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Contents
EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com
Issue 10 Autumn 2016
A Message from the President
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From the Council Chamber
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President’s Annual Dinner 2016
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Junior Lawyers’ Division
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The Law Society - Relationship Management
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New Website Launching Soon!
Published September 2016
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Making Land Work
© East Park Communications Ltd.
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Would You Credit It?
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How Was Your Care Worker Interviewed?
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On-Site vs Cloud: Why scepticism about cloud security is leaving law firms vulnerable
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Tap Dancing Your Way To Success
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10 Questions To Ask Your Outsourced Cashiering Provider
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Effortless Training
Editor Jon Armstrong
Features Christine Kettle Advertising Simon Castell
Design Matt Wood - East Park Studio Accounts Tony Kay
Media No. 1111 Legal Notice
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 Fiona Bailey Haywards Solicitors, Stowmarket Tel: 01449 613631, Fax. 01449 613851 Email fiona.bailey@haywards-solicitors.co.uk Vice President Jon Armstrong Armstrong Family Law, Colchester Tel. 01206 848426 Email: jon@armstrongfamilylaw.co.uk Deputy Vice President Denise Head Bates Wells & Braithwaite, Ipswich Tel: 01473 219282 Fax: 01473 230804 Email: denise.head@bates-wells.co.uk Honorary Secretary Ivana Radovic Gotelee Solicitors, Ipswich Tel: 01473 211121 Fax: 01473 230387 Email: ivana.radovic@gotelee.co.uk Honorary Treasurer Richard Foyster Ashton KCJ, Felixstowe Tel: 01394 277188 Fax: 01394 670726 Email: richard.foyster@ashtonkcj.co.uk Honorary Council Member Roger Buston Asher Prior Bates, Colchester Tel: 01206 768331 Fax: 08700 543630 Email: rbuston@apblaw.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 Birkett Long, Colchester Tel: 01206 217320 Fax: 01206 711348 Email: amanda.timcke@birkettlong.co.uk Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich IP6 9UN Tel/Fax: 01449760731 email: snels@topcopysec.co.uk
Suffolk & North Essex Law Society
A Message From Our President I am writing this sitting on the lawn outside Norwich Cathedral waiting for the Magistrates’ to formulate their Facts and Reasons in a care case. Whilst it is still August I am surprised to see that some of the trees are already taking on their autumn colour and in the early mornings when I am wandering down the garden to feed my two greedy hens it has been damp and chilly. Time seems to really have its skates on. It is now as I write this piece nine weeks since the Brexit vote and other than a change in Prime Minister and an interesting cabinet reshuffle, we do not appear to be any the wiser as to what the impact (if any) there will be on the local legal profession. We also do not know what our new Lord Chancellor has in store for us. No doubt we will just have to wait and see… Over the summer vacation what has exercised the Law Society in London greatly are the SRA plans for the legal profession. Your Deputy Vice President, Denise Head and I attended a conference in London about this issue in late August where it became clear to all that the plans (if implemented) could undermine consumer protection for our clients and result in a two tier profession. You should all by now have received into your inbox a number of professional updates from the Law Society about this issue with various links to a survey and a consultation briefing. I do hope that you were able to read the briefing and complete the survey or respond more fully as the more responses received by the Law Society the better chance they will have of stopping the planned changes or at least amending them so that they do not irreversibly damage the profession as a whole. I do hope that you have all had a chance to have a break over the summer holiday period and are returning to work refreshed and ready for the run up to Christmas!
Fiona Bailey
President, Suffolk & North Essex Law Society
Dates for the Diary Saturday, 8th October
Junior Lawyer Division Autumn Ball - Ipswich Town Football Club Friday, 4th November 2016
President’s Annual Dinner - The Stoke-by-Nayland Hotel Future Council Meetings for 2016:
31st October 2016
15th May 2017
20th March 2017
13th November 2017
16th January 2017
18th September 2017
If you would like any specific items discussed by your Council, please notify our Admin. Sec. (snels@topcopysec.co.uk) to ensure they are included on the agenda.
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From the Council Chamber
SNELS Council Member Report Chancery Lane - Sept 2016
CM Activity
Attended TLS Council and AGM on 13th/14th Jully 2016 . Attended Property Section Executive Committee Meeting on 5th July 2016. The next TLS Council meeting is on 14th/15th September 2016. The next TLS Property Section Executive Committee Meeting is on 28th September 2016. The TLS Property Section National Annual Conference is on Friday, 7th October 2016 again at the Victoria Park Plaza Hotel, London.
Summary TLS AGM On 14th July at the Chancery Lane AGM, TLS 2016 – 2017 senior team was elected: Robert Bourns took office as President, Joe Egan as Vice President (VP), and Christina Blacklaws as Deputy Vice President (DVP). TLS Chief Executive Officer (CEO) remains Catherine Dixon Summary Net Funding Requirement (NFR)
Council was to set the level of the NFR for the ensuing year (effectively, the amount to be recovered from the profession which funds the SRA and TLS, as well as the Legal Ombudsman (LeO) and the Legal Services Board (LSB). Council agreed a Practising Certificate fee for individuals of £290, £30 lower than in 2015-16. Overall levels of fees paid by law firms have also reduced.
TLS Governance
The ongoing review of the governance of TLS was further progressed. Contributions have been invited from Members across the profession to a dedicated email address, on the evidence from which further development work will now be taking place. Perhaps unsurprisingly the main influence at this time is BREXIT, which is reflected in all areas:Representing the profession Council noted the work that is being done, with the Bar, the CEO updated Council on the various ways in which TLS engages with and seeks to influence key decision makers on the Brexit agenda and aftermath, including building on many contacts made as a result of TLS’s EU report and economic analysis. Council was reminded of the ongoing work to ensure that threats to legal professional privilege are robustly countered, particularly in the Investigatory Powers Bill. It was updated on the work TLS is doing, together with others, in response to the proposed reforms to the treatment of clinical negligence and personal injury claims; this has included targeted contacts with MPs and peers. TLS has raised strong concerns and made representations in regard to the proposed privatisation of the Land Registry.
Promoting the profession Following the decision of the UK electorate to leave the European Union and the resignation of David Cameron as Prime Minister:• The Conservative Party has elected Teresa May who has taken over as Prime Minister; • Article 50 (the clause to negotiate exit from the European Union) will be activated under the new Prime Minister;
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• Another general election at this time is not anticipated. There seems no political will at this time from any quarter to call one. TLS issued a press release on the morning of the referendum announcement. It reiterated our key lines: that there will be no changes to rights and obligations in the short term, and we will be working to support members during this time to ensure that England and Wales remains a legal centre of excellence and the jurisdiction of choice. TLS has also taken the following actions to influence decision makers:TLS has written to the Lord Chancellor (LC), other ministers across Government, and senior officials offering TLS’s expertise through expert committees and access to TLS networks across the EU and globally. Cabinet Office minister Oliver Letwin MP and senior civil servant, Oliver Robbins, have set up a task force within Government so TLS contacted them to offer legal support too. Oliver Letwin responded positively and a meeting is scheduled. When CEO gave evidence in Parliament to the Justice Select Committee, she raised the implications of Brexit for the legal sector with the MPs there, in order that they will be aware of the expertise TLS Members have to offer. TLS has used its EU report and economic analysis to engage with a number of key stakeholders at No. 10, HM Treasury, BIS, the Greater London Authority and other organisations. We are now using the opportunity to revisit this contact and offer access to our expert legal advice, both within TLS, and our wider network. TLS is in touch with the Law Society of Scotland & Law Society of Northern Ireland to take a united approach were we can. We have reached out to the Law Society of Ireland and received confirmation that reciprocal rights arrangements will remain in place around registering to practise in Ireland if qualified in England and Wales. TLS Brussels team has been in touch with Bars across Europe and with the relevant Bar CEOs. TLS has been in touch with CityUK and the Bar and will be working with them as appropriate.
Supporting the profession TJonathan Smithers who handed over as President, gave a comprehensive report on his many activities in his Presidential year, notably in relation to his core themes: the rule of law, access to justice, technology and the law, and business and human rights. Jonathan is about to take up a challenging role in Australia. CEO reported on a wide range of activity and TLS sponsored events, including the in-house division conference and other events, several roundtables and consultation meetings on proposed pro bono initiatives, and a recent conference on technology in law: ‘Robots and Lawyers - Partnership of the Future’. The recent relaunch of the updated Clinical Negligence Accreditation was also noted.
TLS Practice Advice Service ( PAS) and Contact Centre have been briefed to answer the main concerns that members or the general public might have about the immediate impact of Brexit on common areas like immigration, employment or contract law. We will be monitoring activity on these help lines to help us build a picture of what information is required so we can produce specific briefings to meet that need.
A section of the TLS website is now dedicated to Brexit – we will use this to post press releases, briefings and thought pieces as they are produced as well as other supportive materials for the profession. This can be found at http://www.lawsociety.org.uk/ support-services/brexit-and-the-legal-sector/
CEO is establishing a staff task force to work on this issue - which will be working with elected and appointed members. Our expert committees are providing expert guidance and advice on specific areas, which we will feed into our engagement with stakeholders and also use to continue to brief and engage with the profession. The work of the committees will be coordinated through the LAPB and as appropriate an expert task and finish group will be established.
TLS will shortly be launching an Access to Justice Campaign, with an overall goal of improving access to justice in England and Wales. This will be delivered by means of a series of subcampaigns on specific issues.
• Securing the best deal for the legal profession under any terms for withdrawal; • Building capacity and brokering expert legal advice to government on key areas that will be affected by withdrawal on the EU; • Helping members to support their clients through the potential uncertainty that may last for a number of months, and years.
Suffolk & North Essex Law Society
Members have submitted many good ideas for further engagement and coordination. TLS will use these as a basis for pulling together a more structured influencing and engagement plan. This will focus on:-
Access to Justice Campaign
The first sub-campaign will be on advice deserts. This comes on the back of data emerging from LAA showing that in one third of the LAA’s procurement areas (generally counties outside the big cities and boroughs within them), there is only one housing provider, and in three there are none at all. TLS will be seeking to persuade the MoJ to review the economic sustainability of civil legal aid, and to address issues of sustainability in the design of the tendering process and contracts for the next round of civil legal aid contracting. Roger Buston - TLS Council Member SNELS, Asher Prior Bates Office
: 01206 768331
: buston@apblaw.co.uk
Mobile : 07770 305977
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2016 President’s Annual Dinner
Suffolk & North Essex Law Society
Sponsored by AON, JM Finn, Wesleyan & Williams~Wroe
Friday, 4th November at The Stoke by Nayland Hotel, Keepers Lane, Leavenheath, Colchester, CO6 4PZ 7.15 p.m. for 7.45 p.m. - Black Tie The President’s Annual Dinner will be held in the award-winning Stoke By Nayland Hotel. It will be hosted by our President, Fiona Bailey, of Haywards. Tickets cost £55.00 each and will include a pre-dinner drink, three course meal with wine and coffee/tea. The informal evening will conclude with live entertainment provided by local artiste, David Bates who will be performing a tribute to Elvis. Some of you may know Dave from his security work at Chelmsford Court. There will be a dance floor for those wishing to work off some calories! A cash bar will be open until 11.30 p.m. Places are limited so please book early to avoid disappointment. As usual, tables of 10 are available. Overnight accommodation is available to be booked direct with the hotel.
Tickets are available from: Christine Kettle, Administrative Secretary E-mail: snels@topcopysec.co.uk 8
www.snels.org.uk
Tel. 01449 760731
Success for the SNE JLD!
The Suffolk and North Essex Junior Lawyers Division (SNE JLD) covers all areas of Suffolk and the north of Essex welcoming students, graduates, paralegals, trainee solicitors and solicitors with up to 5 years PQE as members. This has been a particularly good year for the SNE JLD. The Committee, which is made up of young lawyers from Ashtons Legal, Attwells, Gotelee and Prettys, has organised a variety of events including wine and beer tasting, a cocktail making social and a careers event with Clara Rose. The Committee has also regularly attended SNELS meetings and National Committee meetings of the JLD and contributed to the JLD’s response to the SRA’s ‘Training for Tomorrow’ consultation. The SNE JLD will be ending the term in style, with an Autumn Ball at Ipswich Town Football Club from 6.30 p.m. on Saturday 8th October 2016. The event will celebrate the young lawyers in the area who have recently taken steps in
Suffolk & North Essex Law Society
JUNIOR LAWYERS’ DIVISION
Elliot Clarke Chair of the SNEJLD Email: Elliot.Clarke@ashtonkcj.com jld.sne@gmail.com
their careers, such as beginning their training contracts or qualifying as solicitors. Tickets are selling fast, but there are still some remaining! Local firms can sponsor a table for 10 of their junior lawyers for £420 inc. VAT or for 8 people for £336 inc. VAT; the firms’ logos will be prominent throughout the evening and they will be recognised for their sponsorship. You can book a table or individual tickets via the website (www.sne-jld.co.uk) or emailing the JLD directly: jld.sne@gmail.com The SNE JLD hopes to see many local junior lawyers at its events throughout the coming year, or on the new Committee when elections take place in November. Make sure the junior members of your firm are signed up to the mailing list on our website!
Contact: jld.sne@gmail.com www.snels.org.uk
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The Law Society, Eastern contact details Relationship Manager: Jack Dunkley Email: jack.dunkley@lawsociety.org.uk
Relationship Management Hello and welcome to the Relationship Management report for the East. We hope you find the report useful and encourage you to share it with your members and colleagues. If you have any comments or suggestions regarding the future development of our monthly report, please let us know.
News SRA Handbook Consultation Feedback Since The Solicitors Regulation Authority (SRA) published its consultation, ‘Looking to the Future’ on 1 June, the Relationship Management teams across the regions have been busy organising a number of roundtable discussions, roadshows and dinners to find out your views on the proposed changes and how these will impact on the profession. Since running these events we have received over 1500 responses from members and very much welcome your contributions.
We would like to remind you that the deadline for responses is 21 September. If you have yet to let us know what you think, you can still email us at regulation@lawsociety.org.uk. Please read the briefing designed to help members consider the implications of the proposed changes.
Brexit - its impact We have been working with members over the last few months to look at how the Brexit vote impacts on the legal profession and on clients.
We have a webpage dedicated to Brexit which includes recent activity: http://www.lawsociety.org.uk/support-services/brexit-andthe-legal-sector/
Legal Aid deserts campaign is launched As part of our access to justice work, the Law Society has launched a new campaign to tackle housing ‘legal aid deserts’ - areas with a shortage of housing legal aid advice. Almost one third of legal aid areas in England and Wales have one, or no, housing provider, and you can see which areas are hardest hit in our Legal Aid deserts heat map. These shortages mean that people facing homelessness and eviction are struggling to get the local face-to-face advice they desperately need.
We have been campaigning across England and Wales on this issue since July, and now we need your help to draw attention to the issue in your local area. We have developed a campaigner pack for local law societies so you and your local members can get involved in the campaign, which you can access here. This will help you to: • write to your members
• send a press release to your local newspaper • tweet about the campaign • write to your local MP 10
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To find out more about our campaign, watch a 2 minute video of our CEO, Catherine Dixon, explaining why we need to tackle Legal Aid deserts. http://www.lawsociety.org.uk/policy-campaigns/campaigns/ access-to-justice/end-legal-aid-deserts/
Round the World in 30 days - the 2016 LSA Travel Challenge The Legal Sustainability Alliance (LSA) invites solicitors to take part in the 2016 travel challenge – Round the world in 30 Days - which runs from 1 - 30 September. The challenge is an opportunity to travel more sustainably, improve health and wellbeing, as well as encouraging a little friendly competition between law firms! Register at:
http://lsaroundtheworld.getmeactive.org.uk/users/register
A competitive, innovative legal profession is in the best interest of clients - Law Society Response to CMA interim report In responding to the Competition and Markets Authority’s (CMA) interim report on the legal sector, the Law Society of England and Wales again welcomed the news that they are not planning to recommend a formal market investigation into the legal sector. Law Society chief executive Catherine Dixon said:
‘A well-functioning legal markets are in the best interests of clients and promote a strong and vibrant legal sector. They also underpin fair competition and access to legal services.
Where possible, solutions driven by the market are preferable to those driven by regulation and we believe that our legal services market is competitive and will continue to evolve and innovate to meet the needs of clients ever more effectively. We therefore welcome the CMA’s conclusion that no formal market investigation is needed.’ The legal sector contributes £25.7bn to the UK economy. The Law Society remains committed to ensuring the balance between client protection and fair, proportionate regulation which promotes competition within a strong and vibrant legal sector. The winners will be announced at our prestigious awards ceremony taking place on Thursday 20 October, at the Hilton Park Lane, where we will be celebrating the very best work in the legal profession. For full details on how to make a booking, visit our book a table page at: http://www.lawsociety.org.uk/Support-services/ Events-training/Excellence-Awards/book-a-table/
Pro Bono Week 2016 Pro Bono week in 2016 will be held from Monday, 7 - Friday, 11 November.
There are a number of activities happening including a MP education event, a mock Inquiry at The Old Bailey and a Great Legal Quiz for the whole of England and Wales. The Great Legal Quiz is an event being held on Wednesday, 9 November across England and Wales to raise funds for free legal advice charities. All funds raised will go to support the work of regional Legal Support Trusts who are supported by the Access to Justice Foundation. If you are interested in being involved, the Access to Justice Foundation would like to recognise your efforts as a supporter of the quiz by putting your logo on their website, at the bottom of email communications and on the Quiz Questions sheet distributed digitally on the day. A lot more information on the Quiz, including how to register your team, can be found at: http://www.atjf.org.uk/great-legalquiz.html.
Women Lawyers Division is seeking new members The Law Society is looking for brilliant and practical women solicitors to join our committee! This appointment is open to all women on the roll and our aim is to create a committee that accurately represents the diversity of the profession as a whole.
Be involved in discussions around women in the profession, networking, organising meaningful events and representing women solicitors across England and Wales.
Visit: http://communities.lawsociety.org.uk/women-lawyers/ news-and-advice/wld-news/seeking-new-wld-committeemembers/5057170.article
SRA Handbook Consultation - Building unity and an evidence base for response. We would like to thank all of those presidents, secretaries, parliamentary liaison officers and committee members of local law societies who have worked hard with us to discuss and dissect the SRA’s consultation on the handbook and the accounts rules. You have spoken to our office holders, attended our roadshows and roundtables and given careful thought and consideration to our member briefing and case scenarios. The responses provided by regional law societies in the East will show a profession united and profession seeking to have a hand in shaping the future of legal services in the best interests of it’s clients. A roundtable event was also held in Cambridge on 12th September 2016. Members of the profession from as far and wide as Peterborough, Ipswich and Kings Lynn attended the meeting. Those who attended brought a great deal to the discussion and we hope they will continue to work with us and influence us in the position we take as the consultation timetable plays out.
It is our intention to do all we can to limit the burden of time and distance on our members for events such as these. We will be seeking to hold similar events in the future on a more regional basis including Norwich, Ipswich and Peterborough. The support of local law societies will be key in ensuring the success of those events, and we are grateful for the pledges of support that have already been forthcoming.
Law Society Excellence Awards 2016 celebrating 10 years of Excellence Thank you to everyone who made a nomination for the Law Society’s 10th annual Excellence Awards.
This year we have seen a record number of applications and
The Law Society, Eastern contact details Regional Manager: Anna Donovan Email: anna.donovan@lawsociety.org.uk
Suffolk & North Essex Law Society
judging them has been difficult. However, our VIP judges have come to a decision and we are pleased to announce that the shortlist is been agreed and that it includes 16 nominations from the Eastern region. The list is now available on our website:
http://www.lawsociety.org.uk/Support-services/Eventstraining/Excellence-Awards/shortlist/
Practice Notes Attendance of solicitors at local authority Children Act meetings Thank you to everyone who made a nomination for the Law Society’s 10th annual Excellence Awards. This year we have seen a record number of applications and judging them has been difficult. However, our VIP judges have come to a decision and we are pleased to announce that the shortlist is been agreed and that it includes 16 nominations from the Eastern region. The list is now available on our website:
http://www.lawsociety.org.uk/Support-services/Eventstraining/Excellence-Awards/shortlist/
Consultation Responses Consultation on updating the Land Registration Act 2002 The Law Society has responded to the Law Commission’s consultation entitled Updating the Land Registration Act 2002.
The consultation is designed to consider how the Land Registration Act 2002 (LRA 2002), which came into force in October 2003, might be clarified or amended in the light of its operation over the last twelve years. The Law Commission says that the aim of the project is to ‘improve specific aspects of [the LRA 2002] operation within the existing legal framework’. Read our full response at: http://www.lawsociety. org.uk/policy-campaigns/consultation-responses/updatingland-registration-act-2002-law-society-response/
Government consultation on alternative business structures The consultation focuses on the benefits of Alternative Business Structures (ABS) and considers removal of additional barriers to external providers’ entry into the legal services market.
The Law Society is supportive of ABS as they provide choice for solicitors as well as their clients. However, it is critical that the regulatory framework, including client protection, is equal for ABS and solicitor firms which will enable fair competition and benefits clients.
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The Law Society strongly recommends that the ABS sector is reviewed three years from the implementation of these proposals and that this includes an equality impact assessment to gauge whether changes have adversely affected diversity in the legal services market. Read the full response at
http://www.lawsociety.org.uk/policy-campaigns/ consultation-responses/government-consultation-onalternative-business-structures-law-society-response/
HMT’s consultation on reform of the substantial shareholdings exemption The Law Society has responded to the government’s consultation on possible reform of the substantial shareholdings exemption. The government is considering whether there could be changes to make it simpler, more coherent and more internationally competitive. It has set out a number of options for possible reform. Read the full response at http://www.lawsociety.org.uk/policy-campaigns/ consultation-responses/consultation-on-reform-of-thesubstantial-shareholdings-exemption/
Tax deductibility of corporate interest expense: consultation on policy design and implementation As part of the implementation of the OECD’s recommendations on Base Erosion Profit Shifting (BEPS) to modernise international tax law, the government has consulted on the deductibility of corporate interest expense, which is also part of the its announced Corporate Tax Roadmap in the 2015 Budget. The use of interest expense has been identified as one of the key areas where there is a significant opportunity for BEPS by multinationals.
The Law Society has responded to the government’s consultation on the proposed new rules on interest deductibility within the OECD report. http://www.lawsociety.org.uk/policy-campaigns/ consultation-responses/lord-chief-justices-discussionpaper-defendants-duty-candour-and-disclosure-judicialreview-proceedings/
Finance Bill clauses 75-78: taxation of profits from trading and investing in UK Land The Law Society has made written representations to HMRC voicing concerns about the failure to consult on the wording of the legislation. The Law Society also flags substantive issues that exist, particularly the possible unintended effect on buy-to-lets where profits will be taxed as income rather than as capital gains. Read the full response: http://www.lawsociety.org.uk/policycampaigns/consultation-responses/finance-bill-2016clauses-transactions-in-land/
MOJ consultation on proposed amendments to civil procedure rules and practice direction
Reforms to corporation tax loss relief: consultation on delivery
The Law Society does not support the principle of restricting litigants’ rights as a means of addressing resourcing pressures on the Court of Appeal.
The government intends to provide for a more flexible loss relief regime for the majority of UK businesses.
Read the full response: http://www.lawsociety.org.uk/ policy-campaigns/consultation-responses/moj-consultationproposed-amendments-to-civil-procedure-rules-andpractice-direction/
Reform of judicial review and use of financial information The Society does not support the principle of restricting litigants’ rights to challenge the decisions made by public bodies by requiring the disclosure of financial information pertaining to any third party funding. The requirement to provide financial information about the funding of a claim for judicial review is onerous on claimants, the contributor and the court, who will have to verify the information provided about third parties and is limited both in time and resources.
The Law Society has responded the government’s consultation and provided views on the detailed design and implementation of the new rules. Read the full response: http://www.lawsociety.org.uk/ policy-campaigns/consultation-responses/finance-bill-2016clauses-transactions-in-land/
Suffolk & North Essex Law Society
There are increasing backlogs at all levels in the justice system and evidence that these backlogs have arisen because senior judicial resources have not kept pace with caseloads. Justice delayed is justice undermined. It is vital that improvements in the efficiency of one level of the justice system are not made at the cost of efficiency at another level. In 12 years there has been a 67 per cent increase in permission to appeal applications, and in the same period only one addition to the number of appeal judges.
SRA Open Consultations Looking to the Future - flexibility and public protection The SRA conducted a phased review of the SRA Handbook and their regulatory approach - Principles, Code of Conduct and Practice Framework Rules.
Looking to the Future: Accounts Rules review The SRA conducted a review of the SRA Accounts Rules 2011, which govern the handling of client money.
Read the full response: http://www.lawsociety.org.uk/policycampaigns/consultation-responses/reform-judicial-reviewfinancial-information-government-response/
Providing Life Retired Horses Charity Number 1106722
Our Aim The Heartbeat Home for Horses Limited is a registered charity, whose aim is to care for horses who otherwise would face a very uncertain future. Our aim is to provide a lifeline for these needy, homeless animals, allowing them to relax in comfortable surroundings in retirement, with lots of tender loving care.
Do you agree? Many hundreds of horses every year face an uncertain future when their careers come to an end. They come from all walks of equine life; exracehorses, riding horses, or ponies just being discarded when their ‘useful’ life is over.
To make a donation please contact us at: Heartbeat Home for Horses Brick Kiln Farm, Halesworth Road Heveningham, Suffolk IP19 0E
Your Legacy Large or small will make a difference to a horse needing to retire Every Pound Helps. Heartbeat horses are often large, 16hh+ it can be difficult to find a retirement home for them Heartbeat Horses are NOT re-educated, or re-homed, or adopted Heartbeat Horses retire to enjoy a good quality of life Heartbeat will not put a healthy horse to sleep We need to expand, due to the long waiting list of horses waiting to retire, or worse None of our staff are paid in our shops or farm. All the money raised or donated goes on the horses. 01986 798387 (Home) 07763562188 (Mobile) Email: woodyates@hotmail.co.uk web: www.retiredhorses.org.uk www.snels.org.uk
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New Website Suffolk & North Essex Law Society
Launching Soon....!
Within the next month we are hoping to launch our new and improved website. You will be able to find it at our web domain of snels.org.uk. Please also follow us on twitter @SNELS_UK. We hope you will find these both useful for details from who your local Council Members are to upcoming events and training. We will tweet as soon as the website is live so watch this space.
Open Day Saturday 8 October Cambridge Centre for Sixth‑form Studies (CCSS) is an independent sixth‑form college for boarding and day students offering a wide choice of A Level and GCSE courses, small class sizes, inspiring teachers and excellent support based in central Cambridge. For further information and to register
ccss.co.uk/openday 01223 707943 admissions@ccss.co.uk facebook.com/CCSS.Sixthform twitter.com/ccsscambridge
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Conveyancing Insurance (Ci) Self-Issue is a portfolio of insurance products provided by Legal & Contingency Limited. Legal & Contingency Limited – 60 Fenchurch Street, London, EC3M 4AD – DX 843 London/City – Tel: +44 (0) 20 7397 4363 – Fax: +44 (0) 20 7397 4364 – Email: enquiries@legal-contingency.co.uk Legal & Contingency Ltd is authorised and regulated by the Financial Conduct Authority, Registration No. 312376. Registered in England No. 3511606. Registered Office: 60 Fenchurch Street, London, EC3M 4AD.
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Suffolk & North Essex Law Society
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Visit: my-legal-indemnity-shop.com We also offer cover for Commercial Legal Indemnity Rights, W&I, Unoccupied Property and Executor and Inheritance Protection. DUAL Asset Underwriting Limited (Company Registration No. 08494511) is an Appointed Representative of DUAL Corporate Risks. DUAL Corporate Risks Limited is authorised and regulated by the Financial Conduct Authority No. 312593. Registered in England and Wales No. 4160680, registered office: Bankside House, 107 Leadenhall Street, London, EC3A 4AF.
“Making Land Work?” Remember the Law Commission report of 2011? It’s been dusted off and we can now expect a draft Property Bill courtesy of Her Majesty in the Queen’s Speech of May this year. This together with other measures such as the Neighbourhood Planning and Infrastructure Bill are designed to simplify the law relating to ownership and use of land. The Neighbourhood, Planning and Infrastructure Bill will provide new provisions to better enable the development of land, including eliminating the misuse of planning conditions and enhanced CPOs, plus more relevant levels of compensation. The Property Bill will, amongst other things, streamline the creation of easements and will rephrase restrictive and positive covenants as “land obligations.” It will purportedly be clearer that both types will bind successors. The intention is to deal with some specific issues including contributions to payment and maintenance of communal areas. The legislation will need to very carefully consider the wider implications of misuse of such positive obligations, not allowing any provisions that are too onerous.
Wesley Timothy –
Senior Underwriter, Real Estate Trading, DUAL Asset Underwriting
agreement, and will always be the preference to the legal costs of a Supreme Court ruling. Will new high level legislation help or hinder us? If the new thinking overrides the way easements to light are established will a balance be found? We will of course be operating two systems: the old based on established and presumably ongoing case law and the new ‘simpler’ version. Jurisprudence 101 tells us that statute is the bare bones of the legal system, whereas case law adds the flesh. It is highly likely that the new system will require interpretation of its wordings both to establish the meaning of the intention of Parliament and the impact of the provision on the specifics of the case at hand. In order to reach a satisfactory solution will we be tempted to slip back into established thinking, or will we start to build a new library of case law to run concurrently with the run off of the old? Ending, perhaps, on a positive note; there’ll certainly be a lot more work for all of us... The opinions expressed in this article are the author’s own and do not reflect the view of DUAL as a whole.
I cannot help feeling this is a sledgehammer to crack a walnut. I need not remind the reader that we find ourselves in uncertain times. It is very important to protect the value and amenity of land and the law relating to covenants should facilitate that. The claims with which we deal are chiefly about money and legal mechanisms whose original motives were to protect and are now being used to create a ransom scenario or nuisance in this increasingly litigious age. Rarely is the principle the actual concern. The current law relating to covenants and easements is complex, is that rightly so? The human mind is infinitely complex, it evolves and times change. The law must surely do likewise to reflect this.
Need a house clearance or valuation advice?
Cases that no longer work should be examined and overridden by specific statute if the status quo is unsatisfactory. We’ve seen this already concerning Village Green legislation. The pendulum of favour has swung from dog walker to developer more than once; the latest position enabling the latter to build, to generate jobs and help the economy without being thwarted by spurious claims. I find it difficult to understand why the same swift action has not been taken to rights of light. The courts are slowly assisting with new thinking about injunction versus damages and the profit driven developer versus the little person. Nevertheless, we are still left with an unsatisfactory Court of Appeal decision that realistically will not be challenged as a commercial
We can organise the whole process including transport for you. Call our auction centre manager, Geoffrey Barfoot, to talk through how we may be able to help you.
Clarke & Simpson Auction Centre, Campsea Ashe, Nr Wickham Market, Suffolk IP13 0PS t: 01728 746323 www.clarkeandsimpson.co.uk
Would You Credit It…? I was interested to see the introduction of a new piece of legislation earlier this year entitled The Small and Medium Sized Businesses (Credit Information) Regulations 2015. This has relevance to solicitors and their clients. These regulations were one of a number of measures in The Chancellor’s Autumn 2014 statement. The idea is to free up the flow of credit information between lenders and Credit Reference Agencies (CRAs) thereby in theory increasing the amount of lending to small businesses (defined here as turning over less than £25million). However laudable the reasoning, I imagine many SMEs might be quite surprised to learn of the extent of information which can now be shared between (at the time of writing) nine major banks and three credit institutions. The information covered by the Regulations includes; •
Current account balance
•
Average, maximum and minimum balances
•
Total payments to and from the account
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Loan balances and repayments
•
Number of missed repayments
As you can see the information retained by the CRAs is quite
extensive and a finance provider will now have the opportunity to request credit information from the CRA once they have obtained the permission of the SME to do so. Presumably any business in need of finance will be willing to grant such permission but the customer’s authority for the bank to release the information to the CRAs in the first place will be incorporated into normal banking terms and conditions. Whilst only finance providers will access the detailed information held by the CRAs, general credit ratings for a business will be far more scientific and up to date than in the past, which arguably, is a good thing. Small misdemeanors such as a brief breach of an overdraft facility will be part of the information now available to assess creditworthiness. In view of the impact general day to day banking activity can have on a credit rating, it has never been more important for small businesses to manage their financial affairs efficiently and to ensure that they have access to real time financial information about their own organisation. Paul Briddon is the lead partner at Lovewell Blake for services to the legal profession.
Disclaimer: Please note that this article is provided for your information only. Whilst every effort has been made to ensure its accuracy, information herein may not be comprehensive and you should not act upon it without seeking professional advice.
A different way of working, because each legal firm is different www.lovewell-blake.co.uk Accountants | Business Advisers | Financial Planners
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Suffolk & North Essex Law Society
How Was Your Care Worker Interviewed?
Angela Gifford, MD. Able Community Care Ltd.www.uk-care.com
Early in the year we had several phone calls from a care worker from the west of the country who wished to become an Able Community Care live-in care worker. Her application form was correctly completed, it was impressive with care work experience over several years, her references had been written for and verbally checked and we were happy to offer her an interview. Able Community Care always interviews face to face but there is a trend increasingly used by care providers to interview via Skype, telephone interviews or by using international agency recruiters. However, this potential live-in carer was unable to access interviews that were taking place in other parts of the country so opted to travel down to our office in Norfolk to be interviewed by our Recruitment Manager. Our interview pattern is designed to put the applicant at ease and to give a true and friendly impression of the company they are seeking to work with. Able Community Care provides live-in carers who are introduced into our clients home where they live with our clients and by definition integrate into some family aspects, associate with our client’s friends, neighbours and other professionals within the client’s care environment. In any business, impressions of the people who work under a company name can build or destroy a company’s reputation. The potential carer came for the interview too casually dressed. Unfortunately the carer was also suffering from a cold or hay fever and proceeded to lay a line of used tissues along the desk ready for the next sneeze. After a few minutes the carers mobile phone rang and, apologising to the interviewer, she proceeded to answer it, followed by sending a text that needed to be sent, again apologising. All our carers are expected to cook for our client’s, fresh food daily. When this was brought up during the interview the response was “all my clients like the microwave meals I give them, but I always have something different”. A couple of times the applicant appeared to nod off and when asked if it was due to medication being taken for the cold or hay fever the answer was ”no”. When the domestic side of the job description was brought up, the applicant’s preference was to work “where cleaners were employed”.
Sadly for this applicant, who wished to become a live-in carer for Able Community Care, a rejection letter was sent the next day. A telephone or Skype interview; or an applicant sold to us by an international recruitment agency would not have presented us with an accurate picture of the person we were hoping we could introduce into the homes of any of our clients. So far in 2016, we have rejected over fifty applicants who wish to work through Able Community Care.
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Ensors Forensic Accounting Team – two years on In June 2014 Fiona Hotston Moore joined Ensors Chartered Accountants as a partner to head up the Forensic Accounting offering. Fiona is a Chartered Accountant and Tax Adviser who is also an accredited Expert Witness and an Accredited Counter Fraud Specialist. The first two years have been busy with a variety of interesting cases and further investment in the team. The Ensors Forensics and Corporate Finance team is now firmly established as one of the larger independent regional practices with two partners (David Scrivener and Fiona), manager Simon Martin and a team of five working on clients across East Anglia, in London and beyond. The team can provide input as party adviser or act as expert witness providing a full report for the purposes of court litigation or to assist in mediation or arbitration. Recent cases range from matrimonial and family matters, tax investigations, employee fraud, professional negligence, commercial disputes and criminal matters including money laundering.
Recent cases include: Commercial agency dispute - Monk v Largo [2016] EWHC 1837 (Comm) A Commercial Court trial defending claims worth £3 million in breach of contract and under the Commercial Agents Regulations. As expert witness for the defendant we provided detailed evidence on the valuation of the agency and quantification of any loss under the alleged breach of contract. In a landmark ruling on the meaning and application of good faith in the commercial agency context, the Judge held that the Defendant had an unfettered right to terminate and dismissed the claim.
By Fiona Hotston Moore – Ensors Chartered Accountants
Employee fraud We have been instructed on a number of cases of suspected employee fraud with sums involved between £5,000 and £125,000. Our role has been to investigate and quantify the extent of the alleged fraud and to advise on the implementation of internal controls and checks to minimise future risks to the organisation.
Matrimonial cases We have acted as Party Expert and as Single Joint expert on a variety of cases. Typically our role is to value the business interests, give an opinion on sustainable future earnings and the tax consequences of transfer or sale of assets. These have included farming, veterinary, dental, technology, property and engineering businesses.
Tax disputes We have acted as expert witness on several claims regarding professional negligence by tax advisers including a number of cases around film partnerships. Claims in professional negligence have ranged from £30,000 to £40m. We have also acted as expert witness in Tax Tribunal and the High Court on tax disputes. As a team we enjoy the variety of work (small and large) and the challenge of getting to grips with complex financial investigations or assisting parties resolve their disputes commercially. As ever, it is highly recommended to engage an expert witness early on in the process and consider commissioning the report before mediation. This will assist hugely in ensuring a successful process.
Fiona Hotston Moore Forensic accounting partner & accredited expert witness Ensors Chartered Accountants M: 07770 642 491 | E: Fiona.hotstonmoore@ensors.co.uk | @hotstonmoore Member of NIFA & The Academy of Experts
Suffolk & North Essex Law Society
www.oyezgateway.co.uk New digital submission portal Tel: 0845 017 5517 will facilitate submissions to Government authorities According to government statistics, there are currently more than 650 transactional services provided by UK government departments that process more than 2.4bn transactions every year. The Government’s much heralded Digital by Default strategy was announced in 2010 with the objective of replacing cumbersome and expensive paper transactions with an easier and more cost efficient digital model. However ideal these digital solutions may be in relation to the general public, the non-collaborative approach taken by government agencies is inadvertently adding complexity to processes for law firms. Separate sign-ins and different workflows for each authority are just two examples of why government portals are not an ideal environment for the legal practitioner. Additional efficiency barriers include limited functionality and reporting, time-out issues and, critically for law firms, a threat that risk management and compliance could be compromised. In response to these shortcomings, Oyez Professional Services has developed the Oyez Gateway digital submission portal, a single independent platform that allows submissions to all relevant Government authorities. This will allow legal practitioners to collaborate and incorporate digital submissions into their current workflows using a common process across multiple government agencies. Ultimately this will lead to more efficient, lower cost submissions and the adoption of workflow collaboration will reduce the risk of submission rejections.
The first portal developed for The Oyez Gateway is the Companies House Charges Module (MR1-5, LLMR1-5), from an agency whose intent is to be 100% digital by 2019. It was designed with the twin principles of more efficient, lower cost digital submission and the enforcement of workflow collaboration which reduces the risk of non-compliance. The Oyez Gateway Companies House Charges Module has generated strong interest from larger law firms including two top ten practices who are looking to future proof their submission processes. The Oyez Gateway removes the risks associated with unsupervised submissions. An option was developed that allows a pre-elected authoriser to check and approve all submissions before they are sent to the receiving authority. Users also have access to a dashboard view of submissions, listed by their current status, and can share view links with relevant co-workers to bring them into the process. The general collaboration engine is enhanced for each specific area of e-submission, and for the Companies House Charges Module (it verifies company details against the receiving authorities register as the user enters the data, thus removing the risk of submitting incorrect details that could lead to rejection. Users can also view the attached legal instrument to ensure the correct one is attached. Human error is minimised through the Gateway ‘Duplicate’ feature by automatically transferring original data directly into the newly created copy of the initial document. By centralising the point of release for all submissions, the Oyez Gateway also neutralises any access issues caused by technical problems with the receiving government service. The Gateway can detect and notify all users of any changes in availability and submissions are held securely until they can be released. The Oyez Gateway also offers the elasticity of a UK cloud hosted service. It allows system users to be added, removed or updated instantly, and enhances security and reduces demand on internal infrastructure and IT resources. .
www.snels.org.uk
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Suffolk & North Essex Law Society
On-Site vs Cloud:
Why scepticism about cloud security is leaving law firms vulnerable On May 3, 2006 a data analyst at Veteran’s Affairs in the United States took home a laptop and external hard drive containing the unencrypted information of 26.5 million people. He had been taking sensitive information home with him for three years without problems. However, that night was different. That night his house was burgled and that laptop was stolen. The information that was on the stolen laptop contained names, social security number, birth dates, and some disability ratings for 26.5 million veterans and their spouses. It is estimated that the breach cost the VA between $100 million and $500 million but more importantly, 29.5 million people faced uncertainty and anxiety as a result of one organisations poor security policies.
One final thing – if you are still using Windows Server 2003 or Windows XP anywhere in your organisation you should hang your heads in shame. Both products are out of support and will not be patched for any new security threats. They are an open door for any potential hacker and the first thing they will look for if they want to break into your organisation.
Of course, lessons have been learned since then; sensitive data never travels on stealable devices; or if it does it’s thoroughly encrypted, yes? No. Of course it does and of course it isn’t. The fact is, all the same security weaknesses exist today, in fact we’ve even added new ones.
How safe is the cloud?
Why is this? Is it the cost? A reluctance to change? A degree of cynicism about hailed technology benefits? Or is it perhaps due to scepticism about the security of the cloud?
In order to be a successful cloud provider, resilient security is a must. Most cloud providers will spend heavily on ensuring their servers are up to date, that backup and disaster recovery measures are in place and that their servers are constantly monitored. Technological security is a core business activity; can you say the same for your firm?
As technology has evolved and improved, we have developed measures to improve data security. An always-on world and adoption of cloud IT has helped to drive much of this. However, lawyers are often late adopters of new technologies and cloud has been slow to penetrate the legal profession.
The fact is that I’m frequently questioned by lawyers as to the security of cloud services and my answer is always the same:
“What makes yours, better than ours?” Can your staff email sensitive data to themselves at home (via a private mail account)? Can they email sensitive data to accounts that appear valid, but aren’t? Can they send email to the wrong people by mistake? Do you allow the use of USB drives, thumbdrives or other portable media? Can documents be taken home on a laptop? What about mobile phones & tablets, what data might they hold? Do you have strict policies on data access which are enforced at every level, or can everyone see everything on your office server? How often are passwords changed and how hard are they to guess? Do people share accounts/passwords even though they shouldn’t? When was the last time you checked that none of our ex-employees don’t have usable logins/passwords for your network? And that’s just the risk from the staff, the biggest abusers of security policies in legal firms are the partners, who generally have the most access.
How is your on-site security doing? Every month Microsoft releases security patches for its software products; generally this occurs on the 2nd and 4th Tuesday of every month (known as “patch Tuesday”). That means that twice per month, important security patches for your software may become available. If your servers are in your office and under your management, are you updating them? Are you constantly monitoring them to ensure that you are up to date and protected?
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In my experience, the answer to both those questions is no and that is understandable. You are, after all, a lawyer and not an IT technician. However, ponder the fact that the US National Cyber Security Alliance found that 60% of SMEs are unable to sustain their business within six months of a serious cyber-attack. As a lawyer, you are in a position of trust. How much more important is it for you that you ensure you are protected?
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There is no way to be completely impervious to intruders. The lesson from the Hatton Garden robbery is that a determined intruder is difficult to keep out. However, in the technology industry it often comes down to numbers. How much can you afford to spend and how much will it compare?
It often comes down to the economics; a cloud business has to spend on security and that spend is shared across all its customers. Except for the largest legal firms, that sort of security spend is out of the question & remember - your people are often the weakest link. What are you looking for in a cloud provider?
Not all cloud providers are the same. If you want a service you can trust, you are looking for a provider that can boast the following: •
ISO27001 certified – this is the industry standard of data security and is updated every year. A company with this certification has had to prove they deserve it every year they’ve had it
• Disaster Recovery/Failover built in to their systems
• At least two datacentres available to each customer for failover options • Redundant/Resilient power and internet supplies at each datacentre • 2 Factor Authentication options for accessing data
• Logical and physical segregation of customer applications, configuration and data
Accept nothing less.
To find out more about how entrustIT are providing legal firms with industry leading security, visit www.entrustit.co.uk or call 0330-002-0045
Suffolk & North Essex Law Society
Guaranteed delivery. Same Day. Tracked. Safe. Call Redhead Couriers
0845 544 1888 www.redheadcouriers.com www.snels.org.uk
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Suffolk & North Essex Law Society
Your conveyancing searches
in safe hands Geodesys offers a full range of residential and commercial searches including environmental, Local Authority, drainage and water, flood, planning, chancel, energy and compliance.
For information telephone 0845 070 9109, email customer.services@geodesys.com 24 www.snels.org.uk www.geodesys.com
Problems Holding Up Your Transaction? Stewart Title Has The Solution
Here at Stewart Title many of our Underwriting and Business Development Team have experience of working in busy conveyancing teams so we understand the time pressures property lawyers are under. In order to help you we have spent a lot of time developing a new on line site which offers a wide range of the Title Indemnity policies you need and we are pleased to announce that our new Stewart Online Solution site is going live this summer. Stewart Online Solution is an intuitive system which allows you to order over 150 individual policies providing cover of up to £5,000,000 in 3 simple steps. The site will enable you to combine all the risks you need for a property within one quote and to benefit from a further discount for the combined premium.
Like our bespoke policies, Stewart Online Solution can offer cover for both residential and commercial properties in England, Wales, Scotland, Northern Ireland and Isle of Man. As part of our aim of providing a real solution to your problem; most of our existing use policies provide automatic 10% inflation cover for the first 10 years of the policy.
We realise that in many cases you need to get the approval from another party or their lender to the policy so Stewart Online Solution automatically generates a draft policy that you can save or email to other lawyers. Once you have that approval you just need to enter the commencement date and
issue the policy for cover to commence. If you can’t find the policy you need our Telephone Solution Team is ready to deal with your query or to order a policy for you. Where additional help is needed; our highly experienced Underwriting Team can assist and our bespoke policies are fully integrated with the new system. To make accounting and administration as easy as possible, the system allows you to keep all of your firms quotes, ordered policies, invoices and accounting history in one easy to access part of the site.
To get more information or to request a demonstration get in touch with me by email (robert.kelly@stewart.com<mailto:robert.kelly@ stewart.com>) or by phone (07415240703)
Stewart Online Solution. Designed with you in mind.
You told us you wanted a system that makes ordering title indemnity insurance fast and easy. With Stewart Online Solution you can access over 150 policies, obtain a quote and receive cover in just three simple steps. In addition, our experienced underwriters and Telephone Solution Team can be contacted from the system and are ready to help when needed. See for yourself. Visit stewartsolution.com, call 020 7010 7821 or email solution@stewart.com.
© 2016 Stewart. All rights reserved.
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Tap dancing your way to success
Suffolk & North Essex Law Society
Can management and leadership skills be taught and learnt? There are some people who think that skills such as management and leadership cannot be taught; you are either born with them or not, and that all leadership and management abilities are a matter of natural talent. Itâ&#x20AC;&#x2122;s as rational an idea as suggesting some people are born knowing how to tap dance. There is no such thing as natural talent. All achievement and success comes from learning, practice, and perseverance. Even so, the debate around the benefits of management and leadership skills training in the professional services sector is not as simple as it seems. Firms committed to developing the management and leadership capabilities of its employees must recognise the difference between basic management skills and the vision, humility, creativity, and courage required for effective leadership. Management skills encompasses identifying competencies, know-how and behaviours to develop good functional management. Whilst leadership relates more to the ability to create a vision which motivates individuals and teams to give their best performance,being able to lead change, and encourageinnovation. Partners should be encouraged to acquire at least baseline skills across the leadership and management spectrum and must be persuaded to accept that good management and leadership is absolutely crucial to success. Leadership roles are sometimes filled for a variety of reasons not necessarily related to identifiable leadership qualities such as age and seniority of service. Whilst management skills are rarely taught, but expected to be acquired through hands on experience, which whilst valuable, can be narrow and incomplete. The need for more and better abilities in management skills and leadership is bound to increase. The relentless pace of change, with increasing demands for compliance, better service, different regulatory structures, and the challenge of globalisation and competition, mean that those who manage or aspire to manage successful practices cannot be complacent about their own professional development in this area. The problem however, is that although these issues seem to be widely recognised in the Professional Service Firm sector, little progress is being made. Management and leadership deficiencies continue to be cited as causes of poor performance, and friction within firms. The reason why management and leadership skills training often fails is because fee earning is allowed to take precedence over training, with partners and fee earners cancelling training dates as soon as even the most minor client commitment intervenes.
Management training, so often regarded as â&#x20AC;&#x153;Soft skillsâ&#x20AC;? is not as highly valued as technical skills training, and there is insufficient recognition that most people only learn or change their behaviours because they want to and not to satisfy the will of others. Partners and fee earners who are sent on external courses are usually expected to share what they have learnt, but rarely get around to doing so (that pesky thing called fee earning gets in the way again) and most firms fail to have mechanisms in place to monitor this. There are a number of training providers, but the generic nature of the courses available means that the quality is mixed, and often lacks any practical application in the legal sector. In addition, it is often not sufficiently tailored to meet the specific needs of the individual or Professional Service Firm. Every Firm is different, and there is an overlap between strategy and training. The closer a Firm looks at its capabilities and overall performance, they uncover a range of training and development needs at every single level of the organisation. In our experience, a customised approach is often necessary to meet the needs which have been identified. These issues illustrate the common cultural and behavioural problems in many Professional Service Firms and emphasise what has emerged as accepted behaviours in the organisation. The problem areas are of course themselves issues of leadership. We offer bespoketraining in house to law firms on a wide range of management and leadership topics. WIGWAM member firms have benefited from collaborating to reduce the investment required for such training which has been designed to meet the needs of participating firms. We can`t teach you to tap dance, but we can help you to prepare for the challenges of leading and managing a successful modern law firm. If you would like help preparing your plan, please contact me. kwilliams@williams-wroe.com Tel: 0781 4499375 www.linkedin.com/in/kimberleywilliamswroe
www.snels.org.uk
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Suffolk & North Essex Law Society
10 questions to ask your outsourced cashiering provider Outsourcing is a strategy increasingly adopted by law firms eager to operate more efficiently and focus on their priorities of fee earning and business management. But, before engaging an outsourcing provider, careful screening is recommended. To help you, we’ve compiled 10 top questions…
1. Who will manage my account? As you’ll be working together closely, will a dedicated individual be handling your day-to-day tasks and is there an assigned deputy for absence cover? Also, who heads up the team? Over time, you’ll need to interact with your cashier, deputy and supervisor so chat over the phone or meet face-to-face to decide if you’ll get on well.
2. Do you have a proven track record in my industry? Specialist suppliers to the legal profession are well versed in how you work and the challenges you face. Check credentials, ask about service level agreements and request reference sites. Speak with a handful of these existing customers for honest feedback about service quality and overall satisfaction to assist your purchase decision.
3. What’s the status of your financial health and ownership? This is potentially the beginning of a long-term partnership. Probe into the supplier’s profitability, stability and longevity. You might want to review their balance sheet at Companies House as a starting point. Successful, independently owned, longstanding businesses are preferable for obvious reasons.
4. What are the costs to outsource? Secure detailed pricing up-front to avoid any nasty surprises from hidden costs later on. Do any add-on fees apply for various outsourced service components? What happens if your business changes? Will the service scale up or down alongside you? Finally, weigh up the final pricing structure against the inhouse alternative – employing staff and purchasing software – to get the total pricing picture. 5. What are your security measures? Enquire about encryption, firewalls, password protection, physical data centre anti-intrusion systems, regularity of software updates and back-up procedures. In the rare event of a security breach, what’s the provider’s response plan? How will they handle incidents and rectify any ensuing data or financial losses? Seek minimum ISO 27001 standards and a business continuity plan.
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6. How quickly can I get up and running? How long will it take to set up and configure your database in order to make the switchover to outsourced support? Likewise, for the supporting software package (if provided), what time period’s required for granting access and delivering end-user training? Along the way, is there a migration plan to ensure a smooth transition? Allow up to 6 weeks.
7. What are my minimum contract terms and how do I terminate? Life happens, circumstances alter and cancellation can become a necessity. What’s your escape strategy and who owns your data? Read the standard contract small print so you know exactly how long you’re committing yourself to at the outset. Your provider should act as custodians of your data so ensure you’re offered transitional assistance with data provided in an appropriate format for your retention if the relationship comes to an end.
8. What happens if I have a problem out of hours or receive notification of a compliance visit? The norm is 9am-5pm support with 24/7 system access for your accounts and matter data. If you’re informed of a compliance visit from a governing body, however, can you contact your provider for assistance preparing reports and other documentation? And, are they available during the visit itself should any queries arise? Any self-respecting provider should be willing and able to provide this type of back up, even if it’s over-and-above the normal call of duty.
9. What other outsourcing services do you offer? Some providers will have an extended range of offerings so you can take advantage of optimum outsourced support, for example payroll and pension management. If they offer software too, better still. ‘One-stop-shop’ provision takes convenience to a new league because you have one point of contact for everything.
10. Why should I outsource anyway? If you’ve got retiring, resigning or long-term absent employees, and if you’re just a tiny bit curious what positive impact outsourcing may have on your business, then begin your enquiries. Outsourcing isn’t always the answer but imagine the possibilities if it is. Julian Bryan joined Quill Pinpoint as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 35 years’ experience supplying outsourced services and software to the legal profession. To contact the Quill team, call 0161 236 2910, email info@quill.co.uk or visit www.quill.co.uk/cashiering.
Suffolk & North Essex Law Society
St Mary's ad Suffolk and North Essex Law Society Journal September 2016 137mm h x 183mm w_Layout 1 26/09/2016 16:17 Page 1
St Maryâ&#x20AC;&#x2122;s
Colchester
Happy girls are high achievers. A flying start to learning for girls and boys aged 3-4 in our purpose-built Kindergarten. Excellent academic results and opportunities for the arts, music, sport and adventure at our Lower School for girls 4-11 and Senior School for girls 11-16.
For more information: 01206 216420 www.stmaryscolchester.org.uk www.snels.org.uk
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Are you up-to-date on conveyancing risk and the latest changes in legislation? Join our industry experts at forthcoming CPD events
Learning outcomes ✔
Ensure compliancy with Law Society guidance on contaminated land, and drainage and water
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Develop your knowledge of the most common environmental issues arising in property transactions
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Learn how to identify the right report for the right transaction
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Share knowledge and tips with other delegates
Improve your understanding of the ever increasing range of property searches on the market
“Brilliantly delivered, personable presenters with a sense of humour” Derek Young, HKB Wiltshires
“Great informative session, great use of case studies” Gemma Casey, Clapham & Collinge
“Excellent subject knowledge & presenting skills” Amy Dunn, Flagship Housing
For more information on our forthcoming events please call Lauren Lieser on 07885 135314 or email lauren.lieser@geodesys.com.
Visit www.geodesys.com/events for our latest events and to book your place. There is no charge for these seminars and three-hours CPD points are awarded.
For information telephone 0845 070 9109, email customer.services@geodesys.com www.geodesys.com/events
Faculty of Arts, Law & Social Sciences
Anglia Law School
Suffolk & North Essex Law Society
Specialise in the growing field of Digital Economy law Digital Economy LLM 15-months full-time Cambridge Campus Start in January 2017 •
Gain critical insight into the opportunities and challenges created by the digital economy.
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Graduate as a specialist in Digital Economy law, with particular emphasis on competition, intellectual property, data protection, digital trade, cloud computing and social networking sites.
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Develop Digital Economy skills and knowledge for private practice, research and advisory roles.
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Benefit from a career-oriented course, tailored for law and non-law graduates as well as practitioners.
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Suffolk & North Essex Law Society
Effortless Training From 1stNovember 2016 the SRA will implement a new approach to ensure that Solicitors remain competent to practice. The annual 16 hours of CPD, will no longer be a mandatory requirement. As part of the changes introduced by the SRA, the Legal Services Board have removed the requirement for Solicitors to undertake the management course stage 1, and have moved to a competency based model. Instead the emphasis is on Solicitors assessing their own training needs, linking objectives to the organisation in which they work. Solicitors will have full responsibility to undertake training and development to ensure that they comply with principle 5 of the SRA Principles (2011) namely that they are able “to deliver a proper standard of service to their clients’ Solicitors will be required to formally verify their competency whenrenewingtheir practicing certificates (or via bulk renewals in some firms) confirming that they are“competent”to comply with Principle 5. The competence statement can be viewed here; www.sra.org.uk/solicitors/competence-statement.page The competence statement is generic and applies to all Solicitors, so a threshold standard was developed to set out the level at which the competences in the competence statement should be performed on qualification as a Solicitor. www.sra.org.uk/threshold and the statement of legal knowledge www.sra.org.uk/knowledge In a nutshell, Solicitors will have more flexibility and choice in what they feel is appropriate training, but must ensure that their choice is “fit for purpose” and covers management, interpersonal as well as technical skills. Since 1st November 2014, it has not been necessary for training to be provided by an accredited training organisation, meaning that the quality of such training can be variable. In some respects, empowering Solicitors to take responsibility for their own learning should enable them to learn information which they consider relevant to their needs, as and when they need it. Changes in technology and access to online information has encouraged some Solicitors to access independent learning resources.Those who access digital learning report that they value “ease of applying learning to their own career” and “ease of access” over other learning characteristics.* Although they may find online training engaging (fun to watch webinars?)this doesn`t necessarily drive the application of learning to the workplace, or encouragepeer networking and sharing.
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Professionals often have difficulty allocating the time required to learn or hone a new skill, or to put effort into practicing their newly acquired skills. To make the learning experience effortless, and maximize the potential for learning to be applied in the workplace, it`s necessary to really understand what learners value. Ensuring that training is designed around what learnerswant, and not just what the organisation needs, is key to enhancing employee performance. To do this, ask employees what their performance and career concerns are, and reflect these in your training strategy. One to one coaching may be more productive for employees who are reluctant to attend training sessions with their colleagues or peers, and who never quite get around to digital learning. Make it easier for employees to access learningby lowering barriers of eligibility for training, and rewarding those who commit to professional development, compared to those who only prioritise fee earning.Create greater transparency on how skills and experiences are adding value to the organisation. Empower employees to chart their progress through personal development plans, tailored to meet their personal needs.Make learning easier to apply to longer term career aspirations, and not only to meet immediate operational needs. Effective learning requires that learners make an effort to reflect change and behaviours, and this is more achievable when the training is meaningful to them personally. Finally, measure and evaluate the application of learning and its impact on performance. We can help you to identify and design a curriculum to provide an effortless development experience for your employees which meets the SRA competency requirements A, C and D, and will be offering a comprehensive training programme to our WIGWAM network from November 2016. If you would like help preparing your plan, please contact me. kwilliams@williams-wroe.com Tel: 0781 4499375 www.linkedin.com/in/kimberleywilliamswroe
Suffolk & North Essex Law Society
T: 01787 222 079
www.snels.org.uk
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Suffolk & North Essex Law Society
Vet charity PDSA launches nationwide Free Will scheme Veterinary charity PDSA, which provides care for sick and injured pets of people in need, has launched a nationwide Free Will service for pet lovers and is seeking solicitors to join its programme. The charity’s vets and nurses provide over two million treatments every year, helping 300,000 owners who would otherwise be unable to afford veterinary care for their pets. Two out of three of the free veterinary treatments the PDSA performs annually are funded by gifts in Wills, making the charity one of the UK’s most popular beneficiaries among legators.
Ruth Lister from PDSA says: “Legacies make up a vital part of PDSA’s funding. When we piloted our Free Wills scheme, we had a fantastic response from animal lovers who chose to leave a gift to us. This lasting legacy shows their love for pets by helping us provide our life-saving veterinary services across the UK.” PDSA will pay participating solicitors a fee to write a simple or mirror Will. Clients may then choose to leave a gift to PDSA in their Will, although this is not compulsory. The scheme will be promoted extensively in selected regions
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across the UK this summer, driving appointments with PDSA’s partner solicitors.
“PDSA has been saving, protecting and healing pets for nearly 100 years and we are one of the most popular animal charities to offer this free Will service,” said Ruth. “We hope solicitors will add us to their current list of Free Will charities, or work with us to provide free Wills for the first time.” PDSA’s offer of a free simple Will or Codicil is available to individuals or couples over the age of 50, with the opportunity for solicitors to build up ‘Will banks’.
Ruth added: “As well as the financial benefits of Willwriting services, this is a great opportunity to promote your corporate social responsibility by supporting one of the UK’s best-loved charities.” For more information about joining PDSA’s Free Will offer, please visit www.pdsa.org.uk/freewillor call Ruth Lister on 01952 797274.
WE MADE A PACT TO HELP ANIMALS I N 1995 A SMALL GROUP OF DEDICATED PEOPLE WITH AN ENORMOUS LOVE AND RESPECT FOR ANIMALS MADE A PACT TO HELP THEM. THEY SET ABOUT THE TASK OF RESCUE, REHABILITATION AND THE REHOMING OF THE UNWANTED AND ABUSED IN NORFOLK. NOW IN 2016 PACT IS THE LARGEST ‘ALL ANIMAL’ SANCTUARY IN EAST ANGLIA. PACT NOW CARES FOR OVER 1400 ANIMALS IN THE SANCTUARY AND IN 2015 MADE A DIFFERENCE TO ANOTHER 2200 LIVES OF ALL SPECIES HALF WERE WILDLIFE INCLUDING 580 BIRDS AND 550 HEDGEHOGS.
PLEASE WILL YOU NOW MAKE A PACT TO HELP ANIMALS WITH A LEGACY TO PACT? T he P ACT is als o be twe e n anim als and pe o ple as T he H e nry H allam T he rapy Ce ntre at the s anc tuary is de dic ate d f o r dis able d pe o ple and tho s e with e mo tio nal and le arning dif f ic ultie s to be ne f it f ro m a s anc tuary whe re the y c an inte rac t with anim als , and g ain o r re g ain c o nf ide nc e and s e lf - re s pe c t witho ut the ne c e s s ity o f c o m ing into c o ntac t with many pe o ple . P ACT is als o ac kno wle dg e d to be the be s t training g ro und f o r s tude nts o f anim al we lf are in the c o unty and e ac h y e ar we g ive wo rk e xpe rie nc e to 80 s tude nts f ro m lo c al s c ho o ls and ag ric ultural c o lle g e s .
PACT HAS A STRICT ‘NO KILL’ POLICY AND TRIES NEVER TO TURN AN ANIMAL AWAY BUT THE PRESENT FINANCIAL CLIMATE IS SUCH THAT WE ARE FULL AND THE ANIMALS DESPERATELY NEED YOUR HELP.
PACT ANIMAL SANCTUARY PEOPLE FOR ANIMAL CARE TRUST (PACT) RIVER FARM WOODRISING, HINGHAM, NORFOLK NR9 4PJ CHARITY REGISTRATION NUMBER 1154444 TELEPHONE 01362 820775 www.pactsanctuary.org
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