Committee Members
Elizabeth Miles President Greens Solicitors elizabeth.miles@greenssolicitors. org
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Vishal Mahay Committee Member Silverback Law vishal.mahay@silverbacklaw.co.uk
James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com
Amy McGowan-Docherty Editor of The Pears magazine Harrison Clark Rickerbys amdocherty@hcrlaw.com
Georgina Groves Committee Member Harrison Clark Rickerbys ghunt@hcrlaw.com
Jenny Watkins Committee Member University of Worcester jenny.watkins@worc.ac.uk
Kate
Haynes Law katec@bradleyhayneslaw.co.uk
Alexandra Phillips Committee Member mfg Solicitors LLP alexandra.phillips@ mfgsolicitors.com
Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk
Marina Akram Chair Silverback Law marina.akram@ silverbacklaw.co.uk
Molly Batten Vice-Chair mfg Solicitors LLP molly.batten@mfgsolicitors.com
Emily Willett Secretary mfg Solicitors LLP
Zahida
Charlette McDermott
Haynes Charlette@bradleyhayneslaw.co.uk
Andrew Chandler Committee Member mfg Solicitors LLP andrew.chandler@mfgsolicitors. com
President’s Introduction
Dear Members,
Welcome to the Summer Edition of
Pears. I hope you are all able to enjoy the blasts of lovely weather that we have been experiencing, and not been stuck in offices staring at the sun getting morose (and having to take Vitamin D tablets)
For those of you who were not able to attend, we had a real giggle at the Pimm’s and Croquet evening, kindly sponsored by No5 Chambers on 8th August, photographic evidence of focus and frustration can be found within this edition. Hopefully, we will do it all again next year, so book your places early (I hear that some teams are already practicing having bought carpet croquet sets!)
Looking forward to the Awards Evening on 27th September at the Bank House Hotel, we will be celebrating the very best of the Worcestershire Legal Fraternity. Our chosen charity for this year is Worcestershire Charitable Foundation, which is a charitable hub for the whole of the County. Please take time to read more about this very important Foundation as we will be doing a live Auction for Things that Money Cant Buy at the Awards night.
I look forward to seeing you all on 27th September.
Elizabeth Miles, President, Worcestershire Law Society, 2024-2025
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10 years of
We have some really exciting news to share… in July Bradley Haynes Law reached it’s 10-year milestone of trading and regulation.
Andrew Bradley says that ten years ago he had “this hairbrained idea of setting up a law firm”, he trusted his gut, and has since been on a journey of highs and lows, happiness and sadness, fun and stress and which now sees Bradley Haynes Law as an ever-growing team of 33, with exciting plans afoot.
Andrew further comments that “operating a law firm remains a tough gig but we head into the next years with optimism and energy, and we have some exciting plans - let’s see what arrives” “For now though, I think 10-years is something we can be very proud of”.
Andrew Bradley was joined by Andy Haynes (as co-founder) in July 2014 and shortly after by Gill Wooldridge (equity director). Collectively, they have welcomed other Directors to the board and who together lead our team as now a multidisciplined and full-service law firm. We have plans to continue to support students into the profession, providing supportive and flexible working environments and delivering excellence to clients along with building strong referral relationships and bringing national work into Worcestershire businesses.
For those who have supported us, worked with or for us, or really helped us in any way - we are very thankful and appreciative!
School of Law Hosts inaugural Legal Community Celebration Evening
In May the School of Law at the University of Worcester hosted its inaugural Law Community Celebration Evening. The evening was a celebration of the local and wider legal community and recognised the hard work of organisations and individuals in the region who have contributed to the development and growth of Worcester’s School of Law.
The event opened with speeches from Professor David Green (Vice Chancellor of the University of Worcester) and Dr Chris Monaghan (Head of the School of Law). Both David and Chris spoke of the success of the School of Law and its graduates and recognised the essential contributions of individuals and organisations from Worcestershire legal community.
During the evening a number of awards were given by the School of Law to
recognise both individual and organisation wide contributions, particularly with regard to the essential community support given to the placements and employability provision. Further awards for exceptional service to the School of Law were awarded to longstanding supporters of the School of Law.
The Law School would like to take this opportunity to thank not only those in attendance and the award winners, but wish to thank the entire Worcestershire legal community. We are grateful for your contributions to the success of the Law School and we look forward to continuing to work with the community. Any firms or individuals who would like to discuss working with the law school regarding placements and employability can contact jenny.watkins@worc.ac.uk
HCR win Private Client team of the Year at Modern Law Private Client Awards
We’re celebrating as last week our team picked up the award for Private Client Team of the Year - Tax and Trusts and achieved highly commended in the Private Client Team of the Year- Wills
BHL
University of Worcester Staff
Andrew Bradley – C.E.O , Gill Wooldridge – HR Director, Andy Haynes – Director and co-founder
University of Worcester Staff pictured from left to Right: Janey Robins, Dr Chris Monaghan, Dr Simon Hardy, Bill Morcom, Dr Clare Rhoden, Dr Michael Lane, Danielle Hopton-Jones, Andy Kok, Jenny Watkins, Dr Josie Welsh, Dr Aisha Shah.
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and Probate category at the Modern Law Private Client Awards.
The ceremony took place at The Rum Warehouse in Liverpool with comedian Paul Sinha hosting. Those in attendance showcased the quality of work being delivered by expert lawyers across the country.
Following the win, Alex Taylor, Partner and Joint Head of Private Client, said “We are so glad to have won the award for Private Client Team of the Year- Tax and Trusts, what a testament to the team we have at HCR! Congratulations to all the winners, it was a fantastic evening.”
Daniel Curtis, Partner and Joint Head of Private Client, also said “We are absolutely thrilled to have received this award! A huge thank you to the judges and to the support of our clients and colleagues in helping us to receive this recognition.”
mfg Solicitors adds further expertise to commercial property team
Law firm mfg Solicitors has strengthened its commercial property offering with the appointment of a new partner.
Highly-regarded property specialist
Emma Chater has joined the firm, based at the company’s Bromsgrove office.
An expert in property investment advice and transactions, Emma specialises in the
acquisition and disposal of multi-let trade estates, and has also acted for landlords and tenants on a variety of commercial property deals regionally and nationally.
Clare Regan, partner and head of commercial property division at mfg Solicitors said: “We are delighted to welcome Emma to the team, she brings with her a huge amount of experience and is a great addition.
“Her credentials are extremely impressive and her first-class reputation has travelled far. She is already making an impact with our clients and settling in well.”
Emma Chater added: “I have strong links to Bromsgrove and Birmingham, and the
firm is going through an exciting period of growth. Those key factors really attracted me to mfg.
“The firm has a great client base and a strong Commercial Property team, so I’m looking forward to being a part of our journey in the months and years ahead.”
The law firm’s commercial property expertise covers the sales and purchases of industrial and retail premises, financing transactions, planning and development, leases, complex land issues and renewables and energy. The team also specialises in advice for medical and dental practices.
Readers looking for more information on mfg’s commercial property services can email emma.chater@mfgsolicitors.com or visit www.mfgsolicitors.com
HCR Law strengthen commercial team with Partner appointment, boosting in-house offering
HCR Law’s Commercial team has strengthened its client offering with the addition of Tracy Lake as a Partner in the Birmingham office.
Tracy's experience encompasses inhouse roles with critical utility companies, including significant time at both Severn Trent Water and National Grid, as well as
Emma Chater with Clare Regan
positions at other law firms where she has served as Head of Commercial. With deep roots in Birmingham and across the Midlands, Tracy has strong connections with numerous businesses, supporting them in achieving their strategic and commercial objectives across various projects. Her specialties include energy and water law, commercial contracts, intellectual property advice, and franchising. Tracy’s extensive expertise will be invaluable to the team as it continues to grow. Hers is one of a number of Partner and senior appointments for the Commercial team this year. Kerry Beynon, a cyber and technology expert joined the Commercial team as a Partner in April and there are other Partner and senior appointments to follow later in the year for the team.
Robert Capper, HCR Law’s Head of Commercial, commented: "I’m delighted to welcome Tracy to HCR and to our Commercial team as part of a number of appointments this year that will see the team grow considerably. Her extensive in-house experience notably enhances our existing services for in-house counsel, particularly through our HCR Flex secondment service, which is experiencing increasing demand from clients."
Tracy Lake said: “HCR Law’s reputation in the market continues to rise, and I am excited to join the growing Commercial
team and collaborate with Robert and the wider team across the firm. I look forward to providing Birmingham’s thriving business community with leading commercial advice, assisting them to make decisions that puts them in the best possible position."
HCR Law’s Commercial team is recognised in the Legal 500 and Chambers and Partners as leading commercial lawyers across the UK. The team advises a wide range of companies, from highly backed start-ups to multinational PLCs, covering everything from contracts and agreements to risk management, asset protection, and share schemes.
mfg Solicitors announces the appointment of property litigation expert
Law firm mfg Solicitors has announced the appointment of experienced property litigation solicitor Kevin Morgan as a partner at the firm’s Worcester office.
Mr Morgan, who has spent three decades as a solicitor, will provide specialist advice on all contentious property-related matters for the firm’s clients both regionally and nationally. He will work closely with partner and head of department, Kirsten Bridgewater
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Tracy Lake, Partner, Commercial team & Robert Capper, Partner, Head of Commercial
Kevin Morgan and Kirsten Bridgewater
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Kirsten Bridgewater said: “Kevin is a firstclass addition to our team and the firm as a whole.
“With decades of experience, he is well respected for his expertise in a variety of property and civil litigation related matters, particularly possession proceedings, and all aspects of neighbour disputes and professional negligence.
“He also has a particular interest in insurance matters which is already adding a new dimension to the team. I look forward to Kevin contributing to our success in the months and years ahead.”
Kevin added: “It’s a great opportunity to join mfg Solicitors and I was attracted to the firm due to its longstanding reputation across the Midlands and beyond.
“Working with Kirsten and the team, I want to expand the breadth of our property litigation services but also ensure our clients get the best possible service.
“Overall, I hope to add even more experience to an already well-established team and contribute in developing the firm’s credentials further.”
The firm’s property litigation team cover a variety of areas, including advice around boundary disputes, trespass, nuisance, building contracts, party walls and environmental issues.
Experian Report
Experian has today released its MarketIQ H1 2024 report for M&A deal volumes and HCR Law is ranked 1st in the UK.
Following on from the H1 report in 2023, HCR has ranked higher this year across three of its regions including London (1st), East of England (1st), and in Wales (2nd).
According to Experian, this first half of 2024 is characterised by an up-turn in high value deals, as the economic outlook begins to slowly improve.
Speaking about the new rankings, Richard Wilkey, Head of Corporate at HCR said, “The new rankings reflect the trends that we’ve seen across the team over the first half of this year - we’re seeing clients take advantage of growth opportunities which is resulting in deals at a higher value. There is absolutely still a lot of confidence in the
M&A market – that hasn’t faltered.”
The full rankings for HCR in H1 2024 are:
United Kingdom – 1st
London – 5th
South East – 1st
South West – 1st
East of England – 1st
Midlands – 1st
Wales – 2nd
These results come just shortly after the firm was shortlisted as a finalist for the HealthInvestor (transactional) and EducationInvestor (to deal making) awards and as Advisory Firm of the Year at the Business Leader awards earlier this year.
Law firm mfg Solicitors announces ten partner and associate promotions
Midlands law firm mfg Solicitors has announced 10 promotions across various departments, including the appointments of three new partners, two senior associates and five associates.
Respected residential property specialist
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Sharon Lerry has been promoted to partner along with colleagues, Beth Tutchener-Ellis a family law expert, and Tom Bell from the firm’s Agriculture and Rural Affairs department.
The firm has also announced two senior associate promotions, with Rebecca Rogers in its Litigation department and Phil Hunt from the firm’s Commercial Property department both stepping up from associate level.
Meanwhile, the firm has confirmed five additional promotions with Residential Property specialists Lucy Beaumont and Hayley Pearce, Victoria Wall from Contentious Probate, Nazia Riaz from Private Client, and Litigation specialist Rachel Gill, all being promoted to associate level.
Andrew Davies, partner and managing director of mfg Solicitors said: “We’re continuing to expand in a variety of areas
with more and more people and businesses turning to us for professional advice.
“This means we must have nothing but the best people in place, so I am delighted with these latest promotions which stretch across several of our departments and offices.
“To see Sharon, Beth and Tom step up to become partners is a proud moment for us, and I have no doubt they will prove to be superb appointments in the months and years ahead.
“Meanwhile, having many more of the team stepping up to become senior associates and associates shows we’re well prepared for the future in a number of specialisms.
“I’d like to congratulate each and every one of them.”
The confirmed list of annual promotions at mfg Solicitors is as follows:
New partners
Sharon Lerry, Residential Property - Worcester
Tom Bell, Agriculture and Rural Affairs - Worcester
Beth Tutchener-Ellis, Family - Telford
New Senior Associates
Rebecca Rogers, Litigation - Kidderminster
Phil Hunt, Commercial Property - Birmingham
New Associates
Lucy Beaumont, Residential Property - Ludlow
Hayley Pearce, Residential Property - Ludlow
Victoria Wall, Contentious Probate - Kidderminster
Nazia Riaz, Private Client - Worcester
Rachel Gill, Litigation - Telford
Understanding vicarious trauma in the legal workplace
Vicarious trauma occurs when people are indirectly exposed to trauma through their work with those who have experienced traumatic events.
In the legal sector this can happen to anyone who works with clients who have experienced trauma such as domestic or other violence, child abuse, sexual assault, torture, fleeing their homeland as a refugee, personal injury, clinical negligence or a family break up.
LawCare hears from people across the legal sector who are experiencing vicarious trauma, some without realising it. They share stories like these:
• Struggling to switch off after viewing disturbing material.
• Encounters with suicide in their work.
• Seeking counselling after distressing news about a client.
• Work triggering past personal trauma.
• Feeling suicidal due to work-related trauma.
This article will help you understand and recognise vicarious trauma in yourself, your colleagues, and the people you manage. It also explores the crucial role legal workplaces play in reducing this risk.
Recognising the signs
Continuous exposure to other peoples’ trauma can cause emotional exhaustion and decreased empathy in legal professionals. They might start to feel numb or disconnected from their work and clients, much like the trauma survivors themselves. Additional psychological symptoms may include anxiety, depression, and intrusive thoughts about clients’ cases, impacting both personal and professional life. Vicarious trauma can also strain relationships and contribute to feelings of isolation outside work as well.
Spotting the signs of vicarious trauma is crucial, common symptoms include:
• Feelings of sadness, anxiety, or hopelessness, along with increased irritability or anger.
• Difficulty concentrating, memory problems, and pervasive thoughts about clients’ trauma.
• Physical symptoms, such as fatigue and headaches.
• Behavioural symptoms: withdrawing from social interactions, changes in appetite or sleep patterns, and increased use of alcohol or drugs.
Vicarious trauma can also cause burnout, reduce job performance, and force people to pass cases to colleagues or leave their role entirely.
Reducing the risk of vicarious trauma
If you’re in a role that involves helping others through trauma, taking care of yourself is essential to provide the best support. There are ways to minimise the risk of vicarious trauma, even when working closely with clients facing challenging situations.
Discover what works best for you. Everyone is different and has varying levels of resilience and coping strategies that may change over time. Here are a few suggestions.
1. Set boundaries: Don’t bring traumatic work home. If you must, set limits. Don’t review upsetting material in the evenings; store it away and unwind with activities like going for a walk.
2. Be realistic about your role with clients. Don’t take responsibility for their whole life; guide them to the right resources and support.
3. Make sure you know how to recognise the signs of vicarious trauma and reach out for support when necessary. This can range from talking to a colleague to seeking support from a mental health professional.
Supporting your colleagues
If you’re concerned that a colleague may be struggling with vicarious trauma don’t be afraid to talk to them. They might not recognise what is happening or may feel they should handle their work and
emotions alone. Let them know you’ve noticed changes in their behaviour and that you’re there to support them. Then listen and give them space to talk about what they’re experiencing. Consider directing them to additional support, such as LawCare, their GP, or counselling services provided your employer.
The role of legal workplaces
Legal workplaces are crucial in reducing the risk of vicarious trauma for employees. Robust strategies are needed to create a supportive and resilient work environment. Here are some suggested steps to achieve this:
1. Provide training to help employees recognise signs of vicarious trauma and understand its impact.
2. Train managers to recognise the signs of vicarious trauma in their teams and how to provide and signpost to appropriate support.
3. Provide confidential counselling services when necessary.
4. Encourage a healthy work-life balance that ensure reasonable work hours, breaks, and opportunities for employees to take a break from work.
5. Foster open communication, where employees feel safe sharing their experiences and emotions without stigma. Team meetings and peer support groups provide platforms for processing difficult cases, helping to reduce feelings of isolation and stress.
Seeking support from LawCare
LawCare offers free and confidential emotional support for people in the legal sector. You can contact LawCare if you’re experiencing vicarious trauma or if you just need someone to talk to about personal or work-related matters. You can also get in touch with LawCare if you are worried about someone you work with.
Call LawCare on 0800 279 6888, email
support@lawcare.org.uk or visit www. lawcare.org.uk to get in touch using the live online chat. There are also
resources about vicarious trauma on the LawCare website.
Let’s talk about vicarious trauma - webinar
On Thursday 5 September, from 12.30 to 1.30pm, join LawCare for a webinar about the impact of vicarious trauma on people working in the legal sector. The webinar offers an opportunity for you to enhance your understanding of vicarious trauma and its impact on mental health. Sign up for the webinar
here - https://lawcare.beaconforms. com/form/8545ad9e
Vicarious trauma online training
LawCare also offers a one-hour online training session on vicarious trauma and the next session is on Wednesday 2 October, 12 to 1pm.
This specialist training is delivered by counsellor and former solicitor Mary Jackson, who has extensive experience in facilitating vicarious trauma training. It
is aimed at people in the legal sector who work with vulnerable clients or are exposed to traumatic images or experiences, such as in immigration, criminal, personal injury/ clinical negligence, or family work. This training aims to introduce and develop an understanding of the concept of vicarious trauma and its potential emotional impact. Suggestions for recognising and managing vicarious trauma will also be provided.
Book your place on the training - https:// lawcare.beaconforms.com/form/47bdfec2
Worcestershire Community Foundation
The Worcestershire Law Society Committee are really excited to share that the charity we are supporting at this year’s Awards night is the Worcestershire Community Foundation (WCF). We’d like to take this opportunity to introduce the charity and how it benefits the Worcestershire area.
Worcestershire Community Foundation is an independent charity which strengthens local communities by providing funding for community-led projects throughout Worcestershire. Since 2003 it has become one of the county’s major grant makers, giving out over £800,000 in 22/23 and is also part of a UK-wide network of 47 community foundations.
The WCF are a charitable hub for the whole county - dedicated to helping to ensure that Worcestershire is a better place to be. The charity is passionate in supporting
communities to not just survive but thrive. It champions local causes and smaller charities, raises funds and provides sustainable support impartially wherever there are needs, working with a range of funders and donors to assist match funding to the best causes.
WCF actively supports professional advisors by providing them with the tools they need to give their clients the best advice about charitable giving, helping lawyers, accountants, financial planners or investment advisers to ensure their clients make informed charitable investment decisions that really fulfil their wishes.
The members of the WCF pride themselves in their knowledge and understanding of local needs which means they can guide individuals to have the greatest impact with their giving, whether setting up a named fund, making a one-off donation,
a gift of shares or property or making provision with a legacy.
If you would like further information on WCF and how it can help you or your clients, please contact: Lucy Wells (Director): lucy. wells@worcscf.org.uk / 07909 111812
www.worcscf.org.uk
We’re sure that you will join the Worcestershire Law Society Committee in welcoming and generously supporting the WCF to assist them in their community-led projects and charitable giving initiatives. The Awards night is taking place on Friday 27th September at the Bank House Hotel, Bransford. We look forward to welcoming all attendees on the night and will be offering various opportunities to make monetary donations to the Worcestershire Community Foundation in advance and on the night itself.
West Midlands employers experiencing pre-pandemic levels of vacancies according to HCR report
The West Midlands is suffering disproportionately from a national skills shortage, with one in four vacancies now classed as ‘hard to fill’. HCR Law has recently published a report reviewing the impact this is having on the region and how businesses can address these issues. The report looks at apprenticeships, adult education, bespoke training and niche skills to help companies upskill their way out of the West Midlands skills shortage.
The report, produced by the firm’s Birmingham office, who deal with a wide variety of businesses – combining their knowledge of the market with years of experience in the region – finds a local impact to the skills shortage in the West Midlands, with vacancies remaining above pre-pandemic levels. In order for businesses to combat this, it highlights the importance of stakeholders, educators and businesses working in partnership to ensure local labour is being upskilled to meet economic demand, and the importance of investing in apprenticeships.
The Federation of Small Businesses has
found that 22% of small companies said a shortage of skilled workers would be a ‘stumbling block for growth in the upcoming year’ and 38% of ICT companies said they were struggling to find workers with the right skill levels.
The skills gap report suggests that looking to adult education may provide access to a skilled workforce. Omer Simjee, Employment Partner at HCR Law said: “Down the line, with adult education upskilling workers and creating gaps beneath, if the business grows then the bandwidth and capital for apprenticeships becomes available. As a gateway to enabling a more apprenticeship-positive future, as well as an immediate upskilling opportunity for incumbent staff, adult education is a strong contender to be a solution.”
Across the West Midlands, a third of people do not reach Level 3 qualifications by the time they’re 25, potentially affecting their ability to get a well-paid job. To combat this, West Midlands Combined Authority (WMCA) holds £167m annual funding devolved from central government for adult education and skills provision in the
region, and funds hundreds of courses in sectors as diverse as health and social care, civil engineering, painting and decorating, electric installation and roofing.
The nine steps HCR Law has outlined in its report for West Midlands businesses to upskill their way out of the West Midlands skills shortage are for businesses to:
• Complete a skills gap analysis
• Identify ‘hidden gems’ in the workforce with the ambition to do more or something different
• Prioritise the gaps which need filling
• Facilitate and reward upskilling, through mentors and secondment opportunities
• Create proper career planning, and help people get to where they want to be
• Explore funding which reduces your financial burden
• Explore technology – your skills gap might not need humans to use it
• Support your staff if you’re asking them to do more
• Review productivity: if something isn’t getting done, is there a skills gap or is there another reason it isn’t being done?
Omer Simjee
Foetal Alcohol Spectrum Disorder and Care Proceedings
Care Proceedings are brought for many different reasons, but the underlying principle is that the children are suffering, or are at risk of suffering significant harm.
One of the issues that features in many cases, in one form or another is misuse of alcohol. If a parent is under the influence, a child is likely to be at risk of significant harm.
According to the Government, in England, among people aged 15 to 49 years, alcohol is the leading cause of illhealth, disability, and death. Alcohol misuse across the UK is a significant public health problem with major health, social and economic consequences, estimated at between £21 and £52 billion a year. Each year there are over 1 million admissions to hospital for alcohol-related conditions.
We are reminded that to keep safe, it is best to drink no more than 14 units a week, spread over 3 days or more.
Those who are pregnant should not drink at all.
Many clients undergo Hair Strand testing and are shocked to be told that they are classed as ‘chronic excessive’ consumers of alcohol. The reason why is because at home, we do not
measure our drinks, and the glasses we use tend to be all different shapes and sizes. In my experience, when I ask a client to show me how much they pour themselves, using water, and then measure it, it is usually 3 or 4 times a pub measure.
How does this relate to Foetal Alcohol Spectrum Disorder? It links in two ways.
The first is that we are seeing more children who are affected by this, or are at risk of being affected because of the consumption of alcohol throughout pregnancy.
A report by Andrew Trathern1, ( https://www.gov.uk/ government/publications/fetalalcohol-spectrum-disorderhealth-needs-assessment/fetalalcohol-spectrum-disorderhealth-needs-assessment, n.d.)
a Public Health registrar based at the Department of Health and Social Care, sets out the characteristics we know that alcohol can have an affect on during development and throughout life:
• motor skills
• neuroanatomy or neurophysiology
• cognition
• language
• academic achievement
• memory
• attention
• executive function,
including impulse control and hyperactivity
• affect regulation
• adaptive behaviours, social skills or social communication
Whilst in some cases there are recognisable facial features, this is a small number (according to this report, less than 10%)
So, if you have a parent who has misused alcohol throughout pregnancy, there may not be obvious outward signs of FASD early on, and so potential adopters will need to be made aware of possible issues in later years.
It also impacts on a parents’ ability to care for a child with FASD.
According to National FASD organisation2, mothers were in vulnerable groups: 95% of birth mothers had mental health issues, 90% had experienced physical/sexual abuse, 60% were below the poverty line and 77% had PTSD.
Therefore, the levels of support they will require are varied and complex.
The second, is for parents who have FASD.
These parents could have a wide range of diagnoses, which
could include:
• ADHD
• Autism
• Dyslexia
• Dyspraxia
• Anxiety
• Depression
• Borderline Personality Disorder
They may never have had a specific diagnosis of FASD.
Without support they may be at risk of:
• Grooming (CSE, County lines)
• Mate crime
• Cuckooing
• Mental Health
• Criminality
• Unemployment
• Homelessness
Any Cognitive/Capacity assessment should be undertaken by someone who is cognizant in FASD. Any Parenting assessment should take into account the specific needs of the parent, and should look at the specific support that the parent would need to care for their child with support. Just because there is a disability.
1Fetal alcohol spectrum disorder: health needs assessment - GOV. UK (www.gov.uk)
2 Social care workers - National FASD
Liz Miles
So what does a Unit look like?
WJLD Legal Dining Event
On Friday 7th June 2024, the Worcester Junior Lawyers Division held their annual Legal Dining Event at Worcestershire County Cricket Club in honour of raising funds for the local charity, Acorns Childrens Hospice.
The dinner is the only Worcestershirebased event in the calendar year specifically held for junior lawyers, junior barristers, trainee solicitors, paralegals, and university students interested in starting their careers in law. The evening promotes the opportunity for networking with peers but also provides ample opportunity to meet those who are on the same or similar pathways as yourself, and in many instances those who are much further along in their careers. This year we had an incredible attendance from a variety of firms and other companies, and we are very pleased to have received excellent feedback from the event!
It would be remiss of us as a committee to not mention those who made the event possible, from our amazing sponsors of the event: Canaccord Genuity, Silverback Law, No 5 Chambers and 3PB Barristers; to the event speakers and the entertainment
which kept everyone entertained all night long!
In raising money for this year’s chosen charity, Acorns Childrens Hospice, we played a game of reverse bingo, with everyone starting stood up and sitting down once a number on their bingo card had been called! The last person standing won a beautiful hamper. Acorns Childrens Hospice are a local charity working across Worcestershire & the West Midlands providing specialist palliative nursing care and support for local children and
their families. Their care is tailored for each individual child and designed to meet all their clinical, emotional, cultural and spiritual needs, and the work they do makes a huge impact on the children and families they serve, and we are proud to continue to support the work they do. This year’s event raised a whopping £250!!
There is also a special thank you from us to our incredible speakers, Harry Plunkett (Wealth Advisor, Canaccord Genuity) and Jon Tullock (Commercial Director and Founder, Silverback Law) who provided valuable insight for the attendees on making the most of your formative years in your chosen career path. Harry Plunkett discussed the importance of networking, making professional connections and
how it can lead to better client outcomes; and Jon Tullock gave a fascinating talk on his alternative journey into law and founding Silverback Law.
There is one final thank you we would like to make and that is to all of the attendees who made the event the best night possible. Without the support of you all the event would not be the success that it is!
If you weren’t able to make this year’s event, but would like to see what we do, we run a number of other events throughout the year and we would love
for you to attend, for further details check out our LinkedIn page. If you are interested in next year’s event, then keep an eye out for the announcement early next year!
Pimms and Croquet!
The Pimms and Croquet evening is always one of my favourite evenings that WLS puts on. This year’s was no exception.
Seven teams were ably supported by the valiant, patient and knowledgeable members of the Norton Croquet Club.
Going round the teams, it was interesting to watch how the different teams approached the game. Some were loudly heckling their opponents, some were quietly supportive and encouraging each other. Some were surprised they could even hit the balls (both before and after the Pimm’s!!!)
The Pimm’s went down a treat with the amazing canapes, plenty of fruit was added so everyone could say they had most of their 5 a day!!!
Despite rain threatening throughout the day, it held off for us and there were many smiling faces.
Thank you to No 5 Chambers for once again sponsoring the event and turning out to support the WLS, to the members of Norton Croquet Club, in particular to Simon for sorting out the details and providing the clubhouse. Thank you to Laura Osborne for organising the food and drinks, spot on as ever.
Roll on next year!
Great Map Of Willanthropy to launch this Remember A Charity Week (9-15 September 2024)
This year’s Remember A Charity Week (915 September 2024) will see the launch of an interactive map of legacy giving, showcasing the impact of charitable gifts in Wills across the world. The Great Map of Willanthropy* will display a wide range of charitable services and places that have been funded or supported through gifts in Wills to UK charities, while also showing what future legacies could achieve.
Remember A Charity Week, now in its 15th year, brings together almost 200 member charities, 900 Campaign Supporters (solicitor firms and Will-writers), wealth advisers, and partners to encourage more people to consider leaving a gift to charity in their Will. While Remember A Charity runs consumer campaigns all year round, the week serves as a key moment to equip and activate all those in the consortium’s network to champion charitable legacies.
Alongside the digital map and a celebritybacked national PR drive, Remember A Charity will launch the next phase of its
Be Remembered consumer advertising campaign during Remember A Charity Week, encouraging the public to think about what they want to be remembered for. The consortium’s legal partners and Campaign Supporters will be provided with promotional assets to use on their digital channels to open up conversation about charitable Wills with clients and prospective clients.
Lucinda Frostick, Director of Remember A Charity,
says:
“Remember A Charity Week is a wonderful opportunity for charities and the legal sector to collaborate to inspire people across the UK to not only write or update their Will but to leave a gift to their favourite charity. This year, we’ll be sharing a mix of warm, humorous and informative content throughout the week, aiming to win both hearts and minds, while encouraging people to take action.
“For professional advisers and Will-writing providers, it’s a great chance to promote the importance of having an up-to-date Will and deepen client relationships with values-led conversations about the good causes they care about.”
Solicitors, professional Will-writers and others who wish to participate in this year’s campaign and sign up as a Campaign Supporter, are encouraged to get in touch with Remember A Charity in the next few weeks.
*Willanthropy is a term for legacy giving, which was introduced by Remember A Charity in 2023. It has since been used by a wide range of audiences and referenced in parliament. To find out more or take part in Remember A Charity Week (915 September 2024), visit www. rememberacharity.org.uk
Legacy bequests reach highest number ever recorded
The latest findings released by Legacy Futures reveals that legacy income received by its Legacy Monitor consortium members in the year to March 2024 was £1.81bn – 1% up on the previous financial year.
The income growth has been driven primarily by bequest numbers, which reached almost 60,000 – the highest number of annual bequests ever recorded.
Legacy Futures’ data suggests that the growth in bequests is, in the main part, a result of improvements in the probate process at HM Courts and Tribunals Service (HMCTS). The backlog of probate cases declined in the period analysed, implying that investments made in additional resources are starting to pay off. Looking forward, the increased numbers of bequests coming out of the probate process and a less pessimistic outlook
than expected for house prices means that the legacy market is predicted to remain resilient and show flat or potentially slow growth for the remainder of 2024.
Ashley Rowthorn CEO of Legacy Futures, said: “Charities and supporters alike have felt, and are still feeling, the impact of the ongoing political instability and cost-of-living crisis. Add to that the delays at probate, and legacy giving, although still a reliable income stream for charities collectively, wasn’t seeing the levels of growth that had previously been predicted. It’s great news for charities therefore that bequest numbers have reached a record high and that efficiencies at HMCTS have started to improve. Income resilience is what’s
needed in the current climate and it’s very positive indeed that this research points to that being a reality for the future of the legacy market.”
About Legacy Futures’ Legacy Monitor
Legacy Monitor is a consortium research programme to analyse, benchmark and debate trends in the legacy market. Set up in 2008, it incorporates an annual review of trends in the legacy market, and a quarterly benchmarking service. This year’s programme benchmarks 81 of the UK’s leading charities, who together account for almost half of the legacy market. Thank you to our member charities for agreeing to share top-line legacy performance data with the sector, allowing information and insight to be gained. The next quarterly data will become available in August 2024.
The Big Report 2024 highlights The Solicitors’ Charity’s key role in supporting the profession
• 33% increase in number of solicitors supported by The Solicitors’ Charity
• Wellbeing support to clients totalled £972,064
• Rising demand for wellbeing support led to more funded referrals
• Disproportionately high demand from diverse ethnicities
“The support we offer is a real lifeline to the solicitors we help in times of hardship or crisis – it really validates The Solicitors’ Charity as a key safety net for the profession,” says a Case Manager from the Wellbeing & Grants Team.
The Big Report 2024 reflects this – with 33 per cent more solicitors being helped by the charity in 2023, compared with previous year, together with an increase in the overall awards made to clients.
A total of £972,064 of wellbeing support was given to solicitors in need last year or paid to partners to provide services.
The rise in demand for the charity’s support with emotional, physical, professional, and financial wellbeing in 2023 led to more funded referrals for all the charity’s partners – LawCare, Onebright, Renovo, Citizens Advice Manchester, and AdviceWorks.
The demographic breakdown also revealed that demand for services was high from those with diverse ethnic backgrounds.
Industry data shows that this figure usually represents 18-19% of the solicitor workforce. However, the Solicitors’ Charity reports double this proportion of new clients from different ethnicities.
The Solicitors’ Charity CEO, Nick Gallagher, said: “We are proud to publish such a positive Big Report this year, reflecting the financial support we have provided over the past year to more than a third more solicitors facing challenges.
“The Big Report shows there is a real demand for our wellbeing services in all four wellbeing pillars – emotional, professional, physical and financial – and we are providing more support than ever before.
“Our clients came from a wide demographic across England and Wales – 66% identified as having some type of disability and over 60% were aged between 30 and 50. This demonstrates that we are helping a large proportion of people in mid-career or when their professional lives are (or should be) in full flow. The biggest stress factors were identified as time pressures, high workload and client demands and the charity has provided wellbeing support to help solicitors with tackling these.
“Now, more than ever, the growing demand for wellbeing support from solicitors and the increase in awards we have made over the past year demonstrates that
The Solicitors’ Charity plays a key role in providing all our clients with the help they need to achieve a healthy work-life balance.”
The Solicitors’ Charity funded 324 clients to receive wellbeing support from LawCare, which was almost double the previous year’s number of solicitors, seeking help with bullying and harassment concerns. Onebright was funded to provide mental health assessments and therapy referrals to 28 solicitors and their dependants.
Career transition counselling was provided to 19 clients by Renovo, with 40% already having secured a new job and others actively searching for work after receiving this targeted support. A further 37 solicitors were helped with money management advice by AdviceWorks and 32 received welfare benefit or debt advice from Citizens Advice Manchester, all with The Solicitors’ Charity funding.
The charity also supported solicitors (and former solicitors) with their physical wellbeing, including funding a specially adapted car for wheelchair transport.
If you would like more information about The Solicitors’ Charity services or to make a donation to support the charity, visit www.thesolicitorscharity.org
Read the Big Report 2024 at https://www. thesolicitorscharity.org/big-report
More inept expert witnesses (and solicitors)…
…and an annoyed judge.
Those who have read my articles and blogs in recent years will recognise that I have a “thing” about inadequate or incompetent experts. This “thing” developed over many years; as an expert chartered accountant I found it tiresome to have as opposing expert a chartered accountant who may have been a good general practitioner, but who found it sexy to do a bit of court work between audits and didn’t have the first idea of how to perform.
I tried to solve the problem in two ways. First, I served for 14 years on the Forensic Committee at ICAEW where we devised a scheme of accreditation for forensic accountants and expert witnesses. Out of a total membership of over 155,000, only about 100 of us have reached the necessary standard.
Second, I have sat on the Investigation Committee at The Academy of Experts for many years, and one of our tasks is to assess the performance of Academy members who have been criticised by a judge. The Academy gives excellent training for experts (of many professions) and I am pleased to say that cases where our members have been criticised by a judge are vanishingly rare.
The lesson is obvious: if you wish to practise as an expert witness, you must be an outstanding member of your primary profession, but you must also have taken the trouble to train for your second profession, as an expert.
Moral for solicitors: when appointing experts, ask them what training and accreditation they have as experts. I am a fellow at The Academy, one of only about 60 worldwide. You can be confident my reports will comply fully with CPR or equivalent, that I will not crumble under cross-examination, and so on. These matter to the success of your cases.
Let’s turn to this recent case where things didn’t go smoothly. It is Scarcliffe -v- Brampton Valley Group Ltd [2023] EWHC 1565 (KB). The facts are simple: Scarcliffe was a tree surgeon who injured his lumbar spine in an accident, couldn’t work again and suffered from intense pain. There were arguments about preexisting medical conditions, and about whether his career would in any event have been shortened.
The claimant’s Schedule of Loss included claims for loss of earnings and for care, and the total claim was a staggering £6,189,507.49.
At least four things went wrong.
First, there was a complicated situation at home, with three children before the accident and a further two by the time of the trial, several of them with special needs. Did the need for childcare arise as a direct result of the accident? Probably not.
Second, the judge found that the evidence of Mr Scarcliffe and of his wife was not credible about the home situation before and then after the accident so that the claims in the Schedule for loss of earnings and for care were “unsustainable”
Third, the claimant’s orthopaedic expert had changed his opinion several times, so that his evidence was rejected.
Fourth – and this is where we see the
main lesson to be learned by both experts and by instructing solicitors –the pain experts had not been informed that the orthopaedic expert had changed his mind, so they attended trial and gave evidence without knowing that the report on which they had based their opinions was no longer in evidence. The two lessons to be learned were obvious: instructing solicitors must advise their experts if the evidence changes, and experts must constantly ensure that their opinions are still valid, and inform those instructing them if their opinions change.
Let me spell this out. A condensed wording is in CPR Part 35, but the wording from the Ikarian Reefer is even clearer:
“If, after exchange of report, an expert witness changes his view on a material matter having read the other side’s expert report or for any other reason, such change of view should be communicated (through legal representatives) to the other side without delay and when appropriate to the court.”
The trial judge Mr Justice Cotter, a judge very experienced in multi-million pound personal injury and clinical negligence cases, took the exceptional step of writing to the experts to ask them if their opinions were still valid. They went blindly into the witness box anyway. Not wise.
There were other weaknesses in the claimant’s case which came out at trial. One was to ask whether all the aids and appliances were really necessary. Another was to ask if a claim was being made for care which would in any case have been given by the wife, or childcare by the grandparents. And – this a real bloomer –the claim for childcare had been quantified up to the claimant’s expected retirement date, when the children needing help with the school run would have been in their late twenties! Yet the care expert ran the cost of the school run up to retirement date, and the solicitors blindly copied that into the Schedule of Loss. Cotter J was not amused.
After all these unsafe elements of loss had been weeded out at trial, the final
Chris Makin
award of damages was £275,063.03, a mere 4.4% of the original claim. The judgment I have seen does not speak of the costs awarded, but I anticipate there would be little to fund the claimant’s loss of earnings and care costs.
Lots of lessons here, for experts and for solicitors.
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
Clients Struggling with Flood Insurance?
Increasing frequency and severity of floods and extreme weather are making it harder to obtain traditional flood insurance. An innovative alternative comes in the form of what is known as ‘parametric insurance’. Parametric flood insurance is flood insurance at its most simple: The policyholder is provided with a sensor to attach to the outside of their building, if water reaches the sensor the insurer receives a signal and pays the claim. Some claims have been paid within just a few minutes of water reaching the sensor!
Unlike traditional insurance where the policyholder has to insure to the whole building or whole business, policyholders can select a realistic sum sufficient to cover clean up and damage costs. This can significantly reduce the cost of the insurance.
Another unusual feature is the policyholder can select the height of the sensor above the ground dependent upon what height of water they are prepared to accept. Again this can reduce the cost of the insurance.
If you or your clients would like to know more about flood insurance options please contact Sutcliffe & Co on 01905 21681 or email enquiries@sutcliffeinsurance.co.uk
Left: Duncan Sutcliffe
Radical new tech development delivers seamless one stop ID verification process - a bona fide game changer for financial services
A game changing new app launched by tech developer Professional Office is set to radically change the way financial services firms verify their client identity and improve their KYC process.
As part of the company’s SanctionsSearch. com© suite of tools, users can now VERIFY the identity of people from anywhere in the world holding a valid biometric passport simply by using the smart phone app, ValidateMe.
ValidateMe© takes customers through a comprehensive, sign posted journey of collecting documents, liveness facial recognition and the current ‘live’ status of the documents presented.
And it is all done via the applicant’s smart phone.
The technology - cleverly - unlocks the NFC chip in the passport to confirm the individual is actually who they say they are. Critically, all data is then cross verified to ensure that all the information is authentic.
“Our new product is set to radically transform the way financial services and associated legal and professional services firms do business,” said MD Chris Clare
“There’s a host of software products out there that claim to be market leaders in the verification process, by using ‘liveness’ and facial recognition to match people with images on documents.
“But while none are inherently bad, most are not 100 per cent perfect,” added Clare.
“The problem is, they all rely on the validity of the document, such as the included data, and - amongst other things - the photo of the person on a passport.
“If that photo or document is compromised, then any validation that comes from it is
inherently flawed. And then you have a big problem,” said Clare.
“Here at Professional Office, we have focused our energies over the last four years and developed our NFC (Near Field Communication) PCV (Passport Chip Verification) tool
“We believe it is the most state of the art ID verification tool available.”
So, how does it work?
“The NFC chip in a passport contains an encrypted copy of all the data printed on it, including the photo of the client, which should match the one visible on the document.
“All this data is digitally encrypted and signed with a verifiable Governmentissued secure certificate.
“That government-issued encryption certificate held on the chip is verified to ensure that the data has not been tampered with, providing one of the most robust ID verifications on the market at the moment.
“All data collected by ValidateMe© is fully encrypted on the phone ensuring it is not accessible to anyone. Once it has been used it is permanently removed from the device.” explained Clare.
www.professionaloffice.co.uk
Deputyship and Statutory Will Applications: How does a probate genealogy firm help?
As all Deputies and Court of Protection specialists will know, applying for a Statutory Will can be a complicated and time consuming matter. As part of the duty of care, and requirements for making a Statutory Will, it is necessary to hold a copy of the person’s existing Will, a draft of the proposed Will, details of their family, assets and income, as well as medical evidence of their incapacity in order to provide these to the court, together with any other evidence the court requires.
Anyone who would be potentially affected by the application (perhaps a beneficiary who would lose out, for example) will be a party to the court proceedings. Finders International specialises in researching P's next of kin, providing a verified family tree and a full report of the required findings to support your Application to Court.
Here are some of the ways in which a probate genealogist can help:
1. Verifying Family Tree Information: We can conduct thorough research to trace and identify all of P’s next of kin according to intestacy rules. We can do so with little or no contact with the family, at the authority of the Deputy, and ensure that our research is backed by documentary evidence.
The court or the deputy may receive information about P’s family from various sources, including family members. This information can often be inaccurate; therefore, we can verify the accuracy of any information already held, ensuring that the family tree is comprehensive and reliable.
2. Resolving Complex Family Scenarios: In cases where the family structure is complex or unconventional, a probate genealogist can provide expertise in unravelling intricate family scenarios. This includes stepsiblings, half-siblings, or other unique family relationships. With modern families spread across the globe our
international expertise can assist in even the most complicated of family make ups, and wherever people may live.
3. Ensuring you are aware of P’s existing Will & financial assets Ensuring you know of any Will P may have made in the past is crucial to this process. Finders can assist by conducting a comprehensive Will Search to identify any Will that may have been made before P’s affairs were managed under Deputyship Order. Additionally, a full missing asset search can also be conducted for P, ensuring that you are aware of the full financial picture.
4. Providing Evidence for the Court: The findings of a probate genealogist can be presented as evidence to the Court of Protection. This documentation helps validate the accuracy of the family tree and ensures the correct family members are notified of the process.
Insights into the research process
A question that we are often asked is, ‘How do you do it?’ Many who have researched their own family tree will know that birth, marriage, and death records are essential in confirming findings. At Finders International, we also have inhouse databases, local representatives, and a network of international researchers to assist with our research. Each case comes with its challenges, including children born out of wedlock, overseas research and common surnames. Our team work on cases with these elements on a daily basis and carry out research for Court of Protection teams all over the country, so have the experience to overcome these research hurdles.
Case Study
At the point of our instruction, the only information held was that P had a deceased partner and one living cousin.
Our research first confirmed that P had no children and was an only child.
Extensive research using all available genealogical resources confirmed that P had no living Paternal family. However, we confirmed that P’s maternal family was larger than expected.
During the course of our research, we identified 6 maternal aunts and uncles who left descendants, identifying a number of living cousins.
As part of our verification process, we obtained birth, marriage and death certificates and identified current addresses for all P’s next of kin. This information was provided to the Deputy in an easily digestible family tree and report, with appropriate supporting documentation. In this case, at the Deputy’s request, no contact was made with the family before our report was submitted.
Our involvement in this case was key, as we identified three more family members in addition to the cousin previously known. This full picture enabled the Deputy to proceed with the Statutory Will Application and notify all the correct next of kin.
Our expertise in genealogical research ensures a thorough and accurate representation of the P’s family connections, enabling confidence in the information provided to the Court for the purposes of obtaining a Statutory Will.
Finders International can assist predeputyship application if the court requires you to contact family, friends or neighbours of P. We can also assist with Statutory Will Application research, Missing Will and Assets searches, Administrator searches and Unoccupied Property Insurance. If you have a case like the above or have any questions regarding our services, contact us today at quotes@findersinternational. co.uk, call 0800 085 8796 or visit our website www.findersinternational.co.uk
