Issue 42 Summer 2022 BulletinSponsoredby ALSO: • Reflections by Judge Jim Tindall • The importance of Partnership Agreements • 180 years of the WLS and more... CROQUETWORCESTERSHIRELAWSOCIETY’SEVENING Photos on p. 17
This edition... Issue 42 Summer 2022 Published by: EAST PARK COMMUNICATIONS Ltd. Unit Price27a,St.Business Centre, Price St., Birkenhead, Wirral, Merseyside CH41 4JQ Tel: 0151 651 www.eastparkcommunications.co.uksimon@eastparkcommunications.co.uk2776 Advertising Simon Castell Accounts Tony Kay Design David Coffey Published August 2022 Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press. www.worcestershirelawsociety.com 3 4 Committee Members and Member Firms 5 President’s Introduction 6 £1bn worth of deals for Harrison Clark Rickerbys 6 mfg Solicitors announces ten Partner and Associate promotions 7 'Chocks Away!' for a fundraising daredevil 7 HCR’s national family law team bolstered with new Partner 7 WLS appoints Andrew Chandler as new President 8 New Partner appointments at QS Parkinson Wright 9 HCR joins Bar Council debt recovery panel 10 New restructuring and insolvency expert strengthens HCR team 10 mfg Solicitors raises £4,600 for Worcestershire charities 12 WJLD - Legal Dining Event 13 HHJ James Tindal 16 The Importance of Partnership Agreements 17 WLS Croquet Evening 18 Recent judicial moves to send cases back to the regions 20 Will construction claims and availability of ‘subjective intention’ evidence 21 Newly qualified: happy ever after? 22 180 years of the Worcestershire Law Society - part one 24 180 years of the Worcestershire Law Society - part two 25 An Interview with Rachel Chambers, Commercial Litigation Solicitor at mfg Solicitors LLP 26 Post-Nominals – do they matter? 28 Remember A Charity appoints Lucinda Frostick as new director 30 Ground Hazards: Due Diligence for Today and the Future 33 Reducing the cyber risk exposure of legal practices
Committee Members Visit our website: www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety Georgina Hunt HarrisonChair Clark Rickerbys ghunt@hcrlaw.com Lucy George Social Media Secretary mfg Solicitors lucy.george@mfgsolicitors.com Lucy Harrold Social Media Secretary mfg Solicitors lucy.harrold@mfgsolicitors.com Rhiannon Phelps Social HallmarkSecretaryHulme @hallmarkhulme.co.ukrhiannon.phelps Zoe Webster Social HallmarkSecretaryHulme zoe.webster@hallmarkhulme.co.uk Marina Akram SilverbackSecretary Law marina.akram@silverbacklaw.co.uk Olivia Jubb Vice HarrisonChairClark Rickerbys ojubb@hcrlaw.com Charlette McDermott BradleyTreasurerHaynes Charlette@bradleyhayneslaw.co.uk Andrew Chandler mfgPresidentSolicitors LLP comandrew.chandler@mfgsolicitors. Laura Osborne HeadturnerAdministratorSearch laura@headturnersearch.co.uk Charlotte Perry Outgoing President Parkinson Wright cap@parkinsonwright.co.uk Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk Darryll Thomas Committee Member mfg Solicitors LLP darryll.thomas@mfgsolicitors.com James Osborne HarrisonTreasurerClark Rickerbys josborne@hcrlaw.com Katie Banks Deputy Editor of Pears mfg Solicitors LLP katie.banks@mfgsolicitors.com Priya Tromans Committee Member St Ives Chambers co.ukpriya.tromans@stiveschambers. Stephen Hurley Committee Member University of Worcester s.hurley@worc.ac.uk Rachael Wheeler Committee Member Saunders Roberts co.ukrachael.wheeler@saundersroberts. Patricia Beeching Committee Member Law forCouncilSocietyMembertheWelshMarches Joeli Boxall Editor of ParkinsonPearsWright jrb@parkinsonwright.co.uk John Aldis Committee Member St Philips Chambers jaldis@st-philips.com Alexandra Phillips Committee Member mfg Solicitors LLP alexandra.phillips@mfgsolicitors.com Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk Worcestershire Junior Lawyer Division 4 www.worcestershirelawsociety.com
Our next event is the highlight of our year being the WLS Awards evening on 23 September 2022 at Grafton Manor which I’m pleased to confirm has been a sell-out event in support of Midlands Air Ambulance Charity. The event has been extremely well supported by the member firms and sponsors and recently the judging panel came together in order to interview the shortlist of nominees and arrive at a decision as to the winners. The judging panel were particularly impressed with the quality of those shortlisted, which made judging between them all the more difficult, and we look forward to announcing the winners at Grafton Manor on the night.
As always if you have any queries relating to the WLS please do not hesitate to contact either myself or another member of the committee.
President’s Introduction
5
Finally you may notice that there are some changes to the members serving on the committee as we have lost one or two members and gained others. My special thanks to all those who have served the WLS as without their valuable contribution we simply could not operate as we do and I look forward to working with our new members in continuing to represent the interests of our member firms.
Recently the WLS came together at the Worcester Norton Croquet Club (see cover photograph) where a great evening was had under the patient instruction of some of the club’s members. The WLS were made to feel very welcome and our thanks go to the club for their kind and generous hospitality. Please do come to our upcoming social events as they are great fun and a great way to get to know other WLS members.
Welcome to the opportunityallthatandcommitteeMagazine.theEditionSummerofPearsTheIhopeyouhavehadthe to enjoy a good Summer holiday without the Covid-19 restrictions which have been upon us all for the last two years. Though slightly out of county special mention must be made of the recent XXII Commonwealth Games hosted by Birmingham which showcased the very best that the region had to offer, and for those lucky enough to have secured tickets, the chance to watch world class sport in person together locally. All of the professional organisation and hard work done by the army of volunteers was an amazing example of what can be achieved through teamwork.
Many thanks, Andrew Chandler President, Worcestershire Law Society 2022-2023 www.worcestershirelawsociety.com
£1bn worth of deals for Harrison Clark Rickerbys £1bn – that’s the value of deals secured by Harrison Clark Rickerbys’ corporate team in the past year, with key deals by the team across all its offices and in a range of sectors being proof of a vibrant market.
6 www.worcestershirelawsociety.com News News News News News News
corporate team have led from the front in the firm’s growing employee-owned trust (EOT) offering by helping employees own a controlling stake in their business, as shown in November when employees from Talbots Law became shareholders in the Midlands-based law firm. The Cambridge team led on a £100m transaction for the renowned Mr Fothergill’s Seeds involving 3,000 retailers and offices in both Australia and New Zealand. They acted for the shareholders in the company’s management buyout in InFebruary.Northampton, deals are being done across a range of industries – the sale of Murkett Brothers to EMG and window and door supplier Glazerite in an MBO being two notable examples.
In Worcester and Birmingham, the healthcare sector was a major contribution to the £1bn total, including securing Rodericks Dental – the fourth biggest dental acquirer in England and Wales. Across the firm’s West Midlands offices, 400 companies are also now using the firm’s company secretarial expertise and Cheltenham’sservice.
The London team have seen a huge increase in the value of deals and private equity work in the last year too with the value of deals in this area reaching In£150m.Wales, the corporate team picked up the Small Business Deal of the Year award at the Wales Insider Awards for the sale of CashCalc to FE fundinfo. Meanwhile, the Wye Valley corporate team are dealing with a number of high-value acquisitions for some of their ‘buy and build’ clients where the deal flow for the next few months looks positive.
Maynard Burton, partner and chairman of mfg Solicitors said: “We are expanding in a variety of areas with more and more people
Richard Wilkey, head of the firm’s corporate team, said: “The fact that we’ve done £1bn worth of deals in the past year is fantastic news and the team are right to be celebrating. This shows that there are deals to be done throughout the country and it’s a promising sign for the future of the market. With plenty going on now we’re seeing a number of opportunities coming down the pipeline, with a lot of interest being shown in the technology, manufacturing and healthcare sectors.”
Worcestershire law firm mfg Solicitors has announced ten promotions which includes five new partners and two senior Residentialassociates. property specialist Javed Ahmed is promoted to partner and will continue in his role as head of the firm’s Residential Conveyancing team. In the same division, Nichola Wilson also becomes a partner. Family law expert Rupinder Nandra has also been promoted to partner, alongside Lisa Morrison in the firm’s Commercial Property department, and trusts and estates lawyer in the Private Client team, Tom Evans. mfg has also announced two senior associate promotions within its awardwinning Agriculture and Rural Affairs team who look after the interests of farmers, landowners and rural businesses – with highly respected lawyers Tom Bell and Hannah Taylor being promoted. Meanwhile, the firm has also confirmed that wills and probate specialist Ellie Newman, corporate lawyer Matt Allen, and litigation expert Stephanie Rushfirth, have each been promoted to associate level.
Richard Wilkey
Promoted mfg staff with Board member Tom Esler
mfg Solicitors announces ten Partner and Associate promotions
Worcestershire Law Society appoints Andrew Chandler as new President One of Worcestershire’s leading contentious probate law experts has been appointed as the new president of the Worcestershire Law Society.
Kevin Harris-James, joint head of the family team, said: “To have Nick join our team shows that as HCR’s family law team grows, it continues to attract amazing talent.
Mr Chandler, who is rated as one of area’s leading probate specialists in Courtney Smith Nick Rodriguez
www.worcestershirelawsociety.com
News News News News News News and businesses looking to us for professional advice. This means we must have nothing but the best teams in place so I am delighted with these latest promotions across a wide spectrum of expertise. “To see five hugely experienced lawyers step up to become partners is another proud moment for us and they will prove to be superb appointments in the months and years “Meanwhile,ahead. having many more rising stars stepping up to become senior associates and associates shows we are well prepared for the future in a number of specialisms.” The confirmed list of annual promotions is as follows: Partner promotions: • Javed Ahmed – Residential Property • Nichola Wilson – Residential Property • Rupinder Nandra – Family • Lisa Morrison – Commercial Property • Thomas Evans – Private Client Senior Associate promotions: • Tom Bell – Agriculture and Rural Affairs • Hannah Taylor – Agriculture and Rural Affairs Associate promotions: • Ellie Newman – Private Client • Matt Allen – Corporate • Stephanie Rushfirth – Litigation The biographies of each specialist can be found on our website through https:// www.mfgsolicitors.com/site/people/. 'Chocks Away!' for a fundraising Courtneydaredevil Smith, Redditch-based Silverback Law's Assistant Practice Manager, completed a charity sky dive on Friday 15th July. Though terrified about leaping from a small aircraft 15,000ft above the ground, the thought of everyone’s very kind and generous donations was enough to make her go through with it!
Nick’s joining the team provides another boost to an already strong team of family law experts. He said: “I’m pleased to join such a leading family law team. Everyone has been very welcoming and I’m looking forward to helping families resolve their disputes across Herefordshire and beyond.”
Nick’s 35 years of experience will bolster the team’s offering – not just locally, but nationally.”
Nick’s specialisms range from financial settlements on divorce to children’s disputes and acting for children within Heproceedings.isalsoaccredited with Resolution, the community of family justice professionals who promote a constructive approach to family law and is a member of the Law Society’s children panel.
So far, Courtney's raised over £900 for Molly Olly's Wishes, one of Silverback’s charity partners of 2022. Molly Olly's supports children with life-threatening illnesses and their families to help with their emotional wellbeing. You can find out more about the incredible work they do at www.mollyolly. co.uk. Courtney is incredibly grateful for all the support and generous sponsorship received so far and there's still time to donate to this fantastic cause at fundraising/courtney-skydive.www.justgiving.com/
HCR’s national family law team bolstered with new Partner appointment HCR’s family law team continues to grow – with new Partner Nick Rodriguez joining the firm’s Hereford office. Nick brings with him over 35 years’ experience as a family lawyer.
Andrew Chandler, partner at law firm mfg Solicitors, has taken over the position from QS Parkinson Wright’s Charlotte Perry and has set out his vision for the year ahead to promote and support local lawyers in the county.
7
Mr Chandler becomes the law firm’s third Worcestershire Law Society president in ten years. Partner Iain Morrison saw a successful 12-month term in 2013 and he was followed into the role four years later in 2017 by rural expert, and now partner, Alexandra ThePhillips.Worcestershire Law Society was formed in 1841 by a group of 12 solicitors. The historic legal group promotes the county’s legal profession through events, seminars and fundraising activities.
He said: “The Worcestershire Law Society is one of the oldest of its kind in the UK so to become the new president is a tremendous privilege and honour.
Cara Hancocks, Conveyancing
Andrew Chandler
“It is a wonderful opportunity and I know I have to work very hard to make as big an impact as my predecessors.
8 www.worcestershirelawsociety.com News News News News News News
New Partner appointments at QS Parkinson Wright QualitySolicitors Parkinson Wright is delighted to announce the appointment of three new partners: Cara Hancocks (Residential Property), Claire Simon (Dispute Resolution) and Louise Adams (Corporate and Commercial). This brings the total number of partners to 23.
the Legal 500, has pledged to support the county’s lawyers, promote the profession and raise thousands of pounds for his chosen charity, Midlands Air Ambulance.
(L to R) Douglas Godwin, Claire Simon, Cara Hancocks, Cyril Arridge, Louise Adams, Frances Woods and Faye Green.
“My aim is to not only ensure we give the best possible service to our members, but also to work with the committee to promote the wide and admired legal expertise we have here in “BecomingWorcestershire.president will also give me the opportunity to raise as much money as possible for the Midlands Air Ambulance Charity by holding a variety of events, fundraisers and to promote their work at showpiece events like the society’s annual awards dinner.”
Cyril Arridge, Managing Partner, adds, "It is always rewarding to see colleagues who have grown in experience and technical skills joining our partnership, sometimes having started with us in quite junior roles." HCR joins Bar Council debt recovery panel
Top 70 law firm Harrison Clark Rickerbys (HCR) has been appointed to the Bar Council’s debt recovery panel. The panel, which recovers unpaid fees for barristers and chambers, is made up of HCR and three other law firms. To be appointed to the panel requires the firm to demonstrate an understanding of both the demands of the profession and the delicacy required when seeking to recover fees from both solicitors and direct access clients.
Dee Kundi www.worcestershirelawsociety.com
News News News News News
“I really enjoy what I do and I am lucky to work with some great people. I am very proud to be part of such a great firm.”
9
Faye Green, Head of Residential Property, says, “Cara has been an asset to the conveyancing department progressing from secretary to partner. I am delighted to see her hard work and dedication to the firm being rewarded with this promotion which is very much deserved.”
News
Manager, commenced work with the firm in 2009 as a temporary secretary and subsequently became a full time secretary in the residential property department. In 2016, she commenced training as a paralegal, becoming a Conveyancing Manager in 2018 and qualifying as a Graduate of the Charted Institute of Legal Executives GCILEx in Cara2020.says,
“Wenotes.pride ourselves of being an extension of current credit control teams as HCR is disrupting the way debt recovery legal support is delivered. We have a specialist team of debt recovery advisors and dispute resolution lawyers - and because we know the debt recovery landscape, including historically working with the Bar Council, we are well placed to offer commerciallyminded, pragmatic advice to their members”
Louise Adams joined the Commercial department in January 2021 as an Associate Solicitor. She specialises in corporate and commercial law with particular interests in buying and selling businesses, shareholder and partnership agreements, commercial contracts and commercial property Louisematters.says, “I am delighted to have been made Partner and am looking forward to continuing to grow and develop our commercial services.” Douglas Godwin, Head of Commercial, says, “Louise’s expertise in corporate and commercial matters has been a welcome addition to the team and I am delighted that she has been promoted to partner to reflect this.”
Jason Morris, Head of Debt Recovery, said: “Without doubt, I am sure that this is the start of a long and fruitful relationship between the Bar Council and HCR.”
Carolyn Entwistle, Director of Service for the Bar Council, said: “Debt recovery can be enormously stressful for barristers so being able to access reliable expert support is very important. We’re delighted to welcome Harrison Clark Rickerbys to the Bar Council Debt Recovery Panel to provide even more choice for members seeking these services.”
HCR’s appointment comes after Dee joined the firm in April. Dee has been involved with the Bar Council since 2015, bringing invaluable experience to the firm’s dispute resolution team. She has been recognised in the Legal 500 as a Leading Individual for West Midlands debt recovery, with clients ranging from barristers and solicitors to universities, care homes and other commercial businesses.
Dee Kundi, Commercial Litigation Law Consultant at HCR, said: “This appointment is fantastic news, not only for HCR but also for the Bar Council’s members, giving them more choice on the debt recovery panel when looking to appoint a legal representative to recover unpaid fee
Claire says, “I am delighted to be recognised by the Partners in this way. Despite the challenges of the last two years, I have been well supported in my role by those within my department as well as the wider firm and am looking forward to many more years with QualitySolicitors Parkinson Wright.” Frances Woods , Head of Dispute Resolution, says, ”Claire could not have joined the team under more challenging circumstances, having concluded her position with her last employer just as the country entered into lockdown. At a time when most of the firm were working from home and in person appointments were on hold, Claire was not able to meet the majority of her colleagues for some time but rose to the occasion in ensuring that clients were given the practical advice and assistance that they needed through virtual and telephone appointments. I am pleased that she has been offered this promotion, in recognition of her hard work and dedication since joining the team.”
Claire Simon, Solicitor, is a dispute resolution lawyer with a particular interest in personal injury having worked in the insurance industry prior to joining the firm in March 2020. She is a member of the Association of Personal Injury Lawyers (APIL) and also provides voluntary assistance to the Action against Medical Accidents helpline.
‘(L to R) Sharon Lerry, Julie Allen from Midlands Air Ambulance, Tim Clack, Barrie Hodge from St Basils, Becky Husband, Kirsten Bridgewater, Sarah McDowell from Primrose and Lucy Mortime
10 www.worcestershirelawsociety.com News News News News News News
New restructuring and insolvency expert strengthens HCR team Partner Stuart Taylor has joined HCR’s established Restructuring and Insolvency team, enhancing the team’s presence in the Birmingham office. Stuart brings nearly 15 years’ experience to the firm as a Restructuring and Insolvency lawyer, having recently worked for Pinsent Masons. His specialisms in insolvency range from contentious and non-contentious to corporate and personal matters. His experience in litigation work and acting for the supervisors of the Regis CVA, which went to the Court of Appeal, will also add huge value to the team. Stuart said: “I am delighted to be joining a firm which is really forward-thinking and progressive, not just in their work but also in their attitudes to company culture and mental health in the workplace. This is something that sits with my ideals and it is a great opportunity to work with such a strong team.”
"Whether it be pushing themselves physically, or dressing up, our staff always want to get involved.
Kirsten Bridgewater, partner and chair of the CSR committee at mfg Solicitors said: "It is fantastic to see so many people getting involved in fundraising events over the past year and there always seems to be something positive going on in our offices.
“Our offices in Shropshire and Birmingham also raised almost £3,000 for their own nominated charities.”
"The partnerships we build with our various charities are very important to us as a business and on a personal level and I am looking forward to seeing what fundraising events will be on the calendar
Sam Payne, Head of HCR’s Restructuring and Insolvency team, said: “We’re really excited to have Stuart joining the team at our Birmingham office. His calibre will be a key addition to both our local and national work and will add immense value to our existing team.”
The firm’s Kidderminster office chose St Basils Wyre Forest which helps rehome young homeless people. The team raised £2,000 through completing 10,318 minutes of activity in the Road to Commonwealth, which is a minute for every mile between host cities of the games in Australia and Birmingham this summer.
The Worcester office chose West Midlands Air Ambulance as its charity and through a Wear it Red Day, Valentines raffle and book sale, raised £632 for the helicopter service which helps save hundreds of lives each Lastly,year.mfg's Bromsgrove office selected Primrose Hospice to benefit from its fundraising activity and will continue the partnership into next year. Through its popular Primrose Day and Yellow Raffle, as well as organising a knock-out netball tournament supported by local businesses, for the well-loved hospice raising a total of £2,010.
“Wenext.are delighted to have raised so much this year and know it will be put to good use by each charity.
Stuart Taylor and Sam Payne
mfg Solicitors raises £4,600 for Worcestershire charities Worcestershire law firm mfg Solicitors has raised £4,600 for several charities across the county in the last 12 months.
There was also a Valentines Raffle and Quiz, an Easter Egg decorating competition, and a silent auction, whilst the team also braved the St Basils Big Birmingham Sleep Out as well as having regular cake sales and theme days.
Worcestershire Junior Lawyers Division – Legal Dining Event
On Friday 24th June, the Worcestershire Junior Lawyers Division (WJLD) was proud to host their first ever Legal Dining Event at Sixways Stadium, Worcester. The WJLD’s evening welcomed 70 guests, a mixture of junior lawyers and well established Solicitors, Barristers and Financial Advisors from across Worcestershire; and boasted a two-course meal, guest speakers, including Alexandra Phillips of mfg Solicitors and Hamish Munroe of 3PB Chambers, and a raffle (with wonderful prizes such as bungee jumps and weekend festival tickets) to raise money for Onside Advocacy.
The WJLD would like to thank all attendees for coming and hopes everyone had a wonderful evening. An incredible £400 was raised for Onside Advocacy. The committee are looking forward to next year’s Legal Dining Event already! 12 www.worcestershirelawsociety.com
Judge Jim Tindal
An interesting few years in Worcester –
This is particularly apt, as when I arrived in Worcester in January 2018 as a Criminal Circuit Judge, my new colleagues mercilessly ribbed me about a slightly painful local paper interview they found online for which a colleague in Shrewsbury Crown Court had volunteered me. I just managed to turn it into an explanation of sentencing, from what threatened to be a ‘Hello Magazine’-style exploration of my hobbies. The mickey-taking got worse in April 2019 when my prison sentence on a cricketer ended up as national frontpage news. It was a surreal morning at Bromsgrove train station warily hiding from fellow commuters holding papers emblazoned with my official be-wigged picture (thankfully no-one recognised me). However, as in Shrewsbury, in Worcester and Hereford, I was always struck by the quality, work-ethic and common-sense of local Criminal practitioners – both Barristers and Solicitors. I am also very grateful for wise advice of my Criminal colleagues, Judge Juckes QC and Judge Burbidge QC as my Resident Judges, Judge Cartwright, Judge Jackson, Judge Cole and DJ(MC) Strongman.
When I started as DCJ in January 2020, I was equally keen to develop good working relationships with local Civil practitioners through re-starting the Civil Court User Group. I was genuinely pleased with the enthusiastic response and organised our first meeting on Monday 16th March 2020. I therefore accidentally had the dubious achievement of organising a meeting (I stress, not a party) at exactly the same time as social distancing measures were introduced by Boris Johnson (what a couple of years he has also had…). Over the following weeks and months, I could not have asked for more from my DJ colleagues and court staff, who all rolled up their sleeves, came into Court every day (not always the case elsewhere) and worked incredibly hard to keep Civil Justice going. Time and again, I was also grateful for the support of local practitioners, especially in relation to the complications of restarting possession when our usual tenant adviser retired. In the interim, local practitioners supported us by stepping in to advise pro-bono. Worcester University law students also facilitated remote advice, answering my call for help at the excellent Law Forum where I have been lucky enough to meet many impressive students. We all supported each other through the toughest times for Justice we have ever had. For that achievement – in all fields of work – I consider the lawyers, court staff and judges of Worcestershire and Herefordshire can be extremely proud. It is a tribute to the reputation of our local legal community that a number of excellent candidates applied to succeed me in my role (and I know I leave you in the safest of hands). I shall see some of you in my new role in the Business and Property Court in Birmingham. But to all of you whom I have had the pleasure of working with, thank you.
Background Information James Stuart Tindal will continue to be known as His Honour Judge Tindal. He was appointed as a Deputy District Judge (Magistrates Courts) and a Fee-paid Employment Judge in 2009, as a Recorder in 2012, a Circuit Judge in 2016 and as the Designated Civil Judge for Worcestershire and Herefordshire in 2019.
25 July 2022 Civil Circuit Judge appointment: Tindal
His Honour Judge James Tindal www.worcestershirelawsociety.com
Whether because of or despite my ‘15 minutes of fame’, in August 2019, I was appointed as successor as DCJ to Judge Pearce-Higgins QC from January 2020. However, before I started what I anticipated would be an interesting new role (at that stage, I had no idea just how interesting), I started sitting in Family. This was in fact temporarily to ‘replace’ DJ McKenzie (if that could ever be possible, except by his actual replacement, DJ Solomon). As I developed my limited experience in Public and Private Law Children cases, it was clear that I was in the safest of hands. This was not only with my fantastic and gifted Family colleagues: the Designated Family Judge, Judge Plunkett (and Judge Cole with his other ‘hat’ on); DJs Khan, Gibson and Solomon; our beloved and much-missed colleague DJ Parry; and latterly DJ Saunders. When I have sat in Family, it has usually been with the familiar faces of local practitioners in front of me (whether on Skype, Teams or in person). As a relative newcomer in Family, there was nothing more important to me than trust in my advocates. We judges are very fortunate to have such excellent, skilful and reliable advocates as we have in Worcestershire and Herefordshire.
The Lord Chief Justice of England and Wales, the Right Honourable The Lord Burnett of Maldon, has appointed His Honour Judge Tindal to be a Specialist Circuit Judge with effect from 5 September 2022. The Lord Chief Justice has deployed him to the Midland Circuit, based at Birmingham Civil & Family Justice Centre.
13
His Honour Judge Tindal
As I move on to pastures new (although as in September I return to Birmingham, in fairness there will be rather fewer pastures), I have been asked for a few thoughts about my time in Worcester, since January 2020 as Designated Civil Judge (‘DCJ’) for Worcestershire and Herefordshire.
The Importance of Partnership Agreements
A Partnership Agreement is a written agreement that defines the partnership, the relationship between the partners and their contractual obligations.
• Accountants name, bank name and premises;
• all partners are to share equally in the capital and profits and contribute equally to losses;
The 1890PartnershipEnglishformedpartnershipagoverninglegislationprimarygeneralunderlawistheAct(‘PA1890’).
A Partnership Agreement can be drafted at any time and to meet each partnership’s needs, and may cover matters as follows:-
• every partner may take part in the management of the partnership business;
• Use of business vehicle, if any;
• no majority of the partners can expel any partner unless a power has been conferred by express agreement; and
Benefits of having a Partnership Agreement A Partnership Agreement can benefit in various ways:
• Description of all partner's duties and responsibilities to the partnership and the other partners;
Conclusion Many partnerships, especially family-owned businesses, do not have a Partnership Agreement. A Partnership Agreement should be regarded as an investment. Therefore, we strongly advise that all partnerships/businesses should have a recent and carefully considered Partnership Agreement which is tailored to their business needs.
The partnership cannot acquire its own rights, obligations or hold property in its own right, as it is not a separate legal entity. Therefore, it is worth noting that each partner owes a duty of good faith to their fellow partners in all partnership dealings, each partner is an agent of the partnership and can possibly bind the partnership and the other partners, by any action undertaken in the ordinary course of business. Similarly, a partner is jointly liable with the other partners for all obligations and debts that the partnership may incur while they are a partner.
PA 1890 defines ‘Partnership’ as a relationship which subsists between persons carrying on a business in common with a view of profit. The partnership will be subject to fulfilling the criteria of the definition of a partnership in PA 1890. Whether or not the criteria has been met is a question of fact.
• where no fixed term has been agreed for the duration of a partnership, any partner may terminate the partnership by giving notice to the other partners.
Marina Akram
• Holiday, maternity/paternity pay and leave, sick pay and other entitlements for partners;
16 www.worcestershirelawsociety.com
• Description of partnership's share, assets, authority, liability (restrictions and allowance);
• Retirement/Expulsion/Termination of the partnership; and but not limited to;
The standardised approach can be problematic and unfair. Having a Partnership Agreement can help avoid conflict by preempting any potential disagreements.
• Capital and income allocation (inc. full time/part time share agreements);
What should a Partnership Agreement include?
• no partner is entitled to any remuneration for acting in the partnership business;
The PA 1890 preserves the law regarding the rules of equity and common law relating to partnership but does not provide a complete code of partnership law. Therefore, a Partnership Agreement provides the framework for the day-today running of the business, likely areas of dispute between partners and procedures for dealing with them should they arise.
• the partnership must indemnify any partner for payments and liabilities incurred in the ordinary and proper conduct of the partnership’s business;
• Decision making processes and method of settling disputes.
• any differences as to ordinary matters connected with the partnership business may be decided by majority vote but a change in the nature of the business requires unanimous consent;
1. It offers clarity as regards to concerns on distribution of profits; 2. It reinforces any unwritten rules as regards the business therefore decreasing the possibility of misinterpretation between partners;
4. A Partnership Agreement will override the default provisions of the PA 1980.
• no person may be introduced as a partner without the consent of all existing partners;
• Category of business;
3. A written agreement can assist to prevent expensive and time-consuming court proceedings in the event of a disagreement.
Default provisions in the absence of a Partnership Agreement
• Distinguishing between partnership property and property that personally belongs to an individual partner;
What is a Partnership Agreement?
The PA 1890 sets out a number of default provisions explained below that will apply to the operation of a partnership if no specific agreement is entered into. These default provisions, or any provision in a written agreement, may be varied by the consent of all the partners and such consent may be either expressed or inferred from a course of dealing: -
Other legislation affecting partnerships includes the Companies Act 2006, which regulates partnership names and trading, and the Insolvency Act 1986 which is applied to partnerships with modifications set out in the Insolvent Partnerships Order 1994, SI 1994/2421.
If you don’t have a Partnership Agreement and your business has been operating for a number of years, it is not too late to formalise the requirements of your business in a written agreement. Further, if you have a Partnership Agreement, it should be checked frequently, especially if there is a change in circumstances. For further advice on Partnership Agreements please contact Marina Akram, Commercial Litigation Solicitor, at Silverback Law on 0844 967 2700 or marina.akram@silverbacklaw.co.uk.
Worcestershire Law Society’s
croquet evening What a fabulous time we had on 20th July 2022 at our 1st Annual Croquet, Canape and Pimms evening at Norton Croquet Club. What a lovely venue and a wonderful, welcoming team of hosts teaching us to play. A big thank you also to Brookes Catering for the gorgeous canapes! www.worcestershirelawsociety.com 17
Practical steps to consider The recent comments from the judiciary suggest that the question of venue should ideally be raised at the CCMC, but there is nothing to prevent it arising at all times up to and including the Pre-Trial Review.
• Waiting times for trials in London are often longer than in the regional BPC centres, so cases will make quicker progress.
Having told practitioners, ever since the inception of the Business and Property Courts, that “no case is too big for the regions”, the Courts finally seem to be taking proactive steps to enforce that mantra. Solicitors should now be very wary of defaulting to issuing cases in London, and should instead plan the venue of their litigation based on the geographical ‘centre of gravity’ of the case.
In order to instigate the discussion, the party suggesting a change of venue will no doubt wish to enquire as to the local court centre’s availability for any existing or proposed trial dates, and may go so far as to assist the opposing party’s legal team with suggestions for office space during the trial (if the opposing firm does not have a local office in that city). Any software or transcription service providers should be asked to confirm that they can set up in the proposed new venue, and the local court to confirm that they can safely host the relevant equipment and technology. Raising a change of venue without having these key matters in mind will be a risky strategy.
• If the witnesses and parties live and work near a regional Court centre, it will make it easier for them to participate in the whole of the trial without the disruption and cost of being away from home for long stretches. Lawyers may also find a less-stressed client to be easier to handle!
The court staff and judiciary at regional BPC centres are well aware of this turning of the tide, and are keen to make it a success for the parties. Even if you have had imperfect experiences before, you might find that if you try your local Court centre again, you may well be pleasantly surprised.
If the current swell of judicial opinion continues along the same path, parties can expect Judges to take a much more interventionist role when it comes to venue. Issuing in London because that is what the firm has always done, or because that is what the client wants, will simply lead to delay when the Judge at CCMC transfers the case elsewhere, whether you like it or not.
As well as the theoretical benefits of obtaining justice locally, there are many practical benefits too:
18 www.worcestershirelawsociety.com
• Greater use of regional BPC centres may also encourage more use of strong firms or Counsel based outside London, thereby inevitably reducing the client’s overall expenditure.
The recent decisions Mrs Justice Cockerill, the senior Commercial Court Judge, moved Kelly v Baker, a 3-week fraud trial worth tens of millions of pounds, from London to Birmingham, primarily on the grounds that the businesses on which the dispute centred were in the Midlands, and that most of the witnesses lived and/or worked in that area. The fact the defendants’ solicitors and Counsel were based in London carried relatively little weight, and the trial went ahead in Birmingham in May 2022. The Judge reiterated her view on sending cases back out of London to their ‘centre of gravity’ in a Commercial Court users’ meeting on 22nd May, commenting that the BPCs appear to be “moving away from a London-based paradigm”, and has said that she has been actively looking for other cases to move to more appropriate Atlocations.thesame
Home comforts: recent judicial moves to send cases back to the regions
time, Mr Justice Fordham in the Administrative Court has taken a number of judicial review cases issued in London and relocated them to Leeds (R ex parte Fajr Ellis; R ex parte Khyam) and Manchester (R ex parte Fortt), often in the face of opposition from London-based lawyers representing one of the parties. But isn’t London always best? There is no denying that there has sometimes been a (wholly incorrect) perception that the best and brightest specialist Judges will always be based in London. Whilst that is plainly wrong, a point made by Mr Justice Fordham in Fortt, in any event if the parties wish for a fulltime High Court Judge to hear the trial or any interlocutory application in a regional centre, the Courts will take steps to enable that; in line with that promise, Mrs Justice Cockerill travelled to Birmingham to hear the Kelly trial in person.
Ali Tabari is a specialist commercial fraud and insolvency barrister at St Philips Chambers. He was junior Counsel in Kelly v Baker before Cockerill J (judgment awaited). Ali Tabari
• It may also make it easier for those peripheral to the dispute (for example, family members of the litigants) to attend the trial in the public gallery. This facet of the justice system cannot be understated, particularly in some of the more contentious family-based disputes.
What does the future hold?
Introduction We all know that London does not have a monopoly on legal expertise, yet so many parties continue to issue their cases in London on the assumption that it is only within the M25 that one can find the right Judges or Court staff to handle the big cases. That attitude is now, quite properly, under attack from the senior judiciary.
Lessons from Beasant v. Royal Commonwealth Society for the blind [2022] EWHC 1319 (Ch.)
Gavin McLeod St Philips Chambers
20 www.worcestershirelawsociety.com
Many wills give rise to what are thought to be ambiguities. A number of these instances of lack of clarity are compounded by the passage of time, and the review of the will after the death of the testator. What might once have seemed an obvious meaning at the time of execution, and especially given the communications passing between the testator and the drafter, may by then no longer seem obvious. One is then quite possibly in the realm of the construction (if not also rectification) of the will. The exercise of the construction of the will has many similarities with that of construing contracts, and the essentials are to like effect. Prominent amongst these is the rule that the exercise is objective. The basic rule is that the words used are to be assessed on an objective basis (and as to what they are reasonably to be understood as meaning), having regard to relevant contextual background. Evidence of that background may be admitted in light of the ‘armchair principle’: i.e. that the court puts itself into the circumstances of the testator and of the facts and circumstances known to him at the time of the execution. It will then seek to construe the words deployed objectively against that backdrop. What the court is not ordinarily empowered to do, however, is to admit evidence of the testator’s actual, subjective, intention.
Will construction claims and availability of ‘subjective intention’ evidence
Gavin McLeod
(2) In so far as this section applies to a will extrinsic evidence, including evidence of the testator’s intention, may be admitted to assist in its Unsurprisingly,interpretation.thereisoften much wish to seek to admit evidence of the testator’s actual intention. There have even been some general indicators in the case law on s.21 that the courts should look to find s.21(1) met where it can, so as to allow for such evidence to be admitted.
For example, in Re: Huntley [2014] EWHC 547, it was remarked that: “it is … both desirable and appropriate that the concept of ambiguity in Section 21 of the 1982 Act should be broadly interpreted”. However, the Beasant case represents a useful reminder of the fact that s.21 comprises specific wording which does in fact tend to limit the circumstances in which such evidence of actual intention may be utilised. The court found that, closely analysed, neither s.21(1)(b), nor s.21(1)(c), had been met. Starting with sub-section 1(b), the court found that the relevant part of the will was not ambiguous on its face. Counsel had seemingly accepted that there was no necessary ambiguity in the meaning of the words used, but submitted that there was ambiguity in the effect of deploying those words. Sir Anthony Mann held that this meant that there was no linguistic ambiguity on the face of the will. As he put it: “the will is ambiguous if its wording is capable of bearing more than one meaning”. “One … has to identify the words which are ambiguous”. If the actual words denote a clear meaning, and make sense as a sentence, then the fact that they also give rise to confusion or doubt as to what the intended consequence was does not mean that the statutory gateway is met. As for s.21(1)(c), the background evidence which had been admitted under the ‘armchair principle’ did not show that the language in fact used was ambiguous. It was not as though that evidence cast upon those words another potential meaning. (In another subsection 1(c) case, by way of comparative example, the background evidence had given rise to an ambiguity as to whether the expression “the UK” was actually intended, notwithstanding its usual meaning, to include the Channel Islands and the Isle of Man). Rather, the perceived problem in Beasant again remained in the effect of the language, and understanding whether one or other consequence had been intended in using it. That did not mean that the actual language was ambiguous either on its face on in light of evidence otherwise admitted. The case is a useful reminder that, whatever the court’s sympathies in general terms for seeking to admit subjective intention evidence for understanding a will (as a unilateral act), the statutory code for the admission of such evidence is itself prescriptive, and has its own clear limitations. It seems as though one will always have to identify an actual ambiguity in wording in a subsection 1(b) or 1(c) case, and not just a lack of clarity as to effect or intended outcome.
(1) This section applies to a will— (a) in so far as any part of it is meaningless; (b) in so far as the language used in any part of it is ambiguous on the face of it; (c) in so far as evidence, other than evidence of the testator’s intention, shows that the language used in any part of it is ambiguous in the light of surrounding circumstances.
Statute has since intervened to limit the perceived harshness of this. s.21 of the Administration of Justice Act 1982 accordingly provides: 21.— Interpretation of wills—general rules as to evidence.
21
Newly qualified: happy ever after?
Of course, there will be days, where you have a trial, hearing, and deadlines all in one week and you just have to keep calm and carry on. However, that’s not every week or every day, therefore you should try to set some boundaries and prevent yourself from falling into a routine where you aren’t constantly burning the candle at both ends. If you are struggling, seek help. Junior Lawyers Division have guidance on where to get on help on their websitelawyers-division-campaigns/wellbeing.lawsociety.org.uk/en/campaigns/junior-https://www.
Working in law is your passion. You’ve gone through oryearsinterviews,centres,assessmentapplications,countlesstwooftrainingvariousexams and have built a portfolio to become a Qualified Solicitor. You’ve achieved your dream! Surely now, the world is your oyster.
Law Care, a charity which supports and promotes mental wellbeing across the legal community in the UK, conducted a research study in 2020/2021 “Life in the Law” which confirmed that those aged 26 – 35 displayed the highest burnout scores. This age group also reported lowest autonomy, lowest psychological safety and highest work intensity. Female legal professionals averaged higher burnout compared with their male counterparts. A staggering 69% of participants reported that they had experienced mental illhealth in the preceding 12 months before completing the survey. Of these 69%, only half felt comfortable talking about this at work because of the fear of stigma that would attach to them and the resulting career implication including financial and reputational consequences.
Manage your energy and take breaks – Understand when your energy levels are high. Are you a morning person or an after-lunch person? Do those high intensity tasks when you are high on energy. Further, simple things like “not having any time to exercise or going to your swimming class, not being able to go for a walk or being stuck at your desk at lunch time” can lead to burnout. Take time to slow down, recharge your batteries and take 5 to 15 minutes out of your time to focus on yourself. This can be done by going for a 10-minute walk, a coffee with a colleague or a quick mediation session. This will not only help manage your stress levels, enhance your mental focus but also restore high concentration levels and alertness resetting you for productivity.
Goodbye, Imposter Syndrome, Stress & Anxiety. Hello, Happy Times!! Unfortunately, this is not the reality for many junior solicitors. I have personally spoken to many junior solicitors who confirmed that upon qualification their stress levels increased at an alarming rate trying to keep up with the fast-paced workload with tight deadlines, client demands and unrealistic billing targets, amongst other reasons.
3. Be aware of your feelings and your triggers – Recognise when you are engaging in negative self-talk. There’s nothing worse than having self-doubt when you are trying to put your best foot forward at work. In order to recognise you are engaging in negative self-talk, you need to be aware that it is happening in the first place. You need to be aware of the patterns, triggers and feelings that influences your emotions. For example, a colleague/partner asks you a question in relation to an area you are not familiar with. You answer the question, and it turns out that it wasn’t the right answer. A person who is aware of their limitations and feelings will recognise the negative self-talk trigger and can stop it by using affirmations such as “I did my best and at least chose to give it a shot”. However, a person who is not aware of their negative self-talk pattern will continue to be stuck in a loop by repeating the same thing in their mind which is, “I am not good enough, I could have done better etc”. A simple mindset shift of being aware of how a certain situation is making you feel. i.e. angry, fearful, stressful, can improve your ability to identify and control your own emotions so you can choose a better pragmatic response in future situations.
As junior lawyers, there are certain steps we can take to alleviate stress at work:1. Let go of perfectionism –While I am typing this, my perfectionist personality is rearing its head and saying with discord, ‘What are you telling them?!’ But it’s true. There is a time and place for perfection. When dealing with legal cases, complex or otherwise, it serves us well. It is something that I value within myself. However, we must also recognise that perfectionism has led to greater levels of disappointment and many low points when a certain situation has not materialised as we envisioned, leading to stress and anxiety. Therefore, figure out what really must be done nearly perfectly, and when good enough is, well, good 2.enough.
These are worrying results. Stress in the workplace can have an astounding effect, not just on your mental health, but also your physical health and can cause strain on other areas of your life. Therefore, it is vital that we, as junior lawyers, recognise signs of stress which can lead to burnout and address it promptly.
Further, there are various charities and organisations that offer support to anyone suffering from mental ill-health. Law Care, WJLD’s chosen charity for their Malvern Walk event on 14 August 2022, offers free, confidential emotional support to anyone working in the law and you can contact them on 0800 279 6888. Marina Akram Silverback Law Marina Akram www.worcestershirelawsociety.com
Of course, it goes without saying that the law firms we work for have a responsibility to look at the root causes of mental ill-health and stress by addressing workloads, how work is allocated, and ensuring sufficient qualified support staff are available to assist with the volume of work assigned. Not only that, but law firms should also provide constructive feedback in the form of a learning-focused, twoway conversation when addressing any issues with junior lawyers. This includes flexible working when required, support for growth and collaboration.
4. Set clear boundaries for yourself and others – In order to avoid burnout, it is important to set and enforce boundaries for yourself and others. This will allow you to perform your work at a higher level. For example, your manager asks you to draft a letter to the client. Take time to ask your manager about the time sensitive deadlines, if any, seek clear communication and learn to say no if you can’t do the work within the time constraints. Alternatively, see if you can move around any other work which is not a priority to get the deadline done by the required time. You also need to set clear boundaries for yourself. Have a goal to shut down your laptop and step away from work at a certain time every evening.
I particularly recall the visit of Martin Mears in 1996 (he had become President in 1995 in the Peasants Revolt, a protest by solicitors against Buggins’ turn) and the visit by Tony Girling in 1997 when things had calmed down. The AGM was an event for the local legal calendar and an opportunity to catch up with colleagues, rivals and members of the legal fraternity and sorority.
Annual Dinner
In 2002, the postponement for a month or two of the date of the annual dinner led to a court hearing in London in August 2002 at the suit of the aptly named “Stand and Deliver” - who lost. In contrast to fabled stories of the shenanigans of senior partners of member firms of neighboring local law societies at their annual dinners, WLS members have behaved themselves.
Traditionally, the President and the Secretary attend the National Law Society conference and the local Law Society conference each year in order to catch up with developments in the legal sector, to give input, and to network.
My recollections of the WLS from 1990 to 2017 – James Sommerville James Sommerville 22
Traditionally, Presidents of neighboring Law Societies (including Birmingham), members of the local judiciary, local worthies, and other guests of the President’s choice are invited. Occasionally the Chief Constable also makes an appearance.
Notable guest speakers have included (in no particular order)
Carol Thatcher, Mr Justice Curtis, Mr Justice Hughes (as he then was), Mr Justice Flaux (as he then was), former Labour Government Minister Mike O’Brien QC, Peter Morris (Crown Prosecutor), Dr Alex Pravda (an Oxford don) and Lord Digby Jones. The contributions of the guest speakers varied from informative, educational and often hilarious, to the dire. No names, no pack drill.
Training In 1998, the WLS entered into a fruitful partnership with Central Law Training (CLT) and this commenced in 1999 when CLT began to offer courses over a wide range of disciplines. CLT accepted the commercial risk and shared the net profits equally with WLS. For many years this produced a welcome addition to the WLS’s revenue stream over and above member Insubscriptions.thecourse of time, the onset of the internet and webinars together with in-house training resulted in fewer members of the WLS attending the in-person CLT courses and the arrangement came to a dignified conclusion in the second decade of this century. Presidents Over the years, Presidents have been drawn from firms across the county including the larger firms. Robin Humphreys went beyond the call of duty by remaining as President for two years after his year in office. Other Presidents have gone on to become Presidents of the West Midlands Association of the Law Society, Council members at the National Law Society and District TwoJudges.Presidents have been struck off and/or spent time at Her Majesty’s pleasure.
The late Robin ap Cynan was the Council member for the Welsh Marches (Worcestershire, Shropshire, Herefordshire, Brecon & Radnorshire) from 1990 to 2015 and was a valuable conduit to the WLS. Patricia Beeching nobly stepped up to the task of being our Council member after Robin died in the autumn of 2015.
This was and still is the highlight of the President’s year.
Over the years and with changing times, attendance at the WLS AGM has declined. The venue was moved to the former police station at Deansway and sometimes we were fortunate to attract 25 to 30 legal souls.
www.worcestershirelawsociety.com
180 years of the Worcestershire Law Society (founded 1841)
When I first came to Worcestershire in April 1990 I was quickly inveigled by the late Adrian Gaynor-Smith, then the President of Worcestershire Law Society (WLS), into the ways of the Society. The AGM fell shortly afterwards attended by 70 or 80 members at The Bishop’s Palace at Worcester with a meal afterwards in the Bishop’s Parlour.
WLS and the National Law Society
At the 1990 AGM, David Hallmark assumed the mantle of ThePresident.principal guest speaker at the AGM for many years was the current President of the National Law Society (NLS).
The venues for the annual dinner are also varied and have included Eastnor Castle, the Pear Tree at Smite, Star Hotel in Worcester, the Guildhall at Worcester, Grafton Manor in Bromsgrove, Stanbrook Abbey in Callow End, the Abbey Hotel in Malvern, and Chateau Impney in Droitwich. Again, the annual dinner was an opportunity to network.
• Lobbies local MPs; • Acts as a conduit for local solicitors and their firms.
In the last 10 years and at no cost to the WLS, the Pears magazine was launched. It is paid for by advertising within its pages. It has proved a popular and effective conduit to members, not only by the President but also by Committee members, and has included contributions by members of the WLS to its editions. It has advertised forthcoming training, the AGM and social events.
• Visit to the Edgbaston Test Match;
The President was and is assisted by the WLS Committee consisting of volunteer members from the Solicitor body in Worcestershire. The Committee:
• Participation in Worcester Lawyers Cricket matches with WLS members providing contributions of varying quality.
• Visit to Madresfield Court;
Communications and Social Events
WLS Committees
The Secretary
• Makes representations on behalf of WLS members e.g. on conveyancing, legal aid, civil charging rates, laws reform and the like;
The job of the Secretary of the WLS was and is to take minutes of the meetings at WLS Committees, liaise with the President and members of the WLS regarding courses/training and local legal issues arising, send out the paperwork for the AGM and report back to the Committee and the President on communications received from the National Law Society.
In relation to the latter, these have included (and preceding the Pears magazine itself):
• Tenpin bowling;
• Visit to Hobsons Brewery in Cleobury Mortimer;
The Secretary also attends the Annual Secretaries Conference hosted by NLS. A former Secretary has gone on to be a District Judge in the County. From 2013 onwards the day to day tasks of the Secretary were taken over by a part-time Administrator.
• A lecture by Professor Anthony Bradley (with a supporting cast) in 2000 at Worcester Cathedral to mark the Millennium and Worcester’s connection with King John and the Magna Carta –attended by over 400 guests;
Time does pass quickly and a written record will be a helpful reminder for our colleagues in the future of what it was like.
J A [NoteSommervillefromthe Editor of Pears – we would like to invite anybody with their own recollections of the WLS over the years, which they would like to share with our members, to email these to katie.banks@mfgsolicitors.com for inclusion in the next edition.]
www.worcestershirelawsociety.com
23
• Considers papers emanating from the National Law Society and responds;
• Visit to the Tower of Worcester Cathedral;
Final Note I would encourage all those who have had a long association with our Worcestershire Law Society to put pen to paper with their recollections and I look forward to reading them.
• Murder mystery at the Commandery;
1961 – this saw the death of John Stallard; a dinner was organised at the Worcestershire Hotel. 1963 – there were 78 members.
1947 – Roy Harrison was appointed Deputy Lieutenant – “unique for member of the profession in Worcestershire”; the Committee debate was whether the same solicitor could act for seller and buyer. 1948 – Hugh McNaught was accused of touting and blamed his clerk; the West Midlands Association of Law Societies became operational; the Law Library was at Pierpoint Street; the Companies Act 1948 needed lectures in Birmingham; the use of newspaper advertisements naming law firms needed Law Society consent. 1949 – the Legal Aid Bill was discussed; articled clerks wanted law lectures but this was considered too expensive; the issue of recovery of costs by a nonassisted litigant against an assisted legal aid litigant was discussed; the 1949 Conditions of Sale were noted; at the 64th AGM 1949 RS Hallmark and AD Clark were admitted members; the Law Library was to move to the Shire Hall.
1954 – the Solicitors Benevolent Association was recommended.
There is admittedHallmarkmyofatthisdimensionpersonalatoessayinthatthebeginningtheperiodfatherRSistothe Society and at the end I am; thus covering two generations in one family whilst also covering the careers of many local lawyer personalities. Throughout this period of the history of the Society it was known as the Worcester and Worcestershire Incorporated Law Society. Under my Presidency we adopted the name change to the present Worcestershire Law Society. That emphasis of continuing evolution and of change is represented in the records under this review. Others will cover earlier years from 1882 and later years to today. The opening Minutes relate to 15 April 1947. In historical context World War 2 had been ended only two years previously and many members had served in uniform overseas in military combat. This included Col. Roy Harrison and my father Captain Robert Hallmark who was decorated by Mentioned in Despatches for his bravery. My father had to complete his qualification and articles as he had joined in 1939, the year he had graduated from Birmingham University. Those six years ended with his final military role assembling evidence of war crimes related to the conditions in Belsen Camp which he had entered to liberate with others from 43 Wessex Div. He would not speak of the horrors he witnessed. For all those returning to civilian life and professional lawyer work it must have seemed like a new beginning and in very different circumstances. Some members had served in the First World War such as J Lionel Wood and WL Curtler.
180 years of the Worcestershire Law Society (founded 1841)
1958 – topics were Conveyancing Scale fees, the Royal Commission on assizes, Touting by Estate Agents and the merit of institutional advertising; Law Society Refresher Courses Tapes at £ 1.00 each.
1967 – extra GM resolves to resist reduction in scale fees for divorce or members will decline to participate.
1953 – the Worcestershire Law Society made grants to professional students; the Town Clerk wrote about the revised form of Local Searches.
1970 – AGM; Magistrates’ Courts costs proposed at £25 for dangerous driving, £25 for careless driving and £18 for inquests; more firms were noted as using telex; the Severn and Wye Law Students Society began.
The names at the Committee Meeting are names of the history of firms, such as Johnston as President and FW Stallard and EC Harrison and FR Russell and WL Curtler and Huzzey as Hon Sec. More names will arrive as the story unfolds.
1957 – John Stallard attended a meeting to celebrate his 100th birthday and the oldest practising solicitor in the country.
1971 – Duncan and David Harrison of Worcestershire Law Society Minutes from 1947 to 1978 by David Hallmark David Hallmark
1964 – the plea for provincial schools of law and the success of the Institute of Legal Executives; several firms were closing on Saturday mornings; new members Hickman Suckling, Thursfield Holyoake and Simpson Soper.
1968 – Legal Aid hourly rate 3-4-5 guineas. 1969 – lecture on the Theft Act by Clerk EC Crangle; 115 members; recommended scale wages £8 per week graduates and £6 per week non-graduates, increasing £2 yearly.
1966 – new members Bill Stallard, Sam Driver White, Adrian Gaynor Smith; Basil Edwards takes chair; Eric Dickinson Hon Sec.
1950 – the Committee focused on Minimum Scale Fees and Press Announcements being used as advertising; AGM in 1950; the formation of a Law Students’ Society; the Poor Persons Committee dealt with 61 applications and the Legal Aid Act to come into force in October; on 28 May 1951 the Committee dealt with a complaint that bank managers were pressuring their customers to appoint banks as executors; the Committee resolved to tell the Banks “to restrain the enthusiasm of the managers”.
Summary
1967 – Annual Dinner tickets are £2.15.
24 www.worcestershirelawsociety.com
David Hallmark
Secondly, have faith and work hard. The route to qualification is not always a simple one, and there are times where I wondered whether I would ever manage it. However, looking back I am really thankful for my years as a Paralegal, because I gained invaluable knowledge, ability and confidence which you do not learn whilst studying. This in turn allowed me to make the most of my training contract when it started.
1974 – there was an energy crisis and VAT factor and NI increases; members rose to 150; noting 155 solicitors in the county and 57 in Worcester. 1977 – High Court rates of £12 per hour and £10 in the County Court; Adrian Gaynor Smith did 7 years ‘hard labour’ as Hon Sec; Mike Sefton working with CAB and Eric Dickinson with Marriage Guidance Council.
If you are determined that a career in law is for you, my advice would be to stick with it, focus on gaining as much experience as you can, and have confidence in your abilities.
July 2022
It is really useful to spend some time keeping up to date with the news, and try to consider the news stories from a legal perspective. If you have an interest in a particular area of law, then make sure you keep up to date with economic and business-related changes which might occur in that area. These changes would inevitably affect your future clients in that sector, and your subsequent advice to them as a result. There are also some really interesting legal podcasts out there, which are easy to tune into whilst you are on the go!
What do you enjoy most about being a solicitor? As a Litigation Solicitor, I love that each case has its own unique facts, that I am constantly challenged, and of course get a lot of personal fulfilment when achieving a great result for my client. I certainly don’t think I will ever be bored, which is definitely important to me!
1978 – new members Mike Huskinson and Luke Grant and David Hallmark (who, on qualifying in 1970, had set off driving overland telling his father he would “be back in 6-9 months to join the firm” – after travels and working throughout SE Asia in Thailand, Hong Kong, Indonesia, US, Vietnam Courts Martial and Seychelles he returned to the firm in 1977).
A couple of things; firstly, gain as much experience as you can. This is easier said than done but just take every opportunity which is made available to you. I completed some work experience at a law firm and a mini- pupillage whilst at University which really helped me decide that I wanted to focus on qualifying as a Solicitor. This also helped me to appreciate that a career in law is certainly not always reflective of the endless case law and statute that you are required to remember at University, which I was pleased about!
Aspiring lawyers and students are told to be commercially aware. What advice would you give to students/aspiring lawyers on how to be commercially aware?
25
In this article, Lucy and Rachel discuss Rachel’s route into the law, Rachel’s experience as a Trainee Solicitor and the importance of commercial awareness. Can you tell us a bit about yourself and your route into law? I am a 28-yearold Solicitor in the andIlasthavingmfgLitigationCommercialteamatSolicitorsLLP,qualifiedMarch.studiedLawCriminology at Lancaster University, predominantly because I studied essay-style A-Levels and had an interest in the subject. After graduating I applied for jobs in various solicitor’s firms. I worked as a Paralegal for 3 years in Proceeds of Crime, Private Client and Commercial Litigation departments whilst completing my Legal Practice Course online at Staffordshire University, before commencing my training contract. What advice would you give to aspiring lawyers starting out on their journey?
and Lyons became new members; the Committee discussed the conduct of unqualified conveyancer Francis Reynolds and his Property Transfer Association against the conveyancing monopoly; the British Legal Association was promoting the Vindication of the Solicitors Profession.
Where did you complete your training and what seats did you complete during your training contract?
I was lucky enough to have a varied and rewarding training contract at mfg Solicitors LLP. I completed seats in the Commercial Property, Corporate and Property Litigation teams, all of which I enjoyed, and which ultimately shaped my decision to qualify into Commercial Litigation.
Rachel Chambers Lucy George www.worcestershirelawsociety.com
Lucy George Lucy George, Social Media Secretary for Worcestershire Junior Lawyers Division, interviews Rachel Chambers, Commercial Litigation Solicitor at mfg Solicitors LLP.
An Interview with Rachel Chambers, Commercial Litigation Solicitor at mfg Solicitors LLP
• FCA = Fellow, Institute of Chartered Accountants in England & Wales
This is a moral tale about your choice of expert.
Carl Stokes is a former firefighter who became a fire safety consultant on retirement, and bid for the work of assessing fire safety at Grenfell Tower for the Kensington and Chelsea Tenant Management Association (KCTMO). He carried out six fire safety inspections between 2009 and 2016; that is, from long before the fire on 14 June 2017 until after installation of the disastrous cladding which Sir Martin Moore Bick, the enquiry chairman, found did not comply with building regulations.
• QDR = Qualified in Dispute Resolution. (In fact, I have this twice: as an accredited mediator at The Academy of Experts and as an accredited expert determiner there, in the first batch of five ever to be awarded this. I could put QDR QDR after my name, or perhaps QDR2, but that would be pretentious!)
And even before checking my extensive experience as a forensic accountant, expert witness, civil & commercial mediator and expert determiner, you could gain assurance that I am who I say I am, by checking the members’ lists on all those professional You,bodies.dear litigation lawyer, will have spent a great deal of time and effort on your cases. When you reach the point of instructing experts, don’t be fooled by a long string of invented qualifications. Relying on the likes of Andrew Ager or Carl Stokes as your expert may not be wise.
26 www.worcestershirelawsociety.com
• FAE = Fellow, The Academy of Experts (one of only about 60 worldwide)
Stokes’s evidence to the enquiry was that he got the job with KCTMO because he appended to his name six post-nominals to which he was not entitled or which did not exist. The report I have seen makes reference to some of them, from which one may deduce that his business card must have read something like this: Carl Stokes fire eng (FPA), IFE assessor/auditor (FSO), NEBOSH, FIA BS5839 system designer, competent engineer BS 5266 (plus one more, unknown) That’s ugly enough, but some of these were simply reference numbers for courses he had attended, and he was not an IFE (member of the Institution of Fire Engineers). When challenged on that, he replied that anyone could check that he did not have that qualification if they had looked at the list of members at IFA! This was clearly a person whose competence should have been questioned. And in further evidence it was revealed that he did not carry out proper inspections; in fact he cut and pasted extracts from other reports into his Grenfell reports, with the result, for example, that he commented on the Grenfell balconies. Grenfell did not have balconies.
I will not repeat Ager’s failings here, but that article tells a story which is difficult to believe. More recently, we hear of the failings of Carl Stokes who gave evidence at the Grenfell enquiry. This is another story which is difficult to believe, but please read on.
Post-Nominals – do they matter?
A little while ago – see wreck-your-case/chrismakin.co.uk/when-experts-https:// - I wrote about Andrew Ager, an “expert” appointed by the CPS to give evidence at the trial of some men accused of the sale of voluntary carbon credits. His incompetence, lack of experience and malpractice were quite breathtaking, causing the criminal trial to collapse and the CPS having to revisit several previous trials at which his unsafe expert evidence had helped to achieve convictions.
• MCIArb = Member, Chartered Institute of Arbitrators (as an accredited mediator)
Your intended expert’s post-nominals should stand scrutiny. As an example, here are mine with their provenance:
• FCMI = Fellow, Chartered Management Institute
Chris Makin
The moral is that someone at KCTMO should have checked this man’s qualifications when he was selected. And preaching the obvious, this should also be done by you as instructing solicitors when choosing your experts.
website with videos: chris@chrismakin.co.ukwww.chrismakin.co.uk www.worcestershirelawsociety.com 27
For more see
Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.
Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators. He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. his
Since its inception Remember A Charity has lobbied government and the legal sector, and communicated with the Will-writing public through a mix of consumer advertising, marketing, public affairs and strategic partnerships.
Since 2008, Lucinda has been an Associate Director at Turner PR, a specialist trade PR and communications agency for the charity sector, where she managed accounts for several sector bodies and campaigns, including; Remember A Charity and the European Fundraising Association. Leading both strategic communications and key collaborative research projects, Lucinda has built significant specialist knowledge of the legacy giving market.
Prior to this, Lucinda was Head of Communications at CIOF (which at the time was the Institute of Fundraising) and Communications Manager at The Giving Campaign.
Lucinda will pick up the reins from director Rob Cope, who is stepping down after leading the organisation for the last 12 years and moving to a new role within the Chartered Institute of Fundraising, as Executive Director of Membership and Charitable Giving.
Allan Freeman, chair of Remember A Charity stated: “Rob has been instrumental in the campaign, he has truly transformed it into what it is today with the support of 200 charity members and almost one in five people in the UK are leaving a gift to charity in their Will. We thank him sincerely and wish him the best in his new role.
“As we enter a new strategic phase, Remember A Charity is stepping up in terms of how we reach consumers all-year-round, working closely with financial advisers and on Will-writing guidance. We’re at the cusp of the biggest intergenerational wealth transfer of all time, which will provide a golden opportunity for legacy giving, so it was vital that we appointed someone with strong communications experience as well as a robust understanding of the legacy field, who can build on our existing work.”
Remember A Charity appoints Lucinda Frostick as new director
Lucinda Frostick
28 www.worcestershirelawsociety.com
Rob Cope said: “Lucinda brings with her a huge amount of communications, PR, campaign and legacy sector experience, which will be invaluable in growing legacy giving further and leading Remember A Charity’s new strategic plan. I’m so pleased to be passing the baton to someone who is so passionate about legacies and the massive impact this type of giving can have for charities.”
Remember A Charity has today announced the appointment of Lucinda Frostick as its new director, to lead the 200-strong charity consortium in its aim to grow the legacy market and normalise gifts in Wills.
Looking at Hertfordshire, our data shows that 22.5% of the county’s area will see soil subsidence hazard risk increase from moderate to high by the 2050s, with a further 9% moving to ‘very high’.
With all climate models projecting hotter, drier summers in the future, there is increasing likelihood of soil shrinkage, which can create downward movement in buildings located on vulnerable soils. This shrinkage is worse in clay soils, which are commonly found across the south east of England, and has the potential to move foundations, cracking walls and ceilings, resulting in expensive insurance claims and repair bills. Our data suggests that more than 5.76 million properties in Great Britain are today exposed to medium or high subsidence risk. This increases to approximately 6.64 million in the 2030s. Specifically, just over half a million more properties (547,317) could be at high exposure in the next 60 years, compared to today’s figures.
Yet, other well-known environmental issues such as subsidence, which has the potential to create a problem with lending and insurability if identified, are not always a go-to search. While this hazard may not be an issue everywhere in the UK today, we do believe it is an issue that should be taken seriously, particularly as we look into the future. We know that subsidence can be caused by a number of issues, including the shrinkage and swelling of soils in response to changing moisture conditions, the impact of trees, aging infrastructure or man-made disturbances. To date, subsidence searches have looked at historic data to understand if such risks pose a threat to a property address, however with the changing climate, we believe it is vital to instead look forward to model future hazards.
By Dr. Tim Farewell, Head of Science, Dye & Durham
To ensure that home buyers have a clear understanding of possible hazards or restrictions that have the potential to affect their future home, a diligent property professional will always recommend undertaking a variety of searches for every residential transaction.
A contaminated land or flood search are often routinely undertaken by many, regardless of location, property type, size, proposed use or client.
Future Insights from the Climate Report
30 www.worcestershirelawsociety.com
If you would like to discuss this topic with me directly, you can connect via LinkedIn: farewell-26557116/www.linkedin.com/in/timothyTo learn more about the Climate Report or to obtain a free sample, email Insightsales@dyedurham.com or visit dyedurham.com/insight-data-risks/.https://
In fact by the 2050s, our data shows us that over 80 counties across the UK are likely to experience an increased risk of soil subsidence hazard to some degree, moving from low to moderate, moderate to high, or high to very high, as a result of our changing climate. In particular, additional parts of Middlesex, Hampshire, Berkshire, Hertfordshire and Surrey could move to the highest subsidence hazard classes by the 2050s2
We have undertaken some analysis of our National Ground Risk Model (NGRM): Climate™, which models future climaterelated environmental hazards, and identified that more than 7.65 million properties in Great Britain could be exposed to medium or high risk of soil subsidence by the 2080s. This is an increase of over 1.89 million individual properties, and is as a result of climate change1
Dye & Durham’s market leading Climate Report launched to help property lawyers and conveyancers protect homebuyers’ best interests and make informed, futurefacing decisions. In addition to subsidence, the Climate Report models a range of hazards for individual properties, including coastal erosion, flood risk exposure and extreme winds, over the next 60 years. The report has been designed to cover both physical hazards and delve into how extreme climate conditions could affect properties over time. Ultimately, robust climate science indicates that we will see more hotter, drier summers and wetter winters as a result of our changing climate. These conditions are of real concern as they are likely to result in an increase in both the severity and frequency of climate-related impacts to our homes, infrastructure and, more worryingly, the health of vulnerable members of our Incommunities.conveyancing, there is a tendency to look backwards to determine risk levels, however it is time to start using insight and data to look forward: If we, as an industry, can increase awareness of climate change and its potential impact on our homes and communities, more people will become engaged and want understand how this may affect their property in the future and take steps to help mitigate risks posed by the changing climate.
2. Climate change data has been calculated based on a High Emission Scenario (RCP 8.5, Equivalent to 4.3°C global warming by 2100s)3.https://www.lawsociety.org.uk/topics/climate-change/creating-a-climate-conscious-approach-to-legal-practice
Ground Hazards: Due Diligence for Today and the Future
References: 1. Climate change data has been calculated for Unique Property Reference Numbers (UPRNs) in Great Britain, based on a Medium Emissions Scenario (RCP:4.5 Equivalent to 2.4°C global warming by 2100s)
Modelling Future Hazards for Homebuyers
Last October, the Law Society published a Climate Change Resolution3 that outlined the role solicitors can play in addressing the climate crisis, which included a call to action to develop a climate-conscious approach to legal practice. But what does this mean for property lawyers and conveyancers? We believe there is the potential to help clients understand climate change impacts by providing data insights as part of the conveyancing due diligence process.
Given the vast sums of money that pass through the legal professions’ client accounts, along with the volume of data typically held, the legal profession continues to be an attractive target for criminals. The scams are becoming increasingly sophisticated and even the most diligent and careful business can find itself a victim to attack. Recent examples include Simplify Group’s cyber-attack in November of 2021 which caused significant disruption in the property market with many transactions being delayed significantly as a result, causing huge stress on impacted clients.
The professional indemnity market continues to be challenging but there are signs that the steep increases legal practices have experienced during their professional indemnity renewal will not be felt quite so widely across the marketplace. Whilst potentially welcoming news, it does not mean that premiums will lower. Instead there is an expectation that a much more stable rating environment is on the horizon. Unfortunately, this is not the case for the cyber insurance market, which is currently experiencing an unprecedented claims environment across all sectors.
Regardless of the industry, sector or profession, there is an expectation from insurers that their insureds will continually improve all their risk procedures over time; the speed of evolution is expected to be much quicker for cyber-related risks, and what was acceptable in 2020 may no longer be so. It is not that these measures implemented are no longer “en vogue”, but unfortunately these alone offer little defence to the criminals of today.
• As a proportion of all claims that our Cyber team has witnessed, those arising from external factors, such as data theft, malware, and social engineering have increased 59% between 2019 and 2020.
• claims frequency increasing at an average of 13% year-on-year BUT • Severity, (the total loss amount) has increased at an average of 80% over this same period.
Ransomware-specific claims were the cause of about 5% of claims notified to Lockton in 2018, accounting for 10% of the total incurred. By contrast, in 2020, ransomware claims accounted for 17% of all claims, and for more than 80% of the total incurred.
33
A dramatic rise in both frequency and severity of loss has been experienced across the cyber market, which has curtailed the appetite of insurers significantly. Numerous insurers previously active in this space are now exiting from underwriting the class entirely, making the availability of coverage quite scarce. Those insurers that remain active are increasing premiums and policy excesses as a result, whilst sometimes also reducing limits of indemnity, and sub-limiting and/ or restricting coverage.
www.worcestershirelawsociety.com
Expected Standards and Underwriting Approach The barrier to obtaining cyber coverages has historically been quite low, with some insurers offering coverage without the requirement to provide any specific risk related information. These practices are now obsolete with insurers undertaking a more comprehensive risk assessment. As a result they are requesting much more detail about the specific risks associated with businesses before they will even entertain providing any cover, however restricted this coverage may be.
What Should You Do? Whilst many practices may outsource their IT function(s) and infrastructure to third parties in full or part, it is likely that the burden of responsibility remains with the law firm. The regulators, whether that be the Information Commissioners Office (ICO) or Solicitors Regulatory Authority (SRA) may well come knocking.
Reducing the cyber risk exposure of legal practices
In April of this year the Bar Council advised that it was a victim of a malicious Thesecyber-attack.arejust two examples affecting the legal profession that have hit the headlines recently but there are hundreds of incidents that do not make the headlines, notwithstanding the considerable cost and significant distress to impacted businesses and their clientele.
The appearance of zero-day vulnerabilities in the last 12 months (e.g. the log4j/ log4shell zero-day vulnerability identified in November 2021) reminded the insurance market of how cyber risks do not always come in the form of targeted attack and can arise from what many would have considered to be simple, nonrisk software.
Looking more broadly across all industries, our Cyber Claims Team has reviewed data from the last 5 years of claims that show:
What would constitute a vulnerability? A vulnerability is a weakness or flaw in computer software that could allow an attacker to use the software in a way not intended by its creator. Usually, the attacker exploits the flaw to perform malicious and unauthorised actions within the computer system. When vulnerabilities are discovered, they are generally added to a public list of Common Vulnerabilities and Exposures (CVE) and given a CVE ID or number, in the format CVE-2021-12345.
The Claims Environment
• Security policies and procedures: Policies and procedures which explain an insured’s baseline security controls, and which must be adhered to. These can provide insurers further comfort that the insured has as strong understanding of the potential cyber risks. If you have any questions relating to cyber or your professional insurances, please do not hesitate to contact myself or a member of the Lockton Solicitors Team.
• Intrusion Detection and Prevention systems (IDS/IPS): Devices which can detect and prevent intrusions into the network.
continued...
The minimum cyber requirements of a law firm today include:
Reducing the cyber risk exposure of legal practices Recent history has shown us that no practice is too big or too small to be a target for these criminals; it is therefore incredibly important that practices take stock and address cyber risk fully and in a timely manner, to avoid becoming an unfortunate statistic.
• Backups: Data must be backed up at least weekly and stored offsite/offline/ in the cloud and protected via MFA, encryption and separate credentials. If backups are not adequately segmented and protected, they could potentially be encrypted during a cyber-attack making them useless for restoring encrypted/lost systems.
• Training: All employees must undergo annual cyber security training including phishing. People are still considered the weakest link in cyber security and regular training helps keep this matter at the forefront of their minds and is proven to reduce the rate at which phishing links are clicked on.
• MFA (Multi Factor Authentication): Required for ALL remote access, administrator/privileged account access, Remote Desktop Protocol, third party access (e.g. vendors) and online backups. Ticket-based MFA is becoming the market minimum standard and requires a randomly generated code to be inputed into the application before access is granted. This code is either sent to a user’s phone or generated by an application, removing the sole reliability on a username and password.
• Anti-Virus / Firewalls: In place and updated on at least a quarterly basis. Anti-virus software constantly scans to detect and record any malware whilst a firewall filters incoming and outgoing information by creating ‘blocks’ which filter the data.
• Patching: Critical patches must be implemented within 30 days; however, many insurers are now requiring this within 7 days. If a software provider releases a patch, which looks to remove a potentially exploitable vulnerability, then insurers require their clients to install this quickly to reduce their potential exposure to this vulnerability. This includes handheld devices too such as an iPhone it would be using the latest iOS (which is version 15.5 at the time of writing this).
• Secured PC and server builds: Computer/Server builds which only allow specific services which are required on the devices to run and do its particular job.
• Removal of local administrator rights from staff and separate credentials for domain administrators: Administrator rights can allow users to change vital computer settings, therefore, if one of these accounts were compromised a threat actor would be able to change security settings which allowing them potentially to move undetected.
34 www.worcestershirelawsociety.com
The disruption caused by experiencing a cyber event is one thing, but the reputational harm to your business should not be underestimated.
• Privileged access management tooling: This software is the gold standard for protecting privileged accounts. Locks access to administrator accounts behind MFA, only releasing their use for a short period of time (e.g. 30 minutes).
• Endpoint Protection for all servers and workstations: This software examines files, processes and system activity and provides a centralised management console for administrators to monitor and investigate potential incidents.
• End of Life: End of Life Systems, where no further software updates are being released, must be segregated to prevent full network spread of malware.
• Email filtering tools: Required to be implemented on any form of email and is used to pre-screen emails for potentially malicious attachments and links. This helps reduce the number of malicious emails that are sent to employees, further reducing the likelihood of a successful phishing attempt.
• Business Continuity plans and Incident Response plans: These plans are required to be reviewed and updated regularly and reassure insurers that the insured knows how to react if they are a victim of a cyber-attack.
Whilst we advocate the transfer of risk and therefore encourage firms to investigate obtaining appropriate cyber coverage if they do have this already, a cyber policy should only complement strong business resilience measures that are in place. Once implemented, it is important to evolve and upgrade these measures regularly.
Gold Standards In addition to all of the above being implemented, the following are currently recognised as the “Gold Standards”:
• Network segmentation: Segmentation implementation, with a special focus on protecting critical information and services. Segmentation helps prevent a threat actor moving laterally across a network, reducing the likelihood they can access sensitive data.
• SIEM (security information and event management) monitored 24x7 by a SOC (Security Operations Centre): The SIEM software collects and analyses aggregated log data, whilst the SOC operator looks at the aggregated data to spot any potential anomalies.
