Issue 47 Autumn 2023
WLS Awards And the Winners Are…
ALSO: • The True Cost of Divorce • Spotlight on… Robert Capper • A Day In The Life Of A Trainee Solicitor • and more...
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This edition... Issue 47 Autumn 2023 4 5 6 6 6 7 8 8 10 10 11 11 11
Committee Members and Member Firms President’s Introduction Silverback take to the water for charity HCR wins Solicitor of the Year and Lifetime Achievement award at Worcestershire Law Society Awards Law firm celebrates hat-trick at Worcestershire Law Society Awards HCR Family team continues to grow with two new appointment Record number of 16 home grown trainees qualify in September at HCR Law firm expands Private Client offering with appointment of new partner HCR shortlisted for Property Law Firm of the Year at West Midlands Property Awards Worcestershire law firm welcomes latest cohort of trainees From East to West - Legal 500 2024 rankings showcase HCR’s continued growth Deserved award for Trainee Legal Executive. Trio of appointments as law firm grows Property Litigation offering
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Children’s charity seeking Volunteer Mentors Shared passion for people results in international collaboration Worcester 10k run Cyber Essentials celebrates its 10th Birthday A Day In The Life Of A Trainee Solicitor Index PI - Celebration and Regulation WLS Awards 2023 President Award Winner – Mr David Wilkins Meet the Family Law team - Anita Hennessey The True Cost of Divorce: Why Legal Guidance Matters Spotlight on… Robert Capper Worcester School of Law Understanding charity beneficiaries When your expert costs you money! The use of DNA testing in legal practice Law Society sets 2030 net zero target
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Committee Members Andrew Chandler President mfg Solicitors LLP andrew.chandler@mfgsolicitors. com
Patricia Beeching Committee Member Law Society Council Member for the Welsh Marches
Zoe Webster National Rep Hallmark Hulme zoe.webster@hallmarkhulme.co.uk
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
John Aldis Committee Member St Philips Chambers jaldis@st-philips.com
Lauren Powell-Bateson Social Media Secretary Harrison Clark Rickerbys lpbateson@hcrlaw.com
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Alexandra Phillips Committee Member mfg Solicitors LLP alexandra.phillips@mfgsolicitors. com
Emily Willett Social Media Secretary mfg Solicitors LLP
Vishal Mahay Committee Member Silverback Law vishal.mahay@silverbacklaw.co.uk
Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk
Esme House Events Secretary QSPW
James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com
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Visit our website: www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety
Worcestershire Junior Lawyer Division
Amy McGowan-Docherty Editor of The Pears magazine Harrison Clark Rickerbys amdocherty@hcrlaw.com
Olivia Jubb Chair Harrison Clark Rickerbys ojubb@hcrlaw.com
Georgina Groves Committee Member Harrison Clark Rickerbys ghunt@hcrlaw.com
Marina Akram Vice Chair Silverback Law marina.akram@silverbacklaw.co.uk
Stephen Hurley Committee Member University of Worcester s.hurley@worc.ac.uk
Molly Batten Secretary mfg Solicitors LLP molly.batten@mfgsolicitors.com
Elizabeth Miles Committee Member Greens Solicitors elizabeth.miles@greenssolicitors. org
Charlette McDermott Treasurer Bradley Haynes Charlette@bradleyhayneslaw.co.uk
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Yazmin Griffiths Events Secretary Harrison Clark Rickerbys
Eve Ryan Charities Secretary Silverback Law
President’s Introduction Welcome to the Autumn Edition of the Pears Magazine. Recently the WLS came together to celebrate professional excellence within our county at the Annual Awards Evening held within the beautiful settings of the Bank House Hotel on Friday 15 September 2023. Fortunately the weather was fine and it was very well supported with over 200 in attendance. Those lucky enough to be there were treated to an MC magician of the magic circle performing amazing close-up tricks and the exceptional hospitality of the hotel. All those who were nominated, shortlisted and of course the winners were well deserving of the Society’s recognition
and reward for all their achievements which culminated in the presentation of the Lifetime Achievement Award to Dawn Oliver of Harrison Clark Rickerbys. We are certainly surrounded by some especially talented legal professionals in this county. Special thanks must go to the sponsors of the event without whose continued and valuable support we would not be able to put on such an event in such surroundings. A personal thank you from the committee and I is due to Laura Osborne whose tireless work and efforts behind the scenes ensures time and again that this event never fails to impress. As well as celebrating the achievements of the previous year the evening was also an opportunity to raise much needed funds for Mentor Link whose good works were described by its Chief Executive and Founder Andrea Maddocks MBE who kindly accepted our invitation to attend
and represent the charity. I am pleased to confirm that your generosity on the evening in playing “Heads & Tails” raised a substantial sum of £815 for the charity. The committee and I look forward to seeing as many of you as possible at next year’s Annual Awards Evening so please do save the date when it is announced! In the run-up to the end of the year the committee and I would like to take this opportunity to wish you all a very Happy Christmas and best wishes for a prosperous New Year in 2024. 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. Andrew Chandler President, Worcestershire Law Society 2023-2024
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News News News News News News The second award of the evening, Solicitor of the Year, went to Family Law Partner James Osborne. James said “I am immensely proud to have received this award. I had a fantastic evening surrounded by incredible legal talent. I simply could not have won an award like this without the support of my incredible team at HCR and my clients, who it is a privilege to represent.”
Silverback Law's charity dragon boat race crew! Silverback take to the water for charity. A huge ‘well done’ to Silverback Law for their performance at last month’s charity Dragon Boat Race in Stratford-uponAvon. Though not quite making it through to the finals, they were still able to post an impressive time of 1:03! As you can see from the photo, the team had an amazing day (despite the dismal weather) and they’ve raised just over £1,000 thanks to kind donations! The event itself has raised over £33,000 for The Shakespeare Hospice, an incredible organisation close to their hearts, who offer support and outstanding palliative and end-of-life care to patients, their families and carers across South Warwickshire.
awarded to HCR Partner, Dawn Oliver for outstanding contributions to legal services in Worcester. Alongside her legal work in the Private Client team, as a Partner Dawn has also focussed on CSR activity across the firm including fundraising and support for charities in the communities we live and work in. Dawn said: “I am honoured to have received this award. There’s nothing more rewarding to me than helping my clients and giving back to the local community. Having spent over 25 years of my legal career with HCR, it’s been a privilege to be part of the firm’s continued growth and put down roots in wonderful Worcestershire.”
The team are incredibly grateful for all the support and generous sponsorship received so far and there's still time to donate to their fundraising at www. justgiving.com/page/silverbackdragonboatrace2023
HCR wins Solicitor of the Year and Lifetime Achievement award at Worcestershire Law Society Awards The Worcestershire Law Society Awards were on Friday night and HCR won Solicitor of the Year and the prestigious Lifetime Achievement award which was
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Charlotte Thornton-Smith, Head of Worcester office, said “Congratulations to all the nominees and winners this year. The awards celebrate and recognise the dedication of a wide range of staff across the firm, all of whom play an integral part in the continued success of HCR.”
Law firm celebrates hat-trick at Worcestershire Law Society Awards Worcestershire law firm mfg Solicitors has won a trio of honours at this year’s Worcestershire Law Society Awards ceremony. The firm’s Agriculture and Rural Affairs team, led by partner Alexandra Phillips, won the prestigious Discipline of the Year category, capping off a strong year for the department as it continues to advise farmers, landowners and rural businesses across the UK. The second award was won by Victoria Wall, a solicitor within mfg’s Kidderminster-
News News News News News News team is one of the largest in the country and it’s expanding further with the appointment of Laura Williams as Partner and Hannah Nicholls as Legal Director. Both are experts in family law and mediation and are passionate about the benefits alternative dispute resolution can bring to families. Laura’s specialism is wealth protection where she advises on how to manage and protect your assets both during and after a relationship. Her specialist experience also covers parental and grandparent disputes involving children.
Photo: Simon Fall-Taylor based Contentious Probate department, who took home the Junior Solicitor of the Year prize. Meanwhile, Jordan Golding, an Operations Assistant also from the firm’s Kidderminster headquarters, won the Administrator of the Year Award. Iain Morrison, partner and chairman of mfg Solicitors said: “The Society’s annual ceremony is a highlight in Worcestershire’s business calendar so we’re delighted to come away with three awards. “First and foremost, Victoria and Jordan are two outstanding members of our team in Kidderminster and they impress every day, supporting clients and partners with absolute professionalism. I was thrilled to see them both recognised and I know it means so much to them.
farmers and landowners across the UK.” One of the oldest in the country, the Worcestershire Law Society was formed in 1841 to support and promote the work of the legal profession across the county. Hosted by president Andrew Chandler, this year the awards were held at Worcester’s Bank House Hotel with over 200 guests attending.
HCR Family team continues to grow with two new appointments Harrison Clark Rickerbys’ (HCR) Family law
Hannah advises clients across all aspects of a relationship breakdown, including divorce and financial division, cohabitation and wealth protection. Her expertise covers complex children matters both in the UK and internationally. James Grigg, Head of Family Law at HCR said: “Our clients are going to benefit tremendously from Laura and Hannah joining the team – they are very well regarded family law specialists. Their mediation expertise in particular will certainly enhance our current offering and open new doors for us at the same time. It’s a very exciting time to be joining the team and I’m so pleased to have them on board for that journey.” Hannah and Laura’s appointment comes just after the team launched it’s ‘Unified in Separation’ service earlier in the year, whereby clients can benefit from a ‘one couple, one lawyer’ approach to divorce - helping couples achieve their shared objectives amicably.
“Meanwhile, our Agriculture and Rural Affairs department simply goes from strength-to-strength. It’s a team I myself led for well over a decade so I know the hard work, long hours and dedication that goes in from every single member of the team, including support staff. “The award from the Worcestershire Law Society is another milestone for a team which is trusted time and time again by
Laura Williams and Hannah Nicholls
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News News News News News News
Photo: Simon Fall-Taylor Record number of 16 home grown trainees qualify in September at HCR A record number of 16 Trainee Solicitors are qualifying and taking up roles across HCR this month. The newly qualified solicitors (NQs) will be based in eight of our ten offices including Birmingham, Cambridge, Cheltenham, Central England, London, Thames Valley, Worcester and Wye Valley. HCR trainees are placed within a range of legal disciplines and sector-specialist teams, in order to experience as broad a range of legal work as possible during their training period. The breadth of teams our NQs are joining – which includes Banking, Charities, Corporate, Commercial, Education, Employment, Family, Private Client, Real Estate, and Insurance, Risk and Regulatory – shows the range of opportunities on offer for staff. Jessica Mant is qualifying into the firm’s Commercial team as one of the 16 NQs, she said: “I'm thrilled to be qualifying at HCR - undoubtedly my experiences, learning and personal development opportunities have far outweighed what I would have got elsewhere. The trust in trainees at HCR and the autonomy we have has
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given me valued hands-on experience. I'm very excited for the next step in my HCR journey!” Rachel Turner, Partner and Training Principal said: “I’m absolutely delighted to be welcoming these home-grown NQ Solicitors to the firm – we’re very much looking forward to supporting them to develop, and help their clients be successful. They have all put in an extraordinary amount of work to get here, and I know our clients will benefit from their expertise and dedication. They have a very promising future ahead of them.
strengthened its Private Client department with the appointment of a new partner. Solicitor Peter Tyrrell, who has 18 years’ experience of advising and supporting a range of businesses, has joined mfg and will work closely alongside partner and head of department, Giles Scott. Based at the firm’s Worcester office, Peter will focus on growing mfg’s Private Client offering, advising individuals across the region on a range of matters including inheritance tax planning and trust advice, alongside guidance on wills and estates.
“HCR is passionate about developing talent. Within our recruitment practices we try to appeal to as broad a talent pool as possible, and we offer a wide range of progression routes including nontraditional routes. We’re delighted these 16 individuals are continuing their journey with us. Congratulations to all Solicitors qualifying this month.”
Giles Scott, Head of the Private Client Division at mfg Solicitors said: “Peter is a first-rate and highly regarded legal specialist who will add significant weight to our already respected team.
Law firm expands Private Client offering with appointment of new partner
“I am looking forward to Peter contributing to our success in the months and years ahead. He is already making a fantastic impact within the firm, our team, and with
Worcestershire law firm mfg Solicitors has
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“Having successfully worked across the sector for nearly 20 years, he has the credentials and professionalism we look for in a partner.
News News News News News News across the West Midlands and beyond, and the wide variety of work we do on behalf of our clients.” The nomination comes hot on the heels of Head of Real Estate, Thames Valley, Lewis Djemal’s winning Young Property Professional of the Year at the Thames Valley Property Awards 2023.
Worcestershire law firm welcomes latest cohort of trainees Leading Worcestershire law firm mfg Solicitors has welcomed its latest group of trainees as it continues to build for the future.
Giles Scott and Peter Tyrell
Joining the firm as first year trainees are quintet Lucy Palmer, Florence Fisher, Molly Batten, Rachel Pick and Sufyaan Aslim.
our clients regionally and nationally.” Peter Tyrrell added: “Joining Giles and the rest of the team presents an exciting opportunity for me as we prepare to move into 2024. “The firm’s extensive client base is wellrecognised and its growth and geographic spread impressive. I’m looking forward to strengthening the range of services provided by the department, bringing new clients on board, and ultimately helping add to mfg’s reputation as a trusted law firm.” Aside from wills, power of attorney and the administration of estates, mfg’s Private Client team also deal with a variety of tax and trusts matters and care for the elderly.
The five new recruits have been handed two-year contracts and as part of the programme each will spend six months training, alongside their studies, within four out of the firm’s eight departments. all things property, from architectural practices to commercial developments and construction projects. Head of Real Estate, Philip Parkinson, said: “I’m thrilled that we’ve been shortlisted for Property Law Firm of the Year – it’s testament to the hard work of the team
Readers can contact Peter through peter. tyrrell@mfgsolicitors.com
HCR shortlisted for Property Law Firm of the Year at West Midlands Property Awards HCR’s Real Estate team have been shortlisted for the Property Law Firm of the Year award at this years’ West Midlands Property Awards. The black-tie event will be held at Eastside Rooms, Birmingham on 23 November. The ceremony celebrates the best in
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mfg trainees
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They follow last year’s cohort of trainees, Kiran Kaur, Lucy Allen, Rachel Dear, Amelia Edwards and Reuben Grimshaw, who move into the final year of their training. Tom Esler, partner and Board member responsible for the firm’s trainee
News News News News News News programme said: “This year we are delighted to be welcoming yet another incredibly strong group of trainees into the firm. “Alongside their studies, the programme will give Lucy, Florence, Molly, Rachel and Sufyaan the opportunity to work across various departments. It provides them with vital hands-on experience, working closely with our partners and clients every day. That’s vital to prepare them for the future and all five are already making an impression. “We’re also pleased to see last year’s cohort move into their second year after a very successful 12 months. It’s also a big year for them and I cannot speak highly enough of their passion and dedication during their first year.” As part of the programme the trainees are encouraged by more experienced lawyers to develop their technical and communication skills, gain hands-on experience dealing with clients, and provided with opportunities to network with clients and within the business and local community.
From East to West - Legal 500 2024 rankings showcase HCR’s continued growth Feedback from clients and industry peers indicates that Harrison Clark Rickerbys’ investment in industry leading legal experts in specialist practice areas has paid off. Whilst the firm retained its position as a tier 1 firm in many areas, it achieved new rankings for the award-winning Technology team in Wales. The powerful double act of Nicola McNeely and David Beynon resulted in the team being
promoted to tier 1 for IT and Telecoms and Intellectual Property.
Deserved award for Trainee Legal Executive.
For HCR’s specialist Education sector team, led by Partner, Kristine Scott there is a new tier 1 ranking in London as well as a tier 2 in the South West. Both Nicola and Kristine are named as Leading Individuals in their specialist areas – with Kristine also added to the Hall of Fame. Newly ranked this year is the firm’s Sport offering, led by Partner Raj Pahuja. Wayne Beynon is noted as a Leading Individual for his specialist Sports dispute resolution expertise. Rachel Khiara also comes recommended for her Partnership expertise. In Cambridge, the firm's stronger offer is reflected with a Commercial Property team tier 1 ranking, as Partner, Helen Mutucumarana joined the team earlier this year; a new ranking for Health and Safety with Regulatory specialist Partner, Kathryn Gilbertson in the Hall of Fame, and Roopa Ahluwalia being recommended for Family law. In Thames Valley the team continues to stand out with rankings for Corporate and Commercial, Construction and Commercial Property. Family law Partner Kate Grant builds on the firm’s offering as a Leading Individual, along with Private Client Partner, Emma McCarthy who comes recommended. In the East Midlands, the Family team, one of the largest in the country is noted as a Firm to Watch – maintaining its position held in the 2023 rankings. Overall, the Family team is ranked across five regions this year including tier 1 for West Midlands, tier 2 for Birmingham and in the South West, and tier 3 in East Anglia and Wales. These new rankings complement the firm’s solid full-service offer from Wales to Cambridge, and Birmingham to London. HCR achieved 15 top tier rankings in the newly published guide across 41 ranked practice areas. There are 127 individual lawyer mentions, 34 of whom are noted as Leading Individuals and 11 colleagues noted as Rising Stars and 14 Next Generation Lawyers.
Zoe Sant Zoe Sant, Silverback Law's Debt Recovery Team Leader, had cause to celebrate recently when she was awarded Trainee Solicitor of the Year at the Worcestershire Law Society Awards. The award means a great deal to her, not only as it recognises her incredible performance in her role with Silverback Law, but also as it is yet another example of successful progression through CILEX as opposed to the more traditional routes into the legal profession. Zoe commented “It’s great to see the barriers being broken down – CILEX is worthy of the same recognition. When I was 17, I was told by a recruiter that I would not have a career in law unless I took elocution lessons due to my Black Country accent. If you see this, you were wrong! From the bottom of my heart I would like to thank my directors and everyone at Silverback Law for the support and encouragement always.”
Trio of appointments as law firm grows Property Litigation offering Worcestershire law firm mfg Solicitors has expanded its Property
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News News News News News News then we would like to hear from you. Many young people in schools with social and emotional difficulties urgently need the support of an adult who can dedicate around half an hour each week to provide listening and support. If you are patient, reliable and want to make a difference to a young person then we would like to hear from you. As one year 9 girl wrote to her mentor “I am glad I met you as you have allowed me to be who I am today and without you who knows where I would be right now.” There are many young people who really need the support of an adult mentor right now, so please make a difference and volunteer.
Emily Packer, Kirsten Bridgwater and Katie Stubbs Litigation department with three new appointments. The most senior appointment into the six-strong team is assistant solicitor Emily Packer who will work closely with partner Kirsten Bridgewater at the firm’s Worcester office. Also based in Worcester is Molly Batten, who has been appointed as a trainee and has recently commenced her two-year training contract with the firm. And finally, making up the trio of new appointments is Katie Stubbs, who has been appointed into a new paralegal role working at the Bromsgrove office. Kirsten Bridgewater, partner at mfg Solicitors and head of the Property Litigation department said: “As a team we’re experiencing a sustained growth in demand for our services so it’s an exciting time to be expanding the department. “What’s important is that Emily, Katie and Molly each bring a new dimension to the team and this is all about us investing in the future. “Firstly, Emily has a specialism in property litigation matters and will be a huge
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asset moving forward. Katie’s paralegal role is completely new for us and as she grows, so will we. We are also delighted to welcome Molly as a trainee after she secured her training contract with the firm. She has hit the ground running and is already showcasing so many of the skills we look for.” Split between mfg’s Worcester and Bromsgrove offices, its Property Litigation department offers a variety of services for land and homeowners, landlords and tenants, businesses including farming and investors. Those services include claims around property rights and interests, breaches of covenant, trespass, possession recovery, lease extensions and disputes with neighbours. Readers looking for further information on the firm’s Property Litigation services can visit www.mfgsolicitors.com or email kirsten.bridgewater@mfgsolicitors.com.
Children’s charity seeking Volunteer Mentors If you want to give something back to help, make a difference to the lives of vulnerable and distressed young people
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Mentor Link is committed to safeguarding and promoting the welfare of children and young people and we operate using Safer recruiting techniques. All training and travel expenses are paid. If you are interested in becoming a mentor and would like more information, contact enquiries@mentorlink.org.uk Tel: 01299 822336 www.mentorlink.org.uk Reg Charity No. 1169026
News News News News News News
Héctor Brito (Tribeca), Juan Bezares Susín (Tribeca), Rod Thomas, Managing Partner at HCR and José Miguel Mayayo Díaz de Zerio (Tribeca)
Shared passion for people results in international collaboration
a more in depth understanding of our clients’ needs.”
Top 60 UK law firm Harrison Clark Rickerbys (HCR) and Spanish firm Tribeca have strengthened their longstanding relationship by announcing a collaboration, designed to meet the needs of their clients.
As part of the collaboration, not only will Tribeca establish ‘boots on the ground’ within HCR’s international HQ at 62 Cornhill, London, HCR are seconding an experienced lawyer from their Cheltenham office to Tribeca. They will live in Madrid and be part of Tribeca’s team for six months. Both firms see this as just the beginning for their teams.
Both firms cite cultural and sectorspecialist alignment as key factors, and a shared passion for people. The firms have a history of working together successfully - particularly with Tech sector businesses - and have supported several clients with international M&A and employment matters. The collaboration will give Tribeca’s clients access to HCR’s full-service UK offering, and HCR’s clients access to Tribeca’s expertise and experience in Spain.
Juan Bezares, Partner at Tribeca said: “By growing our presence in London we’ll be able to work even more closely with HCR for the benefit of our clients
and their M&A transactions. We’ll also be able to offer more services to our Spanish clients through HCR’s full-service practice. In addition, we’ll be able to support more UK businesses wanting to expand or do business in Spain, and also private individuals buying property or investing. We’re excited to take the next step on our journey together.”
Worcester 10k run Congratulations to members of the HCR Worcester office for completing the Worcester 10K on Sunday 17 September. Their fundraising efforts supported The Myriad Centre!
Rod Thomas, Managing Partner at HCR said: “This is an excellent opportunity for both firms who already have a history of working together supporting clients with their growth plans. For us it also enhances our offering to staff, with an increasing proportion of our work having an international element it is a great opportunity for our staff to have
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Cyber Essentials celebrates its 10th Birthday requirement in the supply chain of many sectors. This is because they realise that globally interconnected communications and transactions are a vulnerability as well as a strength and improved cyber hygiene minimises the risk. Duncan Sutcliffe In 2024 the Cyber Essentials Certification scheme marks its 10th anniversary. The Scheme was launched by the National Cyber Security Centre (NCSC) with the goal of providing a benchmark for UK organisations to increase their cyber security and increase the resilience of the UK as a whole. Today thousands of certificates are issued every month and the evidence gathered over this period shows that Cyber Essentials significantly reduces the likelihood and severity of a data breach. Cyber Essentials is recommended by SRA and Lexcel as well as other professional and trade bodies and is now a mandatory
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Sutcliffe & Co Insurance Brokers have been heavily involved with cyber insurance during this period and have seen the growth in certification numbers and the effectiveness of certification, director Duncan Sutcliffe comments: “Cyber enabled crime is now more common than all other crimes combined but it can be difficult to know how to react. The Cyber Essentials scheme is a fantastic solution, it ensures that the fundamental technical controls are in place to prevent or mitigate the vast majority of cyber threats.” Cyber Essentials looks at 5 technical controls: Firewalls, Secure Confiuration, User Access Control, Malware protection and Patch management. The Cyber Essentials Plus certificate is a step higher and includes
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an internal and external vulnerability scan. Certificate holders range from sole traders to global PLCs. Cyber Essentials certifications are set to double as more people see the value to their own business and their supply chain. Duncan agrees “We insure thousands of organisations across the UK and those with Cyber Essentials are far more resilient than those without - insurance companies recognise that these technical controls really do work. We are also seeing an increase in contracts and tender documents mandating both Cyber Essentials certification and Cyber Insurance.” If you would like to learn more about Cyber Essentials certification you can visit the websites of the NCSC www.ncsc.gov.uk or The IASME Consortium who administer the scheme on behalf of the NCSC www.iasme.co.uk or for help with cyber insurance contact www.sutcliffeinsurance. co.uk
A Day In The Life Of A Trainee Solicitor I personally find the area of Litigation really interesting. Whether it’s a botched building job or a delivery of faulty materials, I have the opportunity to shadow my supervisor in the journey of obtaining justice for our client. One of the reasons I love being a trainee solicitor is that no day is ever the same. I’m currently in my Litigation seat; this means my days can be completely unpredictable and offer varied and interesting challenges. Also assisting the Employment team, I love that I am getting such a vast amount of experience. If a mediation or court hearing has not taken me away for the day, the team and I will usually catch up in the morning and discuss the cases we are working on. Having open dialect with my colleagues is helpful as a trainee as it means I’ll have the opportunity to ask questions as and when they arise. It is also beneficial to listen to multiple viewpoints on a situation, as with litigation nothing is ever ‘cut and dried’! I have recently become involved in some employment dismissal matters and will often attend client meetings with my supervisor. When we attend a client where there has been a potential unfair dismissal, I will sit in on the meeting and make sure I take detailed notes, whilst my supervisor is discussing the matter with the client.
part of my development, and getting the opportunity to speak to different businesses and individuals can be insightful. I always make sure to connect with the people I meet via LinkedIn, as I now know this is often the start of a working business relationship. If I have some time towards the end of my day, I will make sure to add to my training diary. This is an integral part of my development and gives me the opportunity to sit and reflect on what I have been a part of and how this has enhanced my development. It can be easy to overlook how far my colleagues and I have come as trainees, but, having noted my experiences down, along with how I have helped in ‘black and white’, I have a good reminder of my progression. Now on my last leg of becoming a solicitor, it is essential I can show that I am developing the skills required by our regulatory body, but on a more personal level, it is a great reminder that all the hard work is paying off! Amelia Strike trainee solicitor 01905 900 919 amelia@bradleyhayneslaw.co.uk
I used to take these notes by hand but quickly learned using Word was the way to go! I really enjoy getting to meet with clients, especially where I know we are helping them through a stressful time. After the meeting, I’ll usually need to carry out some legal research on what the client has experienced and assist my supervisor to decide the best options available and draft advice for the client.
Amelia Strike
I have recently joined and have been attending the Worcester Business Buzz events at ‘Ye Olde Talbot’. Networking is such an important
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WLS Awards 2023 On 15th September 2023 over 200 of the local legal community gathered for our Annual Worcestershire Law Society Awards at a brand-new venue The Bank House Hotel in Bransford. This was our biggest event to date and the atmosphere on the night was fantastic!
We would like to thank our wonderful sponsors, listed below for their continued generosity and support, without which this event would simply not be possible.
The competition for the awards was stronger than ever this year and we want to extend a massive congratulations to our winners (listed below). If you didn’t win the trophy in your category this year, please do enter again as you really were all worthy winners!
St Philips Chambers
Index PI (Main Sponsor )
Kind Wealth Malvern St James Verify 365
Lifetime Achievement Award 2023: Dawn Oliver Harrison Clark Rickerbys
Simon Fall Taylor – FT Images
Team of the Year 2023 - MFG Solicitors: Agriculture and Rural Affairs Team
Solicitor of the Year 2023: James Osborne Harrison Clark Rickerbys
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President’s Award 2023: David Wilkins, Greens Solicitors
Employee of the Years 2023: Sarah Wood, Quality Solicitors Parkinson Wright
Barrister of the Year 2023: Tom Harrill St Ives Chambers
Administrator of the year 2023: Jordan Golding mfg solicitors
Trainee Solicitor of the Year 2023: Zoe Sant Silverback Law
Paralegal of the Year 2023: Aimee Stubbins, Hallmark Whatley Hulme
Junior Solicitor of the Year 2023: Victoria Wall mfg Solicitors
Photography by Simon Fall Taylor – FT Images
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President Award Winner – Mr David Wilkins heart of what the Court needs to focus on – the safety and wellbeing of the child. When David was interviewed by the WLS Award Panel, he commented that if he were to win, it would be for all of the Care Lawyers in the area, who he considers to be just as dedicated as he is and deserve recognition for their work in an under appreciated area of public service. I wouldn’t want anyone to leave this article thinking that our Mr Wilkins is some kind of loveable Saint. Far from it. Working in the office with David can be a challenge, his ability to project his voice is legendary, and his refusal to ‘go paperless’ is the bane of Julie Maguire’s life. He also supports West Bromwich Albion which may be cause for a cognitive or capacity assessment in some people’s view…. Being a smaller firm, it’s not often that we have something to shout so loudly about. However, at the WLS Award night 2023, our very own Mr David Wilkins, was the very proud recipient of this year’s President Award. Although David was nominated for Solicitor of the Year, the eminently sensible Panel of Judges decided that David was just that little bit special and deserved special recognition. We at Greens wholeheartedly agree. David has been ‘around since God was a boy’ as he once told me, and began his legal career as an Articled Clerk, admitted as a solicitor on 15th December 1982. Working for the majority of his younger years in the Black County as a highly respected Criminal Solicitor. In 2016, David joined Greens in Birmingham, and then established our Worcester Office that has expanded under his watchful eye. David solely practices in the area of Care Work now, not the easiest of areas of law. It is not just the dedicated hours, but the fact that the work means you are meeting people who can be at the lowest point of their lives, dealing with issues relating to their children that most people think only happens on TV, and dealing with Court deadlines that have no leeway for the emotions of the families and children involved. As a Law Society Children Panel member, David also works directly with the children who face separation from their parents and family. Having to explain the role of the Solicitor, assessing a child’s competence to give direct instructions, and managing a case for the Guardian, would fell a lesser person at times, but David’s dedication and fierce belief in what he does keeps him going. One of the most endearing qualities of David is his selfdeprecating sense of humour. He will not accept praise, batting it aside and trying to ‘move swiftly on’. He is respected by local lawyers, and judges, who all appreciate his calm manner in Court, ability to cut through the emotions to the
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Those minor character flaws aside, David, we salute you for 40 years of sterling service, for championing legal aid, for supporting your fellow care lawyers and for being this year’s very worthy winner of the Worcestershire Law Society President Award.
Meet the Family Law team - Anita Hennessey and save costs. What is your most memorable legal experience and why? I think my first contested final hearing as a newly qualified solicitor was one to remember. The judge decided it was appropriate to proceed with a final hearing on the day, so I had to conduct a full evidential hearing with very little experience. I was successful in the application and the respondent narrowly avoided prison. What is your top tip for clients? Without a doubt put your children first and do not allow adult issues to cloud your judgement in doing what is best for your child or children. LinkedIn “Without a doubt put your children first.” – that’s Anita Hennessey’s number one tip for clients. As a Partner in our Worcester Family Law team, Anita is passionate about helping families during difficult times.
Next in our meet the team series is Anita Hennessey, Partner based at our Worcester office. Anita is passionate about helping families in difficult times, especially where children are involved. What first attracted you to a career in law? I studied criminal law at A Level and fell in love with the subject. I often spent my free time watching criminal trials from the Public Gallery. After university I started working at HCR at age 21 as a paralegal in private client. It was during my training contact at HCR that my passion for family law began. I enjoyed helping people at what is likely to be the most difficult time of their lives. What type of legal advice do you provide and to what sorts of client? I provide advice to private clients going through a separation and consequential issues such as divorce, child arrangements and cohabitation disputes, as well as financial remedy proceedings. I also advise on pre and post nuptial agreements. I am also a solicitor advocate, meaning I can represent clients as their advocate in court. This is beneficial because it often ensures continuity of representation, avoids counsel where appropriate
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The True Cost of Divorce: Why Legal Guidance Matters Deciding to end a relationship is a profoundly emotional and challenging decision. It requires careful Alison Rolf consideration of your future, finances, and well-being. Before embarking upon the divorce process, have you ever thought about what it entails, how long it might take, or how much it could cost you? Many people worry about legal fees, but here’s a crucial piece of advice: not seeking professional guidance can often end up being far more expensive in the long run than investing in timely advice from the start. Understanding the System The divorce process is more than just signing papers and parting ways. It involves navigating a complex legal system, understanding alternative dispute resolution methods, and being aware of the time frames that dictate the process. Without this knowledge, you may find yourself overwhelmed and unprepared for the challenges that lie ahead. This lack of understanding can make the emotional
toll of ending a relationship even harder to bear. Financial Implications One of the common concerns during divorce is the cost. People worry about legal fees, but cutting corners can be a risky move. Consider this: a few hundred pounds spent on legal advice at the beginning of your divorce journey could potentially save you thousands in the long term. When you choose not to seek advice, you may inadvertently make costly mistakes or miss out on financial opportunities that could benefit you in the future. Unforeseen Consequences Many individuals have gone through the divorce process, reached agreements on financial matters, but have failed to formalise these agreements with a legally binding order. This oversight could leave you exposed to potential claims by your ex-partner in the future, even after the divorce has been finalised. For example, without a proper order, you may be unable to agree on pension sharing or resolve other financial issues. These unforeseen consequences can disrupt your life and your finances, making it even more crucial to seek professional guidance from the outset.
The Value of Legal Advice To help you navigate the complexities of divorce, consider seeking legal advice from a qualified professional. Many experienced divorce lawyers offer a fixed fee for an initial consultation, allowing you to explore your options without any obligation to proceed further. Just as you wouldn’t purchase a house without a thorough survey, commencing divorce proceedings without expert advice could be risky and costly. Summary When contemplating divorce, it’s essential to think not only about your emotions, but also about your future well-being and financial stability. Seek the benefit of professional advice to understand the divorce process, avoid unforeseen complications, and ultimately save both time and money. Remember, investing in legal guidance now can make all the difference in ensuring a smoother and more secure transition into your post-divorce life. Alison Rolf is a Chartered Legal Executive at Silverback Law and has over 26 years’ experience in all areas of Family Law including matters involving divorce, children, finances and cohabitation. Alison can be contacted on 07974 581 696 or by emailing alison.rolf@silverbacklaw.co.uk
Talk to LawCare Bad day at work? Need to talk? Life in the law can be challenging and sometimes things can get on top of you. Talk to us – we’ve been there. LawCare the mental wellbeing charity for the legal profession. We offer confidential, emotional support, peer support, website resources, plus training and talks for legal organisations. We also promote mental health and wellbeing best practice in legal workplaces and drive culture change. We’ve been supporting legal professionals for 25 years and we understand life in the law. Our support service offers a safe place
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to talk without judgement. We’re here to listen, with helpline calls, emails and online chats answered in confidence by trained staff and volunteers, all of whom have first-hand experience of working in the law.
Whether you’re feeling burnt out, worrying about a mistake you’ve made, struggling with a heavy workload, being bullied at work, or you just need to let off steam - we’re here whenever you need to talk.
We won’t ask for your roll number or details of your workplace, you don’t have to give your name, and we are independent of professional bodies and regulators.
If you need support contact our helpline on 0800 279 6888, email support@lawcare. org.uk or access online chat and other resources at www.lawcare.org.uk We are available 9am to 5pm, Monday to Friday.
We also have a network of peer supporters, people who work in the legal profession who may have been through difficult times themselves and can offer one-to-one support, friendship and mentoring to people referred to them.
We understand life in the law.
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Spotlight on… Robert Capper
What type of legal advice do you provide? I provide commercial legal advice and head up the commercial team. I am always available for my clients, providing round-theclock accessibility as their go-to person for any legal matters, not limited to commercial ones. This aligns with my position as Deputy Relationship Partner for Homes England. Clients approach me with a diverse range of legal concerns, and I direct them to the appropriate experts within HCR to ensure a swift and professional resolution. Regardless of the area of law, I am the trusted advisor, confidante, and often, the closest ally, my clients rely on to navigate their legal challenges. Why did you choose your specialism? My specialism allows me to build on-going relationships with my clients and their businesses. I enjoy getting to know their businesses and the legal challenges they face so that I can make a real, tangible difference for the businesses I work with. What type of work does your team do that is relevant to Homes England? Or have you been involved in any Homes England projects? My role within the commercial team can provide commercial contracts for Homes England projects. This would cover supply chain, procurement, data confidentiality and anything relating to partnerships. What was your most memorable outcome for a client? And why? Completing a significant long-term supply contract for a
much-loved well known business. My team played a pivotal role in securing the client's financial future while safeguarding the business and preserving the livelihoods of thousands of employees. The satisfaction derived from making such a positive impact on both the client's financial stability and the jobs of numerous employees was rewarding. How have you supported your local community? I consider myself fortunate to work and live in a community where I can support numerous local businesses. I find it fulfilling to help them with their growth and development, offering valuable advice to overcome the challenges they face on their journey. Plus, I make a conscious effort to shop locally and show support to independent businesses whenever possible. Why do you think a commitment to helping the planet is important? And can you give any examples where you have made a change to help the planet? As a commercial lawyer I provide day-to-day advice to many companies striving to enhance their businesses on a net zero basis. This includes guiding them on waste agreements, energyefficient agreements, electric car schemes, and other net zero-related matters. We assist clients whose business deals with goods and services aligned with net zero objectives. For instance, we recently represented an electric vehicle-exclusive car manufacturer, working on a line of electric cars that are modern versions of popular predecessors. We also advise clients who are looking to improve systems and procedures to make them more net zero compatible.
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Worcester School of Law
About the Law School The School of Law opened in 2016 and is based in the Jenny Lind Building at the University of Worcester (City Campus). The School’s objective is to produce high calibre Law graduates, equipped with a good grasp of substantive legal subjects and current legal issues; a questioning mind and the ability to engage in high level problem solving, combined with a strong sense of community engagement and client care. Law at Worcester is designed with employability in mind and students will have the chance throughout their studies to pursue opportunities such as mentoring, work placements and mini- pupillages. Both the purpose-built courtroom and jury room are used for teaching, assessments and events.
• Professional Practice LLM (top-up) for those wishing to convert their LPC or BPTC to a full Master of Laws degree.
LLB Prize for Community Engagement (First year students) Riley Teasdale
For the first time, we are now accepting applications for our MPhil/PhD programme in Law on both a full and part time basis. Our first candidates began their studies in October 2023 and will join an existing and vibrant research community at the University of Worcester.
LLB Prize for Academic Achievement (First year students) Lewis Siket
Student Prize Winners Following our most recent graduation ceremony in September 2023, the following students received prizes which recognise academic achievement . The School of Law would like to take this additional opportunity to congratulate those students and to thank our prize sponsors for their support of the School of Law:
Toby Hooper KC prize for best overall performance in Criminal Law (Second year students) Francesca Corstorphine
Programmes Whilst the School of Law’s most popular undergraduate programme is the LLB (Hons) Law (both full-time and part-time), we run a number of other programmes including: • Law with Criminology • Law with Politics • Law with Forensic Psychology • Degree in Professional Policing
The Parkinson Wright Prize for Best student overall as measured by community engagement and academic achievement Olivia Hardiman
We also run the following postgraduate programmes: • LLM in Legal Practice (full or part time)
The Hallmark Whatley Hulme Solicitors Prize (Final year students) Kelly Chadwick
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The Hallmark Whatley Hulme LLP Prize for Most Improved Performance (First year students) James Hill
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LLP
Toby Hooper KC prize for best overall performance in Criminal Law (First year students) Zack Leo and Amy Webber
Upcoming events We are delighted once more to be hosting the Annual High Sheriff of Worcestershire’s public lecture on 21st November 2023. This year’s speaker is the media, IP and human rights lawyer and TV commentator on legal and current affairs, Mark Stephens CBE. Mark, a Partner at Howard Kennedy, will speak on “Truth, Freedom and the Media”. The University and the School of Law look forward to welcoming students, staff and members of the local legal community to hear this fascinating lecture. There are a limited number of places left for this year’s annual public lecture. For those wishing to attend please email schooloflaw@worc.ac.uk to reserve a place. Places are allocated on a first come first served basis.
Understanding charity beneficiaries by Remember A Charity Why should we consider gifts in Wills and how we communicate with charity beneficiaries? Because legacy income for the charity sector is significant. Here at Remember A Charity, we know that the continued support of legal professionals is a key reason why charity income from gifts in Wills is increasing with this form of giving being up 43% in the last decade*. Through consistently making clients aware of the option to give in this way, and by showing your support for this form of charitable giving through joining initiatives such as our Campaign Supporter scheme** and other Will-writing schemes, Law Society members are playing a vital role in helping public awareness and appetite for gifts in Wills to continue to grow. Whilst both keen to ensure client wishes are upheld, we know that charities and the legal sector often come at estate administration from a very different perspective. Understanding why this might be was the subject of our recent Campaign Supporter webinar on how to communicate effectively with charity beneficiaries about gifts in Wills. Here’s some of our top tips and insights: Charities operate under a legal and governance framework Charities are required to navigate a complex maze of red tape in order to satisfy the requirements of both the Charity Commission and of their auditors, which mean that they have a moral and legal duty to ensure funds are claimed and accounted for in a timely way. This includes maximising the value of assets disposed of on their behalf, making best use of tax exemptions (both in relation to Capital Gains Tax and Inheritance Tax on the estate), and the need to demonstrate that they have done so to their auditors. With gifts in Wills forming around significant part of their income, charity auditors place a huge emphasis on ensuring a strong audit trail, so charities may come to you with lots of questions. Often, it’s to complete a form or reassure trustees and auditors around due diligence so be open and receptive to their needs Alert charities to any potential issues Most probate cases run smoothly,
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but a small proportion will encounter some kind of issue – from disputes over the validity of the Will, to delays and complexities associated with the selling of properties. For a large charity this can mean dealing with hundreds of difficult cases each year. Alerting them early to any potential challenges means you can work collaboratively to find a resolution, saving you time and helping to prevent a frustrating toand-fro of correspondence. Keeping an open dialogue, we’d encourage you as solicitors and Will-writers to keep charities in the loop wherever possible, giving timely updates on the estate, and the likely next steps. Timing is crucial, particularly when it comes to particularly sizeable gifts, which can have a transformative impact on the charity and therefore could influence key investment decisions. Understanding when funds are likely to arrive helps charities manage cashflow and improve their forecasting, enabling them to plan ahead and budget for the future - a key factor for charities looking to maximise their efficiency. Some gifts will be more difficult for charities to accept Charities are grateful for all gifts, no matter their size and shape. However, some gifts will be more difficult than others for charities to accept. For example, they may be too hard to dispose of or selling/maintaining them will in fact cost the charity more than the gift is worth. For example, an ivory statue could cause problems for a charity with either legal issues or going against their ethical guidelines (depending on the age of the item). Similarly, particularly valuable items such as a violin may need to be accompanied by care guidelines and may require funding to enable the charity to properly maintain them. And restrictive guidelines asking charities to use funds for a specific purpose, which the charity cannot meet when the Will comes into effect decades later, can also prove challenging. So, if a charity is unable to accept a gift in that form or requests an opportunity to discuss or explore alternative options, this is unlikely to be that they are don’t want or need the funds - but simply that they are keen to find a way forward that meets their own requirements, whilst still fulfilling the donor’s wishes.
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Charity staff have varying levels of legal understanding Many charity staff within financial or legacy administration teams you deal with will be qualified and well versed in the process of dealing with charitable estates, but this won’t always apply - particularly when dealing with charities that are new to gifts in Wills and haven’t been named as beneficiaries before. It is therefore best to communicate by email wherever possible, and to be patient and allow sufficient time when it comes to any required decision making on the part of the charity, as the individual you are speaking with may need to double check with colleagues or seek other advice before proceeding. Try to keep the language in all correspondence easy to follow, minimise jargon, and manage expectations in case they are unfamiliar with the process. Network locally with charities A positive relationship can be a win-win for business development – with potential opportunities such as the chance to ask for your details to be featured in digital marketing collateral, or to raise your profile by offering support at a Q&A session for the charity’s staff and/or supporters. Charities will often seek out corporate support, and in turn this can offer you a great opportunity to build relationships and attract more clients; after all, charity staff may not have written a Will yet themselves. With a mission to normalise giving to charity from your Will, our free Campaign Supporter scheme gives Will-writers access to resources and exclusive digital marketing assets to help you start up those all-important legacy conversations. All Campaign Supporters are also listed in our searchable directory for those looking for help in writing their Wills. **To find out more about our Campaign Supporter scheme for solicitors and Willwriters, visit: www.rememberacharity.org. uk/advisers You can also join our dedicated LinkedIn Group for Professional Advisers, to network with likeminded legal professionals and keep up to date with all the latest developments when it comes to gifts in Wills. Ref: *Remember A Charity Consumer Benchmarking Study 2022, OKO
When your expert costs you money! because the case was so very technical) castigated instructing solicitors in Akebia Therapeutics Inc and Otsuka Pharmaceutical Co Ltd -v- Fibrogen Inc, stressing many times that it is the duty of the instructing solicitor, not just the expert, to know CPR 35 and the Practice Direction, and to ensure for example that the expert attaches their CV to their report (basic!) and that there is nothing in the published literature by an expert which contradicts the opinions they express to the court. Chris Makin You kind readers of this journal, or of the blog page on my website, will have noticed that I go on and on (and on and on...) about incompetent or even dishonest expert witness. It is over 12 years now since the expert’s immunity from suit was removed — see Jones -vKaney [2011] UKSC 13 — and since then we have had: • a third party costs order against an expert see Martine Robinson -vLiverpool University Hospital NHS Trust in Liverpool County Court at reference FOSYS511 though that was quashed on appeal and • a medical expert threatened with jail in Liverpool Victoria Insurance Company Ltd -v- Dr Asef Zafar [20191 EWCA Civ 392 where the solicitor was jailed immediately. • We have also had blatantly dishonest experts in a major conspiracy to defeat justice in Accident Exchange Ltd -vNathan John George-Broom and six others [2017] EWHC 1096 {Admin) where seven experts were jailed for up to 13 months. Preaching the obvious, the courts rely heavily on expert testimony, and are becoming harsh on experts who get it wrong, particularly if they are dishonest. But what about the lawyers? Do they get off scot free? Not any more! There have been examples in judgments of the court insisting that instructing solicitors know CPR Part 35 as well as the experts they instruct. Arnold IJ (sitting as a judge down in the High Court
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But so far, although the reputation of these solicitors can hardly have been enhanced in their clients’ perception, and although costs recovery may have been difficult, there was no example so far as |am aware of the management of experts being a direct cost to instructing solicitors. Buy now it’s different. In Jagger -v- AXA Insurance UK PLC [2023] 7 WLUK 293 the solicitor’s management of their expert was so bad that they rightly will have to meet the cost. The case concerned a claim for allegedly defective cavity wall insulation installed by Heatwave Energy Solutions. Heatwave had gone into liquidation by the time the claim was issued in 2022, so their insurers became the defendant. The claim was for less than £10,000, although the solicitor said they hoped to be able to find an expert who would put it far higher. They had [our months after issue find such an expert. In that time, the claim was amended to a remarkable £83,562 to £104,000! The amended claim form was served almost at the end of the four months, but there was no appended Statement of Truth and the increased court fee was not paid within that four months. Experts in this speciality were difficult to find. There was a ‘Mr X’ who may have been able to help, but he had withdrawn from a number of similar cases when it emerged that he was to take a share of the damages, a very obvious challenge to the expert’s independence. The claimant solicitors never did find a
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suitable expert. The defendants applied for striking out or summary judgment, and the DJ granted this in part. He was scathing of the solicitor’s behaviour, saying this was an abuse of process. After all, they had amended the claim from about £10,000 to about £100,000 and had not even paid the additional court fee! The judge had costs orders in his armoury. He ordered that the claimants would pay the defendant’s costs of the application for striking out and they were debarred from claiming any costs incurred during the period of the abuse. Who in the end will pay these costs? It is reasonable to suppose that the client will object to paying, so the cost will then [all on the solicitor, No expert was maligned in this case, but it is a shameful example of a solicitor trying to use the presence -or absence - of an expert to strengthen their case and finding that it just didn’t work. They should have known better.
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%. For more see his website with videos: www.chrismakin.co.uk chris@chrismakin.co.uk
Email: bill.bailey1@nhs.net
The use of DNA testing in legal practice “Part of our DNA” has become a catchphrase t h r o u g h o u t l a n g u a g e s worldwide and it refers to a characteristic that Dr Neil Sullivan is innately part of something. Obviously, this is often misused but the phrase does convey a key principle, that all living things contain a molecule which codes for the essence of life, in whatever species, plant, animal or microbe. This molecule, deoxyribonucleic acid (DNA) and the technology that has developed around it, is now used in a host of applications - one of these, the determination of biological relationships, is the subject of today’s article. Our objective today is to provide a primer for the use of DNA in legal situations, particularly family law. It is the case that technology, ethics, law and society sometimes struggle to keep up with each other. This is particularly so with DNA technology, where we grapple with issues such as consent, parental responsibility, multiple parent babies, paternity fraud, sperm donation, postmortem testing, surrogacy, immigration to the UK and prenatal parentage testing. The majority of DNA testing is to determine the biological father of a child or paternity, where we are trying to prove that a tested male (the alleged father) is, or is not, the true biological father of a tested child. There are also tests for other biological relationships such as for siblings, twins, grandparents and aunts/uncles. These tests are used for resolving family disputes, immigration status and of course many instances of sensitive child circumstances involving local authorities. DNA is a chemical string of code which is unique to an individual. It is contained in nearly all the cells of your body (mature red blood cells are the exception) and is inherited half from the mother and half from the father. We examine this code in several ways to look at individuals and population characteristics, diseases
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(prediction and diagnosis), ancestry, to identify individuals in forensic cases and in our case, to decipher human relationships. The DNA is extracted from a few cells taken from the buccal cavity, a painless and noninvasive procedure which uses a cotton swab rubbed around the cheek of the mouth. We can use nearly any tissue but for controlled sample collection for legal testing, we always recommend the buccal swab route. In an identity test, the DNA is then examined for regions of similarity between the tested persons. In the case of a paternity test, the DNA test report will then confirm that the tested man is (usually with a certainty in excess of 99.999%) or is not the biological father of the tested child, which is given with 100% certainty. These results are termed either an inclusion (he is the biological father) or an exclusion (he is not the biological father). There are two types of test in general use, with the common parlance of a “legal” or “accredited” test, or a “peace of mind/ personal information” DNA test. This is an important distinction, because only a legal/ accredited test may be used for a legal purpose, such as changing birth certificate. In an accredited test, the appointed company will take control of the entire sampling and identity verification process, so that there is in effect a chain of custody of the sample from the subject to the laboratory. In a “peace of mind” test, the individuals are allowed to take the samples themselves and then return them to the laboratories; of course, in such cases we then rely on the participants to take the sample from the correct individual. This is unsuitable for any legal purpose. A common issue relates to consent and who has Parental Responsibility for the child. For DNA testing we must have “appropriate and qualifying” consent for each sample to be tested. Consent is required from each adult party that is to be tested and if the test involves a child under 16, then we must also have consent from a person with Parental Responsibility for that child.
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This is generally the mother, but may be the father under certain circumstances or indeed some other body (sometimes jointly shared with the parents), such as the local authority. We are often asked about the participation of the mother in the process, which is in fact required for a legal/accredited test. With the mother’s DNA analysed in the test, in the case of an inclusion the percentage probability of paternity is generally much higher. This is because the child’s DNA is inherited half from mum and half from father… but we don’t know which half! So by identifying the mum’s DNA, we can then see that the remaining DNA must come from the father. Sometimes, mum or alleged father(s) are not available for sampling and we then seek to obtain a DNA sample from other close family members so that we can attempt to establish a presumed parentage via DNA from siblings, grandparents or uncles and aunties. While the figures for relatedness will not be as strong as for a direct paternity test, we can often gain useful probabilities which provide helpful supporting data when taken together with other evidence. Cousins are biologically too far removed to be helpful in this process. These are all of course somewhat complex issues and if you require more detail please get in touch or go to our website for more information. Details can be found below.
About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter is a company accredited by the Ministry of Justice as “A body that may carry out parentage tests as directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969” and by virtue of directly running laboratory services which meet the stringent and internationally recognised ISO/IEC 17025 standard.
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Law Society sets 2030 net zero target who spoke about the guidance at the annual conference of the International Bar Association this week, said: “It is important that as well as providing guidance for the profession, the Law Society demonstrates what we are doing to reduce carbon emissions in our own operations. “We are setting this ambitious net zero target despite Chancery Lane being a listed building. “We are committed to becoming net zero by 2030, and plans to reduce our direct and indirect emissions are already underway.
The Law Society of England and Wales has committed to being net zero by 2030. The commitment follows the launch of our Climate Change Resolution in October 2021 and milestone guidance on the impact of climate change on solicitors in April this year.
As well as urging solicitors to take the lead in developing a climate-conscious approach to their daily practice, the resolution also committed the Law Society to develop plans and take rapid action to reduce global warming by adopting science-based targets for its operations. Law Society president Nick Emmerson,
“We have already begun to drive down energy usage across the business and the net-zero target will be at the heart of all our decision-making. “We get all our electricity directly from verified renewable sources via a power purchase agreement and are exploring further innovative options to retrofit the building to reduce carbon emissions.”
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