This edition...
Committee Members
President's Introduction
Tom Lawal and Terri Mason appointed as Deputy District Judges
10 top band rankings in Legal 500 for the West Midlands
Harrison Clark Rickerbys commits to reduce carbon footprint
St Ives Chambers ranked as leading set by Chambers & Partners 2023 guide
Management board moves announced at mfg Solicitors
St Ives Chambers ranked as leading set by the Legal 500 2023 edition 8 HCR’s family team ranks highly in Chambers and Partners 2023
Marathon honour for Darryll!
St Ives Chambers is delighted to announce James Picken’s appointment as a Circuit Judge
CILEX Graduation for ambitious Chartered Legal Executive.
Law firm mfg Solicitors advise on multi-million Brierley Hill industrial estate sale
Promotions for lawyers across Three Counties and West Midlands
Dedication of clinical negligence lawyers reflected in legal rankings
2022 WLS Award Winners
What’s the point in a point estimate?
WJLD Committee Update
Menopause and the workplace
Public appetite grows for leaving gifts in wills to charity
Data Insights Report: Planning Applications
Experts - a miscellany
Family relationship DNA testing
An Introduction to Finders International
Legal Notice © East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.
Andrew Chandler President mfg Solicitors LLP andrew.chandler@mfgsolicitors. com
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
Charlotte Perry Outgoing President Parkinson Wright cap@parkinsonwright.co.uk
Stephen Hurley Committee Member University of Worcester s.hurley@worc.ac.uk
Rachael Wheeler Committee Member Saunders Roberts rachael.wheeler@ saundersroberts.co.uk
Patricia
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Darryll Thomas Committee Member mfg Solicitors LLP darryll.thomas@mfgsolicitors.com
James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com
Katie Banks Editor of Pears mfg Solicitors LLP katie.banks@mfgsolicitors.com
Amy McGowan-Docherty Deputy Editor of The Pears Solicitor – Harrison Clark Rickerbys E: amdocherty@hcrlaw.com
Priya Tromans Committee Member St Ives Chambers priya.tromans@stiveschambers. co.uk
John Aldis Committee Member St Philips Chambers jaldis@st-philips.com
Alexandra Phillips Committee Member mfg Solicitors LLP alexandra.phillips@mfgsolicitors. com
Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk
Beeching Committee Member Law Society Council Member for the Welsh Marches Georgina Hunt Chair Harrison Clark Rickerbys ghunt@hcrlaw.com Lucy George Social Media Secretary mfg Solicitors lucy.george@mfgsolicitors.com Lucy Harrold Social Media Secretary mfg Solicitors lucy.harrold@mfgsolicitors.comPresident’s Introduction
Welcome to the Autumn Edition of the Pears Magazine.
Recently the WLS came together to celebrate professional excellence within our county at the Annual Awards Evening held once more within the beautiful settings of Grafton Manor on Friday 23rd September 2022. Fortunately, the weather was fine and it was very well attended such that we could have filled the marquee twice over such was the demand for tickets. Those lucky enough to be there were treated to a “steam punk” style choir on arrival at the drinks reception, a magician of the magic circle performing amazing close-up tricks and the exceptional hospitality of the hotel. All those who were nominated, shortlisted and, of course, the winners were well deserving of the Society’s recognition and reward for all their achievements which culminated in the presentation of the Lifetime Achievement Award to Maynard Burton of mfg Solicitors
LLP. We are certainly surrounded by some especially talented legal professionals in this county. Special thanks must go to the sponsors of the event without whose continued and valuable support we would not be able to put on such an event in such surroundings. A personal thank you from the committee and I is due to Laura Osborne whose tireless work and efforts behind the scenes ensures time and again that this event never fails to impress. As well as celebrating the achievements of the previous year the evening was also an opportunity to raise much needed funds for the Midlands Air Ambulance Charity whose good works were described by Pam Hodgetts who kindly accepted our invitation to attend and represent the charity. I am pleased to confirm that your generosity on the evening in purchasing raffle tickets raised a substantial sum which the WLS rounded up to £1,841 (to match the year of the founding of the WLS). The committee and I look forward to seeing as many of you as possible at next year’s Annual Awards Evening so please do save the date when it is announced!
Our next event is a cheese and wine tasting evening led by Lee-Anna Rennie-Johnson
(aka The Dairy Made) aptly named “Pour Decisions and Perfect Pairings” to be held at the Royal Porcelain Works in Worcester which promises to be a very enjoyable evening. If the evening is as successful as we hope it will be then this too is likely to become an annual fixture in the WLS events calendar!
For the football fans amongst us I am sure that all eyes are now focussed firmly upon Qatar and, of course, the WLS is wishing that both England and Wales have a tournament to remember for all the right reasons (not least because yours truly has drawn Wales to win the World Cup in the work sweepstake!).
In the run-up to the end of the year the committee and I would like to take this opportunity to wish you all a very Happy Christmas and best wishes for a prosperous New Year in 2023.
Kind regards,
Andrew Chandler President, Worcestershire Law Society 2022-2023
St Ives Chambers is delighted to announce that two members of Chambers have been appointed as Deputy District Judges in the latest round of judicial appointments.
Tom Lawal (2008 call) and Terri Mason (2019 call, admitted 2004) have both been appointed to the Midland Circuit to sit in civil and family proceedings.
Head of Chambers, Elizabeth Isaacs KC said “I am absolutely thrilled to learn of the appointments of Tom and Terri. Their appointments are thoroughly well deserved and are a recognition of their hard work and dedication. I know that both will be a considerable asset to the judiciary and I wish them well as they embark on their judicial careers.”
Tom, who is a private law children and housing specialist, and Terri, who practises exclusively in children law, will both continue to practise in Chambers whilst carrying out their part-time judicial work.
10 top band rankings in Legal 500 for the West Midlands
Harrison Clark Rickerbys (HCR) scooped 10 top band rankings for Birmingham and the West Midlands, following the release of the 2023 edition of the Legal 500 directory. This also includes three rising stars, four next generation partners and 10 leading individuals named.
The firm’s Family team has moved to the top spot in the region this year from band two for Birmingham, and it has maintained a band one ranking for the ‘elsewhere in the West Midlands’ region. Birmingham Family partner, Victoria Fellows is singled out as “a tough but pragmatic litigator”.
The rankings for Corporate and Commercial also see HCR in band 1 for elsewhere in the West Midlands, along with Commercial Litigation.
The Private Client team has also improved its ranking, moving up to band two for Personal Tax, Trusts and Probate, and maintained its band two ranking for Contentious Trusts and Probate. Also in band two is Finance (corporate recovery and insolvency).
The team at Medical Accident Group, part
of Harrison Clark Rickerbys, also features in band two for Insurance (personal injury and clinical negligence; claimant) in the West Midlands. They are highly praised for their empathy, care and “extensive medical knowledge”.
The firm maintained its band three rankings for Projects, Energy and Natural Resources (energy project finance and PFI) and Real Estate (construction).
Head of Birmingham office, Rebecca Leask (pictured left) said: “These are fantastic results for our Birmingham and West Midlands teams and we thank our clients for their glowing testimonials”.
Overall, HCR received rankings in 44 top bands – 12 in band one, 19 in band two and 13 in band three. 135 individual lawyers have been named in this year’s edition including 28 leading individuals, 13 next generation partners and 10 rising stars.
Harrison Clark Rickerbys commits to reduce carbon footprint
Law firm Harrison Clark Rickerbys (HCR) has committed to remove carbon from their operations and activities to reach a net-zero position by 2040. Working with consultants, Go Green Experts, the firm has audited its emissions and outlined the steps it will take to reach its ambitious carbon reduction plan.
Philip Parkinson, Partner, said: “We recognise that our social responsibility extends to doing all we can to reduce our impact on the climate and protect the environment. Since commissioning the report we’ve made significant improvements but there is much work still to do. We’ll be working collaboratively with suppliers, employees, clients and stakeholders to make a difference to the communities we work and live in.”
Dominic Lavelle, Managing Director at Foregate Street based Go Green Experts said: “I’d like to congratulate HCR for setting their ambitious Net Zero target and committing to a robust plan to reduce their carbon emissions over time. We have worked closely with HCR over the past year - the seriousness and rigour with which they are taking on this challenge will set them in good stead as they look to transform their business activities over the coming years.”
St Ives Chambers ranked as leading set by Chambers & Partners 2023 guide
Following the outstanding reviews from the Legal 500 2023 edition earlier this month, we are pleased that St Ives Chambers has again been ranked as a leading set in the 2023 Chambers & Partners guide.
A total of 31 barristers are ranked across five different areas of practice. Chambers is ranked in Band 1 for Family: Children, Family: Matrimonial Finance, and Social Housing. We are also ranked in Crime and Real Estate Litigation.
The Family team is described as “a wellestablished and highly regarded family set” where the “clerks are excellent. They go above and beyond to provide a firstrate service to those instructing them”. Elizabeth Isaacs KC is ranked as a leading silk. In addition, 11 juniors are ranked. In the Matrimonial Finance team, four juniors are ranked.
The Band 1 Social Housing group boasts eight ranked barristers and “the set remains pre-eminent in this market”. The specialist clerking team is described as “excellent”.
Four juniors are ranked in the “impressive” Criminal group “noted for its expert handling of cases arising from the full range of criminal offences”. The clerks are described as “always helpful in resolving issues”. In addition, a further junior is ranked as a Band 1 junior in financial crime.
The Real Estate Litigation group is “a wellrespected” and “equipped to handle a range of complex property disputes”. Two juniors are ranked.
Head of Chambers, Elizabeth Isaacs KC, commented “We are very pleased with these excellent entries from the Chambers & Partners Guide, which builds upon the marvellous rankings we received from the Legal 500. They demonstrate the real depth of talent that is based in these Chambers and I am incredibly proud of our members and staff, who offer such an excellent service to our clients.
Congratulations to all those who are ranked”.
the role of managing director.
Mr Davies, who has been with the firm and its predecessors since 2003, takes over from partner Suzanne Lee who held the role for 10 years - during which time she oversaw an impressive growth period with mfg expanding through a variety of acquisitions, mergers, and a move into the Birmingham market.
An expert in all property-related matters, Mr Davies has sat on the firm's board for five years as IT partner and its data protection officer. As part of his newly expanded role, he will move from mfg's Telford office to its headquarters in Kidderminster.
The boardroom moves will also see Suzanne Lee taking over the role of chair for the coming year. She will succeed widely respected solicitor and senior partner, Maynard Burton, who steps down from the board after acting as chairman for 17 years, and a management board member since the 1990s.
A well-known figure, especially across Kidderminster and the wider Wyre Forest, Mr Burton is credited as being one of the key architects in the firm’s success story. He will continue as a partner in the Kidderminster office serving the firm’s broad base of Commercial Property clients.
Andrew Davies said: "I will shortly be marking 20 years with mfg Solicitors so it's an extremely proud moment for me to take on the role of managing director and build on the success Suzanne and the rest of the board have delivered over the past decade.
Law firm mfg Solicitors has announced a series of board level changes, including the appointment of a new managing director.
The Worcestershire law firm, which has offices in Worcester, Kidderminster and Bromsgrove has appointed experienced conveyancing partner Andrew Davies to
"That success is also largely down to Maynard who for so many years has been a driving force, figurehead and inspiration to so many. The service and commitment he has given on the board and across the firm is immeasurable.
"Overall, we have grown in so many ways over recent years but I see my role as ensuring our employees understand our vision, what our next phase of growth looks like, and making sure they feel empowered to be the best.
"As a firm, we have coped tremendously with the past two years during the pandemic and see a wide number of growth opportunities locally, regionally and nationally. It's my expectation to continue that growth.
"More generally, it's an exciting time for us with the legal industry at the front and centre of so many matters commercially and for private individuals too. To play a leading role at a firm which has a first-class reputation across all sectors is something really special.”
St Ives Chambers ranked as leading set by the Legal 500 2023 edition
We are pleased to learn that St Ives Chambers has been ranked as a leading set by the legal directory the Legal 500 in its 2023 edition.
In total, 36 different members of Chambers have been ranked in five separate practice areas. Chambers has 38 rankings in total. St Ives is ranked as top tier set in family law (children and matrimonial finance) and social housing. Chambers is also recommended in business and regulatory crime, general crime and property and construction.
Chambers is described as a “consistently strong” set with “reliable and skilled barristers”.
The family law team is “an excellent team of family counsel” with “a high calibre of barristers” who are “a first call for family matters”. Elizabeth Isaacs KC is ranked as a leading silk. Fourteen juniors are ranked as leading juniors in child law in total: three at tier one, five at tier two and three at tier three. In addition, three juniors are ranked as rising stars.
Four members are ranked in divorce and financial remedy: three at tier one and one at tier two.
The tier one social housing team is
described as having “real in-depth expertise of housing law” and being “extremely knowledgeable in the area of social housing residential landlord and tenant disputes. It has strength and depth.” Four juniors are ranked at tier one and a further as a rising star.
The criminal team has a “pool of highly talented criminal practitioners” and has eight leading juniors ranked in total: three at tier one, three at tier two and two at tier three. The criminal team is also described as “one of genuine quality”. In addition, one further member is ranked as a tier one junior in business and regulatory crime.
Chambers’ property group is noted to be a “great team that offers diversity and strength” with an “excellent property team with a wide range of specialisms and experience”. Five juniors are ranked: two at tier one and three at tier two.
Head of Chambers, Elizabeth Isaacs KC, said “These are magnificent rankings for the whole of Chambers and really demonstrates the strength and quality that we offer as a set. To have so many of our members ranked in so many different practice areas is a testament to the hard work of our barristers and clerks.
I am particularly pleased to note that we have so many junior members of Chambers recognised as ‘rising stars’ by the directory. This shows that the training
we offer to our pupils and junior members brings about a real depth of quality in Chambers as a whole.
Congratulations to all those members of Chambers who are ranked”.
To view Chambers’ full rankings, please gop to: https://www.judiciary.uk/ appointments-and-retirements/ circuit-judge-appointment-picken/.
HCR’s family team ranks highly in Chambers and Partners 2023
HCR’s Family team has been ranked in band 1 for Cheltenham & surrounds and Hereford, Worcester & surrounds and in band 2 for Birmingham and surrounds in the new Chambers and Partners legal directory which launched today. Family law Partner, Roopa Ahluwalia is noted as ‘up and coming’ in Cambridge.
The team has seven lawyers ranked in total across the guide including Hayley McCormack and Victoria Fellows in Birmingham, Roopa in Cambridge, Carolyn Green and James Grigg in Cheltenham and Andrew Caldicott and Nadia Davis in Hereford and Worcester.
Clients say of the team: “It’s a very impressive, large team. They have a huge pool of talent.”
“The team has a broad knowledge and understanding of complex case”
"The group is always very efficient, professional and helpful."
"It is a strong family law team."
Whilst clients and peers praise individuals in the team for their ‘significant expertise’ and for ‘doing really good work.’
Overall lawyers across the firm achieved 38 individual rankings with 13 lawyers ranked in band 1, 11 in band 2, 11 in band 3 and 3 lawyers ranked in band 4 across 12 different practice areas including Family, Agriculture and Rural Affairs, Corporate, Intellectual Property, Real Estate, Education, Litigation, Clinical Negligence and R&I across 10 separate regions.
minutes, which was Darryll’s second fastest marathon time. Just seven days earlier Darryll had completed the Berlin marathon in a personal best time of 2 hours and 44 minutes.
Darryll who runs for Bromsgrove and Redditch Athletics Club, at peak training will run 70-80 miles per week and will now shift his attention to the Boston marathon next April where he hopes to try and run under 2 hours and 40 minutes. Good luck Darryll!
St Ives Chambers is delighted to announce James Picken’s appointment as a Circuit Judge
His Honour Judge Picken to sit at Wolverhampton Combined Court effective from 17th October 2022.
To view the appointment, please go to: https://www.judiciary.uk/ appointments-and-retirements/ circuit-judge-appointment-picken/
CILEX Graduation for ambitious Chartered Legal Executive.
Employment law partner, Darryll Thomas of mfg’s Worcester office recently had the honour of representing England Masters in the annual representation race at the Chester marathon.
Darryll was selected for the M45-49 age category following his performance at the Milton Keynes marathon, one of four designated selection races, earlier in 2022. This was Darryll’s fourth marathon this year and thirteenth in total and he managed to complete the race in a time of 2 hours and 46
We are delighted to announce that James Picken has been appointed as a Circuit Judge.
Head of Chambers, Elizabeth Isaacs KC, said “We are absolutely delighted to learn of His Honour Judge Picken’s appointment to the circuit bench. Our pleasure at his appointment has to also be marked with our sadness about losing a much-valued friend and colleague from chambers. He has been an integral part of these chambers for over sixteen years. We are grateful for all he has done for St Ives and we shall miss him terribly.”
His Honour Judge Picken was called to the bar in 2004 and joined St Ives Chambers in 2006. He was appointed as a Recorder in 2016 and has been head of the St Ives Chambers Private Law Team since 2020. The Lord Chief Justice has deployed
The ceremony included speeches from CILEX President Matthew Huggett and HHJ Marc Dight CBE, both of which focused on the determination it takes to continue to work full-time whilst studying. They explained that those who have taken this vocational route often go on to progress further in their legal careers.
Zoe said “For me, it marked 4 years of hard work in gaining my Level 6 Diploma in Law and Practice. It celebrated breaking down the barriers between the traditional route into law and the vocational route.”
Zoe has longed for this day for many years, as have all her supportive colleagues at Silverback Law. They’ve seen first-hand the hard work and dedication she's shown and are extremely proud to have watched her learn, grow and achieve.
A Midlands law firm has advised on the multi-million pound sale of a well-known Black Country industrial estate.
Commercial property specialists at mfg Solicitors have handled a deal worth around £6million which has seen the Delph Industrial Estate in Brierley Hill purchased by property group, Telereal Trillium.
The seven-acre estate, which has 40 units let by a range of local businesses, has been sold by veteran Black Country businessman, Tony Whittaker, who opened the once derelict site in 1982 to help create new jobs.
Partner Ben Rothery and colleague Rachel Dear acted on behalf of Mr Whittaker on the deal which was completed in just four weeks.
Ben Rothery said: “The Delph Industrial Estate has provided jobs for hundreds of people over the past 40 years and been given a terrific base and launchpad for many businesses. Tony and his family have built the estate up from scratch and rightly gained a reputation as a businessman who has the community at heart.
“We were delighted to play such a central role in the deal and to complete it in just one month. It now allows Tony to move onto other projects, whilst also ensuring ownership is transferred to wellestablished company like Telereal Triiium who understand the estate’s history and importance.”
“We have built the estate up from what was a series of derelict buildings and yards after the sad demise of the Round Oak works in the 1970s. It gives us immense pleasure to have completed the project and leave things in good hands.
“We have managed the site through some extremely tough times over the past four decades but it has been great to see so many businesses continue to grow and thrive from it – including our own family business, Midland Fabric and Bar.
“I want to praise the superb work from Ben and Rachel to get the deal across the line smoothly and in an unbelievable timescale. Their advice and support has been first-class.”
Mr Whittaker, 78, a former national weightlifting champion who was born on the same road as the industrial estate, has carved out a career as a successful local businessman since the 1960s. Just one year after opening the industrial estate, in 1983 he built and opened the Nine Locks and Chainmakers pub on Amblecote Road, then the largest pub in the region.
He has confirmed that the “landmark” 64-tonne Chieftan tank, which sits at the entrance to the estate, will be retained by the new owners.
The Commercial Property team at mfg Solicitors handle a range of matters includes sales and purchases of industrial or retail premises, financial transactions, planning and development, leasing, complex land issues, and advising on all sizes of renewable energy projects.
Promotions for lawyers across Three Counties and West Midlands
Lawyers at Harrison Clark Rickerbys are celebrating across the Three Counties and the West Midlands as the firm announces its latest round of promotions.
Hannah Oseland becomes a Legal Director in the Banking and Finance team in the firm’s recently opened Birmingham office. Also in the Birmingham office, Lisette Macdonald has been promoted to Senior Associate in the Private Client team.
Meanwhile in Worcester, Daniel De Saulles has been promoted to Senior Associate in the Commercial team with Cathryn Harper-Tedstone promoted to Associate in the Family team.
Over in Cheltenham, Paul Watkins is promoted from Associate to Senior Associate in the firm’s Education and Charities team, while Ellis Jessica Walby becomes an Associate in the Employment and Immigration team.
In Hereford, the Agriculture and Rural Affairs team gain a new Associate, with Sarah Harbord promoted this month.
Head of Worcester Office Charlotte Thornton-Smith said: “Congratulations to all those who have been promoted. It’s fantastic to see so many colleagues recognised for their hard work across the Three Counties and the West Midlands.”
These promotions come as a host of newly-qualified solicitors continue their
career with HCR, with eight solicitors having completed the firm’s training course.
Dedication of clinical negligence lawyers reflected in legal rankings
Medical Accident Group – part of Harrison Clark Rickerbys - has ranked in band two for Clinical Negligence:
Claimant for the West Midlands in the 2023 edition of The Legal 500 UK. They are highly praised for their empathy, care and “extensive medical knowledge”. Recognised for her recent position as President of the Birmingham Law Society, Inez Brown, who heads the team “expertly and efficiently”, is listed as a leading individual. Ally Taft is described as an “exceptional lawyer” and noted for
her “tenacity in difficult cases and for vulnerable clients”. Elizabeth Wickson received high praise for her empathy, with the client describing their experience as feeling “like she held my hand the whole way”.
Another client describes Stephanie Pincher’s “attitude, work ethics and care” as “exemplary”, while Amrit Dhaliwal receives praise for her “hardworking” approach to ensure clients are “heard and understand the complexities of their case”.
Expertise across the team is commended as “well balanced”, with “real strength in depth amongst its associates and paralegals”. The rankings are largely based on client feedback but also on the team’s caseload, which is regarded as “high quality” with “real experience”. The rankings further cement their commitment in helping to make a difference to people’s lives.
Medical Accident Group is dedicated to working for those who have suffered medical negligence or a serious personal injury. Its leading lawyers are amongst the most experienced in the country.
Congratulations to all of our 2022 WLS Award Winners!
Friday 23rd September brought us the 2022 WLS Awards at Grafton Manor. We would like to say a HUGE thank you to all who attended and for making it a fantastic atmosphere - we really have such a great fun legal community here in the county!
The competition for the awards was stronger than ever this year and we want to extend a massive congratulations to our winners (listed below). If you didn't win the trophy in your category this year, please do enter again as you really were all worthy winners!!
WLS AWARD WINNERS 2022
• Administrator of the Year 2022: WINNER Zoe Atkinson, Harrison Clark Rickerbys
• Trainee Solicitor of the Year 2022:
WINNER: Zahida Shah, Silverback Law
• Paralegal of the Year 2022: WINNER Molly Batten , mfg Solicitors
• Junior Solicitor of the Year 2022:
WINNER Marina Akram , Silverback Law
• Solicitor of the Year 2022: WINNER Sarah Phillips, Quality Solicitors
Parkinson Wright
• Outstanding Contribution in 2022
Award: WINNER Deborah Brumwell, Harrison Clark Rickerbys
• Barrister of the Year 2022: WINNER Jonathan Nosworthy, St Philips Chambers
• Family Law Team of the Year 2022: WINNER Quality Solicitors Parkinson Wright
• President’s Award 2022: Samantha Lloyd, SME Solicitors
• Lifetime Achievement Award 2022: Maynard Burton, mfg Solicitors
Money raised for Midlands Air Ambulance We are delighted to announce that on the night we raised... £1,750
The WLS will be topping that up to match the year that the WLS was founded, so the final total is... £1,841
This is enough for 6 critical care car missions, so potentially 6 lives you have all helped to save.
Thank you for all of your generosity on the night and to all of our local businesses who donated a raffle Prize: St Peters Garden Centre, PerfectFit, The Vale Golf Club, Gaudet Luce, Ravenmeadow, Stourbridge Golf Club, Webbs of WychboldWhat’s the point in a point estimate?
What do percentage figures mean when stating prospects?
More than once, having drafted legal advice and distilled my opinion on prospects of success into a percentage figure, the client has come back to me and questioned how I arrived at it.
The simple answer is (or in my case was) that a percentage figure is desirable since language can be ambiguous. I read with interest the CIA’s online Intelligence Community Directive 203 on Analytic Standards: paragraph 6(2)(a) of that Directive sets out difficulties arising from purely verbal advice, even seeking to align particular phrases with percentage figures. ‘Analytic products’ have particular wording mandated: “unlikely” must be used for a level of confidence in the 20-45% range, and so on. The Directive is at pains to discourage careless use of language. A percentage figure does the same job as a verbal expression of belief, but with less room for misunderstanding than words cause.
Of course, the fact that a number is apparently unambiguous should not be taken to imply that the underlying opinion enjoys any privileged status akin to mathematical certainty. Rather, a percentage is an alternative or a complementary way of expressing strength of belief. The number still simply expresses a subjective probability. That, at least, is what I replied when a client asked me to disclose my calculations for arriving at a percentage figure. In general terms, I was correct. But in hindsight I realised this answer was also inadequate to the question posed.
Beyond reasonable prospects
In my own experience, the niceties of
probabilistic thinking and statistical analysis did not get covered in Bar School. In the real world, a common legal convention is that the client (and always an insurer client making a funding decision) needs to know if a legal case enjoys ‘reasonable prospects’, which – in percentage terms – is interpreted as being 51% or above. In other words: is it a green light or a red light from Counsel? The latter ‘red light’ scenario provides a high-value off-ramp for the insurer.
The highly simplified form of question makes the task of the advisor more straightforward – there is no need to go into subtle reasoning about why one alights on a particular percentage figure, beyond rehearsing what law is engaged, and stating whether the case is more likely to win or lose. Does the client engage forwards gear or reverse?
Maybe that approach to legal advice works sufficiently well in the aggregate, for the insurer’s purposes. But clients investing their own money and reputation should rightly demand much more detail: ideally the opinion of any subject matter expert should be more informative than tossing a coin (see, for example, Gardner, D. and Tetlock, P.E.’s Super forecasting: The Art and Science of Prediction Random House, 2015 where special emphasis is placed on the value-added of precision in any percentage figure when making a forecast).
If legal advice is that prospects hover around 50%, the advisor benefits from being right or nearly right irrespective of the outcome, and the client is left frustrated. What value, in fact, did expensive legal advice add? As the CIA director James Clapper notes in his Directive, “Analytic products should indicate and explain the basis for uncertainties associated with major analytic judgments […] analytic products should express judgments that would be useful to customers, and should not avoid difficult judgments in order to minimize the risk of being wrong […] Analytic judgments should express judgments as clearly and precisely as possible, reducing ambiguity by addressing the likelihood, timing, and nature of the outcome or
development”
If proper legal analysis makes greater precision possible, it seems to me that the advisor should be brave and say so, even at the risk of being very wrong (should the gods see things differently from the specialist).
Naturally, prospects of success might well hover around 50% in any specific case; however, it is to our detriment if, in crafting professional advice, experts hedge their bets for fear of blowback should they get it wrong. So as experts, what can we do if we want to offer more nuanced advice whilst at the same time not overstating our certainty and exposing ourselves to risk?
Beyond point estimates
Expressing prospects as a single number has the advantage of simplicity, but it is also uninformative. A single ‘point estimate’ can be represented as a dot on a 0-100 number line. That scale tells us about strength of belief in the answer to a specific legal question. Unfortunately, the point estimate tells us nothing about the assessor’s confidence in that particular number.
For example, it is obvious that there is a world of difference between 60% prospects in a range of 55-65%, on the one hand, and 60% prospects with a range of 35-85%, on the other. The latter, wider range indicates much more uncertainty about the 60%. In that sense, situating a point estimate inside a range of values is more informative – it adds a valuable dimension to the advice. I appreciate some advisors routinely do this; it helps.
Visual legal advice
We can go a lot further than simply providing a range of values. Risk professionals insist on the value of probability distributions to quantify uncertainty. This is because reference to a range of values still fails to tell us enough about how much expert belief is distributed around values that lie outside of the quoted range. And a simple range is also still silent as to the confidence around
a particular point within that range (the distribution of belief within the range). A probability distribution is best communicated graphically, even if any graphical representation of belief risks misrepresenting subjective probability as something more concrete. The fact remains there is no more convenient way of showing the distribution of belief than with a graph of the probability density function of a continuous variable, the ‘pdf’, which makes visible the extent to which expert belief lies within a particular interval of values and exposes the quantum of risk.
Conditional probabilities
If we are serious about the clear communication of legal advice, this approach also calls for more thought about how we reason about prospects of success in circumstances where the parameter of interest (in this case that percentage prospects figure) is usually conditioned on events which – in turn –impact the expert’s final assessment.
It is often the case, for example, that legal advice needs to be updated to take account of new evidence or otherwise by the admission of some material fact that causally impacts prospects. Whilst developments in disclosure as a case progresses create a clearer picture, I do not think it desirable for prospects advice to be updated arbitrarily to signal the growth or diminution in levels of confidence in a given outcome. A better alternative exists: “Bayesian updating” is a statistical approach for arriving at an opinion showing the extent to which beliefs change to take account of the new data.
Bayesian updating and DAGs
Thanks to the development of ubiquitous, inexpensive computational tools, we can easily model the dynamics of any legal issue by designing a causal graph (also known as Bayesian Belief Network/BBNs or more properly Directed Acyclic Graphs – ‘DAG’s). A DAG is particularly apposite for modelling the types of problem lawyers grapple with; this is because legal reasoning consciously lends itself to the stepwise resolution of any given problem.
Using causal graphs, probabilities are derived by following a sequence of single-issue assessments of intermediary questions. This chain of reasoning is the intellectual procedure followed both in well-crafted legal opinions and by judges in their reasoned judgments. The key take-away is this: the process can be anticipated, and transparently modelled to evaluate the most likely outcome.
Bayesian approaches have gained widespread recognition for their role in Alan Turing’s deciphering of the Enigma Code, the US Navy’s use of it to find a missing H-bomb, and their usefulness in assessing the chances of a nuclear accident (see Sharon Betsch McGrayne’s
The Theory that Would Not Die (New Haven and London: Yale University Press, 2011). But they are also readily available tools to tackle smaller-scale problems involving uncertainty.
Legal advice, the intelligence services, and sparse data
There are indications the intelligence community, as well as other sectors such as medical research, increasingly use causal graphs to support their decisions (see, for example, Fenton, N.E., Constantinou, A., & Neil, M. (2017). "Combining judgments with messy data to build Bayesian Network models for improved intelligence analysis and decision support". In Subjective Probability, Utility and Decision-Making Conference (SPUDM 17). Haifa, Israel; as well as McNaught, K., and Sutovsky P., “Representing Variable Source Credibility in Intelligence Analysis with Bayesian Networks”, 5th Australian Security and Intelligence Conference, Perth, 3rd-5th December 2012).
I understand this is because the intelligence services need to deal with sparse, ‘expert’ data to make decisions and recommendations. For obvious reason intelligence data is often sparse and high cost: it is based on individual expert informants and is risky to obtain. In the legal context, information is sparse for different reasons – both because disclosure is late and partial, and because
expert opinion comes at high cost, given the market dictates a high price for legal expertise.
Probabilistic inputs, and the posterior distribution
Wherever data is sparse rather than ‘big’, and where the inputs include expert opinion, Bayesian techniques have unique value in providing a means to draw useful inferences. A Bayesian model can also be updated to reflect changes in the material circumstances of the case (whether new evidence or a significant concession by the other side). Bayesian analysis can accept probability distributions as its inputs, and in turn produces as an output a further probability distribution – the “posterior distribution”, rather than a point estimate.
Beyond ‘black box’ forecasting
In practical terms, this means that –approached as a Bayesian estimation problem – a legal advisor can produce advice that quantifies uncertainty for the client, identifies the significant inputs into that estimation, and in doing so provides an audit trail indicating how a given opinion was arrived at.
Better (more precise) estimates also add value for the client and the justice system because, of course, fractional prospects of success are the multiplier required to assess a case’s expected value. If we can think clearly about how we approach this element of evaluation it will assist in promoting settlement at efficient levels and avoiding unnecessary litigation.
I have found value in incorporating probabilistic programming methods into my practice and would recommend anyone interested to consider using such techniques; combined with traditional approaches to legal analysis, they offer a way to present robust and transparent advice to sophisticated clients in cases of any level of complexity.
Alexander MacMillan (St Philips Chambers)WJLD Committee Update
Meet Georgie – our new Chair. Georgie has been on the committee since she started working for Harrison Clark Rickerbys as a Paralegal in 2018.
Georgie did her undergraduate degree in Philosophy before completing the GDL and the LPC and started her training contract with Harrison Clark Rickerbys in March 2020. Georgie is now a qualified Solicitor in the Commercial Litigation team at Harrison Clark Rickerbys.
Georgie enjoys yoga, cooking and spending time with friends and family in her spare time and is also partial to a gin and tonic or two!
Olivia Jubb - Vice Chair
Olivia Jubb is currently the vice-chair of the WJLD and joined the committee as joint-secretary in 2021. Olivia is currently a trainee solicitor at Harrison Clark Rickerbys, undertaking her second seat in the Wills, Trusts and Estates team.
Olivia did her undergraduate degree in Law at the University of Leeds, before undertaking her LPC with a masters in legal practice at the University of Law.
In her spare time, Olivia enjoys baking, drawing and going out for food with friends!
Zoe Webster
- National
Zoe achieved a First-Class in her undergraduate degree in Law and received a distinction in her Legal Practice Course and LLM. Zoe is also in the process of starting her PhD research.
In her spare time, Zoe can be found being with her friends and family or spending time cooking.
Charlette McDermott – Treasurer
Charlette continues as Treasurer this year!
Charlette is currently a Trainee Solicitor at Bradley Haynes Law after recently completing the LPC LLM with the University of Law and is half way through her first seat focusing on Corporate Finance.
Charlette joined Bradley Haynes Law in September 2020, as a Paralegal and has had a range of experience in Corporate, Commercial and Commercial Property. She completed her Law (Hons) degree at the University of Worcester in 2020.
Outside of working and studying, Charlette enjoys playing tennis, socialising with family and friends and going on spontaneous trips.
Marina Akram - Secretary
Marina Akram continues as the Secretary for the committee!
lawyers to help them achieve a fulfilling and sustainable career.
Marina is very proud to have recently won the award for WLS Junior Solicitor of the Year 2022. Outside of work, Marina enjoys hiking, yoga, and meditation. She also enjoys watching most sports and is an avid Tottenham Hotspur fan!
Lucy Harrold – Social Media Secretary
Lucy is the joint Social Media Secretary for the committee.
Lucy is a Trainee Solicitor at MFG Solicitors LLP and is currently completing her third seat at the Bromsgrove office within the Property Litigation team.
Lucy obtained her undergraduate degree in Law at the University of Birmingham in 2017, before completing her LPC with a masters in legal practice at the University of Law in 2021.
Outside of work, Lucy enjoys socialising with family and friends and watching football!
Lucy George – Social Media Secretary
Lucy is the is the joint Social Media Secretary for the committee.
Representative Zoe Webster is the committee’s National Representative whilst undertaking her training contract at Hallmark Hulme Solicitors.
Marina is a Commercial Litigation Solicitor at Silverback Law. She crossqualified as a solicitor in 2020 having qualified as a Legal Executive in 2019.
Marina is a keen volunteer and takes part in charity sport challenges. She is currently a volunteer at Muslim Council of Britain. She has previously volunteered at Medway Hospital Radio, Toynbee Hall (London) and Mosaic Enterprise Challenge Mentor. She is passionate about providing support and guidance to junior
Lucy is a Trainee Solicitor at mfg Solicitors LLP and is currently completing
her third seat with the Family team in the Kidderminster office. In 2018 Lucy obtained her BA (Hons) degree in English and American Studies at Loughborough University before completing the Graduate Diploma in Law and Legal Practice Course and LLM at The University of Law in Birmingham.
Outside of work Lucy enjoys keeping fit and socialising with friends.
Danielle Hanley-Hall – Social Secretary Danielle joins the committee as Social
Georgie Hunt - ChairSecretary and is currently a Paralegal/Solicitor Apprentice at QualitySolicitors
Parkinson Wright. Danielle is currently undertaking the L7 Solicitor apprenticeship with the University of Law as part of the programme, Danielle is currently studying her LLB part-time and will then go on to prepare for her SQE whilst completing her master’s in law. Danielle started at QualitySolicitors Parkinson Wright as an administrative apprentice and then was offered the opportunity to complete her Solicitor Apprenticeship as alternative route to qualifying.
Danielle works within the Family Law department currently gaining experience within public law children, private children and domestic violence.
In her free time Danielle can usually be found watching true crime documentaries and drinking coffee.
Lucy Tranter – Social Secretary
Lucy joins the committee as Social Secretary and is currently a Paralegal at Bradley Haynes Law.
Lucy studied
law at the University of Worcester and is going on to study the combined SQE and Masters at the University of Law. She currently works as a Paralegal before commencing her Qualifying
Work Experience and is currently working within the Residential Property team. In her free time Lucy can usually be found socialising with friends or in the gym.
Rhiannon Phelps – Social Secretary Rhiannon continues on the Committee as joint Social Secretary and is currently a Trainee Solicitor at Hallmark Whatley Hulme.
Rhiannon studied law at the University of Worcester before going on to complete the combined LPC and Masters with distinction at the University of Law. She worked as an administrative assistant before commencing her training contract and is due to qualify in December 2022.
In her free time Rhiannon can usually be found socialising with friends or reading a good book.
https://www.worcestershirelawsociety. com/wjld-committee-members-2022/
Menopause and the workplace
desk closer to the window, assessing the adequacy of toilet and bathroom facilities and providing a private rest area
Equality Act 2010
The menopause is not a specific protected characteristic under the Equality Act 2010. However, if an employee or worker is put at a disadvantage and treated less favorably because of their menopausal symptoms, this could amount to discrimination if related to one of the protected characteristics under the Equality Act 2010 such as age, disability, gender reassignment or sex.
A number of women have successfully claimed age discrimination in the Employment Tribunal on the grounds that they were treated less favorably at work because they were going through the menopause and menopause is related to age.
Options for employers to consider to support menopausal women at work are:-
• flexible working arrangements, e.g. temporary or permanent reduction in hours, home working or hybrid working;
• offering a period of unpaid leave or additional holiday;
• additional rest breaks during the working day;
• flexibility around an employee’s start and finish times.
Employers who implement a menopause policy will communicate to staff that they understand and can offer support to women at this most challenging time in their lives. Retaining the skills, experience and expertise of this group of women should be a priority for all employers.
Claire Cole (Employment Partner
and Rhiannon Phelps (Trainee) look at some of the issues employers need to think about when supporting menopausal women at work.
There are currently in excess of 3.5 million women over the age of 50 in the UK workforce and this number is set to rise. Menopausal symptoms are wide ranging and can include irregular sleep patterns, hot flushes, mood swings, headaches, joint pain and anxiety/mood swings. These symptoms can have a profound and debilitating effect on a woman’s physical and mental health and may lead to more absences from work, deterioration in performance and lowering of selfconfidence.
It is vital that employers have steps, procedures and support in place to help female staff affected by the menopause and that employers understand how the menopause relates to the law
Health and Safety at Work Act 1974
Employers must ensure the health and safety of their employees and workplaces must not adversely impact women experiencing menopausal symptoms. Practical measures for employers to consider could be looking at adjusting temperatures at workstations, providing fans and cold drinking water, moving a
The contents of this article are for purposes of general awareness only. They do not purport to constitute legal or professional advice. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
at Hallmark Whatley Hulme)Public appetite grows for leaving gifts in wills to charity
And those gifts really can be transformational for UK charities. Today, that income is more critical than ever.”
The consortium works all year round to normalise charitable Willwriting across the UK by raising awareness of legacy giving among legal professionals and the public.Through its free campaign Supporter scheme for solicitors and Will-writers, it offers promotional resources and useful guidance for referencing gifts in Wills with clients.
To find out more or join the existing network of campaign supporters, see:https://www.rememberacharity.org.uk/advisers 1 Smee & Ford 2 TheSavantaWill-writing survey, commissioned by Remember A Charity 3 Smee & Ford 4 Smee & Ford
A record number of people in England and Wales are supporting charities with gifts in Wills. 10,6701 different charities received a gift from a Will last year and 37,242 charitable estates were identified – a 10.7% increase on the previous year. This reflects the growing appetite for legacy giving and the key role the legal sector plays in providing impartial information for clients about how to go about it, while ensuring that people’s wishes for family and friends are met.
This news comes at the start of Remember A Charity Week (5th –11th September 2022), the nation’s annual public awareness campaign for charitable gifts in Wills. It echoes recent research showing that more than 1 in 5 Wills handled by UK legal advisers (22%)2 now include a donation to charity.
The public supports a wide spectrum of charitable causes, from researching treatment for cancer and dementia to supporting vulnerable children and adults, taking care of pets and animals, mental health support, rescue services and many others. Over a third (37%)3 of charitable Wills named just one charity, but more than one fifth (21.7%)4 contained two.
When it comes to location, the areas with the highest concentrations of charitable Wills in 2021 include Brighton, Birmingham, Portsmouth, Bournemouth and Exeter. Areas that have seen the most annual gains in charitable estates are Brighton, Kingston-upon Thames and Ipswich.
Gifts in Wills are a critical source of funding for charitable services across the country, raising more than £3 billion for good causes annually. Generous tax reliefs make gifts in Wills one of the most efficient ways of donating. In the UK, charitable bequests are exempt from the 40% Inheritance Tax and, when clients donate 10% or more of the value of their estate, the IHT rate is reduced to 36%.
Lucinda Frostick, Director of Remember A Charity – a consortium of 200 charities, says: “Legal advisers play a crucial role in helping the public understand all the options open to them when they write a Will. Our research shows that even the simplest of references to the option of leaving a gift in a Will to charity can double the chances that a client will choose to do so.
Data Insights Report: Planning Applications
100,000 people was at its highest in 2021, since 2012.
As well as pinpointing the regions with the highest and lowest application volumes, the report draws on data that reveals:
• Planning application types
• Granted/refusal rates
• Approval rates for renewable energy projects
• Approval rates in flood zones
• Essential amenities per approved planning application
collectively, ease of access to electric charging points as a given would make a huge difference in easing the transition from fossil fuel based to electric transport options.”
Piers Edgell , Landmark’s Client Director (Landmark Geodata) closes with a powerful argument for how planning data and the levelling up agenda are inextricably linked:
The last few tumultuous years for the UK housing market have highlighted one stark truth: housing supply is not meeting demand. Indeed, housing is one of the core pillars of the government’s levelling up agenda, underscoring the need to radically rethink the way new housing is planned and developed. Central to meeting this need will be the planning process itself.
It is the view of many that the current UK planning process is flawed, often cumbersome and a source of frustration for stakeholders across the entire spectrum, from developers to communities. Digitisation will undoubtedly play its part in transforming this process; the wealth of technologies now available (such as interactive geospatial technology, virtual simulations, and, of course, data) to inform and shape planning offer real opportunities for change. With this in mind, the halfway point of 2022 felt like a good time to step back and take a look at the data on planning applications over the past ten years.
In our newly released Data Insights Report: Planning Applications, we revisited the wealth of environmental, land and property data that we gather, manage and supply to the property industry on a daily basis, and analysed relevant datasets to provide a summary of planning trends between 2012 and 2021. Overall, we saw that, year on year, the rate of planning applications in the UK is increasing. In fact, in every region - except for London - the number of planning applications submitted per
The report also features expert commentary from Landmark’s Chris Loaring, Managing Director (Landmark Legal), who shares his observations on planning trends beyond ‘the Covid effect’ and highlights the growing implications of the journey to net zero in future planning policy.
“We know that the built environment has a huge role to play in the wider net zero ambition and that new-build development is a major factor within that. Equally, we will watch with interest to see how the data evolves in regard to planning applications relating to existing housing stock and the retrofit options and upgrades many homeowners are now choosing to undertake.
In the near future, I would hope to see a continuation - or even acceleration - of environmental considerations in new build planning policies. Concepts such as renewable energy installations on housing developments of a certain size, for example, would be great to see. Meanwhile, new build developments could well pave the way for widespread progress in new policies for establishing electric car charging ports. This might seem, on the face of it, a small point but
“We have seen much debate and anticipation around the original Planning Bill, and now the Levelling Up and Regeneration Bill which supersedes it. In terms of the new proposed bill, it will be interesting to see how its content evolves during its passage through parliament, and precisely which elements are ultimately given final Royal Assent.
What is notable to me, when we consider the planning data in this report through the levelling up lens, is that planning is about so much more than simply where developments will or will not be built. Every planning decision impacts the immediate environment, and so planning data could and should become a critical tool for informing and shaping social policies that aim to improve – or level up – communities. What, for example, could the kinds of planning data shown in this report tell us, when mapped against data on increasing property values or household incomes? What could the data we have summarised on amenities within the vicinity of planning applications tell us about locationspecific standards of living and local needs? From a big picture point of view, we might even wonder how this kind of data might correlate with health and wellbeing indices, mortality, employment and income figures. My hunch is that it would underscore that planning has the potential to alter communities and change life-chances, more broadly than its immediate impact on the built environment.”
You can access this insightful, timely and data-rich report at:
https://go.landmark.co.uk/planningapplications-insight-report
Experts - a miscellany
If you have read my previous articles in this publication, much of what follows will be familiar. But please read on, because I have tried to set out briefly, and after many years of bitter experience as an expert, some helpful comments and guidance for experts and those – you – who instruct them.
1. Don’t let your expert become too friendly
An expert must at all times be very aware of CPR 35.3(2) (other rules are available for criminal and family lawyers) that the expert has a duty to the court, overriding any duty to those instructing them or who are paying them. Be aware of Vernon -v- Bosley (No 1) [1996] where Thorpe LJ talked of plaintiff and defendant walking down either side of the road, but the expert must be “…ever mindful of the need to walk straight down the middle of the road and to resist the temptation to join the party from whom his instructions come on the pavement.”
A more recent lesson comes from Mostyn J (with whom I worked when he was at the bar – it was fun) in Gallagher -v- Gallagher (No 2) (Financial Remedies) 2022 EWFC 53 where the judge took the view that the expert Singleton lacked the impartiality required of an expert witness. He acted in a “strategic defensive manner” that had “all the hallmarks of the mentality of an advocate.” His behaviour was “highly suggestive of de facto membership of the husband’s team.”
Such behaviour cannot have helped the team which Singleton thought he was playing for. Experts can be polite and helpful, but don’t expect them to be bestie friends.
2. Experts attending mediations
I can comment on this as both expert and as mediator.
If an expert does attend a mediation, they must walk a very fine line. The atmosphere in a mediation is very different from the courtroom. At mediation, everyone is friendly (usually) on first name terms (usually) and willing to reach compromises (occasionally!). What part should an expert play in this? In my view, no part at all. If there were complex matters within the experts’ expertise, they should have hammered those out beforehand and produced a joint statement, however informal.
Where I see a pair of experts at my mediations, I ask them to hold a joint meeting in a side room – they should have done this beforehand – and keep them out of the way. Mediation is “big picture” and broad brush; detailed figurework just wastes time and should have been done beforehand.
And if the expert does participate in the discussions, it is difficult for him/her to appear impartial, to demonstrate from the witness box that overriding duty to the court, if the mediation should fail and formal litigation ensue.
Anything said and heard at mediation is confidential, of course, but it is particularly unhelpful if an expert were to say one thing at mediation and something quite different at trial. It is safer to keep your experts away; perhaps available for telephone help, but not participating in the discussions.
3. Meetings of experts
As with most stages of litigation where experts are involved, there is no substitute for engaging an expert who, as well as being outstanding in their profession, has taken the trouble to learn how to be a member of the second profession - of expert. The Academy of Experts and the Expert Witness Institute teach this second
by Chris Makinprofession very well.
This is particularly important with meetings of experts. Instructing solicitors and even judges can have a hand in preparing the agenda for such a meeting, but in my experience after many hundreds of these meetings, they never do. And why should they? The opposing experts have produced their reports, the differences are obvious, and there’s your agenda.
And never, ever, interfere in the drafting of the joint statement. This must be the work of the experts; it becomes part of their evidence in chief.
There is a strident example of how this can go wrong in Patricia Andrews & Ors -v- Kronospan Ltd [2022] EWHC 479 which I discuss at length in my blog at https://chrismakin.co.uk/expert-meetingleave-well-alone/. It’s a good read, but in essence one expert worked closely with instructing solicitor for two years beyond the date for filing of the joint statement, charged £225,000 (far more than I have ever charged!) and had their evidence excluded. The client would have been left without expert, except that the trial date had not been fixed and the judge found that a new expert could start again, and the waste of time could be reflected in costs. What a waste!
4. Privilege
Finally to privilege. Be very careful what you disclose regarding instruction of experts.
In Pickett -v- Balkind [2022] EWHC 2226 (TTC) a letter from an expert was presented to the court by the claimant’s lawyers to support an adjournment of the trial because of the expert’s ill health. Unhelpfully, the first four paragraphs of that letter raised questions regarding that expert’s independence. The claimant’s lawyers asked for those four paragraphs to be regarded as privileged. The judge refused the application, and ordered that the expert should be cross-examined at trial. That would not have been comfortable for him, and would probably have not helped the claimant.
5. Moral
Litigation is complicated enough for lawyers, but when choosing your experts, recognise that their job is complicated, too, so don’t choose an enthusiastic amateur. And better yet (as the Americans would say) choose the expert yourself with care; don’t leave it to the office junior (it happens!)
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
Family relationship DNA testing as we emerge from a period of darkness…
After a few years of unprecedented change, we are hopefully on the path to repairing society and a semblance of normality. So, rather than our usual in depth article on a “DNA testing” subject we thought it would be a good idea to discuss some of the causes and changes relevant to the professional services sector.
We must first offer some context by discussing firstly the effect of Covid-19 and then secondly, the war in Ukraine. The stresses caused by these events have caused heightened anxiety in the population and of course, significant changes in behaviour which are exacerbated by the use of social media channels. Tolerance and respect have taken a back seat as people seek Maslow’s “Safety and Security” and as a means of self protection, can react irrationally and poorly. Whilst there are still strong memories of the pandemic we have learnt to deal with its consequences and are growing from it. The real impediment to regaining normality is now the situation in Ukraine.
To put this into context, there have been 15 pandemics since the Black Death (13311353) and which recorded at least 100,000 deaths. The Black Death for example, wiped out over 30% of the population. The death toll due to Covid-19 in the UK has been smaller than some other pandemics, due to better public health measures and more rapid communications. The government must take some credit for their prompt action in the early days of the pandemic, when we simply did not know what kind of virus we were dealing with. Lockdown caused a precipitous drop in demand across all sectors and of course then necessitated a substantial government intervention.
In economic terms and from historical data, the effect of pandemics (in general) is to modestly reduce the natural rate of inflation, with actual recovery thereafter taking decades rather than a few years. In the UK the loss of life has been predominantly in the older population although we await to see the unknown effects of long covid on the
wider population. Pandemic “survivors” may well be seeking to consolidate their personal security for example by risk aversion, retention of wealth, more modest investments and frugal behaviour.
If we can now please be excused a comment on inflation, then pandemics are in general associated with a reduction in inflation, a more restricted labour force and this in turn leads to an increase in real wages. So having weathered the three or so waves of viral infection, we might have expected to come out of it into a low inflation, cautious environment. A war is a significantly different event, unlike a pandemic, it is both the destruction of life and of capital (crops, land, building, machinery, factories) and is inherently a cause of inflationary increases. Whilst Ukraine bears the brunt of the economic damage, the inflationary effect in a global economy, reaches rapidly to other nations. It is now the Ukraine war, rather than the aftermath of the Covid-19 pandemic, that is having the most significant effect upon our well-being. It is driving inflation and it is the source of national insecurity as people again seek safety and security.
As a company we played a significant role in outbreak testing for Covid-19 and during this rather intense time, as the government focussed on mitigation and containment, the demand for professional commissioned human identity DNA testing reduced significantly. Social services and solicitors were struggling to keep case work going and home working, in terms of client contact, was simply not the answer. However, the latent demand for DNA testing has now released and significant cost pressures are with us all (e.g. cost of living wage increases, rent, utilities). Pressures on the legal aid system still exist and need attention if we are to mitigate this high inflation environment, hold down our costs and still (as a sector) provide great service to families.
There is a specific sector in family services that has been badly affected, by the war in Ukraine. Until Russia invaded, Ukraine was the centre of the surrogacy industry (estimated 25% market share) and of the countries that allow surrogacy, is the most permissive (with clear legal rules) and reasonably priced. It is estimated that before the war, around 2500 babies were born to Ukrainian surrogates per annum. Many surrogates and intended parents
were trapped by the war and of course, the immediate reaction was for the Ukrainian surrogate to leave the country. Some made it, others have remained but have been moved to cities further West in Ukraine. Undoubtedly, the surrogacy clinics are struggling to function in this environment and this is compounded by desires to help the surrogate into a neighbouring country. This course of action may invalidate a surrogacy contract made under Ukrainian law where surrogates do not have parental rights over the children that they carry. Altruistic surrogacy is allowed in the UK, but the birth mother is recorded as the legal parent at birth, until a parental order is made in order to change the parentage – a DNA test is required for this and around 400 of such orders are made each year. Other countries are less permissive regarding altruistic surrogacy and it may even be banned completely. We of course continue to advise our UK clients with DNA testing in this difficult situation.
Global inflationary pressures need to be brought under control and all economies will take a while to adjust. With sensible fiscal policy, predictions of an eventual lower inflationary environment next year seem robust. Post pandemic we see UK society evolving with a renewed evaluation of human connection, family and gainful employment, there is indeed a great deal to be positive about.
About the author: Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).
EWI Board publish Equality, Diversity and Inclusion Statement
Today, the EWI Board have published their first Equality, Diversity and Inclusion Statement.
The statement demonstrates their commitment to diversity and outlines the actions they will take.
EWI Chief Executive, Simon BerneyEdwards, said "I am pleased that the Board have adopted the statement as this adds further weight to our recent signing of the Equal Representation for Expert Witnesses pledge. The team and I are looking forward to working with the Board to deliver our commitments to the diversification of the workforce."
Equality, Diversity and Inclusion Statement
Our mission is to support the proper administration of justice and the early
resolution of disputes for everybody through high-quality expert evidence from specialists. That means having a diverse expert witness workforce that fully represents those involved in disputes. We believe that the justice system will be best served by using a diverse and inclusive pool of appropriately trained expert witnesses.
Our commitments:
• Lead by example
• We are committed to creating and developing a diverse and inclusive workforce and culture and will continue to review all policies and processes to maintain our status as an equal opportunities employer.
• We will strive to make our Board and Committees become more inclusive.
• Wherever possible, we will aim for a diverse set of speakers at our events.
• We will continue to develop our training and events programme to be accessible to all.
• Understand the workforce
• We will establish our current (and where possible historical) baseline member statistics for gender identity, ethnic origin, and disability and measure these.
• Promote diversity in the workforce
• We will encourage those who employ or contract expert witnesses to be more inclusive.
• We will encourage people from diverse backgrounds to become Expert Witnesses.
• Work with partners
• We will work with partners such as Equal Representation for Expert witnesses to encourage diversification of the workforce
An Introduction to Finders International
Finders International is a professional probate genealogy company, established in 1997 by Managing Director Danny Curran and is now one of the world’s largest firms in our field. We are best known for tracing missing heirs and identifying lawful and entitled next of kin, having worked extensively with lawyers, probate practitioners, banks, deputyship teams, trust companies and state trustees.
Finders have offices in London, Edinburgh, Dublin and Sydney and over 150 personnel, enabling us to complete searches quickly across multiple jurisdictions. When complex estates need to be dealt with, we have a proven track record of tracing beneficiaries globally.
We support the legal profession and know our research forms part of a serious legal process that reflects on your firm. Therefore, we will work efficiently and in the best interests of your company, the personal representatives, and beneficiaries at all times.
We do more than Trace Heirs
We are aware of the need to support the services of sole practitioners when dealing with Estate administration matters. In addition to tracing missing heirs or Executors, we can assist with a range of legal support services; searching for missing Estate assets, obtaining missing documents, carrying out overseas bankruptcy searches, and conducting thorough insurance-backed Missing Will Searches, as well as a range of probate property solutions, and offering insurances to enable safe distribution of funds.
Estates with an International element
We are here to provide consultative and practical support to practitioners and estate administrators with the liquidation, disposal and return of a variety of assets located overseas.
We have a range of International Asset Services to assist with complex multijurisdictional estate matters, offering Medallion Signature Guarantees, the sale and transfer of overseas stock, closure of overseas bank accounts and obtaining overseas Grants of Probate. These specialist
services are designed to assist sole practitioners with overseas estate elements they may not encounter on a regular basis.
UK Estates are much more likely to contain at least one overseas asset these days. From a bank account opened in Australia for work, to a holiday home purchased while on holiday in Spain, to tax planning investment accounts opened in the USA and offshore in places like the Isle of Man and Jersey, to accounts in Ireland or beyond, to shares that, due to corporate action, have ended up listed in all sorts of places worldwide – it’s quite possible that an estate may feature one or more of these scenarios. What unites them is that they’re often surprisingly time-consuming and challenging to deal with – whether that involves closing an account, liquidating a portfolio or selling an individual shareholding. Numerous legal and bureaucratic obstacles spring up which must be navigated before the value can be restored to the estate in the UK. The sheer variety of scenarios is something that an estate practitioner may not have encountered often, or at all. Another scenario is that you may be pressed for time and anxious to progress multiple aspects of the estate administration at once. That is where Finders’ International Asset Service comes in.
We apply a practical, problem-solving approach to a range of asset services, helping to sell, transfer or recover a range of overseas assets including shares, bank accounts, and investment portfolios, assisting estates with the necessary administrative and legal paperwork. With a combination of specialist knowledge, contacts, and experience, Finders will get the job done.
Our Credentials – A tried and trusted firm
Reputation is critical in the probate world, and we will safeguard yours as closely as our own.
We are founder members of the International Association of Professional Probate Researchers www.iappr.org, which provides regulation, a Code of Conduct and a complaints procedure for a network of elite international companies. The IAPPR
is one of many respected and recognised organisations we have chosen to belong to, or qualified as members of, to complete an impressive list of accreditations. In an unregulated industry, Finders International is a name to trust.
For 4 years running, we have been awarded ‘Best UK Probate Research Firm’ at the UK Probate Research Awards and won the same award at the 2020 British Wills and Probate Awards.
Our Managing Director, Danny Curran , is known as the industry spokesman with over 100 media contributions. From Forbes Magazine, The Times, and all the UK nationals, to appearances on ITV’s This Morning and numerous Radio interviews, positively promoting the probate research profession.
We also complete hundreds of pro-bono cases every year, helping with stories of reunions of family separated by war or forced adoption and reuniting people with family heirlooms such as their ancestors lost war medals or long-lost books.
For free advice or a no obligation quote, contact us today:
+44 (0)20 7490 4935 quotes@findersinternational.co.uk www.findersinternational.co.uk