The Pears Magazine issue 33

Issue 33 Winter 2019/20

St Basil's Sleep Out Local Solicitors fight homelessness in the West Midlands - page 11

ALSO: • Brexit - the current state of play • What type of team player are you? • Alert issued as water abstraction licence deadline looms

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This edition...

Issue 33 Winter 2019/20

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Committee Members and Member Firms

11

St Basil’s sleep out

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President’s Introduction

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MFG bolsters commercial property team

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What type of team player are you?

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Brexit - The Current State of Play

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New international link for HCR

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Able Community Care -

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Backing defence community wins Gold Award

Talking About Care for a Loved One in 2020.

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Stepping up to the mark in Berlin

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How do you find a business valuer?

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Flood Hazards

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U-turn on Probate Fees welcomed by charity bodies

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Promotions take HCR over 100-partner mark

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Worcester University

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New business partnership set to make a difference

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Annual Bar and Young Bar Conference 2019

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Summer Party 2019

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Q&A with Greg Briyce of poweredbypie

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Santa Cycle

30

Why Quill tick all the boxes

/TP

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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 Luke Crocker Solicitor, Commercial Property Bradley Haynes Law Chair Luke@bradleyhayneslaw.co.uk

Georgina Hunt Trainee Solicitor HCR Social Media Secretary ghunt@hcrlaw.com

Natasha Thomas Trainee Solicitor HCR Social Secretary NAThomas@hcrlaw.com

Jessica McSorley Solicitor MFG Social Secretary jessica.mcsorley@mfgsolicitors.com

Bruce Rodford Clerk Silver Fox Chambers Social Secretary brucerodford@ silverfoxchambers.org

George Charteris Trainee Solicitor Hallmark Hulme Treasurer George.Charteris @hallmarkhulme.co.uk

Joeli Boxall Trainee Solicitor Parkinson Wright Deputy Editor Pears / Social Secretary jrb@parkinsonwright.co.uk

Kate Collins Trainee Solicitor Bradley Haynes Law Social Secretary katec@bradleyhayneslaw.co.uk

Abbey Jones Trainee Solicitor MFG Secretary / National Representative abbey.jones@mfgsolicitors.com

Holly Mullinger Trainee Solicitor Hallmark Hulme Social Secretary Holly.Mullinger @hallmarkhulme.co.uk

Emma Field 2nd Year LLB Law Student/Head of Student Law Society Worcester University Social Secretary N/A

Rachael Wheeler Solicitor, Wills and Estates Saunders Roberts Vice-chair rachael.wheeler@ saundersroberts.co.uk

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www.worcestershirelawsociety.com

President’s Introduction Dear WLS members, I trust you all had a much deserved break over the festive period.

Since I last addressed you we were able to enjoy a very informative seminar from three excellent barristers, Ryan Turner, Priya Tromans and John Aldis on three different yet important topics. A big thank you to them for giving up their time to speak to us.

has the right to be a valued human being and to be treated in a just and fair manner. They work across Worcestershire & Herefordshire, providing a wide range of support services to ensure fairness and equality for members of the community who may be vulnerable, disadvantaged or discriminated against. Please do get behind our fundraising initiatives that will be visible at forthcoming events to raise money for such a worthwhile cause.

We have now finalised a date for our annual Legal Awards. It is scheduled to take placed on 24th April 2020 at Grafton Manor. You should have recently received details of how to nominate for the awards and I would encourage you all to do that as soon as possible.

We have tried not to clog up your diaries any further with events over the festive period and so the next event will be our annual bowling tournament which is scheduled for Thursday 23rd January.

Finally, I hope you all had a very Merry Christmas I’d like to wish you all a Happy New Year on behalf of the Worcestershire Law Society. I look forward to seeing as many of you as possible at our events in 2020.

I’m delighted to confirm that we’ve now chosen a charity who we will support throughout my tenure as your President.

We’ve selected Onside Advocacy. They are a charity established in 1993, stemming from a belief that everyone

Yours, James.

James Osborne President, WLS

What type of team player are you?

M

any of us are part of a team, whether this is in the workplace, social interactions or sporting teams. But what role do you play within the team? For a team to be successful, each member must work to their strengths and address their weaknesses and identify their specific roles within the team. Dr Meredith Belbin believes that each of us possesses a pattern of behaviour that characterises one person’s behaviour in relationship to another in facilitating the progress of a team. Therefore, the Worcestershire Junior Lawyer Division put this to the test.

On 17 October, the Worcestershire Junior Lawyer Committee were provided a training session by James Jarvis of Silver Fox Chambers regarding the Belbin self-perception inventory theory. The Belbin selfperception inventory provides for nine main roles, including the following:1. Plant (strengths including creativity, imaginative and generates ideas); 2. Resource Investigator (strengths include outgoing, enthusiastic and communicative); 3. Co-Ordinator (strengths include confident, clarifies goals and identifies talent); 4. Shaper (strengths include drive, thrives on pressure and dynamic); 5. Monitor/Evaluator (strengths include strategic, see all options and judges accurately); 6. Teamworker (strengths include co-operative, perceptive and diplomatic);

7. Implementer (strengths include practical, reliable and efficient); 8. Completer/Finisher (strengths include conscientious, searches for errors and looks for perfection); and 9. Specialist (strengths include dedication and provides for knowledge and skills).

The Committee were provided with the inventory of questions whereby each committee member had to respond to seven scenarios in total. For each question, the participant must distribute a total of ten points among the sentences provided that they thought described their behaviour in the scenario. The total points were then calculated to obtain each committee members total scores for each role as discussed above.

There were instances whereby committee members had similar or the same score for more than one of the roles above. Belbin describes that each person has a number of roles which they can manage within a team and this was shown in the Committee results.

Participating in the Belbin inventory enabled the Committee to identify each individuals place within the team and provided them with the opportunity of identifying the strengths and weaknesses. This is particularly important for the Committee who work closely as a team on a regular basis and had members who fell within a number of the above roles.

The training provided a great insight into this and if you require further information, please contact James Jarvis at Silver Fox Chambers.

www.worcestershirelawsociety.com

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News News News News News News sharpen international legal acumen, are events for clients in both countries, ‘closed door’ legal knowledge sharing sessions and secondments for UK and Indian based lawyers of the firms.

Backing for defence community wins gold award for HCR Outstanding support and commitment to defence and the armed forces community, including former members of the armed forces and serving members’ families, has won Harrison Clark Rickerbys the highest possible award in the Ministry of Defence’s Employer Recognition Scheme.

Syed Alam, Kamlesh Kharade (ILA), Charlotte Thornton-Smith, Anpuam Dighe (ILA) and Nicholas Groffman

New international link for HCR with India law firm Top 100 UK legal firm Harrison Clark Rickerbys (HCR) and Indian law firm, India Law Alliance (ILA), have announced a collaboration designed to meet the needs of their clients in the UK-India corridor.

Both parties cite their shared passion for commitment to excellent client service, cultural alignment and complementary specialist expertise as the reasons for the link, believing that the deal will enable lawyers on both sides to share experience and transfer skills which will benefit both firms’ clients.

offer already available from HCR which operates via five hubs worldwide reaching 80 countries. This trusted network enables clients to run and grow their businesses almost anywhere in the world with legal support they can rely on.

The depth and breadth of ILA’s experience in India, including representation of clients in the lower courts right up to the Apex Court, and managing inbound Indian investments, means that HCR’s clients will enjoy the same level of service in their Indian business transactions as they do in the UK. Included in the firms’ plans, designed to

The firm now holds the gold award, reflecting its welcome to members of the armed forces community and its advocacy of the Armed Forces Covenant, which it first signed five years ago, increasing its commitment this year to the Covenant’s aims The award scheme acknowledges employers who pledge, advocate and demonstrate support to defence and the armed forces community and who encourage others to do the same.

Partner Richard Morgan, who heads the defence, security and the forces team and Rebecca Kirk, employment lawyer and key team member, have led the firm’s initiative. This has included highly

Nicolas Groffman, Head of International at HCR, said “I am keen to build on what we can offer clients in countries like India which are becoming increasingly important for our clients. Adding local legal capability in India is imperative for full service firms like ours which have robust domestic and international practices.”

Anupam Dighe, founding partner of India Law Alliance, said “I am looking forward to sharing experience with my UK counterparts and for my team of lawyers, based in India, to participate in HCR’s training programmes.”

The collaboration will enable both firms to provide clients with multijurisdictional transactions, building on the international

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David McBride, Emma Morgan, David Ashcroft, Richard Morgan, Rebecca Kirk and Ellis Walby

www.worcestershirelawsociety.com

News News News News News News successful defence and security expos in Hereford and Malvern in the last three years, as well as offering pro-bono legal advice, public covenant signing days and free resettlement training for serving personnel. HCR also employs numerous members of the armed forces community, including veterans, reservists and military spouses.

The 3CDSE event this year included the first MoD special projects industry day held away from a military base, as well as welcoming more than 1,000 delegates from across Government, industry, the armed forces and law enforcement. Those who had signed the Covenant received discounted entry and members of the armed forces community attended free of charge.

Richard Morgan said: “Our work in support of the serving military, veterans and their families is the least we can do to repay our debt to this community, and we are honoured that our efforts have been recognised in this way.

“We encourage employers to sign up to the Armed Forces Covenant whenever we can, and our own policies support reservists, serving military personnel and their family members in combining a career outside the forces with the flexibility they need to play their part in that community. We are also pro-active in supporting service leavers with new ventures, creating networks and links to help their businesses to grow and thrive.”

Rebecca Kirk said: “I am delighted that we have won this award – it reflects how deeply committed we are to working with and for the armed forces community.

We actively welcome service leavers and others from the armed forces community here – as the wife of a serving soldier myself, we know that members of the community face barriers to employment, but the skills and qualities which they bring to a job are of great benefit to employers, and we are very glad to play our part in spreading that message.”

The Armed Forces Covenant is a mutual commitment between serving and past armed forces personnel and both the

Government and the business community, recognising the contribution of serving personnel, veterans and military families to the UK. The firm’s work within the defence sector, now firmly embedded across the West Midlands, includes advising former military personnel who now run their own companies supplying defence and security related goods and services nationally and internationally, as well as advising serving and former members of the military and their families on private matters. It also provides resettlement training and welfare services and administers the Three Counties Security and Defence Group – a networking group created by SMEs for SMEs operating in the defence and security sector.

“It will be a privilege to stand at the start line – from there on, anything could happen!

I very much want to raise £20,000, so if people can donate on our JustGiving page, that would be excellent. I’m very grateful for the extremely generous support I’ve already received.” https://www.justgiving. com/campaign/HCRCTMarathon Charities who want to apply to the foundation for support should contact Mark Thompson on 01905 744804 or email mthompson@hcrlaw.com.

Stepping up to the mark in Berlin to boost charity donations When your team says it’ll take on a year of fundraising, and completes the Three Peaks Challenge to prove it, you have to step up to the mark – and that’s just what Rod Thomas, managing partner of Harrison Clark Rickerbys, is doing; on Sunday, he runs the Berlin Marathon to raise a target of £20,000 for the firm’s charitable foundation.

Rod, who ran his last marathon 13 years ago, has taken on this challenge – one of the world’s ‘big six’ marathons, attracting about 44,000 runners, to play his part in the firm’s relaunch of its foundation.

Running 26.2 miles, roughly the equivalent of Worcester to Birmingham, he will put his training to the test – along with many 5am starts, this has included waking up a family of wild boar in the Forest of Dean; they were not happy to be disturbed!

He said: “I thought my last marathon would be the last one I did, but I’ve seen how the corporate team have taken on their year of fundraising, and I wanted to make my own contribution. The foundation has done great work for so many charities around our offices, raising more than £250,000 since its inception, and we want it to be able to reach so many more people.

Rod Thomas in training

www.worcestershirelawsociety.com

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Flood Hazards -

Do you always need a search?

As the global climate undergoes rapid and unprecedented changes, the frequency and severity of flood events in the United Kingdom are due to increase. In the first two weeks of November 2019, the UK received a huge deluge of rain, which resulted in widespread river and surface water flooding.

Subsequently, the Environment Agency (EA) issued 147 flood warnings and classed all but four rivers within England as having normal or higher flow for the time of year, with seven being classed as exceptionally high. This came after an extremely wet summer and start of autumn in northern, central and eastern England. These areas received an above average rainfall, with certain catchments receiving over double the average monthly total. This resulted in soils becoming saturated, rivers being higher and certain areas being on the brink of flooding, before heavy rain on 7th November tipped them to catastrophe.

Following the heavy rainfall, flooding occurred across the Midlands, South Yorkshire and Derbyshire, as the Rivers Don, Derwent, Rother and Ryton all burst their banks.

These flood event displaced families, ruined homes and resulted in millions of pounds worth of damage across the UK. The scale and the impact of the flooding in November is terrible, however we are unable to fully understand the full impact until the EA has published its official reports.

It is estimated that nearly 2,000 properties across the UK were flooded, with thousands more households displaced and evacuated. Although the impact of the flooding has been severe, the EA have reported that an additional 14,400 properties were protected by flood defences during the heavy rain in the second week of November. This has forced the issue of flooding to the front page, consequently making it a serious topic discussed by every party within the Government.

A recent example of this is that Fishlake became the focal point of this flooding crisis since the huge deluge caused the River Don to burst its banks, flooding the village. This forced over 700 people to leave their homes, many unable to return for several weeks.

Unfortunately, measuring river flow rates and managing flood conditions are extremely difficult and challenging, especially when a large flood event is occurring.

Groundsure provide a comprehensive flood risk assessment which pulls from numerous sources to give an interpreted flood risk assessment on all major flood sources. It additionally, provides a FloodScore™ which examines the fluvial (river), tidal, and pluvial (surface) flooding to the property.

The data for Fishlake identified the area was at risk from river flooding (see opposite above), in addition to a risk of groundwater flooding, surface water flooding and had experienced flooding in the past.

The data for Worksop identified areas of high surface water flooding (see opposite below), as well as a high risk from river flooding and groundwater flooding and also had experienced historical flooding.

Flood events such as these appear to be happening at a higher frequency and with an increased intensity within the UK. This is due to climate change and the influence that we are having on our natural environment. Research suggests that the widespread flooding which occurred in the UK between 2013/2014 was attributed to human influence on the climate. This is similar to research exploring the 2015/2016 floods, which also established the link between human-induced warming and increased severity and frequency of flood events. Sir James Bevan, Chief Executive of the Environment Agency, said: “Climate change is likely to mean more frequent and intense flooding. Floods destroy – lives, livelihoods, and property, our flood defences reduce the risk of flooding, and our flood warnings help keep

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www.worcestershirelawsociety.com

communities safe when it threatens. But we can never entirely eliminate the risk of flooding. Checking your flood risk is the first step to protecting yourself, your loved ones and your home”. Therefore, the importance of flood risk assessments will be paramount in understanding and informing homeowners and businesses of flood risk within the UK, in the future.

How can Groundsure help?

Before proceeding with any property transaction, a number of environmental risks including flooding should be investigated fully. In line with the Law Society Practice Note on Flood Risk, Groundsure’s reports provide a comprehensive assessment of risk, as well as giving a view on the likely availability of affordable insurance.

Groundsure reports highlight flood risks and can help you make the right decisions when completing property transactions. Index will recommend the most suitable report. Often combined reports including flood and environmental which will save your client disbursement costs. For residential, agricultural or commercial property transactions.

Please contact Index Property Information to arrange a CPD event or to order a suitable report.

T: 0121 546 0377 E: westmidlands@indexpi.co.uk

News News News News News News Sam Pedley, partner at mfg Solicitors said: “We’re excited to have entered into this new partnership with Oaks as they have an excellent track record in providing consultancy to sports and educational institutions, local authorities and the private sector. We’re looking forward to supporting them in helping organisations make a genuine social impact.”

Rachel Parkin Rachel Roberts Jenny Staples and Syed Alam

Promotions take law firm over 100-partner mark

New Birmingham business partnership set to make a social difference

Five new partners have been announced at Harrison Clark Rickerbys, taking the firm’s number of partners over 100.

Richard Knight, the firm’s senior partner, said: “They are all to be congratulated; this is a great step for them and marks a real milestone for the firm in terms of its growth and standing. Clients can be confident that their needs are being met by senior members of staff with real and relevant knowledge, experience and expertise.”

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mfg Solicitors has just celebrated its first year in Birmingham after merging with Jewellery Quarter practice, Pearson Rowe.

The 37-partner firm also has offices spread across Worcestershire and Shropshire.

Oaks was formed in 2008 and recently joined the Aquila Services Group – a group of socially focussed management consultancies. Helping organisations to generate new income, their clients include international sport-for-development charities, Premier League football clubs, national sports governing bodies and schools.

Syed Alam in real estate (Worcester), Rachel Parkin and Rachel Roberts in employment and immigration (Cheltenham), Jenny Staples in corporate (Wye Valley) and Marieta van Straaten in insolvency (London) are the latest to make partner in the firm which has eight offices across the country.

Also promoted are; to senior associate, Nathan Guest, Emme Raynsford and Morgan West, all in real estate; and to associate, Helen Cairns-Terry in employment and immigration, Katie Gotrel and Nerys Thomas in will, estates and trust planning, Sophie Phillips in corporate, Ian Seymour in dispute resolution and Janeen Brindley in real estate.

Rahul Bissoonauth, director of business development at Oaks added: “Moving into the Jewellery Quarter earlier this year has presented so many opportunities to partner with like-minded businesses in the area. mfg has demonstrated a commitment to supporting organisations with a social purpose and we’re thrilled to be working together to help our clients explore their income generation potential.”

Rahul Bissoonauth and Sam Pedley

A new partnership which will support businesses in forming their social responsibility plans has been launched by two Birmingham companies.

Businesses interested in finding out more can email Mr Pedley through samuel. pedley@mfgsolicitors.com

Summer Party

Law firm mfg Solicitors and business consultancy Oaks, both based in the Jewellery Quarter, have linked up to work with businesses across the region within the sport, education, public and third sectors.

Experts from both firms will work closely with socially-minded businesses to explore their income generation potential - helping them to form new charitable vehicles and partnerships to capitalise on commercial opportunities.

www.worcestershirelawsociety.com

On Friday 13th September over 60 of our members joined us at Browns at The Quay Worcester for our Annual End of Summer

News News News News News News Drinks. This year we teamed up with the Worcestershire Group of Chartered Accountants and The Herefordshire and Worcestershire Agricultural Valuers Association to host the event.

Browns put on some fantastic food for the event and we raised money on the night for the Princes Trust.

James Osborne (Worcestershire Law Society President) said of the event “The sun was shining, the drinks were flowing and I’m sure everybody will agree it was a great evening’.

Santa Cycle

St Basil's Sleepout (See front Cover) On 29 November 2019 mfg Solicitors’ Tom Esler, Sam Pedley, Jessica McSorley, Lucy Harrold, Abbey Jones, Katie Hodson and Rachel Chambers gave up their Friday night to sleep out in Pigeon Park to raise money and awareness for St Basils who fight homelessness in the West Midlands to give young people a brighter future. St Basils focus on supporting and rehousing people aged 16-24 and this year mfg’s Kidderminster and Birmingham Offices chose St Basils as its Charity of the Year.

The participants arrived at Pigeon Park for a 7pm start. On arrival they were each given one plastic sheet and one cardboard box ready to build a shelter. They immediately got started on the construction of their shelter and proud of their building skills went into the Cathedral for an educational and spirit warming presentation by St Basils who explained that they house over 1,000 young people in Birmingham and over 1,500 across the West Midlands in their 34 supported accommodation schemes, plus they help thousands more young people with face to face support and advice. At around 11pm the participants crawled into their shelter to try and get some sleep. Temperatures dropped to -2 and the unfamiliar noises throughout the night shed light on how frightening and dangerous it is

for the young people in the local area who St Basils strive to support.

At 2am the participants were awoken when their shelter caved in on them. It was beyond repair and so they spent the remaining hours trying to ignore the dripping condensation and collapsing boxes around them.

The experience was very insightful albeit, freezing cold! mfg raised in the region of £700 from their efforts and look forward to continuing to support St Basils for the rest of its year of fundraising. For those who may still wish to donate to this cause please visit https://www.justgiving.com/fundraising/ mfgsolicitorsllp .

Law firm bolsters commercial property team with senior appointments Leading Worcestershire law firm mfg Solicitors has strengthened its commercial property team with the double appointment of a new partner and an associate.

Clare Regan has joined the firm as a partner and divisional head of its widely respected commercial property team.

Successfully representing some of the commercial property industry’s biggest brands in a career spanning

On Sunday the 1st of December Robert Weston, Partner at mfg Solicitors, eventually completed the 25 mile Santa Cycle ride in aid of Kemp Hospice.

Robert is pictured with his medal, shortly before taking his bike to the local tip.

Robert advised that he learnt 3 things; 1. To do some training beforehand; 2. Not to do it on a mountain bike 3. Not to do it again.

Robert is grateful to those who kindly sponsored him.

Clare Regan, Lisa Morrison and Maynard Burton

www.worcestershirelawsociety.com

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News News News News News News 23 years, Clare brings an expertise in the purchase, sale and development of retail, office and industrial property portfolios across the UK.

commercial property advice. This is a perfect move for me and I am looking forward to contributing to mfg’s success in the months and years ahead.”

The firm has also added associate Lisa Morrison to the team. Lisa brings 22 years of commercial property experience to the firm, including having acted for major institutional lenders.

Lisa said: “I’m delighted to be using my experience and contacts to help the firm continue to provide and expand its commercial property services.”

Clare said: “I am thrilled to be joining mfg Solicitors and hope to contribute to the firm’s already outstanding reputation for providing sought-after

Welcoming both lawyers to the firm, mfg Solicitors chairman Maynard Burton added: “Clare and Lisa are a great addition to our highly-regarded commercial property division at a time when we are

seeing much growth across Worcestershire and the wider West Midlands.

“Both have top credentials in the industry and have the skills, qualities and energy we need. They are already making a big impact with clients.”

The two appointments bring the commercial property team at mfg to 17 fee earners.

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

Brexit - The Current State of Play

by Jack Morley

T

he post-Brexit world for which businesses are planning is as yet unknown. The state of play will depend up on the outcome of the October negotiations between the UK and the EU, and the terms of any final agreements that are approved for ratification by Parliament.

This note gives a brief, but by no means comprehensive, synopsis of the issues for businesses to consider when assessing the possible effects of Brexit, be it with or without a deal. This analysis should help you to generate a strategic plan to respond to problems, minimise the consequences, mitigate risks and maximise opportunities.

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Consequently this note is not tailored to any particular type of business but should be used as the basis for a more detailed review.

Primarily this note addresses a ‘no-deal scenario’ under which the UK would leave the EU without a withdrawal agreement, transition period, "mini deal" or sectoral UK-EU agreements, no political declaration on the framework for the future relationship and no future UK-EU relationship agreements in force immediately after Brexit.

Although not considered in this note, nodeal preparations of the UK government and other parties may apply to specific sectors and influence the contingency planning of a particular business.

www.worcestershirelawsociety.com

What happens if there is a deal?

If the UK and the EU conclude a withdrawal agreement by exit day[1], the consequences include the following: • A transition period will run post-Brexit from exit day until 31 December 2020. It is important to note that the transition period could be extended for up to one or two years[2].

• Formal negotiations on the future UK-EU relationship will only start post- Brexit.

• Throughout the transition period, most EU law will continue to apply to the UK, most references to EU member states in EU law will include the UK and the UK will continue to be part of the EU customs union and single market.

• Following the end of the transition

period, the withdrawal agreement has been drafted to attempt to avoid short-term disruption by clarifying what will happen when EU rules would otherwise stop applying to the UK. It is however possible some provisions will be superseded by the terms of the negotiated future UK-EU relationship.

The withdrawal agreement will also preserve many of the existing rights of UK citizens resident in an EU member state and vice versa post transition.

• If there is no agreement on the future UK-EU relationship by the end of the transition period: • some aspects of a no-deal scenario would apply, the long-term future arrangements for UK-EU security, transport, or judicial co-operation are not dealt with by the withdrawal agreement; and • the withdrawal agreement backstop would come into effect, establishing a single UK-EU customs territory, aligning Northern Ireland to EU customs and single market rules required to avoid a hard border, and imposing UK- EU level playing field measures to ensure fair competition in relation to taxation, environment, labour and social standards, state aid, competition, and state-owned undertakings and monopolies.

What happens if there is no deal?

Should no agreement be reached by exit day or there is no further extension of the Article 50 period and the Article 50 withdrawal notice is not revoked, the UK will leave the EU under Article 50, but without an agreement to govern the terms of withdrawal. Consequently there will be no transition period.

The primary concern is that EU law will suddenly stop applying to the UK as of the exit day (although any Brexit legislation passed prior to this date will ensure some degree of continuity).

No-deal consequences: • UK law would change in areas where it currently relies on EU reciprocity.

• Unless there is a prior European Commission adequacy decision at the • point of exit, the transfer of personal data from the EU to the UK will require an alternative legal basis, such as binding corporate rules or standard contractual clauses.

• UK entities would no longer be eligible to receive EU funding for projects under EU programmes, although the government has given a guarantee to continue funding such projects under a no-deal scenario.

• The UK will no longer be part of the EU's single market and customs union.

• The four freedoms[3] will no longer apply to the UK under EU law.

• No mutual recognition of professional qualifications and regulatory frameworks.

• In an ideal scenario, legislation governing the UK government's post• Brexit policies would ideally have received Royal Assent by exit day, even for policies not intended to take effect on exit day. However, some of the government's Brexit Bills which were introduced in the 2017-19 parliamentary session fell when Parliament was prorogued at the end of the sitting on 9 September 2019 and so this now may not be possible.

• UK-EU trade in goods and services will take place under the EU rules that apply to non-EEA countries, and any applicable national laws and national practices of member states, with the World Trade Organization (WTO) rules and WTO schedules setting the baseline for access.

Tariffs will apply.

• Continuity in the UK's trade with non-EU countries will depend on the government rolling over all the EU's existing trade agreements (and traderelated agreements) by exit day. The WTO rules and the WTO schedules set out the default position in the absence of any more preferential trade agreements or transitional arrangements.

• UK-EU negotiations on the future UK-EU relationship will need to start.

• Any restrictions on your proposed Brexit strategies, including: • Potential changes to the deal (e.g. increased costs) or the ability to perform the agreement (e.g. any new illegality).

• Whether Brexit/a related event triggers termination, repayment, prevention of further drawdown, material adverse change (MAC), hardship, or a change in law.

• Positive opportunities for termination, assignment, novation and renegotiation.

• If changes are possible, whether any other amendments are required.

• Possible Brexit strategies and the ability to pursue them.

• Counterparty risk.

• Potential changes to business costs, pricing, or key performance indicators.

• Potential changes in access to finance, labour or markets.

• Approach to proposed future agreements.

• relocation (e.g. restriction on the terms of break clauses in real estate leases); • restructuring (e.g. the terms of change in control clauses); and • early termination (e.g. is termination permitted and, if so, on what terms).

The success of this will largely depend upon the circumstances that led to no deal, as this would affect the level of goodwill between the EU and the UK, and any preconditions set by the EU.

A review of future agreements should include:

Material contracts and other agreements A review of material contracts, significant agreements and finance documents in preparation for Brexit should include any current agreements which straddle the UK's exit from the EU (or the end of any agreed transition period) or agreements coming up for renewal, proposed new agreements and standard form contracts.

Depending on the legal form of your business other issues may need to be considered such as whether Brexit disclosures are required in public company documents or whether existing insurance policies cover potential losses.

Review current agreements A review of current contracts should include:

Review proposed future agreements

• Possible Brexit strategies and the ability to pursue them.

• Counterparty risk.

• Potential changes to business costs, pricing, or key performance • indicators.

• Potential changes in access to finance, labour or markets.

• Approach to proposed future agreements.

Decide whether amendment

agreements

need

Do the business's usual clauses require further consideration or amendment to address Brexit-related matters?

E.g. Key employee, current/future references to the EU, data protection, governing law, jurisdiction, arbitration, currency denomination and allocation of currency risk, LIBOR benchmark and trigger events and consequences.

Businesses should consider whether to negotiate new Brexit clauses, to deal with the potential effect of Brexit-

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Brexit - The Current State of Play (Continued) related events on the supply of goods or services, and trigger consequences such as termination, renegotiation or price adjustment.

Specific Contractual Areas for Consideration Workforce Issues may include: • The extent to which the business relies on nationals from the EU, Iceland, Norway, Liechtenstein or Switzerland who work in the UK and vice versa – as well as their immigration status.

• Effects of a future skills-based UK immigration system – particularly important for businesses reliant on lower-skilled workers.

• Extent to which the workforce relies on the freedom of movement, establishment rights, recognition of qualifications, and rights to provide cross-border services.

• In consideration of the above, the following mitigation steps may be useful: • Retention strategies, e.g. provision of Brexit resources for staff, offering legal support on immigration issues (e.g. applications for citizenship, permanent residence and settled status or pre-settled status under the EU Settlement Scheme).

• Staff reallocation.

• Recruitment strategies.

• Alternative technological measures.

• Location of business operations including production facilities, warehouses, offices and service providers.

• Location of customer base and markets for goods and services.

• Supply, production and distribution network (supply chain) for both the business and its contractors/ suppliers/end users.

• Cross-border trade with countries outside the EU and the extent to which they rely on the terms of the EU's trade agreements.

Potential trade-related effects of a nodeal Brexit: • Tariffs on imports and exports e.g. customs duties. In a no-deal scenario, UK-EU trade after exit would be on WTO terms and goods would be subject to customs duties. The government would set temporary tariff rates, which apply immediately after exit for a year, whilst they work on a permanent tariff regime.

• Other barriers on imports and exports including regulatory requirements, security and safety controls, customs declarations and any potential border delays. Changes may be required to businesses processes to comply with new import and export controls.

• Reliance on laws which may no longer apply after Brexit such as:• Regulatory framework for goods and services; • EU licences, authorisations and certificates; • The four freedoms, and rights to provide cross-border services; and • EU's trade agreements with non-EU countries including preferential tariffs/ market access rights.

Economic Effects of Brexit Brexit Strategies • Key mitigation strategies may include: • Diversification to reduce risk.

• Restructuring supply chains to maximise tariff, non-tariff and VAT • efficiencies, or to use different goods or services suppliers that are less • exposed to Brexit-related risks.

• Corporate restructuring to preserve EU market access such as:• incorporating subsidiaries in the EU; and • relocating to the EU the business's UK-based production facilities, service providers, or headquarters.

Consideration of the EU rules and frameworks applicable after Brexit in line with your intended strategy must be completed to ensure that the desired effect in relation to Brexit strategy for cross-border trade. Businesses should also consider broader implications including capital cost, workforce issues and tax.

Cross-border Trade Data Protection Considerations for cross-border trade include:

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• Reviewing personal data flows from the European Economic Area (EEA) to the UK and from the UK to other countries.

• Ensuring continuity in EEA-UK data flows and establishing appropriate safeguards under GDPR[4] to enable the continued transfer of personal data from the EEA to the UK. In the absence of a European Commission adequacy decision this will include binding corporate rules or standard contractual clauses. In the event of a deal it is expected the adequacy decision will be postponed until the end of the transition period.

• Identifying who if anyone is the lead supervisory authority for the business after Brexit e.g. Information Commissioners Office or will it be a local supervisory authority in each EEA country in which it operates.

• Will a UK-based business operating in the EEA need to appoint a representative in the EEA for GDPR purposes even if the business has no EEA base (such as an office or branch), but processes the personal data of EEAbased individuals.

• Reviewing privacy notices and documentation.

Key considerations:

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A Brexit review should consider the potential short-term and long-term economic effects of a no-deal Brexit on matters such as inflation, borrowing costs and exchange rates. Appropriate strategies to mitigate currency volatility, such as hedging may be considered.

It will be imperative to consider the effect of a no-deal Brexit on cash flow.

If cash-flow issues are likely mitigation strategies including the reduction of costs, shortening payment times, reducing credit given and increasing credit received/new sources of credit should be considered.

Notes [1] Section 20(1) of the European Union (Withdrawal) Act 2018 (EUWA) defined as "31 October 2019 at 11.00 p.m."

[2] By a decision of the joint committee established by Article 164 of the European Union (Withdrawal) Act 2018 (EUWA) which includes UK and EU representatives.

[3] The free movement of people, goods, services and capital.

[4] the General Data Protection Regulation 2016/679

Talking About Care for a Loved One in 2020.

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hristmas and the New Year are the times of the year when many families meet, and this leads to the discussion that a loved one needs care support or increased care support.

Care is available from many care providers and a look online at www.Yell.com will bring up the care providers in your local area.

If you live in a rural or remote area of the country the list of available care providers will be significantly reduced and as a family, you may think that a move to a residential care home is going to be the answer to the support needed.

This is not necessarily the situation. Live-in Care, having care workers supporting you in your own home, is the alternative to making the often-sad exit from your home of choice, your own.

Live-in care workers will help with your personal care needs, your domestic tasks and can provide companionship.

Your home and how you wish to live in your home and surrounding community is respected.

Able Community Care has been providing Live-in Care packages throughout the UK for 39 years. We introduce appropriate carers into your home on a fortnightly basis and our objective is to provide you with a rotational system of carers whom you have chosen to support you.

Our website at www.ablecommunitycare.com gives detailed information and if you wish we can also send you our information brochure. If you have questions, please give us a call on 01603 764567 and we will be happy to answer them.

Able Community Care has provided millions of hours of reliable care support throughout the UK and beyond.

Angela Gifford MD, Able Community Care

Wishing everyone, young and old, a very Happy New Year.

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How do you find a business valuer?

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henever a client asks “What’s my business worth?” the reply should be “To whom, and for what purpose?”

As with any Chris Makin commodity, supply and demand come into play, but with a business it’s far more complicated. Supply and demand of capital, general economic conditions, even fashion – why was so much paid for dot.com companies, Amazon, twitter, which had never made a profit? And why does their value disappear when the bubble burst? And what about the special purchaser?

To take an extreme example, in one of my family cases I was expert adviser to the wife’s legal team led by the then Nicholas Mostyn QC, now The Hon Mr Justice Mostyn QC. The husband had an IT company in London which had but one product, a program for international currency dealing. It was in a desperate state: losing £1million a year, rent arrears of £½million, and the Revenue had a walking possession order for PAYE arrears of £¼million; yet the husband was in negotiation with a US company which had a whole suite of software for international banking but for this particular program. They needed it to complete their suite, and the husband negotiated a multi-million $ sale of the company and a very well paid position for himself. My task was to advise the lady’s lawyers on the parameters of the husband’s negotiations without spoiling her position – she was a 50% shareholder – and the tax consequences.

The outcome was highly satisfactory for all concerned. One would have expected the value of the company to be £nil, but with the ultimate special purchaser a very high value was achieved.

But let’s talk about more mundane matters.

Your client is getting divorced, and the family business forms a significant part of the matrimonial estate. Or your client is a director of a company and has been excluded from management decisions, probably coupled with a claim for

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constructive dismissal. Or your client (or you?) has for many years been a partner in a professional firm, is coming up to retirement, and suspects that the continuing partners are not prepared to pay his (or your) entitlement. What do you do?

In all such cases, and others, the value of the business, and your client’s part of it, must be determined. I have acted frequently as a mediator and as an expert determiner in such matters, but today we are concerned with my work as expert valuer.

In family cases the expert is usually instructed to value each spouse’s shareholding, estimate the tax which would be payable on disposal of the shares, and say how much cash may be extracted from the company to aid a settlement. Traditionally there would be separate experts on each side, and I remember many happy experiences with Hildebrand documents and the like!

These days, with judges’ preference for the SJE (so that they don’t have to strike a balance between opposing experts’ opinions of £15million as against £nil!) family valuations are less exciting, but no less worthwhile.

And there are always the big cases where party experts are needed.

A while ago I was appointed expert by the husband to value his businesses in property development and construction services. Another expert, in my view bending all the rules for the benefit of the wife, had valued the enterprises at about £1million. My view was that, with negative equity in the properties and a slippery customer list, the value was £nil. Because of the husband’s strained finances my instructing solicitor was taking monthly fees on an IOU, and would not be responsible for my fees, so I had to do the same. During the hearing, the husband said he was applying for an IVA. It failed, and he went bankrupt.

Good news: I was right with a value of nil. Bad news: I didn’t get paid!

In the commercial field, so often one of the founders of a company is elbowed out by others, and has to mount a claim under Section 994 of the Companies Act for unfair prejudice. Normally a “fair”

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value is required, but what is fair? Is there for example a quasi partnership per Ebrahimi –v- Westbourne Galleries?

Such matters need an experienced valuer.

There are two essential requirements for your choice of valuer: a person who has experience and a deep understanding of business, and a person who has in effect a second profession as expert; for there is no point in choosing someone who knows about business, but who doesn’t know CPR or FPR, who can’t write an expert report in acceptable format, and who can’t survive cross-examination at trial.

On the first requirement, I have been managing partner in a series of firms, starting as a sole practitioner and eventually becoming head of litigation in a national firm. When in general practice I acted for a huge range of clients, from market traders to PLCs. And my chapter on Loss of Profits for the Self-employed, which appeared for many years in Kemp & Kemp, is available to you on request. I do understand business.

On the second requirement, I was one of the first to be accredited as a forensic accountant and expert witness by the ICAEW, and I am fellow at The Academy of Experts, one of only 60 world-wide.

And with over 80 court appearances, the witness box is a very familiar place!

In this article I have said nothing about valuation techniques; about assets basis, dividend yield basis, earnings basis, P/Es, and so on. There isn’t space, and I wouldn’t want my readers to go glassy-eyed. I wrote a helpsheet on business valuations for the ICAEW Forensic Group, and the basic checklist of information needed runs to five pages! Can we just take it that after many, many such assignments I do understand how to do a valuation, and that we can share some of these matters if time allows and if you are really interested?

In the meantime, please bear in mind that for your expert assignment, valuation or other, my terms include an initial review of any case, with no charge if the matter does not proceed.

So it costs you nothing to find out if I can help you unravel some of these mysteries. 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.

Government U-turn on Probate Fees welcomed by charity bodies M

ONDAY 14 O C T O B E R 2019, LONDON: After lobbying Government to abandon plans for a new probate fee regime that could threaten legacy giving, Remember A Charity Rob Cope and the Institute of Fundraising are pleased to welcome this weekend’s announcement that the proposed changes are to be scrapped.

Dubbed a ‘stealth tax’, the proposed probate system would have seen thousands of bereaved families a year facing sliding charges of up to £6,000, as opposed to the current flat rate fee of £215. The Ministry of Justice expected to generate around £185 million from the increased fees by 2022-23. However, charity sector bodies had raised concerns with HMCTS and the Ministry of Justice that the planned fee increases could severely disrupt legacy giving; a ‘lifeline’ for charitable causes.

Remember A Charity warned that such a hefty price tag for wealthy

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individuals – many of whom leave sizable gifts to charity – could discourage legacy giving and estate planning altogether.

Speaking to The Daily Mail, Justice Secretary Robert Buckland confirmed the new fee structure had been abolished, saying: “I have listened very carefully to the strong views aired on proposed new probate fees.

“While fees are necessary to properly fund our world-leading courts system, they must be fair and proportionate. We will withdraw these proposals, and keep the current system while we take a closer look at these court fees as part of our annual wider review.”

Rob Cope, Director of Remember A Charity, says: “We’re hugely relieved to hear that there will be no major increase to probate fees and that that the current structure will be retained, at least for the time-being. Charities large and small rely heavily on gifts in Wills. Worth around £3 billion a year, we simply can’t afford to risk jeopardising such an important income stream or to reverse the trend for growth in legacy giving.”

“We’ll continue to work closely with Government to ensure the sector’s views are heard and that the legacy environment is protected. This includes ensuring that concerns about the prolonged delays to probate are addressed and the sector keep informed.”

FINGERPRINT ANALYSIS Peter M Swann FAE FFS MCSFS Independent Consultant to the Legal Profession Established 1987

A former Home Office Adviser with considerable experience in all aspects of fingerprint work An Accredited Expert and Fellow of the Academy of Experts, a Fellow of the Fingerprint Society, A Member of the International Association for Identification and Member of its European Division, a Member of the Chartered Society of Forensic Sciences and listed in the UK Register of Expert Witnesses.

The Consultant now provides a full independent fingerprint service to the legal profession, industry and other agencies.

Examination Development

Assessment Report

Briefing Expert Witness

Tel: Wakefield 01924 264900 (Office) 01924 276986 (Home) Email: peterswann@btconnect.com www.fingerprint-analysis.co.uk

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Worcester University T

his year saw the first graduates of the University of Worcester’s School of Law.

Launched three years ago, the School has gone from strength to strength and this year its Law LLB was rated the top university-taught Law course in the Country in the National Student Survey. The course received a 96.2% overall satisfaction rating from its first cohort of graduating students – 12 of whom achieved First Class Honours.

Head of Law, Bill Davies, said: “We were absolutely thrilled to come out as the top university-run Law degree in the Country in our first ever NSS. It’s been a really fantastic year for us with our first graduates – 12 of whom achieved Firsts – and the launch of our new Masters programme.

“We are very grateful to the local Law community in Worcester, and the surrounding region, who have really embraced and welcomed us as we established the Law school, and have been such a tremendous support to our students, providing work placements, advice and guidance.”

Among those to achieve First Class Honours was Laura Taylor. “I am so pleased I chose to study Law at the University of Worcester,” she said. “The lecturers are fantastic, there are great facilities and lots of opportunities to gain work experience. I achieved a First LLB Law degree and it has opened the door to so many career opportunities.”

Also achieving a First was Samuel Evans. “I am more than pleased with my results to say the least,” said the 21-year-old. “The LLB was brand new to Worcester when I began my studies and the course content, welcoming staff and study facilities, such as the mock court room, were really inviting.”

Building on the success of the Law LLB, the University has now introduced two additional undergraduate degrees – Law with Criminology and Law with Forensic Psychology - as well as two Master’s programmes – Employment Law LLM and Legal Practice LLM (top-up).

bring a new and varied programme to the School of Law,” Mr Davies said. “The new Masters programmes have been designed with practising legal and HR professionals in mind, to allow them to develop specialist areas of expertise.

The courses have a practical, real world focus and include opportunities to engage with the use of the law in the University’s Legal Advice Centre.”

The success of the University’s School of Law comes as the University has celebrated a record year of awards and achievements. This year the University was shortlisted as University of the Year in the prestigious Times Higher Education (THE) Awards and the UK Social Mobility Awards and won Sustainability Institution of the Year in the Green Gown Awards 2019. In addition, the University won a Guardian University Award for Internationalisation and an award for Outstanding Contribution to the Local Community in the THE Awards. In the inaugural THE global University Impact Rankings, Worcester was ranked Number One for Quality Education and Number One for Gender Equality.Meanwhile, in the Times Good University Guide 2020 (published in September 2019), Worcester was ranked 6th for teaching quality and 8th for student experience, and in the Guardian University Guide the University was ranked 19th in the Country for Law. The University’s School of Law, based at the Jenny Lind building in the City Centre, includes a purpose-built mock court room, jury room and teaching spaces, which have all been designed to be fully accessible.

Mark Snow, from Worcester Sixth Form College, said: “With the first cohort of students graduating, it really brings home the great opportunity that the University of Worcester provides students who wish to progress into higher education and read Law. The facilities available to students are amazing and the contacts the University has developed with local legal professionals provide students with an education that genuinely prepares them for a career in the law. At Worcester Sixth Form College, we continue to work closely with the university and we are looking forward to a new inter-college competition being held there next year.”

“We have worked very closely with the local Law community, public sectors and local businesses to develop some really exciting new courses which will

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Judge Brenda sets an exciting 2020 Agenda Annual Bar and Young Bar Conference 2019 “The Modern Bar: our work and our role” A review by Phillip Taylor MBE, reviews editor, “The Barrister” Richard Atkins, QC

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t was a quieter affair this year with a different, less rushed format to suit these unpredictable times during an unexpected general election campaign. And the theme was undoubtedly and unashamedly about and starring women in this centenary year. In the morning, the Bar Council produced a “Manifesto For Justice: Urgent Action Required” introduced by the chair of the Bar, Richard Atkins QC, which sets out the views the Bar hopes the politicians which follow- “Fat chance!” some may say, but do read the Bar’s manifesto which illustrates much of what we heard at the two Conferences today.

Richard opened the proceedings to well over 100 attendees with his easy Midlands charm and he thanked Rachel Langdale QC who headed the team organizing the event. There were fewer “break out” sessions (which many were happy about) and the two undoubted stars were Lady Brenda Hale and Lady Justice Kathryn Thirlwall who gave keynote speeches.

Brenda Hale needs no introduction to lawyers as she is President of the Supreme Court. A prominent judge who has produced a hit book called “Judge Brenda and the Supreme Court – Equal to Everything” from the Legal Action Group, the work follows Hale’s career and is a brilliant read. The speech was “Here’s to the second century of women lawyers” which captured the struggle woman have faced as we celebrate 100 years of women as Counsel. Today, many will find it amazing

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to read of the struggle both at the Bar and at the Bench.

Brenda Hale

It was nice to hear a bit of criticism of last year’s speaker, Lord Sumption, who was, shall we say, somewhat dismissive of gender equality amongst the judiciary. Brenda put Jonathan right quickly predicting parity by 2033. Let us hope she’s right, and it’s not 50 years. The proportion of women in the higher courts is somewhat lower, but “it’s obvious that we still have a long way to go with women in the law both in the profession and the judiciary”.

aplenty in both the criminal/family session and the commercial disputes admirably chaired respectively by Lord Hughes and Mrs Justice Carr.

The small number of exhibitors proved an exciting detour during coffee, chatting to the publishers, tunic shirt sellers, and Inner Temple with the squeezy judges (to aid concentration, no other purposes!). For the afternoon session we heard from Lady Justice Kathryn Thirlwall on “Court Reform”.

I expected it to be somewhat depressing just after lunch but we had heard mention of the name of controversial Richard Susskind involving his new tome concerning “Online Courts” so the speech and questions from Kathryn offered a very clear picture of the problems she will face in 2020… and she did not stray for one moment into the political arena although tempted by the journalists present (as usual). And from the questioning, we all knew where the problems are- the court estate; lack of repairs; judicial sitting days; and so on. I need not go on.

As candid as ever, Hale continued that “the reason women are not taking silk is that they are not applying. They are reluctant – or a more worrying reason is that they are not getting the kind of work that will qualify them to apply.” And there lies the same problem for the Young Bar, stoically represented this year

by Athena Markides, who battled on whilst suffered from Counsel’s enemy – a hoarse voice! We heard several similar views about quality of work as money was rather off the agenda because of election purdah.

Brenda is always a treat to listen to for sheer intellect and practicality whether one likes her decisions or not (government please note). Today was no exception and she ended saying “the momentum is with us; the force is with us… People are now recognizing equality issues that were not recognized before”. After 10 years celebrating our UK Supreme Court, the pages are turning more towards gender equality than many of us could have imagined as we passed the exhibition of “women lawyers” down the century but there is more to do.

We were looking for the “take-away” points from the breakout sessions and they came

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The light-bulb moment for me, towards the end, was echoed by the words of Richard Atkins summing up his year- “the profession remains in good hands”. It does, and with just a bit more political goodwill from a less-Brexity obsessed Commons, 2020 may prove to be a much more optimist year for all parts of our legal profession…

And yes, in case you ask, “The Secret Barrister” was there, via skype and a laptop used by his/her best friend who works in a zoo (couldn’t work that one out) and acted as a spokesperson. SB did not disappoint, and neither did any of the speakers who made this a memorable day as we move to the next century of women lawyers.

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Q&A with Greg Bryce, Group CEO, poweredbypie poweredbypie provides solutions for conducting property searches in addition to developing technical solutions tailored to the needs of the conveyancing industry. For further information please see: www.poweredbypie.co.uk We spoke with Greg Bryce, Group CEO, poweredbypie about technology’s role in the spread of fraud in the legal industry but equally how it can be used in prevention.

1) Why are legal firms at particular risk of fraud?

Legal firms deal with some of the largest transactions anyone will ever make in their lifetime. Property transactions, in addition to wills and probate cases plus commercial transactions all involve significant sums of money. For fraudsters, trying to get the most return for their efforts, it makes sense to target legal firms handling these sizable assets.

These days, it’s rarer that individuals go into their solicitor’s office to meet in person so legal firms are often working remotely which often makes them an easier target for criminals.

2) How concerned should firms be?

In short: very! Technology has become more advanced and this offers new ways for criminals to target organisations. Fraudsters have made it their business to become experts in security and how to bypass it, more than most law firms can ever be. Not many legal teams have their own in-house cyber security experts to offset the levels of threat the industry is facing.

3) Do you think firms currently over or underestimate the issue? Are they prepared enough?

I believe there is a high level of awareness within Law firms about the risks of

cyber security. However, there is a huge variation in their level of preparation. The fact is that all organisations are vulnerable.

Even household names like British Airways or Marriot, with their vast resources, are not immune to major and well publicised security breaches. As criminals become more sophisticated the issue continues to grow. Organisations need as many checks and balances as possible to try and mitigate the threat.

4) What kinds of fraud are most prevalent?

According to the SRA Risk Outlook 2018/19, in the first quarter of 2018 over 70% of all cybersecurity reports were directly attributed to email modification fraud, a sophisticated method of interception designed to capture client bank details and personal information.

Therefore, identity theft is the most common problem: basically, people pretending to be other people to intercept funds. Criminals can also falsely claim to be another law firm to gain the same outcome.

This is achieved through Phishing attacks.

This is where the fraudsters send emails claiming to be from a reputable organisation in order to encourage individuals to reveal personal information, such as passwords and credit card numbers.

these days, it costs them less to try!

6) Is DMARC for email security enough to mitigate risk?

There are various security strategies available to try and prevent Phishing attacks.

Domain-based Message Authentication, Reporting & Conformance (DMARC) is the latest advance in email authentication and should be just one tool in the solicitor’s armoury to try and prevent fraud.

7) How can technology contribute towards mitigating risk?

Here, we need to look to the banks and how they secure client information using two-factor authentication registration using multiple identifiers as a potential solution. This would mean the solicitor would have a secure portal to which they can invite their clients to register with two factors of authentication: a password and a one-time use pass code sent to their physical device on every login. It’s using the two methods in conjunction which makes this area very secure. Given enough time and effort it’s easy enough to crack a strong password, but it’s very hard to also gain access to someone’s device.

In this way, the client and solicitor can safely share data in a secure environment.

5) How can digitalisation and technology increase the risk of fraud?

8) What the future of safe communication in the legal industry look like in your opinion?

Significant amounts of information is now kept digitally both at the law firm but also on customers’ phones, iPads and computers. The range of devices for fraudsters to attempt to access has grown and so they have more choices to target!

In addition, with technology and other devices costing just a few hundred pounds

Technology companies and security experts need to develop practical solutions for the legal industry that are safe and yet simple to use. Working in partnership with trusted technology providers will offer legal firms the efficient solutions they need to communicate safely with clients in the future.

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Fairweather Law rolls out superior combined Quill-Redbrick package

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airweather Law uses a combined Quill-Redbrick software solution for legal accounting and case management respectively. The practice decided to switch because its previous supplier inflated its fees thereby making it unsustainable for the future.

Jack Fairweather, Director at Fairweather Law, describes the decision-making process: “When we were given a very substantial fee increase, it suddenly became the right time to migrate onto something new. The first stage was installing Redbrick to manage our matters and documents with workflow assistance.

“The second stage was legal accounts software. We sought recommendations from Redbrick, of whom Quill was a strong shortlist candidate, took references from existing software users, had sales demonstrations then compared costs and functionality.

“Ultimately, there were multiple reasons for choosing Interactive from Quill. Where cost’s concerned, it’s chalk and cheese to what we paid before. No law firm can be complacent about introducing financial savings.

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“Where functionality’s concerned, the overall user interface is so much better, particularly the dashboards which are extremely easy to use. There are many more features too, not least the wider range of reports which our fee earners find especially insightful as a means of monitoring their own progress. Overall, it’s a superior combined package.”

Having operated its incumbent application for nine years, the team at Fairweather Law adopted a pragmatic approach allowing a sixmonth period for implementation in order to alleviate potential disruption.

“Although we were unhappy with our old supplier, it was still a big change as we’d really bedded in over nine years,” continues Jack. “We were advised by Quill to take our time for implementation for things to be done seamlessly. Thankfully, that’s exactly what did happen. Even my dad, who’s a founding partner of our business and was fairly traumatised by the last software rollout which went far from smoothly, has commented that he didn’t encounter any difficulties this time.

“The whole changeover was professionally handled by Quill. Full credit to them that it’s

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been so straightforward and gone completely to plan. We all knew what we wanted to achieve. This was a major contributory factor in our success.

“We’re now in the midst of familiarisation, putting our training skills to use and finding our way around Interactive but already our staff are happier. While we acknowledge it’ll take time to get used to the new system, we know it’s not going to be a laborious task because of Interactive’s inherent user friendliness. Although somewhat forced to change, signing for Interactive has been the best decision.”

For more information, please contact: Julian Bryan Managing Director Quill Castle Quay Manchester M15 4NJ Tel: 0161 236 2910 Email: j.bryan@quill.co.uk Web: www.quill.co.uk