Pears Magazine issue 51 - Autumn 2024 by EPC Studio

This edition...

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 this edition of Pears. The nights are drawing in, the Clocks have gone back and whilst the gorgeous colours of Autumn have been brightening our days, I hope that the photographs

from our Awards Evening will last a little longer!

What an evening it was, thank you to everyone who was involved in pulling the evening together to make it such a success. Congratulations to the Nominees, Finalists and Winners I hope you are still feeling the warmth of pride and achievement that you richly deserve. Here’s to next year!!

As some of you may know, I am now the Council Member for Warwickshire and Worcestershire. I spent Tuesday at Chancery Lane learning about what that means, how I can fulfil my role effectively and meeting the amazing team that support the Council at Chancery Lane. I will not be bombarding individuals with updates, but if anyone has any

issues they would like me to raise, or are interested in what is happening, please do get in touch.

I have just attended a Lecture at the University of Worcester given by S ir Geoffrey Vos , entitled 'Why is data so critical to the rule of law: The role of the MR' It was a fascinating and enjoyable address which raised some interesting questions about the future of AI, judicial decisions and Human Rights.

2025 will be the Law Society’s 200th Anniversary, so if anyone has any ideas or suggestions as to events to celebrate our Profession locally, please let me, or any of the Committee know.

Elizabeth Miles, President, Worcestershire Law Society, 2024-2025

News News News News News

HCR Law expands Midlands presence with new Partners and Legal Director

With growing client demand, HCR Law is pleased to announce the appointment of three new Partners and a Legal Director across its Midlands offices. Terry Cooper, Lisa Kemp, and Claire Pottinger join the firm as Partners, while Katie MaxwellStuart takes on the role of Legal Director.

These strategic hires underscore HCR Law's commitment to delivering exceptional client services.

The Birmingham office, led by Rebecca Leask, welcome Terry Cooper and Katie Maxwell-Stuart to its Private Client team. Katie, a specialist disputed wills, trusts and estates solicitor with over 15 years of experience, returns to HCR Law, where she began her career as a trainee in 2006. Terry is one of several recent new hires to the Private Client team, bringing over 30 years of experience in advising business leaders and individuals, with specialisms including inheritance tax planning.

Terry and Katie join fellow recent additions Kate Oliver and Tracy Lake, who have also joined as Partners in Birmingham over the past few months, further strengthening the firm's capabilities in the region.

Lisa Kemp and Claire Pottinger both join HCR’s Worcester office, led by Charlotte Thornton-Smith Lisa, who represents global household brands and regional businesses, brings valuable expertise to

the Employment and Immigration team, addressing the increasing client demand driven by incoming changes in the employment landscape.

Similarly to both Terry and Katie Claire Pottinger is a further addition to the Private Client team. Claire, who specialises in lasting powers of attorney and administering trusts, has over 25 years experience in advising clients and acts as a professional executor, trustee or attorney as required.

“These hires are significant for HCR Law and the services we provide to our clients nationally” Rebecca Leask, Partner and Head of the firm’s Birmingham office said.

“They show that HCR Law continues to be an environment where leading talent wishes to join and contribute to our organisation.”

Charlotte Thornton-Smith, Partner and Head of the Worcester office, added, “The West Midlands presents numerous opportunities for businesses and individuals alike. Our recent growth is a testament to our dynamism as a law firm, as well as our commitment to delivering exceptional services with leading experts in their fields. I am delighted to welcome Terry, Lisa, Katie, and Claire to HCR Law.”

Worcestershire law firm welcomes latest cohort of trainees

Worcestershire law firm mfg Solicitors has welcomed its 2024 trainee cohort as it adds the latest talent to its team.

Joining the firm as new trainees from 2 September are Oscar McCracken, Emily Flory, Katie Johnson, Emily Stancer and Lauren Collins. All five have twoyear training contracts which will see them working within four of the firm’s departments until 2026.

They follow last year’s cohort of trainees Molly Wall, Florence Fisher, Lucy Palmer, Sufyaan Aslim and Rachel Pick, who move into the final year of their training.

News News News News News News

Tom Esler, partner and Board member responsible for the trainee programme at mfg Solicitors said: “This year we’re welcoming another focused and talented group of trainees into the firm.

“Alongside their studies, the training is already giving them the opportunity to work across various departments. It provides them with hands-on experience, working closely with our partners and clients every day. Individually and as a group they’re already making a great impression.

“We’re also pleased to see last year’s cohort move into their second year after a successful 12 months. I cannot speak highly enough of their passion and dedication during their first year.

“Finally, I want to congratulate Lucy Allen and Reuben Grimshaw who have completed the trainee programme and joined the firm as newly qualified solicitors. The firm continues to grow as we win more business and support more clients, so retaining Lucy and Reuben’s talents are so important as we move forward.”

As part of the programme, the trainees work closely with experienced lawyers to develop their technical and communication skills, gain hands-on experience dealing with clients, and provided with opportunities to network within the business and the local community.

Bromsgrove law firm donates over £1,000 to animal sanctuary

A Bromsgrove law firm has donated over £1,000 to a popular local charity which cares for and re-homes hundreds of animals every year.

mfg Solicitors has made a donation of £1,091.65 to the Kings Nortonbased Wythall Animal Sanctuary, it’s Bromsgrove office’s appointed charity for 2024, as staff look to help the charity meet rising costs.

Solicitors and support staff made the donation after holding a variety of fundraising events including a summer fayre, cake sale, a Christmas raffle and

several dress down days at the firm’s offices on the town’s High Street.

Becky Husband , an associate at mfg Solicitors said: “Wythall Animal Sanctuary is renowned across Worcestershire and beyond for their amazing work and dedication in caring for thousands of animals for over 50 years.

“Everyone at our office in Bromsgrove had a fantastic time raising money over the past year for such a brilliant and much-loved charity. At a time when money is tight, we hope our donation will go some way to helping the team at Wythall Animal Sanctuary look after and rehome even more amazing animals into loving homes.”

Joan Wassall , finance manager from Wythall Animal Sanctuary, added: “This donation is fantastic and we’d like to thank everyone at mfg Solicitors for their efforts. They have been long-term supporters of the work we’re doing and these types of donations are what we really do rely on to continue our work.”

Annual Worcestershire Law Society Awards 2024

On 27th September 2024 over 200 of the local legal community gathered for our Annual Worcestershire Law Society Awards at the ever-popular venue, The Bank House Hotel in Bransford. This was our biggest event to date and the atmosphere on the night was fantastic!

The evening was hosted by the wonderful Brody Swain and guests were treated to impressive magic tricks from Dave Jones and an exciting auction, prizes included a signed pair of David Beckham boots, tickets to the Nutcracker and an afternoon of cocktail making. Thank you to everyone who donated prizes.

Our chosen charity this year was Worcester Community Foundation and we are delighted to have raised a total of £3,500 which we know will make a huge difference to so many lives.

The competition for the awards was stronger than ever this year and we want to extend a massive congratulations to all those who were nominated and shortlisted, yet most importantly to the winners, who are listed below. Each winner was thoroughly deserving and should be proud of this achievement.

This year saw the 10th year of Index PI being our headline sponsor and we want to say a huge thank you to Kate Bould

for her support over those years. The event simply would not have been the same without her support. Kate has now sold her business and we want to wish her all the best for the future and some well-deserved relaxation!

We would like to thank all our other wonderful sponsors too, listed below for their continued generosity and support without which this event would simply not be possible.

Please do get in touch asap with our President, Elizabeth Miles if you are interested in sponsoring the event in 2025 - we already have plans to take it to the next level! Please email Elizabeth on elizabeth.miles@greenssolicitors.org

HCR’s growing practice and sector expertise is recognised by Legal 500 2025 rankings

Building on a year of strong growth and targeted recruitment, HCR Law has secured new Legal 500 rankings in a dozen areas. Following research among clients and peers, the firm has attained its highest number of rankings to date, with 18 tier 1 accolades.

Amongst the top tier rankings are two new entries for Crime & Fraud and Health & Safety, both in East Anglia. The firm’s Cambridge office is also celebrating new recognition for Insolvency & Recovery alongside 12 other rankings. Kathryn Gilbertson receives particular praise as a ‘standout partner’ with two separate listings in the Hall of Fame.

In Wales, the team continues to go from strength to strength, with the Sports team achieving a ranking for the first time. Partners Wayne Beynon and Hefin Archer-Williams are both recognised for their expertise in this area, with Wayne also distinguished as a Leading Partner. The team’s rapid growth and development is further highlighted by three additional rankings, including a tier 2 ranking for Agriculture and Estates, alongside a corresponding Leading Partner rank for Rory Hutchings. The wider team's expertise is underscored by the retention of tier 1 rankings in both IT and Telecoms, as well as in Intellectual Property.

HCR’s London office has received two new rankings, along with the retention of accolades from the previous year, including in the Corporate and Commercial Partnership category, where Robert Capper and Rachel Khiara were both noted. The new rankings include the firm being designated as a Firm to Watch in

the Private Client practice area. This recognition has resulted in the Private Client team being ranked across six different regions for its personal tax, trusts, and estates work, which includes two tier 1 rankings and a Hall of Fame entry for Bernadette O’Reilly

The Employment and Immigration team has also received commendations with new rankings, being recognised as a 'Firm to Watch' in the West Midlands and Birmingham, as well as achieving a tier 4 recognition in the East Midlands. Employment and Immigration specialists Lynne Adams, Michael Stokes, and Omer Simjee are all recommended, while the team has successfully retained its Tier 1 ranking in the South West, along with two Tier 1 rankings in East Anglia.

The South West region continues to rank highly across a range of services including Corporate and Commercial, Commercial Property, Education and Commercial Litigation. The Corporate and Commercial team in the Thames Valley office has increased its ranking to tier 2 as well as a new tier 4 ranking in Property Litigation.

The 2025 rankings reinforce the success of the firm’s strategy of recruiting in key areas to complement and enhance the existing services already provided.

Alongside the team rankings, HCR received 143 individual lawyer mentions, 32 of whom are noted as Leading Partners. The directory also recognised 10 Leading Associates, 16 Next Generation Partners and 8 colleagues are now listed in the Hall of Fame.

The University of Worcester Legal Advice Clinic

This autumn, coinciding with Pro Bono Week 2024, the University of Worcester’s law school are delighted to be relaunching the University of Worcester’s Legal Advice Clinic at the Hive. The volunteer led clinic will offer free confidential legal advice to members of the public in non-urgent matters relating to family law, personal injury and medical negligence. Advice will be given by appointment with local qualified solicitors. Trained University of Worcester law students will assist the solicitor for example by attending the meeting and taking notes.

The clinic offers University of Worcester students an excellent opportunity to undertake practical work experience, enhancing their job prospects after they graduate with us. The clinic further supports one of the University’s core

values; to support students to succeed in their chosen career, whilst motivating them to be good citizens within their local community and the wider world.

The clinic is directed by Harriet Payter, a solicitor and senior lecturer at the University of Worcester. She is supported by Ben Miles, placements and employability manager (Humanities and Arts).

If any qualified solicitors in Worcestershire would like to find out more about the project or would like to volunteer their services, please contact Harriet Payter on lawclinic@worc. ac.uk Further details can also be found on our website www. worcester.ac.uk/lawclinic

Spotlight on Michael Stokes of HCR Legal LLP

This month we shine a spotlight on Michael

Stokes, Head

of Employment and Immigration

1. What type of legal avice do you provide?

I’ve been an employment lawyer since 1993, initially for trade unions and their members, but now much more commonly for employers. The clients I work for vary from local authorities to large employers in the private sector. I also help growing businesses and charities, as well as individual claimants looking for fair treatment for their employers.

2. Why did you choose your specialism?

I was a general lawyer when I started but that was, too often, absolutely terrifying and I knew that I needed to find something to focus on. I had liked the employment work that I’d done, so went to a union firm and had a fantastic education from some

great lawyers.

3. What type of work does your team do that is relevant to Homes England? Or have you been involved in any Homes England projects?

I have helped Homes England with some complex TUPE issues myself, but wherever there are employers and employees, there is plenty of employment law.

4. What was your most memorable outcome for a client? And why?

I have had two cases go to the old House of Lords, one of which my client won.. The win ended up on the front page of The Times. The whole process of pursuing a legal argument, worth millions of pounds, all the way to the most senior judges in the country was exciting (and nervewracking).

5.How have you supported your local community?

I’m a big advocate of using independent businesses wherever I can, so that the place where I live retains its identity and its reason for being there. I also support local businesses where I can by offering valuable advice to overcome any employment challenges they might face in their journey.

6. 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?

We only have the one planet to work with, so we had better look after it. I will credit my wife with everything we do to eat organic food, wherever possible, and for our not-always-successful efforts to “grow our own”. We recycle and re-use and we are no strangers to the local charity shops.

Introducing The Money Clinic:

A Fresh Approach to Financial Planning

As the founder of The Money Clinic Ltd, I’m excited to introduce a new financial planning service that is focused on accessibility and affordability. My name is Lavinia Macdonald, and after 18 years in financial services, I set up The Money Clinic with a clear mission: to make expert financial advice available to those who need it most. Based in Malvern, I bring a wealth of experience and a personalised approach to support clients across all stages of life.

The Money Clinic offers a range of services, from retirement planning and investment advice to cash flow management and estate planning. What sets us apart is our commitment to transparency and simplicity. Many individuals find financial

advice intimidating or assume it’s only for the wealthy, but I aim to dispel those myths. Everyone should have access to financial guidance they can trust, regardless of their background or financial standing. By offering clear, straightforward advice at accessible price points, The Money Clinic is here to help people feel more secure about their financial future.

Collaborating with Solicitors for Comprehensive Client

Care

Financial planning and legal services often go hand in hand. For example, when clients create wills, manage estates, or deal with complex family arrangements, understanding the financial implications is essential. By partnering with solicitors, we provide clients with an integrated approach that addresses their legal and financial needs.

For probate and estate planning, we work together to help clients minimise

inheritance tax, understand the financial aspects of legacies, and manage any trusts efficiently. In family law, we provide financial clarity in divorce proceedings or help parents plan for education fees or future financial needs for their children.

Our goal is to complement the work solicitors do by offering our clients seamless financial advice that fits into their broader legal strategy. This way we can offer clients a more rounded, holistic approach to their financial and legal wellbeing.

The Money Clinic Limited is an Appointed Representative of ValidPath Limited which is authorised and regulated by the Financial Conduct Authority, Firm Reference Number 197107. Registered in England & Wales. Company number 15761575. Registered Office: The Mill House, Court Farm Church Lane, Norton, Worcester, Worcestershire, England, WR5 2PS

Firm wide growth recognised in the 2025 Chambers and Partners ranking for HCR Law

HCR Law has achieved recognition across all its regions in the UK 2025 Chambers and Partners rankings, underscoring our strategic growth across England and Wales.

With a total of 80 rankings spanning various practice areas and individual lawyers, it’s particularly noteworthy that we have secured 9 new practice area rankings and 14 lawyers receiving recognition for the first time. This achievement highlights our commitment to client excellence and our strategy for growing and hiring leading talented lawyers at HCR.

The Wales office in Cardiff has celebrated its growth with three new practice area rankings: a Band 2 in Agriculture and Rural Affairs, along with two Band 3 accolades in Corporate/M&A and Employment. Agriculture Partner Bryn Thomas earned a Band 2 ranking for the first time, while Rory Hutchings successfully retained his Band 1 ranking. The team has also maintained its Band 1 status in Information Technology and a Band 2 ranking in Intellectual Property. Partner and Head of Technology, Nicola McNeely , has received recognition with two Band 1 lawyer rankings in these retained practice areas.

The expertise across the Midlands was

equally evident, with new rankings in Family and Matrimonial, Construction, and Litigation. The Midlands offices also successfully retained their standings in several practice areas, including SME/Owner Managed Corporate M&A and Restructuring and Insolvency.

The strategic growth was further demonstrated by a total of 15 lawyer rankings achieved across the Midlands, with Charlotte ThorntonSmith, David Browne, Dominic Hopkins, Gareth Williams, and Paul Gundy all advancing in their respective rankings, alongside 8 new individual lawyer awards. The Cambridge office received commendation across multiple practice areas, retaining its rankings in all previous categories. Thirteen team members were recognised, including new rankings for Frank Brumby, Gemma Dudley, and Inger Anson , Head of the Cambridge office.

Across HCR’s service and sector teams, we achieved UK-wide recognition. HCR’s Healthcare team, whose service offering has grown this year with the addition of a specialist regulatory arm, achieved UK-wide recognition for the first time. This accomplishment highlights the team’s growth across the country and the clients they support.

The Education practice, led by Kristine Scott —who held her Band 1 UK-wide ranking—also achieved UKwide recognition, retaining its Band 2 accolade as a team. Partner Oliver Daniels has maintained his UK-wide ranking. While Rachel Khiara also received a UK-wide ranking within the Partnership practice area.

The Family Law team is also celebrating its achievement of a Band

1 ranking in the West Midlands and a Band 2 ranking in the South West, highlighting the team’s expertise across the country, which was also recognised in the 2025 Legal 500 rankings. Eight members of the Family Law Team received individual rankings which included two new individual rankings for James Osborne and Sally Robinson

Across HCR we received 52 individual lawyer and 28 practice area rankings. For the first time, there were three Senior Statespeople rankings, recognising individuals’ significant standings in their practice areas.

Chambers and Partners is a leading independent professional legal research company operating across 200 jurisdictions. It delivers detailed rankings and insight into the world’s leading lawyers and law firms.

The 2025 results follow the Chambers and Partners High Net Worth Guide 2024 results which were released in July 2024, which saw 14 members of the Private Client team ranked.

HCR Law’s strong performance across both demonstrates the firm’s national growth, showcases our leading expertise, and, most importantly, reflects the commitment to delivering an exceptional service to clients.

New report explores the role of wealth advisers in Charitable legacies

A new report from Remember A Charity launched on 28th August 2024, exploring the opportunity for wealth advisers to play a more active role in helping clients achieve their philanthropic goals through a charitable legacy. Looking at the benefits of engaging clients in meaningful discussions around charitable bequests, the report also highlights the potential for working more closely with charities to cocreate philanthropic journeys for clients.

Understanding the role of wealth advisers in growing legacy giving was developed in partnership with Boon Philanthropy Consulting and with support from Philanthropy Impact. It draws from research gathered from interviews and focus groups with around 40 advisers, including wealth managers, private bankers, tax consultants, philanthropy consultants, and solicitors, it also incorporates insights from fundraisers, featuring case studies of high value legacy gifts.

The report highlights the importance of the high value legacy giving market for charities across the UK, and the scope for growth. While fewer than 1% of charitable estates in recent years have included gifts of over £500,000, data from Smee & Ford indicates that these donations generate more than one quarter of the sector’s legacy income (26%)*. Based on the

current UK legacy market value, this equates to around £1 billion annually, funding vital services for beneficiaries across the country.**

Commenting on the potential for growth, Lucinda Frostick , Director of Remember A Charity, said:

“Even a small increase in high value legacy gifts could significantly enhance UK charities’ long-term funding, while enabling high net worth individuals to achieve their philanthropic goals and vision. Wealth advisers are uniquely positioned to accelerate this growth. By working collaboratively, charities and wealth advisers could unlock invaluable philanthropic potential.”

Sianne Haldane , founder of Boon Philanthropy Consulting, said:

“The opportunities that exist around growing high value legacy giving are really exciting. They provide not only transformational possibilities for charities that receive them, but central to these gifts are enhanced relationships with the donors who leave these gifts. For advisers, talking about values and legacy with clients gives them a deeper understanding of their clients’ overall goals...it truly is a win win win for all.”

While private client solicitors are often well versed with charitable legacies, the report emphasises the opportunity for a broader range of wealth advisers to play a more active role. It highlights five key findings:

1. The power of values-led conversations : Clients are increasingly seeking advice that aligns with their values and ethical considerations as well as their monetary goals. Wealth advisers can deepen relationships and trust by incorporating discussions about charitable intentions with their clients.

2. Seeding the idea of charitable legacies : Advisers are wellplaced to initiate conversations about legacy gifts during key life stages, offering clients the opportunity to align their estate plans with philanthropic aims while exploring potential fiscal benefits.

3. An appetite for specialist knowledge: Advisers express a need for more knowledge and support in raising legacy conversations with their clients. They want to better

Continued on page 18...

Lucinda Frostick

Sianne Haldane

The Role of Wealth Advisers continued...

understand how legacy gifts can be structured and how they can help clients realise their own charitable goals.

4. Legacy giving can play a key role in the philanthropic journey : The decision to leave a charitable legacy can be a catalyst that inspires future giving. Advisers recognise that discussing the causes that matter most to clients can strengthen the adviser-client relationship, as well as help clients approach subsequent philanthropic and investment decisions.

5.The need for a more holistic and collaborative approach: Impact is a key driver for high net worth individuals. They expect to have choice and agency, and be well stewarded –by advisers and charities alike. There is scope for charities to work more collaboratively with advisers, supporting them in co-creating philanthropic journeys and experiences.

One adviser commented:

“When a client feels passionately about giving something back, it is very humbling to be entrusted with the responsibility to ensure their legacy makes a positive difference to causes that are close to their hearts.”

John Pepin, CEO of Philanthropy Impact, said:

“At Philanthropy Impact, we believe that wealth advisers are at the forefront of a transformative movement in values-based impact investing and philanthropic giving, including in legacy giving. Their expert guidance can empower clients to make impactful decisions that resonate with their deepest values and aspirations.

“By fostering a more informed and integrated approach, we can ensure that high value legacies contribute significantly to societal advancement and create lasting change.”

The report is available to download from Remember A Charity’s website.*** Additional web-based content and assets have been developed to inspire, educate and equip wealth advisers for discussing legacy giving with their clients.

Rachel Steeden, Head of Legal at Stewardship, comments:

“The report is packed with useful insights to encourage mutually beneficial conversations between advisers, clients and charities. It covers the wide range of legacy structures available, including the highly practical and flexible Donor Advised Fund model”

* Source: Smee & Ford, analysis of charitable estates 20162022

** Thanks to charitable gifts in Wills, 6 in 10 lifeboat launches are made possible through the RNLI, thousands of people receive end-of-life care through Marie Curie and an increasing number of locally-based charities can deliver vital services in the community.

***https://www.rememberacharity.org.uk/about-us/ for-wealth-advisers/the-role-of-wealth-advisers-report/

Sianne Haldane

Do graduate solicitor apprentices have the best chance of passing the SQE?

In this article, Dr Giles Proctor, CEO of The College of Legal Practice, explains why he believes Graduate Solicitor Apprenticeship (GSA) Programmes can give both employers and individuals the best possible opportunities to help employees qualify via the SQE route.

What is a GSA?

Many people have heard of 6-year solicitor apprenticeships, well the GSA is a graduate entry solicitor apprenticeship programme that trains apprentices to pass the SQE1 and SQE2 whilst also producing the workplace evidence portfolio that meets Qualifying Work Experience (QWE) requirements. Solicitor apprenticeship programmes end with the SQE2 assessment and provide a qualification route to becoming a solicitor. There are programmes available for law and non-law graduates.

Here at The College of Legal Practice, we are starting to see firms include graduate solicitor apprenticeship programmes within their early careers training portfolios, and guess what? We think that these apprentices have a very strong chance of passing the SQE first time around.

We see the GSA as a unique collaboration between a higher education provider and a legal services organisation. We work closely with our client firms on their programmes and we are finding that there are some key differences with this programme and SQE preparation courses that greatly benefit both the individuals and the employer.

SQE funding for you, the employer

As you might be aware, large employers can draw down 100% of the funding for the GSA through the Apprenticeship Levy, making this an efficient and sustainable

way to bring in future solicitors. This funding channel is unique and can be put towards the full apprenticeship programme costs that includes training, coaching and SQE1 & 2 assessment costs, including one re-sit for SQE1.

If you are a smaller employer, good news, you can receive up to 95% of your apprenticeship programme costs from the government, if you are ineligible to pay the Levy.

Increased likelihood of passing the SQE and qualifying in two years

We are seeing in our student cohort, that those are preparing for longer for the SQE are getting better results. It is no surprise that taking a 40-week course generates better outcomes than studying over 13 weeks.

In the GSA programme, the candidates have a structured learning pathway towards taking the SQE exams. Whilst they are training, in addition to personal supervision, they receive discrete coaching to support their progression. This pathway works brilliantly to ensure aspiring lawyers gain all the necessary preparation, skills and qualifications to become a fully qualified solicitor. In addition, unlike SQE preparation courses, engagement with the programme is mandatory for apprentices, monitored by Ofsted.

Retention and Progression

The GSA, unlike the 6-year programme, is for graduates only who have already spent time in the higher education system and are exploring their career ambitions. When you run your GSA application process, it is set up much like a training contract process, with rigorous interviews and clear expectations for employment, training and progression. Alongside being a stable point in a person’s career journey, the GSA has the benefit of extensive support to limit the chance of apprentices dropping out due to personal challenges. The 1-2-1 coaching provided allows the needs of students to be addressed at the earliest stage possible and the prerequisite support put in place swiftly.

Improving access and social mobility

You can help achieve your firm’s social mobility objectives through the introduction of Graduate Solicitor Apprenticeships. For many students, who

are the first in their family to get a degree, let alone enter this rigorous profession, we hope that having a clear and funded structure to progress will be the difference between pursuing their goals and not. This has a knock-on effect for employers, leading to increased social mobility, a more diverse workforce and eventually a pool of future solicitors that better represent the society they serve. The GSA also offers a fantastic opportunity for internal progression, with paralegals and legal executives using the GSA as a structured pathway to qualification.

Focus on delivering value for your clients

Traditional apprenticeship schemes take apprentices out of the workplace for a day a week, impacting on client delivery. With The College of Legal Practice’s programmes, apprentices can study virtually and flexibly, allowing them to focus on their work responsibilities and demands alongside their study. This approach also avoids the need for travel time and costs and give apprentices options for study outside core working hours if needed.

So, at the College, we believe the Graduate Solicitor Apprenticeship is highly valuable for employers and offers the structure to help apprentices pass the SQE. It provides a robust launch pad to fully integrate apprentices into your workplace and ensures that they have individual support and coaching to become your next valued cohort of NQ solicitors.

You can find out more about Graduate Solicitors Apprenticeships at collegalpractice.com and you are welcome to get in touch using the QR code below or email at gproctor@collegalpractice.com

Dr Giles Proctor

Politcally Motivated

Bromsgrove Students are encouraged to delve into issues that interest them and can enhance their understanding of their studies. Politics is an increasingly popular Sixth Form option at Bromsgrove School, with students encouraged to have a strong interest in current affairs, an interest in how the world works and an understanding of philosophical ideas of democracy, freedom and justice. As part of the IB Global Politics Course students visited Belfast and Derry/ Londonderry to gain valuable insights into the peace process and the challenges of

reconciliation in a post-conflict society. In Derry/Londonderry, students visited the Free Derry Museum and spoke with the sister of a Bloody Sunday victim, gaining personal perspectives on the impact of violence. They also explored the new Peacemakers Museum, featuring a replica of an ‘H Block’ prison cell. In Belfast they visited Stormont where they met with Alliance Party MLA and former Lord Mayor Kate Nicholl, who discussed the intersection of law and politics. The trip enhanced the students' understanding of the crucial role of law in promoting peace and justice in post-conflict societies.

More recently, a newly created studentled Politics Society (PolSoc) invited Bromsgrove’s new MP, Mr Bradley Thomas, to School for a q&a session. Mr Thomas kindly accepted the invitation giving his time generously; pupils were delighted to be able to put some searching questions to the town’s new MP, gaining

insight into the workings of Parliament but also into how an MP does work within his constituency.

Protecting clients against bad debts

The first steps you are likely to recommend are ensuring your client has well written Ts&Cs and sensible credit terms which are strictly enforced. You might also suggest credit referencing, personal

guarantees, and bonds – if their customer agrees. A broad customer base also reduces the impact of one debt. But how about Trade Credit Insurance?

An unpaid invoice or invoices can be catastrophic, leading to a domino effect of companies going bust. The recent administration of ISG Group, the UK’s sixth largest construction firm, is sending a shockwave through the construction sector and beyond. ISG owes £400m to 3,000 creditors, some owed over £10m each. The size and status of ISG probably gave a false sense of financial security to its supply chain, which is now in turmoil, unless they have Trade Credit Insurance

Trade Credit Insurance is designed to warn clients if their customer’s financial position looks shaky and

it will assist them chasing overdue payments, but most importantly Trade Credit Insurance will pay out if a debt cannot be recovered, which can be a life saver. Trade credit insurance can also be used to safeguard arrangements with suppliers who fail to deliver goods or services already paid for. Polices can cover the whole customer base or selected accounts, depending upon circumstances and requirements.

If you or your clients would like to know more about Trade Credit Insurance give Sutcliffe & Co Insurance Brokers a call on 01905 21681 or enquiries@ sutcliffeinsurance.co.uk

Duncan Sutcliffe

Unoccupied Property Insurance –Information feature

No inspection condition, no responsibility, no problem?

A few years ago, it was commonplace to have an inspection clause in every unoccupied property insurance policy requiring fortnightly or even weekly inspections of the property, inside and out.

Arranging weekly inspections was either expensive, engaging a local property agent or maintenance firm; or risky, cover relying on a family member arranging inspections and keeping records to evidence them.

More recently, a number of insurers have relaxed this requirement, much to the relief of the probate professional. Thirty day requirements are now commonplace. In fact, policies are also available with no formal inspection condition at all and seem to relieve the executor of any obligation – but to what extent is this really true?

Can a probate professional organise unoccupied property insurance and simply pass the responsibility to the insurer for anything that goes wrong?

Unfortunately, it’s not that simple.

Although the absence of a formal inspection warranty in a policy relieves the policyholder of a rigid ‘diary led’ inspection regime, there are other conditions which, if ignored can just as surely result in a claim being reduced or declined.

Duty of care

Just about every policy carries a written duty of care. Here you will find a written obligation to: ‘take all reasonable care to protect the property from, or to limit loss or damage’

If a maintenance issue has been left unresolved for several months and this is found to have contributed to a loss, an insurer would be within their rights to cite the above duty whilst declining to pay for damage.

Exclusions

A typical unoccupied property insurance policy will exclude any loss or damage which pre-dates the policy being in force.

If no initial inspection has been carried out, long-standing issues might go un-noticed which may later lead to a severe loss. Your insurer will have little hesitation in evidencing the long-term nature of the cause.

Also, your policy will exclude any loss or damage which has occurred (even in part) through inadequate maintenance or wear and tear.

This is a particularly a wide-ranging statement (common to most policies), which can be used to decline or reduce payment in a great variety of situations, unless the insurer is provided with evidence that reasonable care has been taken to ensure the property is maintained in good condition.

A grim example – elements taken from a variety of real events.

Your client’s roof collapses or is torn off during bad weather. You register a claim, confident the insurer will pay for repairs.

No other building in the street was damaged. The loss adjuster investigates further.

The garden is overgrown, the wall and some of the roof being covered by thick ivy which had dislodged and loosened gutters and slates, letting in moisture which has caused timbers to rot.

The slates, their bond with the ivy stronger than that with the roof, have ended up in the garden. The long-term effects of dampness in the roof timbers is evident.

The claim is successfully turned down.

Many insurers have a written definition of what constitutes storm conditions. Remember, a well-maintained property should be able to withstand all but extreme weather.

Advice? Arrange regular inspections on every property.

In the above example, regular maintenance of the property and grounds may have provided a very different outcome. The claim may have been successful. The damage might never have occurred in the first place.

Even with no formal inspection condition, regular inspections will reduce the likelihood of damage, as well as assist with evidence to support a valid claim.

At every inspection:

• Maintenance of the garden should be viewed as an investment rather than a cost, protecting the property from damage from vegetation, reducing the risk of burglary, vandalism, damage by animals, and maintaining the property value.

• Check roof for signs of damage, slipped tiles, excessive moss growth or weeds, cracked cement etc.

• Check gutters, downpipes and drains are clear. Blockages or growth in gutters can cause damp and water ingress.

• Blocked drains can cause flooding.

• Check flat roof areas for signs of damage or weakness. A felt flat roof has a limited lifespan, anything more than 12 years old is likely to be severely weakened and in need of replacement.

• Check windows, doors and frames for signs of rot or weathering.

• Check that the stopcock is operating properly, check taps, pipes and radiators for signs of leaks or drips.

• Check pipes in loft areas. If you have water pipes in the roof space, open the loft hatch by 12 inches to allow warm air to circulate in the loft.

Colin Bickers is a Director of Bickers Insurance Services, specialists in unoccupied property insurance for probate and householders in care. This general risk management advice should not be considered exhaustive, nor suitable for every property.

www.bickersinsurance.co.uk

Bickers Insurance Services is a trading name of Bickers Insurance Services Limited. Authorised and regulated by the Financial Conduct Authority. Registered in England and Wales Reg No.08432640.

St Philips Chambers Secures "Set Outside London of the Year" Accolade at the Legal 500 Bar Awards

Birmingham based barristers’ chambers, St Philips is proud to announce that it has been named "Set Outside London" at the 2024 Legal 500 Bar Awards. This prestigious recognition celebrates the expertise, service, and consistent excellence demonstrated by its team of 160 barristers and 40 staff.

The Legal 500 Bar Awards are highly regarded across the UK legal sector, with the awards identifying exceptional achievement and innovation among individual barristers, specialist practice groups and sets. St Philips Chambers has stood out among its regional competitors, demonstrating not only legal excellence but also a client-centric approach that has earned the trust and respect of its growing client base.

Joe Wilson, CEO and Director of Clerking at St Philips, expressed his delight on winning the award:

"We are absolutely thrilled to be named as The Legal 500’s ‘Set Outside London’. This accolade further cements our

position as one of the UK’s leading chambers.

The award is a testament to the collective hard work, dedication, and commitment of everyone in Chambers. Our barristers, clerks, and support staff continuously strive to deliver the highest standard of legal service, and we are grateful to our clients for the trust they place in us.”

The award follows a continued period of growth and success for St Philips Chambers, including notable wins in complex and high-profile cases. The set's multi-disciplinary team of barristers are a leading force in advocacy and advisory services, regionally, nationally and internationally.

Legal 500 Bar Awards Ceremony

Meeting of experts –solicitors get it wrong again!

My loyal readers will know that I often bang on about incompetent experts. There is a treasure-trove of articles on the shocking failure of some experts, in my blog https://chrismakin.co.uk/ blog/. But we should also be alert to the blame which should attach to solicitors who get it wrong. Most expert witnesses are not full-time experts; indeed, many believe that a witness cannot have current expertise sufficient to give expert evidence if he is not active in his main profession. And I have spoken before about the need for those who wish to give expert evidence to learn how to do it properly. For an accountant, expert witness work is not merely a sexy infill between audits.

But for litigation solicitors there is no excuse. Their main profession is litigation, and they must know the rules and, of course, make sure that those they instruct as experts follow them, too.

I wrote recently about the case of Patricia Andrews & Ors -v- Kronospan Ltd [2022] EWHC 479 where an expert delivered a joint statement of experts to the court more than two years late. It emerged that he had conferred with his instructing solicitor some 69 times for help on drafting his joint statement. He should have known better. The judge decided that the expert had no regard for their independence. The report was withdrawn and the judge allowed another expert to be appointed. But the first expert had charged £225,000 which was wasted, and there would no doubt be a costs order against that party, too.

But what about the solicitor in all this? The expert should have known better than to turn repeatedly to the solicitor for help, but the solicitor should have known

– must have known – that he should not reply when the expert asked. Who paid the £225,000 plus any costs order I don’t know, but from what is reported it surely shouldn’t have been the client.

Now it’s happened again.

Glover -v- Fluid Structural Engineers & Technical Designers Ltd [2024] EWHC 1257 (TCC) was a case about damage to adjoining property, and it required expert engineers to find out what had happened, and assist the court to decide whose fault it was. The defendant became suspicions when the claimant’s expert appeared to have changed his opinions as the joint statement was being compiled. A series of questions were posed of the claimant solicitor, who gave assurances that nothing untoward had happened.

Then, when the claimant solicitor was asked whether any instructions had been given regarding the substance and the wording of the draft statement and whether the expert had been asked to change his opinion, there was no reply. This was highly suspicious.

The TCC Guide is quite specific about what help a solicitor may give to their expert in joint reports. Here is the relevant wording from paragraph 13.6.3:

Whilst the parties’ legal advisors may assist in identifying issues which the statement should address, those legal advisors must not be involved in either negotiating or drafting the experts’ joint statement. Legal advisors should only invite the experts to consider amending any draft joint statement in exceptional circumstances where there are serious concerns that the court may misunderstand or be misled by the terms of that joint statement. Any such concerns should be raised with all experts involved in the joint statement.

This could not be plainer. The lawyer must not be involved in drafting or negotiating the experts’ joint statement. Only in exceptional circumstances where the court may misunderstand or be misled by the statement should they intervene, and even then, they must communicate with all the experts. Cosy chats between one lawyer

and their expert is verboten!

So what happened? The claimant lawyer apologised to the defendant and to the court, accepted that permission to rely on their expert’s opinion be revoked, and asked permission for a new expert to be appointed. The judge allowed for a new expert, but only if the original trial date could be met.

But here’s the rub. The judge awarded costs thrown away on an indemnity basis and 30% of the costs of considering the new expert’s report and the joint report, again on an indemnity basis if not agreed. That would hurt.

There really cannot be any excuse if litigation lawyers don’t know the rules, or don’t follow them. The expert should never have asked for assistance in drafting the joint statement but, a fortiori, the lawyer should not have given that assistance. And, in line with my repeated entreaties, the lawyer should have chosen an expert who knew the rules and followed them.

Age old moral: choose your experts with care.

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

Chris Makin

Deborah Biggadike v Kamilia El Farra & Anor [2024] EWHC 1688 (KB)

Summary

The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.

Learning points

Learning points for instructing parties:

• It is best to disclose any potential conflicts of interest mentioned by the experts you instruct, to the court and the other parties, even if they appear minor or tangential.

• You should remind the expert witnesses you instruct of their duties and obligations and make a point of selecting expert witnesses who can demonstrate that they have appropriate training in those duties and obligations.

Learning points for experts:

• Engaging in normal professional activities, such as sharing a platform speaking at a conference or seminar with a colleague acting in the same case, should not by itself cause a conflict.

• Expert witnesses in smaller fields will naturally be aware of most, if not all, other experts and professionals working in their field, and this should not, of itself, cause a conflict.

• Nevertheless, you should disclose any such circumstances to your instructing party.

The Case

The claimant alleged that she underwent a TVT-A tape implantation procedure that would otherwise have been avoided because of breaches of duty by the first defendant. The claimant and first defendant alleged that that a subsequent mesh excision surgery and colpsuspension performed by the second defendant were a breach of duty.

The Experts

Three expert urogynaecologists provided evidence: Dr Sokolova, Mr Robinson and Mr Toozs-Hobson. The integrity of Mr Toozs-Hobon and (to a lesser extent) Mr Robinson as independent experts was attacked during cross-examination which sought to suggest that they had personal, professional and/or financial interest in the outcome of the trial and/ or had a financial interest in the supply of vaginal mesh products.

Seminar for urogynaecologists

During the course of the trial Mr Toozs-Hobon and Mr Robinson shared a platform speaking at a seminar for urogynaecologists which had been planned before the trial. Due to changes in the trial timetable, Mr Robinson was giving evidence over the weekend of the seminar, while Mr Toozs-Hobson

was yet to give evidence. Both experts had informed their legal team of this professional commitment but had not informed the court or the second defendant or her lawyers.

The Judge’s view

The judge noted that it would have been preferable for this commitment to have been volunteered to the court and the second defendant. However, had it been disclosed, the judge would have done no more than to the remind the experts not to discuss the case between themselves, and Mr Robinson (who was in the process of giving evidence) that he was prohibited from discussing his evidence with any other person. The judge was able to ascertain that this was in fact how the experts acted.

The judge went on to note that the subspecialism of urogynaecology was a small one. Mr Robinson and Mr TooszHobson already knew each other and the defendants before the case. She noted that “[i]t is entirely artificial to think that the organisation and attendance at the weekend seminar would have any effect or impact on [the experts’] evidence. Mr Robinson and Mr Toozs-Hobson had each already provided written reports and then a Joint Statement addressing a detailed agreed agenda. The quality of the substance of their opinion could be and was properly explored through the trial process.”

The judge rejected the suggestion that the experts had approached the task of giving evidence other than in accordance with their duties to the court.

She also rejected any suggestion that either had given evidence that had been improperly influenced by any hidden agenda of protecting personal, professional, or financial interests or had a stake in any particular outcomes in the litigation.

Sean Mosby

https://ewi-live-portal.azurewebsites.net/ News/Case-Updates/author/sean-mosby

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