In Touch - Suffolk & North Essex Law Society Magazine by EPC Studio

In Touch The Official Magazine of Suffolk & North Essex Law Society

The Official Magazine of Suffolk & North Essex Law Society

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Contents 5

A Message From The President

Tel: 0151 651 2776 simon@epc.gb.com www.epc.gb.com

From the Council Meeting

Council Members Report

Advertising/Features Simon Castell Christine Kettle

The CON29DW

Junior Lawyers Division & Aspiring Solicitors

Legal Aid News

Design Matt Wood East Park Studio

Law Advice Centre Review

DNA - The True Test to Any Relationship

Accounts Michaela Hogan

Can I Get A Witness?

Care - The Muddle

Law Society Eastern Regional Review

A Fair Share for a Fixed Share

CPD - An evolving Landscape

Select CPD Course 2014

PRO/PLOâ&#x20AC;&#x2122;S Piece

Quill Pinpoint - Timely Outsourcing Guide Helps Law Firms to Work Smarter

Key Account Manager Denise Castell

Media No. 1111 Published February 2014 Legal Notice ÂŠ 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.

Suffolk & North Essex Law Society

EAST PARK COMMUNICATIONS Ltd. Maritime House, Balls Road, Birkenhead, Wirral CH43 5RE

Issue 2 Spring 2014

31 The Challenges for University Law Schools

www.snels.org.uk

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A Message From Our President

Officers of the Society

Vice President Philip Hoddell Birkett Long, Colchester Tel: 01206 217320 Fax: 01206 711348 email: philip.hoddell@birkettlong.co.uk Deputy Vice President Nigel Farthing Birketts, Ipswich Tel: 01473 232300 Fax: 01473 230524 email: nigel-farthing@birketts.co.uk Honorary Secretary Neil Grigg Greene & Greene, Bury St.Edmunds Tel: 01284 717422 Fax: 01284 705739 email: neilgrigg@greene-greene.com 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 Jonathan Ripman Gotelee, Ipswich Tel: 01473 298140 Fax: 01473 230387 email: jonathan.ripman@gotelee.co.uk

Suffolk & North Essex Law Society

President Penny Brice Rudlings Wakelam, Bury St. Edmunds Tel: 01284 755771 Fax: 01284 762436 email: penny.brice@rudling-wakelam.co.uk

nother three months has flown by. The PII rush is now over and we all read in the Gazette of the ‘High Street Cull’ of 136 firms as a result of not being able to renew their PII. I am not sure how accurate this figure is as I know that some of the firms on the list have merged with others so simply have not needed to renew. The economy seems to be picking up and certainly I see the level of work coming in to my practice increasing, which (fingers crossed) suggests that this year is going to be better than the last few. So aside from all the issues surrounding Legal Aid, which is being cut to the bone, everything seems to be more positive. However, it has become clear to me that whilst more work is coming in, clients are also becoming more demanding and expectant of a higher level of client care from us. No longer are people grateful simply to be given the advice they need, they now expect it to be given in a speedy and efficient manner. We are being brought into the modern business world (kicking and screaming on occasions), but this can only be a good thing.

Penny Brice,

President Suffolk & North Essex Law Society

Dates for the Diary Thursday, 27th February 2014 26th Annual Essex Law Lecture by Richard Howitt, MEP – University of Essex

Monday, 17th March 2014 Vice President’s Cocktail Party – Birkett Long, Colchester

Education & Training Officer Lisa Collins Birkett Long, Colchester Tel: 01206 217361 Fax:01206 711386 email: lisa.collins@birkettlong.co.uk Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich IP6 9UN Tel/Fax: 01449760731 email: snels@topcopysec.co.uk

Wednesday, 2nd July 2014 SNELS AGM – Gotelee Solicitors, Ipswich

Friday, 21st November 2014 President’s Annual Dinner – The Moot Hall, Colchester Town Hall

Future Council Meetings for 2014: 17th March 2014 19th May 2014 17th September 2014 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 Chambers CM Activity Attended TLS Council 10th/11th December 2013 and SGM 17th December 2013. Attended CMC 15th January 2014. Attended Property Section Executive 26th November 2013. The TLS Property Section Executive Committee Meeting was held on 23rd January 2014. The next TLS Council is on 12th February 2014.

Summary Criminal Legal Aid The major issue this month for Council has been the Criminal Legal Aid and SGM issue. Thus much of my report is devoted to this. Members of TLS met in Chancery Lane on 17th December 2013 for an SGM to consider a motion of no confidence in TLS leadership. The motion related to the strategy adopted by the Law Society to influence and ameliorate the government’s criminal legal aid proposals. 450 Members of TLS attended and voted (out of approximately 166,000 members….). Essentially there were three key groups present at the SGM being; James Parry and his supporters, TLS and the Haldane Society. The motion was narrowly carried by 228 votes to 213 votes, with 9 abstaining. Thus a majority of 15, or about 3.5 % of those who attended and voted, or, put in another perspective those attending and voting in favour represent, by number, about 0.01 % of all TLS members . TLS issued the following statement: ‘The Society lost (today’s) vote by a narrow margin of 228 to 213. We have listened to our criminal legal aid members. There are lessons to be learned and we will reflect on these developments.‘Council will be considering the outcome today. Our immediate priority is to continue to influence the Ministry of Justice in our members’ interests. We will continue to make it very clear to the Lord Chancellor that we remain opposed to cuts.’ In the subsequent Council meeting that convened to consider the implications of the SGM, Council Members comments included: • Members, including Council members, had not been kept informed of the negotiations with the Lord Chancellor while they had been ongoing; many members knew little about what the Society did and there was a need to improve engagement and communication rather than to present members with a finalised position and assert that it was the best possible outcome; • The Society was in a ‘no-win’ situation as it could be equally criticised if it had taken no action as for the action it had taken; • The vote on the motion had been very close and so did not indicate widespread disagreement with the Society; there had been several politically motivated members at the SGM who were not particularly interested in legal aid; • The SGM had generated interest in and engagement with the Society which could be built upon; the debate should be posted on the website and the attendees could be contacted and encouraged to continue engaging with the Society;

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SNELS Council Member Report Chancery Lane: January 2014 • A ballot should be held to see whether the majority of members supported the Society’s policy on criminal legal aid; this would demonstrate that the Society was listening to its members; • It was not enough simply to tell members what the Society was doing - members’ views should also be sought; the Society’s communications sometimes appeared arrogant & self-congratulatory; • Members needed to understand what the Society did and what it could realistically be expected to achieve; the Society campaigned on behalf of its members but could not always be successful; • The Council should debate its purpose and how best to achieve it, even if this meant radical reform; members needed to identify the Society as the leader of the profession; • It would have helped to have more criminal practitioners rather than officeholders speaking at the SGM in support of the Society; • Some members were happy to criticise the Society but did not want to engage with it or to listen to its arguments; • It would make no sense to hold a ballot on the Society’s policy when only around 7,000 members out of a total of around 130,000 were criminal legal aid practitioners; it would also prolong the debate unnecessarily; • There needed to be a way to persuade members who were not keen to do so to engage with the Society; simply keeping them informed was not enough; • It was a shame that mediation had not been possible as there was little difference in the positions of the Society and the members who had submitted the request for the SGM; • Many members were not aware of the campaigns run by the Society, despite the communication strategy; better publicity was needed; • In order to influence the government the Society needed to learn how to harness public opinion; • There was a degree of mistrust of the Society among parts of the profession, while others did not understand its purpose or did not think it was fit for purpose; • It might be possible to improve communication by revising structures, such as the way the Society interacted with local law societies; better engagement was needed at a local level and with the wider profession rather than certain segments of it; relationship managers and local law societies needed more support and Council members should keep in touch with their constituents’ concerns; • The Society needed to communicate what it was doing to fight against negative issues as well as promote positive stories; • The Society needed to rebuild damaged relationships with parts of the profession and other stakeholders; and to recognise that practitioner bodies wanted to work with the Society rather than compete with it; • The Society should have included a member of the criminal legal aid practitioner community in discussions with the Lord Chancellor; the SGM had arisen as a result of that community feeling unable to voice their concerns;

• The Society should take time to consider its response to the SGM outcome rather than rush to take action; • The Society’s public relations needed to be improved, particularly its press releases; external expertise might be useful;

• Engagement could be encouraged by including in the website an area where members could submit their views on issues; • Too much of the Council’s business was classified confidential, leading members to distrust the Society; • The Society could rebuild trust with members by providing more free services. TLS has an established system of member engagement. Criminal lawyers had been consulted on the Society’s actions via the Criminal Lawyers Association (CLA) and the Access to Justice Committee, while decisions had been taken by the Legal Affairs and Policy Board (LAPB) and TLS Council, both of which included several criminal lawyers. It is necessary to improve communication with members, win their trust and make use of the enthusiasm demonstrated by members regarding legal aid but also to remember that TLS to represent the profession as a whole and not just small groups of it. The Council in noting the outcome of the SGM, nonetheless expressed its continuing confidence in the President and CEO but further recognised recognise the need to improve communication and trust with the profession, while reaffirming the role of solicitors as defenders of justice. The SGM had been an opportunity for TLS to be better, to reconsider and to reflect. TLS will now every member who attended the SGM to seek their views in writing on the criminal legal aid policy. TLS remains in negotiations with the Government on the flat fee for attendance at police stations across the country and the changes to the fee structure regardless of the plea entered in the Magistrates Court. The President has written to LC about consortia. In summary TLS has to communicate its position on criminal legal aid without being excluded from discussions with the Lord Chancellor. It is accepted that improvements nonetheless are needed to TLS communication strategy with Members.

LEXCEL The proposed approach for updating the Lexcel standard (v6) was presented at the Lexcel annual conference on 23rd October 2013. It will involve consultation with multiple stakeholders, which is anticipated to start in January 2014. The proposed approach to updating the Lexcel standard include three elements: • Creation of a uniform Core Practice Management Standard (CPMS) - Firms would therefore have options to attain CPMS only, CMPS + Lexcel, CPMS + CQS, CPMS + WIQS. • Consult on new provisions to be added into Lexcel (non-CMPS) for example, outsourcing, mobile/cloud computing or diversity. • Segment the Lexcel offer - benefit members by varying the offer to better reflect firm size, and UK domestic, in-house and international firms.

From 4th September to 5th November 2013, the total number of calls to the Support Centre was almost 25,000. Of these calls 3,274 callers selected the option to speak to the SRA, 5,506 to the Find a Solicitor Service and 744 to the Practice Advice Service. The remaining calls to the Support Centre were dealt with by the Customer Service Officers who resolved 26% of these queries at first point of contact. This figures have seen a steady increase since the Support Centre opened on 1st July 2013.

Sections Focus during Autumn 2013 was on delivering high quality products and services to section members including six seminars, four conferences, three editions of Section magazines, 12 webinars and 13 e-newsletters. A marketing campaign is well underway to attract new section members and to renew current membership for 2014. This year’s campaign introduces a number of changes including more compelling and consistent literature, better articulation of the value of section membership, and more efficient payment options.

Divisions TLS has been focusing on improving the relevancy and the targeting of content, support, and career materials for the free to member divisions. This includes enhancements to the division websites, the delivery of extra content and features through regular e-newsletters, and improvements to the CPD and webinar schedule.

Roger Buston - TLS Council Member SNELS, Asher Prior Bates Office : 01206 768331 Mobile : 07770 305977 email : buston@apblaw.co.uk More than 100 years’ experience of preparing girls for the future

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Wills and Inheritance Quality Scheme (WIQS) Application forms and guidance notes for WIQS were issued to the pilot firms and made available on TLS website in the last week of September. The application form and guidance notes have been significantly improved, taking on board lessons learnt from the CQS accreditation process. The application form has been set up as an electronic form to be submitted by email.

Please contact our Registrar, Mrs Justine Tierney on 01206 216420 St. Mary’s Lower School, 247 London Road, Copford, Colchester CO3 8LT. St. Mary’s Senior School, 91 Lexden Road, Colchester CO3 3RB.

www.snels.org.uk

Suffolk & North Essex Law Society

• The SGM had resulted from the criminal legal sector feeling under threat; the outcome of the SGM should be heeded and the Society should continue to fight for a workable criminal justice system, supporting its members and asking how it could improve this support;

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Suffolk & North Essex Law Society

JUNIOR LAWYERS DIVISION The new Committee was elected in November 2013 and is made up of representatives from 4 firms. We had a great turnout at our first event under the new Committee, which was a New Year’s drinks social at the Quayside bar in Ipswich. Around 20 junior lawyers from firms in Ipswich, Colchester and Bury St. Edmunds attended the event and it was great to see so many there. Our February event is currently being organised, but details will be circulated very soon.

The SNEJLD is open to law students through to solicitors with 5 years PQE and membership is free. It is a great way to meet other young lawyers in the area and we are always keen to have new members join us. If you know of anyone that might be interested in joining and would like more information, then please do not hesitate to contact me on the email address below. Jess Piper Chair of the SNEJLD Email: jessica.piper@ashtonkcj.co.uk

For up to date information on future events, please check our website – www.snejuniorlawyerswordpress.com – and join the mailing list. You can also ‘like’ our Facebook page and follow us on LinkedIn. The links to these groups can be found under the ‘Join’ section on the website.

Aspiring Solicitors Aspiring Solicitors is a unique organisation committed to increasing diversity throughout the legal profession. It will achieve this goal by providing increased access, opportunity and assistance to aspiring solicitors from underrepresented groups in the profession whilst also raising awareness of the importance of diversity. The free service is targeted at undergraduate and postgraduate students and is founded by former Norton Rose Fulbright corporate solicitor, Chris White. Chris is originally from Colchester and attended The Gilberd School and Colchester Sixth Form College before studying his degree at the University of East Anglia. Chris gave up his role at Norton Rose Fulbright in January and is now running Aspiring Solicitors full-time from his home in Dedham. Aspiring Solicitors will increase diversity in the profession by working with a cross-section of legal organisations throughout the profession, from Magic Circle firms to small regional practices, and from large inhouse banking teams to academic providers. Chris has secured 10 Founder Members, including the local firm Attwells (others include Freshfields, Barclays, Norton Rose Fulbright, Hogan Lovells, Clyde & Co, Dentons, LexisNexis, Wragge & Co, and Accutrainee). It is now also looking to add Affiliate Members to the organisation. Affiliate Members and Founding Members will commit to provide increased access, opportunities and assistance to aspiring solicitors from underrepresented groups, for example, via workshops, lunches, open days or work placements. What is essential to Aspiring Solicitors is that it is recognised as a profession wide organisation and not “City” specific. Chris recognises that diversity is an issue that impacts the whole profession and therefore wants to ensure that he increases diversity throughout, not just one section of it. Aspiring Solicitors will draw on assistance from volunteers in the legal profession - “Professional Ambassadors”. These legal professionals will offer assistance and mentoring to aspiring solicitors from underrepresented groups and thus provide them with “contacts” in the legal profession and additional professional assistance to that offered by careers advisers.

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Aspiring Solicitors targets all “underrepresented groups” in the profession. Therefore, it does not just consider those of an underrepresented race or gender, but it also focuses on aspiring solicitors, for example, who have been state educated or who graduated from a “non-redbrick” university. Since September 2013 (when Aspiring Solicitors was launched) Chris has appointed Student Ambassadors at over 45 universities across the UK, including the University of Essex. Student Ambassadors and Representatives promote Aspiring Solicitors (and consequently diversity) in their institution. This is completed through 5 key Headlights (i) academics (ii) employability (iii) pro bono (iv) sector awareness and (v) equality, diversity and social responsibility. Chris considers these to be essential to the career of any aspiring solicitor. Also assisting Chris in the organisation is Joanne Cameron, who is originally from Suffolk and completed her legal training with Ipswich firm, Gotelee Solicitors. Joanne now specialises in discrimination law at Pattinson & Brewer Solicitors in London and is as passionate as Chris to improve the diversity of the profession. Commenting on the organisation’s growth to date, Chris White said “Aspiring Solicitors has only been operating just under 5 months now so to have such amazing Founder Members and Professional Ambassadors on board, as well as Student Ambassadors and Representatives from so many Universities, is a great validation of what we are trying to achieve. The website that launched on 27 January will help us to build on the strong start we have already made and I am tremendously excited since resigning from Norton Rose Fulbright about being able to focus all of my efforts on building upon this positive momentum we have generated. The more organisations, individuals and students who come on board, the stronger we will be moving forward towards increased diversity in the legal profession” . For further information, please visit the website www. aspiringsolicitors.co.uk or contact Chris on 07710533295/chris@ aspiringsolicitors.co.uk.

Legal Aid News All of this comes at a time where there have been strikes and demonstrations outside criminal Courts, with our own practitioners playing a part in a campaign very much led by the Bar. Trials are at risk and the Government has countered by expanding the Public Defender Service, which only heightens the concern as to the independence of that organisation. The number of social welfare law contracts in this area continues to drop. It would be interesting to see how many firms put forward tenders for the new contract for community care, with the last social welfare law contracts coming into force in October, the same time as the proposed ‘transformation’ of criminal legal aid.

Suffolk & North Essex Law Society

As the Government intensifies the cuts across the justice system, including legal aid, it has been remarkable to see practitioners fighting these at all levels. The Legal Aid Practitioners Group is working closely with the All Party Parliamentary Group (APPG) and a new grouping is shortly to be announced including the Law Society, practitioner groups and campaigning organisations. Meanwhile, there is also increased concern about delays in grant of legal aid, constant queries about means tests and eligibility, making life all the more difficult! It is perhaps significant that the Legal Aid Agency had to announce, despite their claims to the contrary, that the new online system for lodging applications will be delayed because the pilot firms had reported that it was impossible to see, let alone record, what application had actually been submitted. This will be my last contribution to the newsletter, and I wish all those members both practising and supporting legal aid, the very best for the future. More info from Chris Graves, Fisher Jones Greenwood LLP Chris Graves Email: cgraves@fjg.co.uk January 2014

Legal Aid Roadshows Update A letter from Nicholas Fluck Dear Colleague, I would like to provide you with an update on the legal aid roadshows the Law Society has been doing around England and Wales to speak with and listen to criminal practitioners. Please feel free to share this letter with your members. After the SGM the Law Society made a commitment to engage more with our members. As a result, since the start of the year the Vice President, Andrew Caplen, and our Head of Legal Aid policy, Richard Miller, have made a number of visits around England and Wales and our Chief Executive has visited Manchester. They have been made very welcome and the exchange of views has been frank and constructive. Although it is clear most of the attendees recognise the political realities we are all facing, the loudest message we have heard is our members are concerned about two-tier contracts. We have been able to tell them we have never sought a two-tier arrangement for duty solicitor contracts. In the face of the Ministry of Justice’s desire to ration the number we have pushed for an evidence-based analysis of the market and insisted that as many contracts as possible are available, there is maximum flexibility in terms of business models and final decisions are take on the basis of independent evidence from KPMG and Andrew Otterburn. If the evidence shows there is an unacceptably high risk to our members, then the Government will need to reconsider their proposals.

We are also hearing you wanted us to gather all the evidence against the cuts together in one easy accessible place. We have done that. You can find a link to our webpage demonstrating how the evidence supports Law Society arguments here. Please forward the link to your members. As we fight to secure further changes, we are determined to do more to reach out to as many members as possible. We appreciate the time members have taken to come and speak to us and I promise you that we are taking into account the wide variety of views we hear from the criminal practitioners who attend. The greater the input from our membership, the stronger we are in fighting the cuts that threaten our profession, and our ability to serve those in need of its services. Andrew and Richard will be continuing with their meetings. Future events are planned for Brighton, Liverpool, Peterborough, Exeter and Cornwall. If you would like to find out more or would like the office holders to visit your region, please contact our senior relationship manager, John O’Brien, on 020 7320 5876 or by email at john.o’brien@ lawsociety.org.uk.

Nicholas Fluck President of the Law Society of England and Wales

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Law Advice Centre Drinks Reception Held on Thursday 30th January 2014 Hosted by Jonathan Ripman, Consultant Solicitor, Gotelees Law advice centre thanks local lawyers for giving up their time to help disadvantanged Suffolk residents The Law Advice Centre, which provides free legal advice from legal professionals, held a drinks reception to thank their volunteer legal advisors and supporters, without whom the Centre could not function. The Law Advice Centre is committed to facilitating ‘access to justice’ for everyone; especially those most disadvantaged in our community. Twice a month, Suffolk residents can access half an hour’s legal advice, from local lawyers who volunteer their time. Feedback from a recent client: ‘I feel much more confident that my case shall be successful. A great deal of stress has been lifted from me.’ Ann Barber, Law Advice Centre Officer says: ‘our aim is to increase our pool of legal volunteers and secure sufficient funding, to both increase the provision of advice and sustain the Centre long term. The evening was well attended and a great success. Since the reception, we’ve had 15 new volunteers from Ipswich solicitors and barristers. We also received £1,000 funding from the Eastern Legal Support Trust on the 30th January, which was the icing on the cake.’ Every first and third Thursday evening, Suffolk residents can access half an hour’s legal advice, from local lawyers who volunteer their time. The Law Advice Centre is committed to facilitating ‘access to justice’ for everyone; especially those most disadvantaged in our community.

In April 2013, the scope of civil cases for which Legal Aid is available was drastically reduced, predominantly in social welfare cases. The Centre goes some way to fill the resultant gap in advice services, but is reliant on funding from charitable sources. The Law Advice Centre offers advice in the following areas: criminal law; dispute resolution; employment law; family law; mental health law; personal injury law; wills and probate law and small claims. For further info please contact Ann Barber ann@iscre.org.uk

By kind invitation of your Vice-President and Council All Solicitors in the Society are cordially invited to a

Cocktail Party on Monday 17th March

5.30 p.m. – 7.00 p.m.

RSVP to Admin. Sec. by e-mail to snels@topcopysec.co.uk

to be hosted by Birkett Long Essex House 42 Crouch Street Colchester Essex CO3 3HH

DNA - the true

test of any relationship

But it is the application of DNA testing to family law where the technology has found its greatest proponent. Television programmes such as ‘Trisha’, ‘The Jeremy Kyle Show’ and various soap operas have made DNA testing accessible and acceptable to the general public.

The use of DNA profiling is now embedded as a key tool for the legal profession and new applications of the technology will support case-work for several years to come.

Not unsurprisingly, many family law, inheritance and social services cases are now being resolved satisfactorily by use of DNA technology, as the possibilities for the accurate determination of close biological relationships become understood by a wider audience.

Dr Neil Sullivan, General Manager, Complement Genomics Ltd (trading as dadcheck®), is a company accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969”.

The majority of cases requiring a DNA test are those where we are trying to prove that a tested male is, or is not, the true biological father of a tested child. To establish paternity the DNA is extracted from a few cells taken from the buccal cavity, a painless and noninvasive procedure. The DNA is then examined for regions of similarity between the tested persons. A DNA test report will then confirm that the tested man is (with a certainty in excess of 99.999%) or is not the biological father of the tested child (with 100% certainty).

Suffolk & North Essex Law Society

The use of DNA testing is a fine example of the devolution of complex technology into our society, through testing for ancestry (the recent exhumation of Richard III is a good example), to testing for possible criminal activity in forensics and the use of DNA technology to identify and quantify horsemeat in beef.

* http://www.justice.gov.uk/courts/paternity-testing/paternity-test

The dadcheckgold service can be contacted on

0203 603 1323. The website for professional use is: http://www.dadcheckgold.com

The Ministry of Justice provides a list of companies who it has accredited for section 20 paternity testing, by virtue of running laboratory services which meet the stringent ISO 17025 standard. If you are intending to order a DNA test on behalf of a client, for any purpose, then it is strongly recommended that you choose an accredited supplier such as dadcheck® from this list (*see link below). Staff at our dadcheckgold.com service, which is designed for family lawyers and social services, will be pleased to guide you through the DNA testing procedures, including sample collection. A key issue is that in order to carry out a DNA test, we must have ‘appropriate and qualifying’ consent, since this activity is regulated by the Human Tissue Act, 2004. This means that we require such consent from each adult party to be tested and if the test involves a child under 16, then we must have consent from a person with parental responsibility for that child. This is generally the mother, but may be the father under certain circumstances or indeed some other body (sometimes jointly shared with the parents), such as the local authority. DNA technology can be just as useful for deciphering other biological relationships, e.g. in cases where the parents are not available we can establish a presumed parentage via use of grandparents or uncles and aunties. While the figures for relatedness will not be as strong as for a direct paternity test, we can often gain probabilities of relatedness of 85% to 95%, which can be a very useful supporting figure when taken together with other evidence.

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Can I get a witness? The Jackson reforms and their new emphasis on overall case costs and adherence to court timetables has changed the way parties approach the use of expert evidence, argues Amanda Stevens, Partner at Irwin Mitchell and Expert Witness Institute Governor. Here, Amanda shares her tips on how expert witnesses can thrive in the post-Jackson regime. What evidence is there that the courts are taking a tougher stance towards EWs post-Jackson? We are only currently aware of one case where the courts decided not to allow expert evidence as it was decided that the costs were not proportionate. Generally there are a few cases indicating a much more robust attitude and a lot of judges will no longer tolerate even minor procedural slips. It is still early days and there are many who think some of the judgments reflect far too much the letter rather than the spirit of the law. It will be interesting to see if the Court of Appeal gives further guidance when it hears some of the Jackson appeals.

In what way has the role of the expert witness changed and will it continue to change? I don’t think the role of the expert has changed, rather the way in which the parties consider the use of expert evidence. There is far more emphasis on the overall cost of the case and only putting a proportionate amount of time and effort in to preparing a case. The one exception to this is the concept of ‘hot-tubbing’, which will change the role of expert evidence in the courtroom, but we don’t have much experience of this yet. Experts will have to get used to being far more willing to give estimates of their total expected time commitment to a case and the likely costs that will be involved because the courts will demand this. Giving an indication for costs of the first report will not be sufficient.

Do expert witnesses now need a greater understanding and appreciation of budgeting before going to court? Absolutely. They need to see their work as part of a team with their instructing solicitor and whilst their views will be unaffected by those who instruct them in all other respects, they must co-operate as a team player. Those who can’t step up to the plate and embrace that change are likely to find their relationships with their instructing solicitors tense and could lead to a lack of referrals in the future. Some solicitors have learned the hard way that failure to set an appropriate budget in advance and notify the courts of it at the requisite time can result in a massive write-off against their files as budgets won’t be retrospectively approved.

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The courts are now insistent on sticking to strict deadlines – could this cause issues relating to the delivery of expert reports? Emphatically yes! Solicitors should be supplying the court timetable to their experts when they receive it. The judiciary have made it plain that they will not tolerate delays. The penalties can be really harsh, such as the evidence being struck out if it’s not delivered on time.

Are there still grey areas in the guidance for instructing expert witnesses? The Civil Procedure Rule Committee is revisiting the guidance that was produced by the Civil Justice Council some time ago. Its response should be available early in 2014. This is likely to address aspects such as budgeting and hot-tubbing as well as reinforce general principles. There still seems to be a lot of uncertainty around the joint statement process but because of varying practices of different law firms it doesn’t seem that there is a ‘one size fits all’ approach. But experts need to be vigilant to ensure that the process does not fall foul of the boundaries which do exist in the Civil Procedure Rules.

What can expert witnesses do to survive and thrive in this new costs regime? Get on top of knowing how to price your work. Ensure strong administrative back up so that reports can be turned around on time. Only work with instructing lawyers who you can trust. Continue to be up to date with training. Try to get news feeds on how the courts use their new case management powers to govern expert evidence. Amanda Stevens is also a Member of the Civil Procedure Rule Committee. •

Legal notice

• Accessibility •

Freedom of information

Robin C Walker ‘Hamilton’, Vine Grove, Uxbridge, Middx UB10 9LW Tel/Fax: 01895 252114 Mobile: 07711 566412 Email: trampman.r58@gmail.com Web: www.robin-walker.com

Falcon House, 3 King Street, Halstead, Essex, CO9 3ER

Over 50 years experience in Trampolining. Founder Member - British and International Trampoline Federations. Former Hon Secretary, Chief Executive, Technical Director, Staff Tutor and Examiner of the British Trampoline Federation. British Gymnastics Master Trampoline Coach. Developed several British and one European and World Champion. Author of ‘Trampolining for Coaches and Performers’ and ‘Trampolining, Beginner to Competitor’ and numerous articles on Coaching/Safety. Developer of the Sports first Official CODE OF PRACTICE. FORMERLY A SkILLED PRACTITIONER.

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Tel: 0207 193 2053 (Skype) Fax: 0709 2874623 (yac) emai: jenny.trevor@highway-law.co.uk website: www.highway-law.co.uk Highway Law Services provide expert assistance in all highway related matters to both the public and private sector. Expertise extend to: • Public rights of way (footpaths, bridleways, byways, restricted byways • Boundary, status and/or obstruction disputes • Maintenance liability for the whole network • Reinstatement compliance un the New Roads and Street Works Act 1991 and associate legislation • Trafﬁc Management, Design and Orders • Implementation of Cycle Tracks/Paths/Ways Vetted Expert Witness Registrations: • Sweet and Maxwell Directory of Expert Witnesses • UK Register of Expert Witnesses

13/12/2013 12:50

Alan Cameron MA, MCh, FRCS Consultant Surgeon

• Involved in the preparation of medical reports since 1989 and attend Court as an expert witness. • Sat on complaints enquiries for NHS Trusts • Retired from NHS practice to continue in private practice and medicolegal work. • Claimant/defendant split is 75:25 • Happy to do ‘short reports’ for a fixed fee • Most examinations are carried out in Ipswich, but arrangements can be made to travel elsewhere. • Areas of expertise are general surgery but special interests are vascular surgery, sympa thectomy & hernia.

Nuffield Hospital, Foxhall Road, Ipswich, IP4 5SW Tel: 01473 279100 Fax: 01473 279112 eMail: alan.cameron@talktalk.net Sec: 077807 621619 Mob: 07792 470667 www.snels.org.uk

Suffolk & North Essex Law Society

LEGAL EXPERIENCE: 32 YEARS AND OVER 200 CASES. EXPERIENCED IN GIVING EVIDENCE IN COURT FOR TRAMPOLINE RELATED ACCIDENTS FOR PLAINTIFF/DEFENDANT Bond Solon, Cardiff University Expert Witness Certificate 2007 Sample comprehensive trampoline accident questionnaires available.

Suffolk & North Essex Law Society

The President’s Annual Dinner 2013 The President’s Annual Dinner was held last November in the splendid, festive surroundings of The Pavilion at Ravenwood Hall, Rougham, near Bury St. Edmunds. We enjoyed a delicious three course meal and entertainment by magician, Olly Day, and comedian, Kevin Woolley. The Dinner was very kindly sponsored by J M Finn, Lovewell Blake, Aon U.K. Limited and Wesleyan Financial Services.

Company Commercial and Commercial Property Lawyers – Partnership Prospects Bury St Edmunds Gross & Co, a long established and highly successful firm of Solicitors in Bury St Edmunds, is looking to recruit ambitious Company Commercial and Commercial Property Solicitors for future partnership roles; at least three years post-qualification experience required; immediate partnership prospects may be available to candidates with full or part followings; candidates without followings are also encouraged to apply. These are great long term opportunities to work in a beautiful market town in a well established and successful practice. Please send CV’s to:Graeme Kirk Senior Partner Gross & Co 83/84 Guildhall Street Bury St Edmunds Suffolk IP33 1LN

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Suffolk & North Essex Law Society

Care – The Muddle Angela Gifford, MD. Able Community Care Ltd.www.uk-care.com

Home care for elderly people can be accessed from two financial directions. Either the Government pays/part pays or individuals pay from their own funds. In reality, the amount of home care that Government is paying for is decreasing. Five years ago the majority of councils would pay for low, moderate, substantial and critical care. In 2013, 80% of councils will now only fund substantial or critical care. Many councils purchase home care on behalf of people being financially assessed as being able to contribute and five years ago the majority of the councils had a financial cap limiting the amount.

In the mix of who pays for care is a third party; the NHS. Under the NHS Continuing Care package, many older people with specific clinical needs, e.g. Alzheimer’s Disease, palliative care needs, etc. can apply to have their care paid for by the recently formed Clinical Commissioning Groups. The muddle of the care system for those trying to find a way through, is confusing and frustrating. Solicitors for the Elderly and specifically qualified financial advisors in products and investments relative to the payment of aged care bills are available to help find a way through the maze.

These financial caps are now being removed or the level of the cap is raised, the average cap now being £297.50 per week. Only 39 councils in England currently operate a weekly cap, all councils in Wales operate a cap of £50.00 per week and personal care in Scotland and Northern Ireland is free. It may be the case that in some areas of England, having care via a council contract is more expensive than purchasing home care privately from a local care agency. Purchasing private home care may also give more flexibility and choice. Many people choose to move into a care home. The current Government proposal is to set a cap on the amount of care home fees that a person has to pay. In effect this is not quite as it seems. What the cap will actually apply to is the cost of the personal care that a person will receive but does not cover accommodation or food costs. As care home costs are made up of these three factors, in effect older people and their families will have to pay around £150,000 upwards before they reach the cap of the suggested £75,000 relating to personal care costs. An example is that in some areas you may have to pay for upwards of two years before you reached the level of £75,000 re. personal care and after that you would still have to pay accommodation and food costs. Estimates are given that only 10% of older people going into care homes will benefit. The idea that a person’s home will not have to be sold to fund a person’s care costs is also not as it seems. What it means is that the person’s home will not have to be sold to pay for care whilst they are alive. Local government will take a charge on the property to fund care costs and after death when the property is sold, the loan will be repaid plus interest. (One thought is what do you do with an empty property? Some families may rent the property out and this practice is carried out now by some families).

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The Law Society, Eastern contact details Regional Manager: Anna Donovan Email: anna.donovan@lawsociety.org.uk

Law Society Eastern Regional Review

Suffolk & North Essex Law Society

(January 2014)

News Special General Meeting The Law Society called a special general meeting on 17th December to consider a motion of no confidence in the Law Society’s leadership. The motion relates to the strategy adopted by the Law Society to influence and ameliorate the government’s criminal legal aid proposals. The vote was for the motion, by 228 votes to 213, meaning that the meeting supported the motion. Since then, the Law Society has: 1. Re-examined our approach to member engagement and strengthened our campaign to influence the Government’s legal aid proposals; 2. Supported the CLSA training course on 6th January, the ‘day of action’; 3. Made clear our opposition to legal aid cuts in a Guardian interview with the Chief Executive; 4. Set out our lobbying intentions and the concessions we are working to win from Government in a communication to all members.

Accountants enter the legal services market

LSB has given the green light to members of the Chartered Institute of Legal Executives (CILEx) to practise independently in probate and conveyancing. The approval would allow regulator ILEX Professional Standards (IPS) to authorise entities practising in these areas. Currently, CILEx members can only conduct many reserved legal activities under the supervision of an authorised person, most commonly a solicitor. For example, certain Land Registry forms have to be signed by an authorised person, such as a solicitor or licensed conveyancer, even if the CILEx member is head of the conveyancing department. The recommendation will go to Lord Chancellor for final parliamentary approval next year. If granted, it will give the IPS further regulatory powers by early 2015. Responding to the decision, chief executive of the Law Society Desmond Hudson, said: “Solicitors are, rightly, the trusted brand for legal advice. Consumers will need to be satisfied that the regulatory arrangements and particularly those for compensation as apply to other little-known competitors are appropriate for their needs, and as robust as they would expect from a solicitor”.

The Institute of Chartered Accountants in England and Wales (ICAEW) is set to be granted the power to license alternative business structures by the Legal Services Board (LSB). Accountants’ entry into the legal services market is one of the biggest developments in the sector following the Legal Services Act 2007, which allowed non-lawyers to run and own law firms.

Self-regulation opposed by Legal Services Board

Members of the ICAEW – including at least one of the ‘Big Four’ accountancy firms – are now expected to make their applications to offer legal services to existing clients.

Law Society chief executive Des Hudson believes that the proposal is being taken seriously by government: “The Lord Chancellor has indicated that it is important that the professions should be agreed on this issue if it is to be taken further and we have been holding discussions with the Bar and CILEx [Chartered Institute of Legal Executives] who seem to share our aims.”

The ICAEW’s rationale for making its application is to allow its members to be authorised to do probate activities alongside related services they currently provide. In time it is likely the ICAEW will also regulate litigation and other legal services. The ICAEW will join the SRA, Council for Licensed Conveyancers and the Intellectual Property Regulation Board as bodies authorised to approve ABS applications. KPMG is considering an ABS application and its rival Ernst & Young has previously told the Gazette it is keeping its options open.

Legal Executives given green light in probate and conveyancing

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The Law Society and Bar Council have both responded to the government’s call for evidence on legal regulation by saying representative bodies should regain responsibility for training, authorisation and standards setting, with their regulatory arms handling enforcement and discipline.

In a speech to the Regulatory Policy Institute in Oxford, Legal Services Board chairman David Edmonds however insisted that “turning back the clock is not an option”.

Paralegal review continues As part of the Law Society’s review into the role of paralegals within the profession, and what support the Law Society might provide to them and their employers, an online survey aimed at paralegals has been launched (note completion of this survey should be by paralegals only). http://www.iffresearch.com/paralegalsurvey

Find A Solicitor service revamp

Practice Notes

The Law Society’s Find A Solicitor (FAS) service is a popular resource for solicitors and the public alike. FAS is being enhanced with the new version aiming to go live in the New Year. The new site is in a testing phase, and feedback from users would be very welcome.

Anti Money Laundering (22nd October 2013)

Obvious things to check are the details of your organisation and those you regularly deal with. Please also use it the way you would ordinarily use the live site, and report bugs, data issues and suggestions. To make reporting easy, there’s a short form built into every page, behind a big orange button marked ‘Give Feedback’. Alternatively you can email: webteam@lawsociety.org.uk. http://solicitors.lawsociety.org.uk

This practice note is to help you comply with the Proceeds of Crime Act 2002, Terrorism Act 2000 and Money Laundering Regulations 2007 and all amending legislation up to October 2013. It also details good practice. The 2007 regulations entered force on 15 December 2007 and the TACT and POCA Amendment Regulations 2007 entered into force on 26th December 2007. http://www.lawsociety.org.uk/advice/practice-notes/aml/

Compliance Officers (9th October 2013)

Competition Section Conference (16th May 2014)

This practice note explains who can be a COLP and COFA, what the role of COLP and COFA entails, as well as recording and reporting requirements. http://www.lawsociety.org.uk/advice/practice-notes/ compliance-officers/

https://events.lawsociety.org.uk/ClientApps/Silverbear.Web. EDMS/public/default.aspx?tabId=37&id=471&orgId=1&guid =c995fe61-6684-455b-bd7f-1af3a2e1d57a

Conflict of Interest in Criminal Cases (3rd October 2013)

Law Society Conferences

Suffolk & North Essex Law Society

This practice note concerns the particular way in which criminal defence solicitors need to consider the avoidance of conflicts of interest when considering whether it is appropriate to act for more than one suspect or defendant, who are being investigated for or charged with related criminal proceedings. http://www.lawsociety.org.uk/advice/practice-notes/ conflict-of-interests-criminal/

Providing Life Retired Horses Charity Number 1106722

Your Legacy Large or small will make a difference to a horse needing to retire Every Pound Helps.

Our Aim

Heartbeat horses are often large, 16hh+ -

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.

it can be difficult to find a retirement home for them

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

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) 07889343115 (Mobile) Email: woodyates@hotmail.co.uk web: www.retiredhorses.org.uk

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A FAIR SHARE FOR A FIXED SHARE?

Paul Briddon Tel: 01502 563921 p.briddon@lovewell-blake.co.uk

A simple solution to what HMRC regarded as blatant abuse would be to remove the statutory presumption of self-employed status for LLP members. However, when HMRC published their revised proposals on salaried members in December it was clear that the opportunity to go a step further and increase tax revenues was too good to miss. So new rules will be introduced in the Finance Bill 2014 which could result in many LLP partners being deemed to be employees for tax purposes. Whilst in theory the final legislation could change this is unlikely.

HMRC state that where the management of the firm is effectively run by a management committee then Condition B will be satisfied for the remaining members. Ensuring all members are designated members may help to rebut this but may not in itself be conclusive.

The new rules will apply from 6th April 2014 where an individual (M) is a member of an LLP and all three following conditions are met:

• • •

Condition A – 80% or more of amounts payable by the LLP to M are fixed or if variable then variable without reference to, or unaffected by, the profits of the LLP (‘disguised salary’). This is designed to include members who are paid for their services without reference to the profitability of the firm. This includes not just fixed shares but also, for example, a share of office or departmental profits or reward for personal performance. Condition B – M does not have significant influence over the affairs

Condition C may be the easiest condition to break by ensuring members’ capital is at least 25% of their disguised salary (or total profit share to provide certainty). It is important to note that capital does not include: Undrawn profits Tax reserves Loans to the LLP which are not capital

As a result of these changes there is anecdotal evidence of firms making capital calls from members which may be at risk of being caught by these provisions. Understandable perhaps when you think that the NI alone on a ‘disguised salary’ of £75,000 would be over £10,000. If they have not already done so LLPs should be reviewing profit sharing arrangements before 6th April to avoid any risk of falling into this employment trap.

of the LLP.

Condition C – M’s capital is less than 25% of the disguised salary (per A above).

Disclaimer: Please note that this article is provided for your information only. Whilst every effort has been made to ensure its accuracy, information contained herein may not be comprehensive and you should not act upon it without seeking professional advice.

MAKING A DIFFERENCE TO YOUR PRACTICE SUCCESS

Lovewell Blake will always guarantee a professional, friendly service, with that something extra when you need it, helping you to get on with running your practice. Paul Briddon | 01502 563921 | p.briddon@lovewell-blake.co.uk Shaun Mary | 01603 663300 | s.mary@lovewell-blake.co.uk

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Suffolk & North Essex Law Society

It was known for some time that HMRC were unhappy with the arrangements of LLPs which involved appointing all employees as members. The purpose of this arrangement was to exploit the statutory presumption that LLP members are self-employed, thereby providing a cash flow advantage over the payment of PAYE and significant savings in National Insurance costs, notwithstanding the practical issues such arrangements involved.

CPD – Suffolk & North Essex Law Society

An evolving landscape The SRA’s review of Continuing Professional Development (CPD) requirements for solicitors in England & Wales is proof positive that this aspect of maintaining standards of professionalism in the legal profession is, and is likely to remain, an evolving landscape. Historically, CPD courses, and the points accrued from attending them, had substantive issues of law and legal practice as their main focus, with little consideration, if any, given to issues such as quality assurance and risk management. Clearly, CPD in issues of law and legal practice is still, and should be, of paramount importance. However, issues such as the transfer of solicitors’ Professional Indemnity Insurance to the general insurance market and changes to the regulatory framework within which the profession operates has led to a rethink in CPD training. Aon, as an accredited distance and face-to-face CPD provider, is at the forefront of developing training materials that draw on its wealth of experience in the legal sector and that of its partner insurers. Our CPD training modules concentrate on issues of practice management, risk management and pieces of legislation integral to this such as Anti-Money Laundering Regulations and the Bribery Act. As a leading pioneer in developing practice management CPD training, we have developed a variety of CPD initiatives which extend from their Quality Assurance Risk Management (QARM) service and comprises three main strands; seminars, webinars and a questionnaire-based quality assessment process, all of which bear CPD points and all of which are offered free of charge to clients. It’s important to note that our seminars are also available to non-Aon clients to attend. Our flagship CPD events are the seminars that it hosts each summer. These seminars are staged throughout England and Wales; for our 2013 season, a total of 20 seminars were held including London, Birmingham, Bristol and Cardiff. Traditionally, these seminars have focused on the current hot topics confronting the legal profession; this year was no exception. The 2013 seminar was designed to provide attendees with practical support in managing the complexities of the Compliance Officer for Legal Practice (COLP) and for Finance and Administration (COFA) roles in your firm. Tim Prior LLB IRM Fellow, Director of PNCR Legal and non practicing solicitor, presented the seminars during which he shared his extensive experience in this area, including: • Prioritisation – Where do you focus limited resources? • Identifying compliance issues before they go critical • Collecting and managing compliance data • Monitoring: Manual or automated processes? • What makes a material breach? • Practical templates and lessons from firms

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If you were unable to attend our seminars, both Aon clients, and non-clients, are able to view it as a webinar on our www.aonrm.com website. Furthermore, by completing the course questionnaires and returning them to us, you will qualify for up to 2 hours distance learning CPD points. Our clients have free access to a variety of webinars available from aonrm.com, all of which focus upon important aspects of quality assurance and risk management. These tackle a range of subjects as diverse as creating an office manual to business planning. The webinars cross reference to the various aspects of the 2011 Code of Conduct to which they relate and to other appropriate sources such as the Law Society’s Lexcel specification, Law Society practice notes and relevant pieces of legislation. The webinars are generally a half hour long and, as such, yield ½ a CPD point. We also offer our clients the opportunity to participate in a questionnaire-based quality assessment process. This process is dedicated to encouraging continual improvements in a firm’s arrangements for quality assurance and risk management; the main source for the questions contained in the questionnaire is the Lexcel specification and, in its entirety, represents a Lexcel Gap Analysis. Firms that complete the questionnaire process are presented with a detailed report, which not only contains consultancy advice but also directs the firm to the suite of precedent policies and forms which can be downloaded from aonrm.com. These precedents can be modified to reflect the firm’s profile and will assist the firm implement enhanced arrangements for quality assurance and risk management. Completion of the QARM questionnaire and feedback process awards up to 6 CPD points. In recent years, the CPD landscape has evolved and now encompasses topics of practice management, business management and regulation as well as the more traditional subjects such as changes to legislation and legal practice. Aon is dedicated to continuing to provide CPD accredited training in the important fields of quality assurance and risk management. Ian Elliott, Senior Client Manager and Lexcel Consultant, Aon UK Limited Telephone 01268 578320 ian.elliott@aon.co.uk

26th Annual Essex Law Lecture You are cordially invited to attend a Reception on the occasion of the: 26th Annual Essex Law Lecture sponsored by the Suffolk and North Essex Law Society and the School of Law to be given by Richard Howitt, MEP Richard’s lecture will cover the areas of the European Union’s promotion of human rights, and election monitoring. The Reception will be held in the Ivor Crewe Seminar Room on the ground ﬂoor of the Ivor Crewe Lecture Hall between 5.30pm-6:30pm on Thursday 27th February 2014. The Lecture will start at 6.45pm and be held in the Ivor Crewe Lecture Hall A. 1 CPD Point will be available for Solicitors and Barristers who attend. To book, please contact Gail Howell: T 01206 873484 E ghowell@essex.ac.uk For details on how to ﬁnd us, please consult our website: www.essex.ac.uk/about/getting_here/

Select CPD Courses 2014 Why choose University of Essex/ Suffolk and North Essex Law Society as your CPD training provider?

Each course carries three CPD points and is accredited by the Law Society, the Solicitor’s Regulation Authority, the Bar Council, the Institute of Legal Executives and Council of Licensed Conveyancers. C

• Affordable training (bookings as low as £70-£80)

• All courses carry 3 CPD points

• Easy access in terms of location n All courses are 3 hours, so do not take up a whole day (2:15-5:15pm)

• Speakers are of a high calibre • Free parking and refreshments

CMY

Courses on offer: 19th February 2014

2:15-5:15pm

30th April 2014

2:15-5:15pm

Issues in Will Drafting and Administration of Estates

Residential Landlord and Tenant Update Professor James Driscoll, Consultant Solicitor

5th March 2014

14th May 2014

2:15-5:15pm

Janet Bettle, Andrew Bailey and Eugene Ahern

Capital Tax Planning Christopher Whitehouse

26th March 2014

10th September 2014

2:15-5:15pm

Current Concerns for Residential Conveyancers Paul Butt

Update on Recent Developments for Private Client Practitioners Professor Lesley King

9th April 2014

8th October 2014

2:15-5:15pm

Professor Lesley King

Children’s Law Update

Ancillary Relief Update Christopher Wagstaffe QC

www.snels.org.uk

2:15-5:15pm

Mental Capacity Act Update Judge Denzil Lush

19th February 2014 from 2:15–5:15pm Colchester Campus

Current Issues in Will Drafting and Administration of Estates - Professor Lesley King, College of Law Speaker Profile: Professor Lesley King, Professional Development Consultant of the College of Law, is co-author of Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administration and Estate Planning (with Precedents); A Practitioner’s Guide to Wills; Wills: A Practical Guide and editor of The Probate Practitioner’s Handbook. She is the wills and probate columnist for the Law Society Gazette, and writes and lectures extensively on wills, taxation and related matters.

Colchester Campus

Suffolk & North Essex Law Society

19 February 2014 from 2:15–5:15pm

Current Issues in Will Drafting and Administration of Estates King, of LawWills and Inheritance Accreditation Scheme make this a difficult IncreasedProfessor competition andLesley new initiatives suchCollege as the Law Society’s Course Content:

time to be a Private Client practitioner. This session will look at current problem areas and will include: • Testators with borderline capacity: the golden rule and good practice

• Use of flexible life interest trusts: implications of

Speaker Proﬁle: Professor Lesley King, Professional Development Consultant of Berger v Berger • Lessons to be learnt from Feltham v Bouskell the College of Law, is co-author of Wills, Taxation and Administration: A Practical • Payment of debts • Cancellation of Contracts made in a Consumer’s Home or Place A Modern Approach to Wills, and Estate (with • Post-death variations and Planning IHT 1984, s144 of Work Guide; etc. n Regulations 2008: Howes Percival LLP v Page Administration • New Rules on disabled trustsA Practitioner’s Guide to Wills; Wills: A Practical Guide and editor of Precedents); The Probate Practitioner’s Handbook. She is the wills and probate columnist for 5th March 2014 from 2:15–5:15pm Colchester Campus the Law Society and lectures extensively on wills, taxation and Gazette, and writes Children’s Law Update - Janet Bettle, Andrew Bailey and Eugene Ahern, Trinity Chambers related matters. Course Content: TBC

Course Content: 26th March 2014 from 2:15–5:15pm Colchester Campus

and new initiatives such as Solicitor the Law Current Increased Concerns forcompetition Residential Conveyancers - Paul Butt, Consultant

Society’s Wills and Speaker Profile: Paul Butt Accreditation is a practising solicitor and has over 25 years experience of presenting CPDbe courses to the profession. Inheritance Scheme make this a difﬁcult time to a Private Client He is a former Associate Professor and head of property law at the College of Law and Senior Lecturer at the University of Chester. He is a This session willCheshire. look at current problem areas and will include: consultantpractitioner. with Rowlinsons Solicitors in Frodsham, Paul is the author of the LPC resource books in Property Law & Practice and Commercial Property (College of Law Publishing Ltd). He has also written various other books and articles on Property Law subjects. Paul is well known throughout the profession for his Testators with borderline capacity: the golden rule and good practice presentation skills and his up to date practical insight into property matters.

Lessons Course Content:

to be learnt from Feltham v Bouskell

A general review, in a practical of context, of matters made of current to residential conveyancers. Content of will Work be updated Cancellation Contracts ininterest a Consumer’s Home or Place etc.to take account of issues arising up to the date of the course, but is likely to include:

Regulations 2008: Howes Percival LLP v Page

• Buyer’s solicitors’ liability to buyers and lenders for fraud Rules by sellers - New latest case law. on disabled trusts

of ﬂexible interest trusts: • Law SocietyUse Conveyancing portal life - is this the way forward? • Problems with notices to of complete Payment debts

• Implications of the Green Deal • Changes to permitted development

implications of Berger v Berger • Latest developments in co-ownership, easements, covenants etc

Post-death variations and IHT 1984, s144

9th April 2014 from 2:15–5:15pm Colchester Campus Ancillary Relief Update - Christopher Wagstaffe QC, 29 Bedford Row

Speaker Profile: Christopher Wagstaffe QC has proved a popular lecturer in the Select Programme. He specialises in matrimonial finance, with a particular emphasis on cases featuring trust and international elements. He has been involved in litigation in the Isle of Man and the Channel Islands. He is a member of the FLBA’s International Committee with particular responsibility for trust issues and the co-author of “Cohabitation andUpdate: Trusts of Land “(Sweet & Maxwell, 2006). He has also published various articles in ‘Family Law’ and Children’s Law ‘Family Affairs’. He has lectured both nationally and internationally on various aspects of matrimonial finance. He is a member of the Janet Bettle,andAndrew Bailey and Eugene Ahern, Trinity Chambers Family Law Bar Association the SE Circuit.

5 March 2014 from 2:15–5:15pm

Colchester Campus

Course Content: TBC

Course Content:

30th April from 2:15–5:15pm Colchester Campus To be2014 conﬁrmed

Residential Landlord & Tenant Update - Professor James Driscoll, Consultant Solicitor Speaker Profile: Professor James Driscoll is a solicitor, mediator and a Judge in the First-tier Tribunal (Property Chamber). James is the author of several books on landlord and tenant and he writes for the Estates Gazette, the New Law Journal and various other journals. For 20 years he was a consultant solicitor with Trowers & Hamlins where he advised on all aspects of residential landlord and tenant and housing law.

Course Content: TBC

Residential landlord and tenant law is an important area of practice. It includes advising on renting property, the tenancy deposit scheme, possession claims, repairing obligations. Other important areas are the enfranchisement of flat and house leases and claims for new flat leases; how service charges can be challenged and how landlords and their managing agents should consult over service charges; how service charges and other disputes can be dealt with in the First-tier Tribunal (Property Chamber); all recent High Court, Court of Appeal and the Upper Tribunal (Property Chamber) decisions will be considered. It is vital that the busy practitioner is fully up-to-date with this fast-changing area of law.

www.snels.org.uk

14th May 2014 from 2:15–5:15pm Colchester Campus Capital Tax Planning Update - Christopher Whitehouse, 5 Stone Building Speaker Profile: Chris Whitehouse is a barrister at 5 Stone Buildings, Lincoln’s Inn, where he advises on all aspects of trust estates and tax planning. He is a principal contributor to the Encyclopedia of Forms and Precedents volumes on trusts and settlements; Wills and Administration and Gifts and co-author of Pre-Owned Assets and Estate Planning (3rd Edition 2009); Trust Taxation (2nd Edition 2008), and one of the editors of Dymond’s Capital Taxes.

Suffolk & North Essex Law Society

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Course Content:

The course will take in to account:

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• 2014 Budget and Finance Bills

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Gazette, and writes and lectures extensively on wills, taxation and related matters.

:tnetnoC esruoC na sllifrom W s’yt2:15–5:15pm eicoS waL ehtColchester sa hcus sevCampus itaitini wen dna noititepmoc desaercnI 8th Octoberd2014 tneilC etavirP a eb ot emit tlucﬁfid a siht ekam emehcS noitatiderccA ecnatirehnI Mental Capacity Update - Judge Denzil Lush, Court of Protection :edLush ulcwas ni lladmitted iw dnaassaasolicitor era minelEngland borp t&neWales rrucint1978, a koand ol lisliw oissestospractise ihT .reasnoa isolicitor titcarpand notary Speaker Profile: Judge alsonqualified Course Content: TBC

public in Scotland. He became Master of the Court of Protection on 24 April 1996. When the Mental Capacity Act 2005 came into force on 1 October 2007, he ceased to be the Master, and became Senior Judge of the Court of Protection with the rank of a circuit judge. ecitcaArpPrecedent doog Manual dna e(1st lur edition1996, nedlog e2nd ht :edition yticap2005), ac eCohabitation: nilredrob Law htiw srotaand tsePrecedents T He is the author of Elderly Clients: Practice (1st edition 1993, 3rd edition 2005) and Cretney & Lush on Enduring Powers of Attorney (5th edition, 2001, 6th edition will be available March 2009), m o r f t n r a e l e b o t s n o s s e L and has contributed chapters to various legal, medical and psychological reference books. te kroaW fo eofcthe alPLaw roSociety’s emoHMental s’reHealth musnand oCDisability a ni eSub-Committee. dam stcartHe nowas C fon o the noBritish italleMedical cnaCAssociation’s Judge Lush was.c formerly member working party that drew up the Code of Practice on Advance Statements about Medical Treatment, and contributed to Assessing :8002 snoitalugeMental R Capacity: Guidance for Doctors and Lawyers, which was published jointly by the British Medical Association and the Law Society in 1995. He was also a stspayments, urt delbwhich asidreported no seinluAugust R we2002. N member of the Master of the Rolls’ working party on structured settlements and periodical He is a judiciary member of STEP, and a patron of Solicitors for the Elderly. Judge Lush has recently been awarded the Geoffrey Shindler Award regreB v regreB fo snoitacilpmi :stsurt tseretni efil elbixeﬂ fo esU for “Outstanding Contribution to the Profession” at the STEP Private Client Awards 2009.

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Select CPD Courses 2014 Venue: suheld pm aCUniversity retseofhEssex cloC mp5Cheques 1:5–should 51:2bem orout f 4to1SELECT. 02 hcInvoices raMare5available made The courses will be at the Colchester on request. BACS payments can be arranged if preferred. All Campus. Travel details can be found on this web link: :etadpU waL s’nerdlihC www.essex.ac.uk/about/getting_here/colchester/default. tickets are fully transferable. aspx srebmahC ytinirT ,nrehA eneguE dna yeliaB werdnA ,eltteB tenaJ

Parking:

Parking at the University of Essex Colchester Campus: visitors should use the Valley Pay and Display car park and allow ten minutes to reach the appropriate room. A parking permit will be sent to you in advance.

Fees:

The cost of each course will be £80 for SNELS members, £120 for non-members. If more than two places are booked on the same course, the third and subsequent places will cost £70 each. The cost includes all relevant documentation and refreshments. Fees can only be refunded (less 20% administration charge) if a written notice of cancellation is received no less than 14 days before the course. No refund can be made after that time.

www.snels.org.uk

Disclaimer:

No responsibility nor legal liability is accepted, whether for :tnbyetany noC esruospeakers C negligence or otherwise, either individual or the participants in SELECT, in respect of any opinions, advice demrﬁnoc eb oT or documentation provided in connection with these courses.

All enquiries:

Mrs Elizabeth Harvey School of Law University of Essex Wivenhoe Park ColchesterEssex CO4 3SQ T 01206 874810 F 01206 873428 E eacouss@essex.ac.uk

PRO/PLO’S PIECE News from the Ipswich County Court Users Committee Family/Care - DJ Parnell reported that DJ’s are doing much more care work including final hearings since Judge Caroline Ludlow’s retirement. The Court Staff and the DJs find it helpful if practitioners type Orders or Draft Directions for hearings or CMC’s. Please email the Court with details of the hearing date clearly marked on the covering letter. This saves time.

Ipswich and Suffolk Law Advice Centre Ann Barber is the new Law Advice Centre Officer. She can be contacted on 01473 408111 or ann@iscre.org.uk. Ann has been in post since 2nd December 2013 and has been exceedingly busy, inter alia: • • • •

Drafting risk assessment for LAC and incorporated this into revised LAC Handbook. Organising a drinks reception at Gotelee on 30th January 2014. Preparing a rota for 2014 LAC and distributing this to existing and new volunteers. Making applications for funding.

Legal Walk 2014 The Legal Walk (in Colchester in 2013) will this year be hosted in Ipswich. No date as yet but dates to be confirmed asap. C

A very interesting new web site (with a local connection) was launched on 27th January 2014. www.aspiringsolicitors.co.uk aims to assist all people with an interest in the law, but has a particular focus on encouraging people from backgrounds under-represented by the profession.

Firms Should Expect Increased Competition The press reports that a survey of almost half of the UK’s top 250 law firms reveals that 81 per cent believe that the environment has become more competitive in the last 12 months and almost 9 in 10 respondents expect to see greater competition as a result of the Legal Services Act.

Legal Aid The Law Society Gazette recently reported that the Legal Aid dispute has played a part in a Southwark Crown Court Judge being asked to kick out a £4.5m fraud prosecution. Solicitors representing the 8 defendants due to stand trial in April at Southwark Crown Court have been unable to find any barristers willing to take on the case for the new reduced fees.

Financial Benchmarking Survey The Law Management Section’s annual financial benchmarking survey shows that law firms across the country have generally experienced increases in profitability but points to a need for firms to refocus on ensuring their long term financial stability.

Jonathan Ripman – PRO/PLO Office direct: 01473 298140 Mobile: 07850 785200 Email: jonathan.ripman@gotelee.co.uk

YMC

Derek Monnery www.derekmonneryqs.com

Construction Disputes, Expert Witness Reports  A Quantity Surveyor with over 40 years experience  Specialising in Housing (new build and refurbishment)  Costs and Quality of works disputes  Based in East Anglia but also works in the London area

Derek Monnery FRICS MCIArb email: derek@monnery.net Tel: 01255 870469 Mobile: 07831 311037

www.snels.org.uk

Suffolk & North Essex Law Society

Provisional Assessment Hearings – There is no Designated DJ at Ipswich and these assessments are now allocated on a spare time basis. The DJs at Ipswich have taken the approach to effectively set it down for a hearing, thereby giving it a block of time in the DJ’s busy diary day, to deal with, but with no parties attending.

Website to Watch

Presented by The New Wolsey Theatre, Ipswich, Nottingham Playhouse, Birmingham Repertory Theatre, West Yorkshire Playhouse and Graeae Theatre Company. By Bertolt Brecht and Kurt Weill. English translation of the dialogue by Robert David MacDonald. English translation of the lyrics by Jeremy Sams. Original German text based on Elisabeth Hauptmann’s German Translation of John Gay’s The Beggars Opera.

WED 12 — SAT 22 MAR Imagine a world where evil goes unpunished, money is corrupt, the law is fickle and lowly souls remain on the poverty line. The New Wolsey Theatre’s Peter Rowe and Graeae’s Jenny Sealey have joined forces once again to bring you their anarchic version of Weill and Brecht’s The Threepenny Opera. 28 www.snels.org.uk

NEW WOLSEY THEATRE Book Online/ wolseytheatre.co.uk Tickets/ 01473 295900

Timely outsourcing guide helps law ﬁrms to work smarter In an effort to introduce legal practices to smarter and commercially focused ways of working, Quill Pinpoint has published a guide on how outsourced cashiering works. not yet have considered the possibility and advantages of outsourced support. Outsourcing is a survival strategy”. Julian admits to having an ulterior motive for the guide’s publication – dispelling any myths about outsourcing being an expensive and complicated solution.

The guide explains in layman’s terms the procedure for outsourcing legal accounts as a simplified 5-step process, along with the extensive range of benefits to be gained from alleviating the burden of this heavily regulated back office function. Quill Pinpoint has over 20 years’ experience in outsourced cashiering. Their expertise brings a tried-and-tested cashiering solution direct to law firms.

“The guide gives me the opportunity to set the record straight”, states Julian. “Contrary to often-held beliefs, outsourcing is much more cost effective than running an in-house cashiering team. The monthly fee is based upon activity levels on a pay-as-you-go contract. Moving to an outsourced environment couldn’t be easier. There’s no software to install locally and firms have their own assigned cashier so it’s a friendly service. If practices are just setting up in business or their cashier has recently resigned, they should give us a call”.

Benefits cited in the report include higher earning power by refocusing on fee earning and marketing; financial savings with less manpower and infrastructure requirements; healthier cash flow resulting from up-to-date bookkeeping; business continuity and disaster recovery planning with continuous cashier support and 24/7 software availability; streamlined annual accounting with a current set of accounts and privileged accountants access to your data; and automatic compliance as the cashiering service adheres to the Solicitors’ Accounts Rules and other regulatory guidelines.

The guide is published on the Internet Newsletter for Lawyers website at http://www.infolaw.co.uk/newsletter/2013/07/quill-pinpoint-howoutsourced-cashiering-works/. As well as its Pinpoint Interactive legal accounts outsourcing service, Quill Pinpoint offers a payroll service for companies who want to reap the full benefits of outsourced support.

Julian Bryan, Managing Director at Quill Pinpoint, explains how the “difficult market conditions are hitting law firms hard”.

If you want to find out more on Quill Pinpoint’s products and services, get in touch by email at info@quill.co.uk, call 0161 236 2910 or visit www.quill.co.uk.

“In this harsh economic climate, firms are finding it difficult enough to stay afloat, let alone make a profit”, Julian adds. “We’ve published the guide now because practices need all the help they can get, and may

Quill Pinpoint clients have increased profit costs by over 25%... how could you?

outsource your cashiering...

it’s a no brainer!

Suffolk & North Essex Law Society

As the profession continues to suffer mass redundancies and law firm closures, as well as face increased competition from the growing number of ABSs and newly merged adversaries, the handy guide aims to instruct the uninitiated on the merits of outsourcing as a means of surviving and thriving in a challenging marketplace.

Dedicated cashier – personal service Data in the cloud – business continuity assured

No cashier employment costs – no office space rental

No admin distraction – you focus on fee earning

Legal accounting experts – that’s us

No staff absence costs – we’re always in SRA compliance – we’ve got it covered No overheads – just pay as you go

Cloud hosted software – no capital spend needed

Reporting – instant business intelligence

info@quill.co.uk | www.quill.co.uk | 0161 236 2910

www.snels.org.uk

FREE Networking Training Session with the University of Essex The University of Essex School of Law, in conjunction with Nick Looby, from Feet on the Ground, invites you to an amazing and fun filled workshop you will wish you had done years ago... Your ability to network is an increasingly important skill, and for many is now a business requirement. Making the most of your time in front of others, maximising the effectiveness of each and every interaction you have, can spell the difference between success and failure. Achieve your goals, guarantee your best shot at success and learn the simple skills that will put you ahead of the competition. Fortunately, it’s not rocket science; in fact, Nick has broken the process down to a series of simple steps that you will be able to follow every time a networking opportunity comes your way. So come to the University on Wednesday 19th February for a practical workshop and the opportunity to practise your skills in a safe environment with both students* and local businesses. All ages and career stages welcome – if you are new to networking then come and learn; if you are an old hand then come and offer your skills and support to others - all whilst building your network.

Event structure:

· · · ·

Registration is between 5.45 and 6.00 and the training will start at 6.00. This will be followed by some open networking, allowing participants the chance to practise the skills.

There will then be a follow up training session to see how participants are getting on, followed by some more tips and then more time to practise. The event is expected to end around 7.30.

About Nick Looby Nick is the owner of Feet on the Ground Training, a speaker, author and communication specialist. Over the last 10 years Nick has been responsible for assisting numerous corporate giants with their communication expertise, enabling them to deliver greater clarity, more success and essential business growth. We live in a world surrounded by an ocean of global communication and more choice than ever before as to how we interact with our fellow humans – Nick’s skill is to be able to ensure we are heard above all of this frenzied communication traffic and communicate to win. What drives me is the difference that enhanced and powerful communication can make to individuals and to organisations – increased influence, more sales and greater achievement at work, at home and beyond – it’s amazing what can be achieved. Nick’s book, The Invisible PowerPoint show and the Art of Communicating to Win is causing a storm of change in the corporate arena and provides the antidote to all of the communication that simply does not inspire action.

Feet on the Ground Training – home of the Invisible PowerPoint show; see more on Amazon: http://amzn.to/1aUZ9CP or YouTube:

http://bit.ly/15PNDqZ ‘Nick is able to deliver high quality training and information to help people promote and present themselves. He is fun to work with and can deliver results immediately.’ Neil Mansell: Property Investor at www.neilmansell.com

If you are interested in attending this event then please contact Ann Ord at aord@essex.ac.uk to register your interest and for more information. Ann is a careers adviser and is co-ordinating the event for the School of Law.

www.snels.org.uk

The Challenges for University Law Schools The current climate is particularly challenging for University Law Schoolâ&#x20AC;&#x2122;s. The governmentâ&#x20AC;&#x2122;s policy on tuition fees coupled with its policy on controlling student numbers makes recruitment of good quality students an issue for many law schools. In addition the emphasis on A-level grades as a criterion for opening admissions (this year there was a free for all on those students with AAB, next year it is suggested the free from all extends to ABB students) means that entry is becoming progressively more difficult for those nontypical students who may well be able to benefit from the opportunities offered. Allied to this and increasing the challenge (or increasing the opportunities), is the fact that the Legal Education Training Review is due to report next year which may well bring in a whole new framework for qualification and post-qualification training. As yet there is little indication as to the way the review will jump but it is expected that the Huddersfield Uni:Page template.qxd 03/10/2008 12:16 Page 19 changes will be extensive. This means that in the near future it is going to be essential that to remain successful law schools are going to have to change the structure of the courses and the way that they deliver them. This means a reimagining of the law school to ensure that it delivers an education which is both relevant to the needs of its major end-user i.e. the legal profession but yet retains sufficient flexibility for students who do not intend to practice as lawyers (around 50% of the typical intake). Increasingly employers are looking to the work experience of students as a way of differentiating between applicants for training contracts. Whilst most providers will use case studies within the professional routes, the case for clinical legal education is becoming irresistible.

To that end at Huddersfield we are opening a law clinic, staffed by students, in January. This will differ from many other offerings in that not only will students gain hands-on experience of dealing with clients and their problems but in addition they will be part of a major research project which will study the psychology of learning within that clinical environment. This is being supported by a joint research grant shared between the Law School and the Department of Psychology. The clinic will concentrate on the unmet legal need within the local area and will refer cases on to a network of local firms when appropriate. Dealing with the postgraduate needs of the practitioner, we are developing for September 2013 an MBA in Legal Practice which will be structured specifically to the needs of partners and those aspiring to manage legal firms. This will be delivered in conjunction with the Management, Accountancy and Marketing streams within the Business School. With its flexible delivery channels and closely relevant content it is expected that this will prove extremely attractive to current practitioners. We are however in a very fluid situation successful law school will need to be flexible and able to respond fast to a changing environment and the changing needs of the profession and the student.

Sean Curley PgDip(Law), LL.M, FHEA Head of The Law School University of Huddersfield

experience, expertise and innovation in law The University of Huddersfield Law School offers a range of qualifications geared to the needs of the profession and delivered by trained and experienced staff. Full and part-time study options in:

Legal Practice Course (LPC) tion LLM by Dissertaion LLM in International Law LLM in Commercial Law LLM/MA in Health Care Law The Law School University of Huddersfield Queensgate Huddersfield HD2 3DH T: 01484 472192 E: law@hud.ac.uk www.snels.org.uk

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