details of the service and guidance are provided on the TeCSA adjudication website at https://www.tecsa.org.uk/ tecsa-adjudication-service. Any queries or comments, please contact Andrew James at Harrison Clark Rickerbys at ajames@ hcrlaw.com.

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News News News News News News Hats on for Headway as law firm backs Worcestershire charity It helps people to work towards regaining daily living skills, to improve life after brain injury, and has day centres in Kidderminster, Bromsgrove and Worcester, where sessions are focused around practical and social activities. It also offers an outreach service.

Peter Savage, partner with Medical Accident Group (MAG), said: “An acquired brain injury will often have a devastating impact on not only the individual but also their family. The nature of Headway Worcestershire, their clients and the work they do, is exactly what we at MAG care about most, and we want to do all we can to help them to support more people across the county.�

Both firms are taking part in the fundraising effort, so visitors and shoppers at the Cathedral Square end of Worcester might see some interesting headgear on Friday.

Lawyers at sister companies Medical Accident Group and Harrison Clark Rickerbys are letting it go to their heads when they don silly hats for the day to raise money for Headway Worcestershire on Friday (May 24).

The charity, which is part of the national Headway network, is almost entirely self-funded, so donations are vital. It supports people who have suffered a brain injury after traumatic experiences, illnesses or other accidents, providing personalised rehabilitation programmes.

Medical Accident Group is dedicated to working for those who have suffered medical negligence or a serious personal injury. Its leading lawyers are amongst the most experienced in the country. They contribute to seminars and education courses on the experiences and after-effects of catastrophic injury and medical accidents, and also regularly host presentations and conferences to inform the medical profession and other solicitors of the effects of negligence and injury.

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Delegates flock to event marking GDPR – one year on

(L-R): James Ashe, Eric Alter, Tracy Evans, Steven Murray, Rachael King, Robert Capper and Charles Drayson

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ore than 80 delegates gathered for Harrison Clark Rickerbys’ ‘GDPR – One Year On’ event last week to share their own experiences and learn from six expert speakers, including Tracy Evans from recruitment firm Pertemps, Eric Alter of insurance broker and risk adviser Marsh and James Ashe of PR firm Alias.

They were joined at Hilton Puckrup Hall, near Tewkesbury, by speakers from HCR Rachael King outlined the practical impact of GDPR, which has changed the national and international approach to data protection.

Steven Murray tackled the thorny subject of data breaches and how some very simple measures could offer vital protection and Charles Drayson addressed the effects on a global business, outlining the work needed by client NetDocuments to ensure they, as a cloud-based business, stayed within the new regulations.

The General Data Protection Regulation (GDPR) came into force on May 25 2018, and requires a new approach to data protection so that personal information held on individuals across the EU has more restricted use and is easier to remove from databases.

Led by Robert Capper, head of sectors for

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HCR, the event brought together companies as diverse as a specialist equestrian clothing firm and a multi-national advanced manufacturer, to hear the speakers talk about their own experiences of GDPR and offer advice on the way forward.

Robert said afterwards: “The feedback from delegates was universally positive – it gave them practical advice for the next stage of their data protection work and our external speakers were able to share their experience of GDPR in practice, which is always invaluable.”

One delegate said afterwards that it was an “excellent event, with very relevant topics and pragmatic presenters”, while another agreed, saying it was “very interesting and as always, plenty for us to consider.”

Tracy Evans talked about the long process of uncovering data stored in different ways across the business, making it compliant and embedding a different approach in a business which holds millions of personal records at any one time.

James Ashe gave advice on handling the fallout from a data breach, advising companies to acknowledge the problem, act quickly and tell the truth, aiming to limit the damage to their

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reputation and the trust placed in them by customers and suppliers.

Eric Alter addressed the need for crisis management planning, stressing that cybercrime is now very big business, both for those carrying it out and their victims, with highly sophisticated strategies being used to hold companies to ransom.

With interactive voting, the event included a panel Q and A, round table discussions and one to one sessions afterwards with individuals.

Harrison Clark Rickerbys has more than 500 staff and partners based at offices in Worcester, Cheltenham. Hereford, Birmingham, the Wye Valley, the Thames Valley, Cambridge and central London, who provide a complete spectrum of legal services to both business and private clients, regionally and nationwide.

The firm also has a number of highly successful teams specialising in individual market sectors, including health and social care, education, advanced manufacturing, agricultural and rural affairs, defence, security and the forces, and construction.

To find out more please contact Rachel Evans on Tel: 07970 101451 E: revans@hcrlaw.com

Taking Control in Adverse Possession By the time the matter reached the Court of Appeal, the issue was simply this: had Mrs Thorpe established factual possession of the disputed land by the laying of the 1986 paving and the continuation of that paving on site?

Summary of the Law

First, a quick summary of the established legal principles. In Powell v McFarlane (1977) 38 P&CR 452, Slade J said:

John Aldis

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isputes often arise between neighbours over shared driveways.

Where one of the parties is advancing an adverse possession claim to a portion of disputed land, a key question is: what acts constitute factual possession? Is parking on a driveway sufficient? What about cleaning it, weeding it or resurfacing it? Thorpe v Frank [2019] EWCA Civ 150 provides helpful clarification.

“(1) In the absence of evidence to the contrary, the owner of land with the paper title is deemed to be in possession of the land, as being the person with the prime facie right to possession. The law will thus, without reluctance, ascribe possession either to the paper owner or to persons who can establish a title as claiming through the paper owner.

(2) If the law is to attribute possession of land to a person who can establish no paper title to possession, he must be shown to have both factual possession and the requisite intention to possess (“animus possidendi”).”

Facts of Thorpe v Frank

Mrs Thorpe and Mr and Mrs Frank lived in neighbouring properties: No. 8 and No. 9. Mrs Thorpe acquired No. 9 in 1984 and obtained first registration in 2014.

Mr and Mrs Frank became registered proprietors of No. 8 in 2012.

Mrs Thorpe applied to the Land Registry for registration as freehold proprietor of part of the shared driveway on the basis of a title acquired by adverse possession.

In support of her application, she relied on the fact that: a) Her son had repaved the driveway in 1986; b) She had regularly parked on it and power-washed it, wearing out a number of washers in the process [Kudos to anyone who can wear out more than one pressure washer]; c) She regularly cleared the area of litter and weeded it.

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Lord Browne-Wilkinson clarified the meaning of legal and factual possession in JA Pye (Oxford) Ltd. v Graham [2003] 1 AC 419 as follows: “…there are two elements necessary for legal possession: (1) a sufficient degree of physical custody and control (“factual possession”); (2) an intention to exercise such custody and control on one's own behalf and for one's own benefit (“intention to possess”).”

In Thorpe v Frank the court drew attention to this extract of Slade J’s judgment in Powell v McFarlane (emphasis added): “(3) Factual possession signifies an appropriate degree of physical control. It must be a single and exclusive possession, though there can be a single possession exercised by or on behalf of several persons jointly.

Thus an owner of land and a person intruding on that land without his consent cannot both be in possession of the land at the same time. The question

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what acts constitute a sufficient degree of exclusive physical control must depend on the circumstances, in particular the nature of the land and the manner in which land of that nature is commonly used or enjoyed… Everything must depend on the particular circumstances, but broadly, I think what must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so.”

The Court of Appeal’s Decision

In giving judgment for Mrs Thorpe, the Court of Appeal held that: a) While enclosure of the land (by fencing etc) is an obvious manner in which a person can take possession, it is not an absolute requirement; b) Having regard to the nature of this open forecourt area, the ripping up of the old surface, digging out the land, inserting hardcore, levelling the surface with the area surrounding it and then replacing the flags with new flags and bricks of one's own choosing were just the sort of actions that one would expect an occupying owner to do in dealing with this land; c) This was a clear interference with the rights of the paper title owner, asserting not merely a momentary control over the nature of the land's surface but a control of it for the future. This was not merely a temporary trespass for two weeks during the works period, as [counsel for the Franks] put it; it was the creation of something of permanent and enduring character. Mr Thorpe's work for his mother had created something that gave the entire apron the appearance of being an adjunct to No. 9, whatever might have been said of the pre-existing paved surface; d) In completing these works, the paper title owners were also excluded from the soil below the apron's surface by a permanent covering of Mrs Thorpe's construction.

Practical Impact

This decision will assist alleged possessors who can rely on acts such as paving a driveway or erecting fencing around the disputed land.

Mrs Thorpe’s evidence of parking on the driveway was not sufficient to establish factual possession, but this will be viable in other cases. A claim

did succeed partially on this basis in Williams v Usherwood (1983) 45 P&CR 235 where it was held that: “…the significance of parking varies greatly according to the exact circumstances of the relevant ground.

Parking cars on a strip of waste land may have no evidential value whatever in relation to possession of the land.

In the enclosed curtilage of a private

dwelling-house, however, it may be regarded as evidence of possession.”

Finally, Thorpe v Frank will not assist those who can only point to acts such as cleaning a driveway. If there was anyone who could establish adverse possession by pressure washing, it was Mrs Thorpe.

John Aldis Barrister, St Philips Chambers

Three Peaks effort raises £8k for Three Counties charities coming in but we raised a fantastic amount, which is the most important aspect of the challenge.”

The money raised will be distributed in grants by the firm’s charitable Foundation, which has given more than £200,000 to charities around the firm’s offices since it began in 2007.

Harrison Clark Rickerbys has more than 500 staff and partners based at offices in Worcester, Cheltenham. Hereford, Birmingham, the Wye Valley, the Thames Valley, Cambridge and central London, who provide a complete spectrum of legal services to both business and private clients, regionally and nationwide. The firm also has a number of highly successful teams specialising in individual market sectors, including health and social care, education, technology, agricultural and rural affairs, defence, security and the forces, and construction.

The HCR Team: James Allen, Charlotte, Austen Howarth and Hannah Maidment tackle Ben Nevis

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caling the heights, 11 lawyers from Harrison Clark Rickerbys took on the Three Peaks challenge at the weekend, and raised nearly £8,000 which will go to Three Counties charities.

The team, who set out last Friday night to drive up to Scotland to tackle Ben Nevis first, then moved on to Scafell Pike and Snowden – two managed to scale all three peaks in 24 hours, and the others finished within 28 hours, but all raised far more than their original targets.

Charlotte Thornton-Smith, head of the firm’s Worcester office, who led the team, said: “Our legs are still sore, but we did it! What a great weekend, despite challenging weather – there was such teamwork, determination and good spirits. Final donations are still

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Domestic Abuse advocate is presented with the President’s Special Award at the Worcestershire Law Society Awards Peter Lewis, Head of Family Law says, “A well-deserved award for the hard work that Suzanne does. Her passion and commitment for victims of domestic abuse has made a difference to so many lives and their families. She is an asset to the community and to the firm..”

Cyril Arridge, Managing Partner says, “This is a great achievement and is much deserved for all the hard work, commitment and passion Suzanne shows in supporting the victims of Domestic Abuse in the area.”

EAST PARK COMMUNICATIONS FINDING YOUR VOICE IN TODAYS DIGITAL AND PRINT MEDIA Unit 27a, Price St. Business Centre, Price St., Birkenhead, Wirral CH41 4JQ Tel: 0151 651 2776 www.eastparkcommunications.co.uk

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uzanne Oldnall Head of the Domestic Abuse Team at QualitySolicitors Parkinson Wright was presented with the President’s Special Award for her many years of dedication in helping victims of domestic abuse across Worcestershire.

Patricia Beeching, President of the Worcestershire Law Society says “Suzanne has gone above and beyond her duties both in and out of the office. She works in an area of law that is underfunded and misunderstood and where clients frequently need much more than legal advice and a court order. It is her passion and commitment to victims of domestic abuse that has led her to campaign hard for West Mercia Women’s Aid.” Suzanne has helped many victims escape violent and abusive relationships often making immediate applications to the court for an emergency injunction in order to ensure their safety. She was instrumental in establishing a domestic abuse drop in centre at QualitySolicitors Parkinson Wright’s Worcester office where victims of domestic abuse can drop in without an appointment to seek legal advice.

She also provides legal advice for organisations and charities that work with victims of domestic abuse. She regularly attends the Multi-Agency Risk Assessment Conference and will speak to Independent Domestic Abuse Advisors, General Practitioners, Social Workers, Victim Support and Survivors of Domestic Abuse about how the law can protect victims.

Suzanne continues to campaign along with other agencies to raise awareness of domestic abuse.

Suzanne says, “I am extremely proud to have won the President’s special award which will raise awareness of domestic abuse. It also recognises those who have suffered domestic abuse and who have found the courage to come forward.“

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The worst expert witness: and the winner is...

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couple of years ago, I had the doubtful privilege of giving a blatant example of the “expert” who failed in every respect. The case was Van Oord Ltd Chris Makin & Anr -v- Allseas UK Ltd [2015] EWHC 3074 (TCC), where Mr Justice Coulson took pains to explain the twelve – yes, twelve! – respects in which an expert had failed in his duty. They included: • not even considering or formulating the costs as incurred by the claimant; • admitting in cross-examination that he did not even agree with his own report (this is amazing!) and • admitting that the views he had expressed in his report were merely the assertions of his clients, who themselves had resiled from such assertions in their own cross- examination.

So with experts of such low calibre, where is the litigation lawyer to find reliable experts?

Well, it seems that the Crown Prosecution Service needs help in this respect.

In May 2019, Steven Sulley and seven others were accused of fraud in selling voluntary carbon credits (and diamonds) to more than 70 victims, many of them vulnerable pensioners. Those investors lost £3.5million. The crux of the fraud charges was that there was no market in voluntary carbon credits, so the victims had been sold “investments” which could not be realised.

The expert witness for the prosecution was one Andrew Ager, who it emerged had attempted to dissuade the defence expert, Dr Marius Cristion Frunza (who holds a PhD from the Sorbonne) from giving evidence. This is serious, but Mr Ager’s other failings included: 1. Having no academic qualifications.

When asked about A-levels, he replied that he thought he had sat three subjects, but he couldn’t remember whether he had passed any.

2. He said he kept abreast of the carbon credits market, but said he had not read

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any of the books written by Dr Frunza although they were widely available. He had though once watched a documentary on carbon credits!

3. He admitted that several assertions he had made to Dr Frunza during a meeting of experts were untrue.

4. He asserted – despite it being his clear duty under CPR – that it was not part of his duty to bring facts helpful to the defence to the attention of the court.

5. He had no record of any of the material supplied to him by the police, or of any of his workings.

6. He did admit that he had been supplied with some sensitive material by the police, but it had been damaged by a leak. But not to worry; he asserted that matters were now in order, since he now kept sensitive material in a locked box on his balcony.

The City of London police, similarly, had no notes of meetings with Mr Ager and no record of the material they had passed to him. This is particularly worrying after the repeated difficulties of the CPR under Angela Saunders of failure to disclose evidence, helpful or not. The watchword of any professional, including prosecuting authorities and their experts, is: • Record • Retain • Reveal any evidence, helpful or not.

20 previous trials, so all of those where convictions had been achieved would now have to be reviewed. And that means that far more than the 70 victims in the current case may find that those who have taken away their savings will not be punished.

The moral is clear, and the CPS failed miserably in following it: choose your expert with care. This is an extreme example, but an inadequate expert can destroy the good work of the lawyer.

I recognise that the world may not be over-endowed with experts in voluntary carbon credits, and some other esoteric subjects may cause difficulties; but for many subjects experts are readily available, and there can be no excuse for instructing professionals who may be good at their job, but who do not know how to write an expert report, hold a meeting of experts, advise on Part 36 offers, and conduct themselves correctly at court.

May I be permitted to provide a few hints?

For forensic accountants who have been vetted by ICAEW, go to https://www. icaew.com/about-icaew/find-a-charteredaccountant/find-an-accredited-forensicexpert. There are only about 100 of us,

out of 140,000 chartered accountants, who have reached this high standard.

For experts in many fields, use the “ExpertSearch” service at The Academy of Experts: http://www.academyofexperts. org/find-an-expert .

This is very basic stuff, and both the police and Mr Ager had fallen far short of the standard required.

And for some light relief and some interesting war stories, have a look at my website – with videos!

So what happened?

At Southwark Crown Court Mr Justice Nicholas Loraine-Smith directed the jury to return not guilty verdicts, and the eight accused walked free. And the CPS said they had removed Andrew Ager from their list of approved experts.

Was this a victimless crime? Of course not; many of the victims had invested their life savings in a scam. Did it end there? Certainly not. It emerges that the same expert, Andrew Ager, had been the prosecution’s expert witness in some

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chris@chrismakin.co.uk www.chrismakin.co.uk Biog: Chris Makin is one of only 100 or so chartered accountants to become an Accredited Forensic Accountant and Expert Witness – www.icaew.com/ forensicaccreditation/register. He is also an accredited civil & commercial mediator and an accredited expert determiner. He has given expert evidence at least 100 times and worked on a vast range of cases over the last 28 years.

For CV, war stories and much more, go to www.chrismakin.co.uk.

Using DNA testing to aid the transgender community

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he increasing societal commitment to the well being of those wishing to express different gender identity and gender expression together with the legal recognition of same, is important for the protection of individuals, their dignity and their health. Recent instances however, concern the ability of transgender people to amend the birth certificate of a child to reflect their own changed gender, which in one 2015 case was rejected by the Registrar and also by the High Court1.

This has obvious implications for DNA testing in terms of checking for Parental Responsibility and in carrying out the work, whereby intimate details may be revealed.

There are two cases (one ongoing) which highlight the need for fresh consideration of how we might integrate transgender rights into legal parlance and process.

In the aforementioned case (the first of its kind) a person male at birth who was undergoing transition to female requested that the Registrar of Births amend her child’s birth certificate to reflect her new name. This was refused and resulted in proceedings under Article 8 (respect for private life) and Article 14 (discrimination on the basis of transgender identity2) of the European Convention of Human Rights (ECHR). This was rejected on the basis that the interference with the Article 8 right was justified but not material, since it would only be under rare situations (we expect paternity testing to be one of them) that the transgender female would be required to produce the child’s full birth certificate.

A changed certificate might record the sensitive information or require disclosure, but of course, it would only need to be be revealed to those with an obligation of confidentiality, despite the fact that in this case she had identified herself as transgender on social media.

Furthermore, a birth certificate can only be altered to correct minor errors or when parents marry or enter into a civil partnership following the birth3. The Registrar of Births does not have discretion concerning the categories that are recorded on the birth certificate, which are “child”, “father”, “mother” and “informant”.

Indeed, the Registrar successfully argued that point in terms of the legitimate aims of the Births and Deaths Registration Act 1953.

There was justified interference with the claimants rights under the ECHR because there was a need for; a) an administratively coherent system for the registration of births and b) a need to respect the rights

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of others such as those of the partner and child of the transgender person and, of particular relevance, the fundamental right of a child to know the identity of his or her biological father.

legislation allows for the child to obtain information on their biological parentage.

We will discuss these points in the next article and by then, we will hopefully have the judgement on TT vs YY.

In a subsequent case4, a person female at birth and living as a male (TT) had a child (YY), biologically theirs, by artificial insemination. At the point at which the child was born, a valid Gender Recognition Certificate was in place, so the biological mother was male. The Registrar has decided that the birth mother must be registered as “mother” on the birth certificate. This is against the wishes of TT who asserts that as a matter of domestic law, he should be regarded as the father or secondarily, in a gender neutral manner as “parent”. Failing that and assuming he has to register the birth as “mother”, then he considered that this would be a contravention of Article 8 of the ECHR. If upheld on the other hand, YY will be the first person born in the UK without a mother on their birth certificate, since other transgender males have accepted the “mother” annotation. Those acting for YY have issued an application for TT to be declared YY’s father under the Family Law Act 1986, s55A.

About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold).

We await the final judgement on this case, but in any event the outcome will have profound implications. Society is in the process of normalising its institutions to accept the status of transgender persons but of course in this case must also take into account the separate needs of the child; their Article 8 rights should not be compromised by the decisions of a parent. If the status quo is not upheld, then as a DNA testing company we will inevitably at some point detect a biological female registered as the father, maybe with another registered father or father unknown or a biological male registered as the mother. The biological facts of course, cannot be denied5.

The difference between Sex and Gender “Sex” relates purely to biology and refers to the genetic make up, which is either male (an X and a Y chromosome), female (two X chromosomes) or intersex. Gender on the other hand, is largely a social construct relating to behavioural, social and psychological characteristics; it may take many forms6. Sex and gender may overlap, but should never be confused. Biologically, humans are most often classified as binary, i.e. either male or female.

In 1953 social motherhood and fatherhood were presumed to reflect biological motherhood and biological fatherhood. The increasing complexity of social relationships since that time have been recognised by the law and provide interesting points regarding the registration of the birth of a child in situations of surrogacy, adoption and assisted reproduction, which may provide precedent and guidance as to how the parentage may be best recorded when one of the parents is transgender. In any event, in all three cases, once the child has attained the age of 18, the respective

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The latter is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969”.

Please see: http://www.dadcheckgold.com.

Tel: 0191 543 6334 e-mail: sales@dadcheckgold.com Sex and gender - some definitions There has been a neo-logistic expansion of terminology concerning sex and gender… here are explanations for a few of them !

Transgender7 Transgender (often applied to non-binary gender identities) is an umbrella term that describes a diverse group of people whose internal sense of gender is different than that which they were assigned at birth. It refers to a gender identity which does not align with the gender assigned at birth. Gender dysphoria applies when the individual has a sense of dissatisfaction with their gender.

To attain transgender status in the law, an individual must be diagnosed with gender dysphoria by a professional and then apply for a gender recognition certificate8 under the Gender Recognition Act, 2004. Whilst this piece of legislation allows transgender persons to obtain a new birth certificate for themselves, it expressly precludes the fact of gender reassignment as a means to alter the status of the transgender person as the

mother or father of the child and thus ensures the continuity of parental rights and responsibilities9.

Intersex It has long been recognised (since ancient times) and in different cultures that some people are neither male nor female (in whole or in part) or, are a combination of male and female. This is driven by genetic, hormonal or physical features, that is, by their intrinsic biology. For example, some intersex people may have XXY as their chromosome set. Presently in the UK, intersex people may not change their sex classification unless they declare that they are transgender - then they would have to seek a professional diagnosis of gender dysphoria. Equating intersex with transgender is not appropriate.

Notes JK, R (on the application of) v The Secretary of State for the Home Department & Anor [2015] EWHC 990 (Admin) (20 April 2015) 2 Goodwin v United Kingdom (2002) 35 EHRR 18 and PV v Spain (11 April 2011) (Application No 35159/09) 3 Births and Deaths Registration Act 1953, sections 29,14 and 14A 4 Administrative Court and Family Division in the Matter of TT and YY [2019] EWHC 1823 (Fam) 5 As Lord Simon noted in the Ampthill Peerage Case [1977] AC 547, page 577: “Motherhood, although also a legal relationship, is based on a fact, being proved demonstrably by parturition�.

6 https://genderfluidsupport.tumblr.com/gender 7 Trans - Exploring gender identity and gender dysphoria - by Dr Az Hakeem, 2018, Trigger Press ISBN 978-1-911246-49-7 8 https://www.gov.uk/apply-gender-recognition-certificate.

9 https://www.legislation.gov.uk/ukpga/2004/7/notes/division/4/12 1

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Nothing stays the same; is everything changing?

Who was it that said that the only constant in this world is change?

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ell that certainly seems true at the moment. Political, economic, social and technological factors continue to have a significant impact on society. And what better forum to consider these than this years’ annual conference?

We have a great line up for you again this year. Our Chair, Sir Martin Spencer, will be donning his judicial cap and telling us what he believes is the challenge for experts in 2019. Continuing our conference theme, The Rt Hon Lady Justice Nicola Davies and His Honour Judge Richard Roberts will be joining a panel discussion to further explore these issues; including the impact of artificial intelligence on the judicial system, the importance of vetting (in the light of the Andrew Ager case), and what Brexit may mean for expert witnesses.

We’ll hear from Chris Easton who will be discussing the role of the Single Joint Expert and how to make it work for both experts and instructing parties. We are also pleased to welcome David Marshall (Vice Chair of the Civil Justice Council fixed costs in clinical negligence working group) who will be providing an update on fixed costs, Kenny Shealey (National Legal Aid Training Co-Ordinator and Senior Law Costs Draftsman) who will be explaining how to make sure we are paid when the client has legal aid, and we’ll also hear again from His

Honour Judge Richard Roberts who will be talking about the new disclosure rules affecting experts and costs budgeting for experts.

We have some great exhibitors as usual and are particularly pleased to welcome Redwood Collections as our lead sponsors for the event.

Redwood Collections as their first Supplier Partner which is a new scheme recognising organisations who supply goods and services to the Expert Witness community.

They offer a complete portfolio of debt collection services ranging from sensitive mediation through to legal and insolvency action and as part of the partnership, will be offering EWI members a discounted commission rate of 10% commission (typically 15%).

You’ll also have the chance to meet the Governors as well as network with other experts, instructing parties and senior members of the judicial system at break times and during our evening drinks reception.

It has never been more important to have a credible voice for expert witnesses, highlighting the critical role they play in our justice system.

So please do come along and join your fellow colleagues for what promised to be an interesting day of discussion and debate. To find out more and book your place visit: http://bit.ly/EWIAC2019 Amanda Stevens, EWI Annual Conference Chair

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The only charity dedicated to supporting children whose parents serve, or have served, in the Naval Service.

Originally set up as an orphanage, we now assist children with a wide range of needs and at times of family crisis. Applications can be made at any time and those seeking assistance can contact the office directly for an application form, or download it from our website.

311 Twyford Avenue, Portsmouth PO2 8RN t: 023 9263 9534 e: caseworkers@rnrmchildrensfund.org.uk www.rnrmchildrensfund.org.uk RNRMCF Registered charity number: 1160182 Patron: HRH The Duke of York, KG

Misunderstanding of Wills Risks Inheritance Failing to Reach Children, Loved Ones and Charities Meanwhile, in Scotland, the estate would be divided according to the rules of succession.

James Antoniou, Head of Wills at Co-op Legal Services added: “The importance of having a valid Will shouldn’t be under-estimated. Many people wrongly think that their loved ones will automatically inherit their assets when they die but this isn’t the case. If a person dies without a Will then they lose control of what happens to their estate meaning that their final wishes may not take effect, leaving disappointed loved ones behind.”

believing that Will-writing is time-consuming (30%), complicated (28%) and expensive (27%).

Only 1 in 4 (25%) say they have planned for death.

Rob Cope • Over two-thirds (68%) of Brits don’t have a fully written Will, with almost a third (30%) believing that they only need to have a Will in place if they are very wealthy • Nearly 2 in 5 respondents (37%) think that if they don’t have a will, their inheritance will go straight to their partner or children • Remember A Charity in Your Will Week is underway, encouraging everyone to have a Will in place and to consider leaving a gift to charity after family and friends are taken care of WEDNESDAY 11 SEPTEMBER 2019, LONDON: New research1 from Remember A Charity reveals that 68% of adults across the UK don’t have a completed Will in place (47% of over 55s), with nearly two in five respondents (37%) assuming it will automatically go to their partner and children.

Almost a third of Brits (30%) don’t think they’re wealthy enough to write a Will, with many

What’s more, many Brits are unaware of the flexibility and benefits of legacy giving. More than half (57%) don’t know that giving to charity is exempt from inheritance tax and over one fifth (22%) believe that you have to be wealthy to donate to charity from your Will.

“We’ve certainly seen from the research that there is a huge knowledge gap about how Wills and inheritance works,” says Rob Cope, Director of Remember A Charity. “This remains a key barrier to growing legacy giving and underlines the importance for working together with solicitors, Will-writers, government and other partners to reduce intestacy.

“Writing a Will is the only way for the public to ensure their final wishes are met. But the great news is that it can be both quick and easy. During Remember A Charity Week, we’re reaching out across the country and encouraging the public to make sure their loved ones are looked after in this way and to consider leaving a gift to charity in their Will.”

Without a Will in place, an estimated 27.9 million Brits2 are leaving their final wishes at the mercy of Government intestacy rules. In England and Wales, if someone dies intestate and there is a surviving partner, any children and close family will only inherit in some circumstances.

The large majority (70%) of Brits believe their family will easily agree on how to divide assets between themselves, despite recent figures from the Ministry of Justice showing that inheritance disputes have trebled over the past decade3.

To help shed some light on these misconceptions, Remember A Charity has been working with BAFTA award-winning comedian Matt Berry to create a series of comedy films that challenge the biggest myths about gifts in Wills, inspiring people to consider including their favourite charity in their Will.

The films can be viewed through the Remember A Charity website.

Cope adds: “Legacy giving is absolutely vital to the charity sector and every gift counts – no matter what size. As part of our tenth awareness week, we want to inspire the public to pass on something wonderful and make a real difference to future generations by taking action and writing a gift in their Will.”

To find out more about Remember A Charity Week (9-15 September 2019), visit www. rememberacharity.org.uk Notes 1 Research conducted in August 2019 by Censuswide with a representative sample of 2,000 British adults.

2 Based on UK population figures of 18+ year olds in the UK British Gov 2011 Census.

Research conducted in March 2019 by OnePoll with a representative sample of 2,000 British adults.

3

Source: Osbornes Law Firm, 2018

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Bromsgrove School – Happy and Successful A

t Bromsgrove, we believe pupils are happiest when they are succeeding.

We offer an all-round education, combining academic excellence with a richness of opportunity. Pupils engage enthusiastically with knowledge, embrace new ideas and are intellectually stimulated. We pride ourselves on the outstanding opportunities available, both inside and outside the classroom, whether at Nursery, Pre-Prep, Preparatory or Senior School.

Facilities at Bromsgrove have been improved beyond measure in the last decade. All sections of the School benefit from state of the art teaching areas. A world-class Performing Arts Centre, comprising a new live performance venue and theatre, a large drama studio and an entire suite of new music classrooms, recording studios and practice rooms was opened in 2017. Music lessons start in Year 2 with the Strings Initiative and pupils go on to group and individual successes in music.

Outside areas are extensive with

beautiful, landscaped grounds and dedicated sports areas blending seamlessly. There is Forest School for the younger children and pupils of all ages enjoy outdoors learning spaces.

But don’t be distracted by the School’s breathtaking facilities, nestled in over 100 magnificent acres. The heart of Bromsgrove’s success is its people. Over 1,600 pupils, boys and girls, day and boarding, national and international, aged 3-18, are what give the School its vibrancy, with a staff of some of the nation’s finest educators, coaches and caregivers - passionate professionals, as invested in your child as you are.

We welcome individual visits so that you can see for yourself what Bromsgrove has to offer.

Sara Bussey Marketing Manager Bromsgrove School Tel 01527 579679 ext 265

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Navigating the challenges ahead T

he PII renewal season is now fully underway and the forecasted challenges suggested by many are seemingly coming to fruition. With only three weeks until a number of practices renewal dates will be upon them, I wanted to share with you some of the reasoning why there is a challenging marketplace but most importantly measures that can be implemented to weather the impact of the current market conditions.

A number of factors are influencing the prevailing market conditions, but the two most impactful are: Lloyd’s of London financial performance showed that between 2016 and 2018 60% of syndicates were unprofitable and underperforming. This identified non US PII as the second worst performing class of insurance within Lloyd’s and corrective measures are taking place. Many syndicates have reduced capacity, and have implemented rate increases throughout 2019; when you combine these two factors, it results in many of the syndicates having a limited new business appetite or ability for growth.

Claims An increase in claims severity - with multiple loses breaching the compulsory primary layer of insurance. The most sizeable claims emanating from the following areas of practice: • Commercial Work • Depositor Funded developments • Escalating Ground Rent • provisions • Litigation • Wills and Probate • Cyber Crime A number of these practice areas have generated losses that have impacted both primary and the first excess layer insurers which could have a bearing on some insurers’ rates. The claims activity has resulted in a significant reduction in the number of insurers willing to provide coverage for the first excess layer above the compulsory primary layer, premiums for this layer of insurance have increased from what they were last year.

At the start of the article, I had promised guidance on the measures that can be implemented to weather current market conditions. Despite the challenges, I am pleased to advise that practices

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can still make a difference to the impact upon them providing that Insurers are presented with a detailed presentation and crucially they are supported by some expert broking.

Throughout this current renewal period, we continue to witness that those active insurers wish to align themselves with good businesses.

It is therefore important that you take a proactive approach to demonstrate this to insurers.

Whether you have submitted your proposal or are in the midst of doing so, you are still able to make a difference, if you have submitted your forms, there is nothing stopping you adding to what has been provided. You can make a difference by following these steps:

Experience and expertise Work with a broker, who has an understanding of the legal profession and the ability to appropriately articulate your practice to insurers.

Choose a broker who can guide your practice and provide appropriate advice to you on policy and issues that may affect you. Furthermore, whilst no practice wishes to experience claims, you may wish to select a representative that has the appropriate resources and expertise to help you, when you will need it most should the need arise.

Distinguish yourself from the crowd - As a proposal form generally provides the numeric data that an insurer can use to load up their pricing tool. It is the softer facts about your practice along with some expert broking that provide them with the necessary ingredients to deviate away from their technical pricing with this in mind, it would be prudent to provide a foreword about your practice.

Completion of your proposal form – do so with utmost care and attention, ensuring that your work split adds up to 100% and that you answer all the applicable questions. If any question specifically requests additional or supporting information, please make sure that you provide this. If a yes or no answer does not quite work for your practice and the way that you do things, please make clear reference and provide further explanation.

Wherever possible complete the proposal form on a computer to ensure that it is legible and easy for an underwriter to understand.

This may include, a brief history how you have got to where you are today, the management and structure of the practice, your client base, along with your approach to quality control and risk management it is however important to be proud of the accomplishments of your practice.

Claims information - Provide updated claim summaries even if you have had no claims as insures will require this information to satisfy their underwriting file. Your representative should be able to obtain these for you with your writing permission.

It is likely you will be vying for the attention of underwriters with hundreds of your peers in a short space of time. With this in mind, it is important to provide a quality presentation that provides the underwriters with a good insight and understanding of your practice.

If you have had claims or there are open reserves then an overview of what happened, and what lessons have been learned to prevent these from occurring in the future. If you have notifications open with no reserves, provide your view on both merit and quantum.

Select the right representative for your firm

If you want a second opinion, please do not hesitate to contact me or a member of the Lockton Solicitors team who will be very happy to help.

Direct access to leading insurers It is incredibly important to prevent unnecessary links in the chain. Ignoring the delays that this may create in the event of a claim materialising, the immediate issue could well be in the forthcoming negotiation.

Additional and unnecessary links in the chain distance your practice from the underwriter and insurer. It can create unnecessary delays in the process and could result in your message to insurers being diluted. The more people in the process can mean increased premiums or that you do not get appropriate service.

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Brian Boehmer, Partner Lockton Companies LLP T: 0207 933 2083/ E: brian.boehmer@uk.lockton.com

Fridays at Quill

By Julian Bryan, Managing Director, Quill

N

othing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week.

And in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day.

For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries.

However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved.

When you consider the plethora of problems that fall into the non-compliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task.

In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail.

As already intimated, for clients using Interactive, there are all manner of easyto-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body.

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Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports.

All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable.

For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still outstanding. Our reports also streamline the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland.

These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries.

We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-compliance-guaranteed service.

Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-today transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We

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do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway.

Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes.

Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-by-Quill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved.

To discover more about Quill, please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910.

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association.

Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.