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Carver
Amanda Timcke
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Tony Kay Media No. 1111 Published September 2024 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.
The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex Law Society.
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Officers of the Society
President
Louise Goodenough
Haywards Solicitors
Stowmarket
Tel: 01449 613631
Fax: 01449 613851
Email: louise.goodenough@haywards-solicitors.co.uk
Vice President
Benjamin Carver
John Fowlers
Colchester
Tel: 01206 576151
Email: bencarver@johnfowlers.co.uk
Honorary Secretary
Ivana Radovic
Birketts
Ipswich
Tel: 01473 921 716
Email: ivana-radovic@birketts.co.uk
Honorary Treasurer
Louise Cardwell
Ashtons Legal
Tel: 01473 261320
Email: louise.cardwell@ashtonslegal.co.uk
Honorary Council Members
Donna Taylor, Council Member for Suffolk Nexa Law Limited
London
Tel: 020 7504 7071 – Extension 2127
Mob: 07859 896 640
Email: donna.taylor@nexa.law
Tony Fisher, Council Member for Essex
Fisher Jones Greenwood
Colchester
Tel. 01206 835231
Mob. 07904 086254
Email: tfisher@fjg.co.uk
PRO/PLO
Louise Goodenough
Haywards Solicitors
Stowmarket
Tel: 01449 613631
Fax: 01449 613851
Email: louise.goodenough@haywards-solicitors.co.uk
Education & Training Officer
Amanda Timcke
Birketts
Ipswich
Tel: 01473 406215
Email: amanda-timcke@birketts.co.uk
A Message From Our President
Dear All!
I hope you have had a lovely summer with lots of rest and recuperation ready for the count to Christmas (sorry I know it’s early!)
Since my last report there has been lots going on, the consultations around the TA6 form, TLS’s plans & events for its Bicentenary programme (please note the TLS are planning on visiting Ipswich on Friday 14th February 2025 so please save the date in your diaries), and of course organising the Annual President’s dinner.
I have also had the privilege of sitting in meetings with the Suffolk Law Centre and have gained such an understanding of the splendid work they do and the help and support they desperately need from us Legal Advisers. Pro bono week is taking place across the UK from 4 to 8 November so I am sending a plea for us all to get involved as much or as little as you can.
The Essex Annual Lecture was another immense success this year and I was honored to give awards to students selected by the University of Essex for their academic achievements. We also heard from Professor Francoise Hampson on “Doing Human Rights In a Time of Turbulence” which was extremely interesting and thought provoking. Please see below some photos of the event. It was also lovely to meet some of the Law School team and students after the lecture.
More exciting news is that the President’s Annual Dinner has now been arranged and will take place at the Stoke-By-Nayland Hotel on Friday 25th October 2024 at 7pm. We have an amazing saxophone player booked for the evening so get your dancing shoes on! If you haven’t already booked, please email snelsadmin@bettsbrown.com for tickets or if you would like to sponsor. As always there will be a raffle on the night and all proceeds will be going to the Bury St Edmunds Women’s Aid Centre. Finally, if anyone is interested in joining SNELS then please reach out to any of our Council members or if you or your firm would like membership then we do offer various levels of membership.
Looking forward to seeing you all at the Annual President’s Dinner and other upcoming events.
Louise Goodenough
President, Suffolk & North Essex Law Society
Suffolk & North Essex Law Society
Suffolk Law CentreThe Autism Education Leavers Passport
For some years now, Suffolk Law Centre’s small, but mighty Discrimination team has been delivering innovative, grant-funded projects to help raise awareness of legal rights amongst marginalised communities, with a particular focus on discrimination experienced by people with disabilities. We are delighted to have been funded by the Baring Foundation in partnership with Law Centres Network, to develop an exciting new project to set up a ‘Hub’ to support neuro-divergent young people to Join, Stay and Flourish in the workplace
We have been talking to local support providers, employers, colleges and universities and neuro-divergent young people to help make this project effective.
On Wednesday the 6th of August 2024, alongside partner charity Disability Advice and Welfare Network (DAWN), we were very proud to launch ‘The Autism Education Leavers Passport’ at a special Autism Race Day held at Chelmsford Racecourse, Essex.
The Passport was developed in response to the Buckland Report led by Sir Robert KC MP, published in 2024, which seeks to identify the many barriers’ people with autism face in the workplace and the changes employers can implement to help aid them. The launch attracted significant press interest; you may have seen Suffolk Law Centre’s Discrimination Caseworker, Julie Baker, being interviewed by BBC Look East: Autism ‘passport’ to help young people into work launches - BBC News
For more information about this project or the work of Suffolk Law Centre’s Discrimination team: discrimination@suffolklawcentre.org.uk
46A St. Matthews Street
Ipswich Suffolk IP1 3EP
Tel: 01473 408111
web: www.suffolklawcentre.org.uk
Email: office@suffolklawcentre.org.uk
(Part of the ISCRE Family of Charities)
A Plea for Help!
At Suffolk Law Centre, we are dependent on grant funding and donations to deliver our free legal advice and casework services. We strive to learn from our work and understand where specialist legal advice might help to meet the greatest need.
We are so grateful to our friends in the local legal community who volunteer a few hours of their time every month to support our pro bono Legal Advice Clinics We are urgently seeking more legal volunteers, particularly in Employment, Family, Housing and Immigration. If you can help, or you’d like to find out more, please contact: Sue Wardell, Operations and Development Director: sue@suffolklawcentre.org.uk
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
THE LAW OF RIGHTS OF LIGHT
Second Edition
By Jonathan Karas KC
With technical appendices by Point 2 Surveyors
ISBN 978 0 85490 344 3
WILDY, SIMMONDS & HILL PUBLISHING
www.wildy.com
The date of publication of the hardback second edition is cited as May 2024.
Most helpful practical advice in rights of light cases for 2024
Jonathan Karas KC has established “The Law of Rights of Light” from Wildy, Simmonds and Hill Publishing, as the leading specialist textbook in the field of rights of light and it is used by practitioners, whether barristers, solicitors, or surveyors for both advice and potential litigation.
The new edition has been fully revised and brought up to date to include recent developments in the law such as section 203 of the Housing and Planning Act 2016, Beaumont Business Centres Ltd v Florala Properties Ltd [2020] and Fearn v The Board of Trustees of the Tate Gallery [2023]. It goes without saying that commentaries on the new case law are invaluable for practitioners in this difficult area.
Karas considers how rights can be established, what constitutes an infringement of those rights and what remedies can be provided for the infringement of those rights. The book is useful for both those who are relatively new to this area of land law, and to more experienced lawyers and to unrepresented parties seeking a remedy.
The author sets out how claims may be defended and how rights can be overridden using the mechanism under section 203 of the Housing and Planning Act 2016. By setting the law in its wider context,
“The Law of Rights of Light” comprehensively shows that, despite the technicalities which arise, “there are no legal problems with which a competent lawyer cannot grapple”. And that sums up the beauty of this publication and many others in the Wildy handbook series.
We were particularly impressed with the advice from the two illustrated technical appendices by Point 2 Surveyors which are, in our view, invaluable, for practitioners when trying to understand the heavier issues in right to light litigation. The first appendix explains how light is measured; and the second appendix sets out how losses are valued. Both appendices also explain the limits of current methodology which we believe will be of great use to the specialist courts who hear these cases.
The new, second edition has been described as “an essential addition to the shelves of lawyers, surveyors and other property professionals”. It is a comment we fully endorse as the book has wide appeal for students and unrepresented parties wishing to gain a better understanding of this serious (and expensive) area of conflict in English Land Law.
Suffolk & North Essex Law Society
Annual Essex Law Lecture: Doing human rights in a time of turbulence
Tuesday 25th June 2024 - Colchester Campus - Guest speaker: Emeritus Professor Françoise Hampson
Organised by: Essex Law School
This event was to offer students an excellent opportunity to network with local solicitors who are invited to attend the reception and lecture.
Hosted by Essex Law School with the support of the local profession through the Suffolk and North Essex Law Society (SNELS). Previous speakers have included senior judges, the Director of Public Prosecutions, HM Chief Inspector of Prisons, directors of NGOs, prominent legal practitioners and Members of Parliament.
Doing human rights in a time of turbulence
For over 20 years, the protection of human rights has encountered an increasingly hostile environment. That is not limited just to human rights but to the underlying principles on which any respect of human rights rests: the rule of law; good governance; accountability and equality. Any action to tackle the challenges to human rights must also address those elements too. This needs to be undertaken by a wide range of actors and not just lawyers.
Francoise Hampson is an Emeritus Professor of Essex Law School and Human Rights Centre, University of Essex. She has taught at the International Institute of Humanitarian Law, San Remo and staff colleges. She was on the Steering Committee and Group of Experts for the ICRC Customary Law Study. She has frequently litigated cases before the European Commission and Court of Human Rights, including a large number of cases against Turkey in the 1990s. For that work she was named Human Rights Lawyer of the Year in 1998, together with her colleague the late Professor Kevin Boyle. More recently, she has submitted third party interventions on the relationship between HRsL and LOAC, with her colleague Professor Noam Lubell, in the cases of Hassan v. UK and Georgia v. Russia (No.2) and, also with Dr. Daragh Murray, in Hanan v. Germany. From 1998-2007, she was a member of the UN Sub-Commission on the Promotion and Protection of Human Rights. From 2016 - 2021, she was a Commissioner on the UN Commission of Inquiry on Burundi.
Time to Focus on Business Development
September is here and with it that back-to-school/ new year feel as lots of people return from their breaks and get back to their desks.
Its head down until the next break at the end of year. (I tried to avoid mention of Christmas in September!!)
Love it or hate it business development (BD) is a key part of being a solicitor. Gone are the days of watching the work roll in, the expectation in any role is that you will be part of the BD endeavours of the team and perhaps lead the charge on some projects, or even be the one setting strategy for the team.
Increasingly it is an area that firms recognise as crucial (and some provide good training) but still far too many look to solicitors to ‘do some BD’ with no real guidance on what to do, or why or how!
So this month a few tips. If you are new to a role, or new to BD, how can you start?
Internal focus:
• Talk to your colleagues –
o Understand what they do,
o Who are their main clients?
o What do those clients ask them for?
• How does that tally with your own work?
o Are there stages during/ after their involvement where you could target those clients?
o Are there additional services that bundle nicely with those already being supplied that you can offer?
o Are there parts of your own work where your colleagues input would be valued by clients to give a broader support?
• Are there joint marketing initiatives that you could conduct with your colleagues to strengthen the reach into the market for both of you?
• Internal processes
o What does the client get when they contact your firm – does the phone get answered, does it ring or go to answer phone?
o Are those handling the initial enquiries trained in what your can do, what you can offer clients, and how to describe that service?
o Are enquiries received on email or through the website given a timely, useful and relevant response?
So far none of this has involved public speaking, going to a lunch or ‘selling’; anyone anything! It’s just making sure that there is some joined up thinking across your team. Step one is to maximise the contacts that you already have.
There is so much to learn on the BD side and it is not something that you can just ‘pick up’ as you go along. It is a skill, and a highly sought after skill!
Invest in yourself to make the most of the time left this year by arming yourself with knowledge that will help you every step of your career.
We have an amazing deal with Scott Simmons, an ex solicitor turned BD expert...
You can book onto his online BD Breakthrough Blueprint™ training programme at a discounted rate here: https://www.clararoseconsultancy.co.uk/ unlocking-success-enhance-your-legalcareer-path/
Usually £495 we can give you a £50 discount. Put this knowledge into action and who knows what this year and the future could hold for you!
Look at our website or drop us a line to take advantage of this great offer. BD is one skill in law that can universally lift your career prospects.
Always happy to talk about your legal career whatever stage you are at. Drop me a line or book a time in my diary to talk.
Written by Clara Rose LL.B LL.M
Clara Rose Consultancy www.clararoseconsultancy.co.uk 020 3286 7884
CON29DW: The Full Picture
Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.
So, what makes the CON29DW so unique?
Reliability: You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water. Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.
Efficiency: Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.
Expert Support: The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.
The CON29DW also comes with robust terms and conditions to support conveyancers and their clients. The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.
Whether you are acting for a residential or commercial property there is a CON29DW to help.
CON29DW Residential
• Answers to all 23 Law Society copyrighted questions on drainage and water.
• Includes two maps to illustrate the position of pipes.
• Includes five pages of homeowner information.
• Easy to navigate with interactive features.
CON29DW Commercial
• Comprises of 27 standard questions aligning with the CON29DW residential report.
• Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities.
• Enhanced T&Cs and Indemnity.
If you’re ready for the full picture, head over to www.geodesys.com to get in touch or call on 0800 085 8050 Their team is here to answer any questions you may have.
Understanding Probate Genealogy: A Private Client Practitioner’s
Secret weapon
Probate genealogy, also known as probate research, is a valuable resource for Private Client law professionals. The primary functions of probate genealogists are locating difficult to find beneficiaries named in wills and establishing and locating the next of kin in intestacy and Court of Protection cases.
The work of probate genealogists complements the efforts of Private Client teams across the globe, providing crucial support in resolving more complex cases.
The Expertise Behind Probate Genealogy
Probate genealogy involves dedicated experts utilising both innovative technology and traditional research methods in the course of their research. The true expertise of a probate genealogist lies in their ability to accurately interpret and apply historical records and data to uncover individuals, assets, and estates. Over time, genealogists develop an intuitive understanding—a ‘gut feeling’—that guides their research as they accumulate knowledge and experience.
Despite our increasingly connected world, locating beneficiaries is often more challenging than it appears. People frequently forget to update their contact information when they move, resulting in their disappearance from electoral rolls and other government databases. In some cases, individuals deliberately make themselves difficult to find, adding another layer of complexity to the genealogist’s task.
The Critical Role of Probate Genealogists in Intestacies
In intestacy cases, where no valid will exists, probate genealogists are particularly invaluable. Determining the rightful heirs can be a daunting task, often requiring extensive research into family trees and the verification of potential beneficiaries.
The meticulous work of probate genealogists can save Probate and Court of Protection professionals considerable time and effort, ensuring that assets are distributed to the correct individuals.
Support for Court of Protection Solicitors
Probate genealogists also provide essential support to Court of Protection solicitors, particularly when making Statutory Will applications. They discreetly verify family trees and identify existing or prospective beneficiaries with empathy and precision. Additionally, genealogy firms offer access to ‘living person’ financial asset searches, a service that is often overlooked but highly valuable.
Anglia Research has extensive experience assisting with Court of Protection cases and takes great pride in supporting the Professional Deputies Forum as a corporate member.
Navigating an unregulated Industry
Despite the growing importance of probate genealogy, many are surprised to learn that the industry remains largely unregulated. There are no universal entry requirements or regulatory bodies overseeing the sector. As a result, reputation and professionalism are paramount. Whilst most firms employ qualified staff, not all do, making it essential to choose a reputable firm.
At Anglia Research, we prioritise having a highly qualified team. We employ more accredited genealogists, legally qualified, and independently regulated staff than any other probate research company in the UK. Our firm is regulated by the Institute of Paralegals, ensuring that our work meets the highest legal and ethical standards.
Summary
Probate genealogy extends far beyond merely locating missing beneficiaries or constructing family trees. It encompasses a wide range of other services, including bankruptcy and financial asset searches, Missing Beneficiary Indemnity Insurance, and even assisting law firms with their Unclaimed Client Funds obligations.
When faced with a complex case, consider enlisting the expertise of a reputable probate genealogy firm like locally based Anglia Research. By doing so, you can outsource the work with confidence, knowing that the research will be conducted accurately, to a high standard, and in full compliance with legal requirements.
Pii- where are claims emanating from?
By Marc Rowson
For a number of firms you will be in the midst of your PII renewal, there has been much written with regards to improving market conditions, and for a number of practices that will be the case.
For our feature for the readership this year, rather than provide a commentary on what to expect for renewal, we wanted to share with you the current claims environment and the common areas whereby claims are being made against firms.
To start with a positive, the number of claims made against the profession has continued to decline, it must however be commented that the cost of claims has continued to rise, some of which have caused real issues for Insurers.
Wills, Trusts and Probate
The number of matters notified relating to Private Client work: Wills, Trust and Probate work, remains high.
The number of claims relating to the preparation of wills, in particular, emanating from other family members (disappointed beneficiaries) has remained high.
We have also seen an increasing number of claims, targeting law firms, on the basis of an alleged failure to check the capacity of the deceased.
Claims between disputing family members are often difficult to resolve and, as a result, can be very expensive for an affected firm.
Conveyancing
Perhaps unsurprisingly, Conveyancing claims remain high and are still the most significant contributor both in terms of number and cost of claims to Insurers.
The time taken on the part of HMLR in raising requisitions, in response to applications to register title, have further resulted in claims against firms. Clients have complained about the absence of any warning about the time taken by HMLR to respond to issues and, with the rise in interest rates causing clients to pay more in mortgage rates, this has resulted in claims against law firms.
Lastly, we have seen an increase in the success of fraudulent sellers, there has been a clear correlation between this and where the work is emanating from, with particular success for the criminals occurring through panel/referrer work whereby a quick and efficient sale is the nucleus of the referrers business model. These type of claims tend to be expensive, but also difficult to defend as the loss crystalises immediately.
Commercial Real Estate
The number of claims relating to Commercial Real Estate has changed trajectory and have now increased fractionally. The increasing value of property, and number of transaction deals relating to the sale of property, means that the value of these claims have increased.
Cyber Crime (hacking)
We continue to see a number of cyber-attacks suffered by firms. The cost and time to resolve these issues has continued to escalate.
Notification of data breaches may also need to be made to the ICO and to the SRA. Further, law firm clients may also need to be told about a data breach. These issues may impact on the reputation of a firm.
For the avoidance of doubt, cover is provided under the Minimum Terms and Conditions Insurance policy (PII) for claims by third parties. The firm’s own internal (first party losses) are not covered under the policy, and this is where Cyber Insurance may be useful for a firm.
Regulatory Issues
The number of regulatory investigations remains high, and is likely to increase furthermore such are the reported outcomes of the Axiom Ince incident towards the end of 2023.
We suspect that the SRA will become even more active in investigating the activity on the part of law firms in dealing with AML, client due diligence and the SRA Accounts Rules. Our view remains that we expect SRA vigilance on dealing with these issues to amplify.
The SRA’s increased power to fine firms will mean that firms may feel greater impact from regulatory investigations. It is possible that the SRA’s power to fine firms may increase further. Please note that the Minimum Terms and Conditions Insurance policy does not provide insurance cover for regulatory investigations. If you have queries about your position, please speak to your broker at Lockton at your earliest convenience.
Claims by practice Area
We have seen a consistent pattern in terms of work types that have commonly caused claims. This chart summarises claims frequency against the profession.
Should you be in the process of renewing your Insurances and wish to seek a second opinion, myself and the team at Lockton would be more than happy to discuss with your firm.
Marc Rowson Partner
E: marc.rowson@lockton.com
T: 02079 332034
Suffolk & North Essex Law Society
rising interest rates: time to check your client money handling policy
Robust internal policies and procedures are vital when it comes to holding client money, says Jordan Guymer of
Law firms often find themselves holding client money, so it is vital that they have robust internal policies and procedures which are regularly updated to take into account any new SRA guidance, as well as changes in the economic environment, such as movements in interest rates.
Client money is defined by the SRA as ‘money of any currency that is received and held as cash, cheque, draft or electronic transfer by a firm when they are providing legal services’.
This can include client damages received by a firm in a personal injury matter, mortgage funds received from a lender on behalf of the client, money held to pay care costs for a client where the solicitor has been appointed as Court of Protection deputy, or money for the firm’s fees (and any unpaid expert fees) that have been received before a bill has been sent to the client.
Such money must be kept in a separate client account – the only exemption is for client money received as advance payments for fees and disbursements, and even in this case you must advise the client where their money will actually be held.
After many years of rock-bottom interest rates, we are now seeing higher rates, and this raises the need to have an up-to-date interest rate policy which sets out when and how firms pay interest to clients on their money. The SRA is clear that clients should not be disadvantaged by having their funds held in the solicitor’s client account, as opposed to their own savings account.
Firms may consider allocating some of their client account into a secondary high interest account to ensure that sufficient interest is earnt to be able to achieve this. However, SRA rules state that such accounts must keep client money instantly accessible – in other words in instant access accounts.
Law firms also need to be careful that their client account is only used to hold monies directly connected to client legal work. Recent media reports have centred on a number of inappropriate use of client accounts as a banking facility, ranging from making payments form the client account which are unconnected to the legal work being carried out, to acting as a banking facility for an overseas client who does not have UK banking facilities.
The SRA Accounts Rules are clear: you must only receive money into your client account where there is a proper connection between the funds and your delivery of regulated services. Rule 3.3 of the Accounts Rules sets out what does and does not constitute an appropriate use of a client account.
All of this underlines the need to have robust internal policies and procedures in place, and to ensure that these are updated regularly to take into account any new SRA guidance, or changes which may affect the management of client funds, such as rising interest rates. Given that much of the SRA guidance is not totally prescriptive, it is important to seek professional advice when putting these policies in place.
Lovewell Blake.
Foundation
We were founded with the vision of creating a financial advisory practice that places the client’s needs above all else. The firm’s name is inspired by the King’s Fleet (a tributary of the River Deben) symbolising stability, reliability, and a deep connection to the local community. This connection is reflected in our commitment to providing ethical and personalised financial advice, filling a gap in a sector often criticised for being overly sales-driven.
The name is also linked to the Primary School attended by our founder (Colin Low). Consequently, education is at the heart of everything we do, both for our team and for our clients and contacts.
Chartered Financial Planners
Kingsfleet has gone beyond most other Financial Advice firms in achieving ‘Chartered Financial Planner’ status, just one year after launch, in 2011. To be ‘Knowledgeable’ is one of our key values, so all our team are given an annual budget towards study and further qualifications.
Consequently, we have additional expertise to work with law firms in key areas where Financial Planning is critical. Louise is focusing on aspects of Family Law, any pension work and also working with clients who have recently been bereaved.
Kingsfleet is a financial advisory firm established to provide personalised and comprehensive wealth management and financial planning services. Our mission is to help clients achieve their financial goals and secure their future by offering tailored advice in areas such as investment management, retirement planning, tax strategies, and estate planning. The focus on client-centric service sets us apart, as the firm prioritizes long-term relationships, trust, and transparency.
Colin’s expertise revolves around Lifetime Estate Planning, Investing for Trusts and Charities and tax efficient investment arrangements.
As a result, we are privileged to work with numerous law firms around Suffolk and North Essex.
B-Corp Status
Kingsfleet’s advisers are not just qualified by professional standards; they also pursue continuous professional development to stay ahead in an ever-changing financial landscape. This has been recognised in obtaining the B Corp designation in 2021 demonstrating that our objective is not solely profit but, rather, a focus on People, Purpose and Planet. This guides all our business decisions and our ongoing strategy.
Charity Support
Due to the importance of education within the business, we began a fund with Suffolk Community Foundation to support educational causes in Suffolk. We added to that in 2022 when we had the dreadful experience of losing a wonderful staff member very suddenly. From this, the Gary Gladwell fund began, enabling children in Suffolk to participate in sport.
National Recognition
Kingsfleet has garnered significant recognition within the financial services profession and local business community alike, underscoring its commitment to excellence and client service. The firm has been awarded the prestigious “New Model Adviser Top 100” accolade multiple times. This award is given to financial advisory firms that are considered to be leaders in the profession, recognised for their innovation, client focus, and commitment to ethical practices.
Awards
Recently, Kingsfleet have been successful in winning both local and national awards. In the last 12 months alone, we have retained our New Model Adviser Top 100 designation and the Professional Adviser, Adviser Firm of the Year (Midlands and East) 2024.
However, we were particularly pleased to be successful in not one, but two, local awards. In July, we won the East Anglian Daily Times, Suffolk Business Awards in two categories; Customer Excellence and Small Business of the Year.
If you feel it would be beneficial to speak with us about a client who may need our knowledge and expertise, details on how to contact us are shown on our advert on the following page.
Discretion clauses and Enterprise Management incentive options: The benefit of HMrC clearance
You may have noticed, like we have, that discussions surrounding discretion clauses in EMI (Enterprise Management Incentive) plan rules have evolved significantly following the October 2022 HMRC Employment Related Securities Bulletin.
In this bulletin, HMRC stated that their stance had not changed. However, the updated guidance accompanying this bulletin indicated that HMRC would adopt a much stricter interpretation than companies and advisers felt had been applied in practice previously. The issue with discretion clauses is somewhat abstract but critically important. The mere inclusion of such a clause does not disqualify an EMI option. Problems arise only if and when discretion is exercised in a manner that results in the EMI qualifying conditions no longer being met.
In practice, this has often involved a broadly drawn discretion clause being used to alter the exercise date of an option, frequently advancing it to a date before the inherent conditions are fulfilled. For example, an employer might have an exit-only scheme but the board may use their discretion to allow a key employee to exercise their options shortly after the grant date.
In such cases, based on the current guidance, HMRC would argue that the option has ceased to qualify as an EMI option. This is because one of the conditions for a qualifying EMI option is the presence of clear parameters regarding when the option may be exercised. Exercising the option outside these parameters would lead to the options being deemed to have lapsed and reissued as non-tax-advantaged options.
Consequently, when these options are subsequently exercised, there could be significant unexpected PAYE and Class 1 NIC or ncome tax charges on the difference between the market value of the shares at the exercise date and the exercise price.
Despite these challenges, some discretion clauses are vital to the viability and commerciality of EMI schemes and therefore they cannot be removed completely. No matter how meticulously clients plan, unforeseen circumstances inevitably arise, necessitating both the inclusion and then reliance on these discretion clauses.
Given this, it is our experience that the HMRC share schemes team will currently provide non-statutory clearance regarding whether the use of a discretion clause constitutes a lapse and reissue of the options.
By Tessa Brown Employment Tax Manager
We would always advise seeking clearance in advance of exercising discretion, when time permits, to understand the potential tax implications in advance.
They may or may not be a key deciding factor in whether the discretion is used, but nonetheless, it ensures clarity on the tax position. This may be a significant consideration for the employing company and participant, in light of the potential liabilities which may arise if they proceed and HMRC examine the position after the options have been exercised, concluding that the exercise of discretion caused a loss of the option’s qualifying status. It may also be helpful in the context of an exercise of options immediately prior to a company sale, where the qualifying status of the scheme is likely to be a key issue in purchaser tax due diligence.
This article is designed for the information of readers. Whilst every effort is made to ensure accuracy, information contained in this article may not be comprehensive and recipients should not act upon it without seeking professional advice. “Larking Gowen” is the trading name of Larking Gowen LLP, which is a limited liability partnership registered in England and Wales (LLP number OC419486). Where we use the word partner it refers to a member of Larking Gowen LLP or a senior employee of equivalent standing. © Larking Gowen.
Suffolk & North Essex Law Society
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 95% 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 100% 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.
By Dr Giles Proctor
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
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.
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 the College’s Graduate Solicitor Apprenticeship programme at https://bit.ly/3Tn9reu, and you are welcome to get in touch at https:// bit.ly/47xv4i8 if you would like any more information.
CEO of The College of Legal Practice
New report explores the role of wealth advisers in charitable legacies
A new report from Remember A Charity was launched on 28th August 2024, it explores 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 co-create 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 well-placed 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 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.”
Great map of Willanthropy to launch this Remember a Charity Week (9-15 September 2024)
1 August 2024: This year’s Remember A Charity Week (9-15 September 2024) will see the launch of an interactive map of legacy giving, showcasing the impact of charitable gifts in Wills across the world. The Great Map of Willanthropy* will display a wide range of charitable services and places that have been funded or supported through gifts in Wills to UK charities, while also showing what future legacies could achieve.
Remember A Charity Week, now in its 15th year, brings together almost 200 member charities, 900 Campaign Supporters (solicitor firms and Will-writers), wealth advisers, and partners to encourage more people to consider leaving a gift to charity in their Will. While Remember A Charity runs consumer campaigns all year round, the week serves as a key moment to equip and activate all those in the consortium’s network to champion charitable legacies.
Alongside the digital map and a celebrity-backed national PR drive, Remember A Charity will launch the next phase of its Be Remembered consumer advertising campaign during Remember A Charity Week, encouraging the public to think about what they want to be remembered for. The consortium’s legal partners and Campaign Supporters will be provided with promotional assets to use on their digital channels to open up conversation about charitable Wills with clients and prospective clients.
Lucinda Frostick, Director of Remember A Charity, says:
“Remember A Charity Week is a wonderful opportunity for charities and the legal sector to collaborate to inspire people across the UK to not only write or update their Will but to leave a gift to their favourite charity. This year, we’ll be sharing a mix of warm, humorous and informative content throughout the week, aiming to win both hearts and minds, while encouraging people to take action.
“For professional advisers and Will-writing providers, it’s a great chance to promote the importance of having an up-to-date Will and deepen client relationships with values-led conversations about the good causes they care about.”
Solicitors, professional Will-writers and others who wish to participate in this year’s campaign and sign up as a Campaign Supporter, are encouraged to get in touch with Remember A Charity in the next few weeks.
Celebrity ambassador Debbie McGee will be championing the legacy message throughout the week
To find out more or take part in Remember A Charity Week (9-15 September 2024), visit www.rememberacharity.org.uk
*Willanthropy is a term for legacy giving, which was introduced by Remember A Charity in 2023. It has since been used by a wide range of audiences and referenced in parliament.
