Suffolk & North Essex Law Society - In Touch Magazine Spring 2024

In Touch

Published by:

EAST PARK COMMUNICATIONS Ltd.

Unit 27a, Price St. Business Centre, Price St, Birkenhead, Wirral, Merseyside, CH41 4JQ

Tel: 0151 651 2776

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www.eastparkcommunication.co.uk

Editor

Benjamin Carver

Features

Amanda Timcke

Advertising

Simon Castell

Design

East Park Studio

Accounts

Tony Kay

Media No. 1111

Published May 2024

Legal Notice

© East Park Communications Ltd.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex

A lovely evening had by all at Ravenwood Hall Hotel, Rougham on 20th March for SNELS AGM and ‘wine and cheese’ evening where Amanda Timcke handed over office of the President to Louise Goodenough.

Officers of the Society

President

Louise Goodenough

Haywards Solicitors

Stowmarket

Tel: 01449 613631

Fax: 01449 613851

Email: louise.goodenough@haywards-solicitors.co.uk

Vice President

Benjamin Carver

John Fowlers

Colchester

Tel: 01206 576151

Email: bencarver@johnfowlers.co.uk

Honorary Secretary

Ivana Radovic

Birketts

Ipswich

Tel: 01473 921 716

Email: ivana-radovic@birketts.co.uk

Honorary Treasurer

Louise Cardwell

Ashtons Legal

Tel: 01473 261320

Email: louise.cardwell@ashtonslegal.co.uk

Honorary Council Members

Donna Taylor, Council Member for Suffolk Nexa Law Limited

London

Tel: 020 7504 7071 – Extension 2127

Mob: 07859 896 640

Email: donna.taylor@nexa.law

Tony Fisher, Council Member for Essex Fisher Jones Greenwood

Colchester

Tel. 01206 835231

Mob. 07904 086254

Email: tfisher@fjg.co.uk

PRO/PLO

Louise Goodenough

Haywards Solicitors

Stowmarket

Tel: 01449 613631

Fax: 01449 613851

Email: louise.goodenough@haywards-solicitors.co.uk

Education & Training Officer

Amanda Timcke

Birketts

Ipswich

Tel: 01473 406215

Email: amanda-timcke@birketts.co.uk

A Message From Our President

Wow where has the time gone since I was elected as Deputy Vice President! I am super excited for my Presidential year with lots of events and initiatives planned for my year ahead. I would like to say a big thank you to our outgoing President Amanda who did and is still doing a wonderful job for SNELS. My focus for the year ahead is to continue where Amanda left off with supporting local law firms, charities and our local universities bringing through our Junior Lawyers for our sucession plans! To enhance this, we can also work closely with other organsiations that help and support us in our legal roles to bring the best service to our clients. This started with our AGM being open to not just Council members, but member firms and other business organsiations. This was a great success and I have had lots of positive feedback from this, so long may this continue. I would like to thank our sponsors for the AGM –Kingsfleet Wealth and Property Solutions Group (other events will be open for sponsorship throughout the year!). Having met virtually recently with other Local Law Societies there is definitely a focus on raising more support from the TLS and working with other Law Societies. I have recently joined the East Anglian Regional Law Society (EARLS) which encompasses this regions local Law Societies and has been rejuvenated by David Richards of Butcher Andrews. There is also great excitement around TLS celebrating 200 years next year and celebrations for this start later this year. SNELS will also be honoring this by hosting an event too so watch this space. Finally, if anyone is interested in joining SNELS then please reach out to any of our Council members or if you or your firm would like membership then we do offer different levels of membership. Looking forward to working with you all over the next Presidential year.

Louise Goodenough

President, Suffolk & North Essex Law Society

Suffolk & North Essex Law Society

Suffolk and North Essex Law Society Council member report

At it’s most recent meeting in March Council considered the following matters of interest:-

Junior Lawyers Division

A Council member from the JLD gave an oral report. Her key points were:

Consumer Protection Review

• The need for junior lawyers to be properly represented in the Society

• TLS should do more to combat bullying and harassment of junior lawyers

Attention was drawn to the difficulty of junior lawyers in obtaining PI cover, and the inequality of arms as between junior lawyers and the SRA in regulatory proceedings. There have been a series of cases where junior lawyers have been fined disproportionately for what would historically have been deemed minor infringements. This is a matter to be discussed again at the next meeting of the Council in May.

Carey Street

Members may be aware that the Society owns a property at 60 Carey Street which has been owned by the Society since the 1800s. It has been a London residence maintained for the President and part of the building also once housed the Solicitors Disciplinary Tribunal. Historically it has been used as a venue to engage with the judiciary, members of Government and visiting heads of Bar Associations, but this has ceased since the pandemic and the building has fallen into some disrepair. There has been a long running debate as to whether it should be retained and refurbished or sold. Council finally decided in March that in accordance with recommendations of the Board it should be retained and refurbished, as it is part of the historical heritage of the Society but that there should be further consideration of wider further uses in the future.

The SRA recently launched a review of its consumer protection arrangements in response to what it says are ‘shifting risks in the sector’. The review focuses on how to reduce the risk of something going wrong at a regulated law firm, whilst finding the right balance between protections and potential impact on the cost of legal services and not negatively affecting the workings of the market. Included in this review is consideration of the Compensation Fund arrangements.

There are two main areas the SRA will be looking at in its review:

I. The SRA’s policy and operational arrangements for identifying and managing or mitigating risks in the marketplace to clients and client funds. The SRA will be reviewing a broad span of its operational and policy processes including looking at:

• How they identify sector risks

• How they monitor firms

• Their approval processes for firms

By Tony Fisher Council Member for Essex

support from the SRA for a national Third-Party provider to hold client funds. This potentially would have a very substantial practical and financial impact on private practice firms and the Law Society is currently considering its own policy response to the SRA’s review.

Business Planning

The Council is currently working with the executive to finalise a new three year business plan for the Society and further details of this will be forthcoming in the coming months.

As always if anybody would like to receive any further details of any of these items do not hesitate to contact me at:

tfisher@fjg.co.uk

• Their rules and controls around client money

• Their approach to firms’ structures and ownership models

II. Their Compensation fund arrangements in light of the risks identified. The SRA will be reviewing the compensation fund model to make sure that there is appropriate.

Part of these discussions are with regard to firms maintaining their own client accounts in future as a result of the losses incurred in the Axion Ince case where £60m of client funds were dishonestly appropriated. There is some

Community Lawyering

For All

Suffolk Law Centre strives for a just and equal society where everyone’s rights are valued and protected. We do this by providing free and accessible legal advice, support, representation, information, and education to the diverse communities of Suffolk (and where possible across East Anglia), with the support of grant-funding, donations and through innovative, local partnership working.

We are currently funded by Barings Foundation and Law Centres Network to develop a project to help young neuro diverse (ND) people to Join Stay and Thrive in the workplace by understanding their legal rights.

According to the Office for National Statistics (ONS) in 2022, just 21.7% of all autistic people are in employment in the UK making them the least likely disabled group to be in work. While many employers want to be more inclusive/supportive of ND people, the support available for both employers and employees is dispersed over many, often small agencies all of whom are doing great things, but separately.

Tel: 01473 408111

web: www.suffolklawcentre.org.uk

Email: office@suffolklawcentre.org.uk

Working with agencies supporting ND young people in Suffolk and North Essex, our discrimination team is creating a Work Rights ‘Hub’ to bring together the information and resources to offer the support that ND people tell us they need in the workplace, and to provide an essential tool for employers to understand how best to support all their employees to Join, Stay and Thrive in the workplace.

Suffolk Law Centre are working with young ND people, listening to their experiences to co-produce this project. Once up and running, we hope that our Hub can be rolled out nationally through Law Centres Network.

We’d love to include the wider, local legal community in making the Hub work, so please get in touch if you would like to know more or be a part of this project:

discrimination@suffolklawcentre.org.uk

PhD Research Criminal Defence Solicitors/

Advocate Participants Required

Academic research is being conducted as part of PhD researcher’s thesis for the University of Portsmouth. Research focuses on a multi-agency perception of wrongful convictions and how austerity and the pandemic may have

impacted the integrity of the criminal disclosure process on pre-conviction or post-conviction appeal for indictable offences in the Crown Court.

This phase of study requires participants who are currently or have previously worked as Criminal Defence Solicitors/ Advocates.

Want to get involved?

Please contact the PhD researcher below for more information regarding how to take part.

Jamie.Heslop@myport.ac.uk

Faculty of Humanities & Social Sciences

School of Criminology & Criminal Justice

University of Portsmouth

(Part of the ISCRE Family of Charities)

46A

This is an exciting opportunity for a Housing Solicitor / Caseworker to join our small, dedicated team at Suffolk Law Centre to help develop and expand our Housing legal advice service, and continue the provision of early legal advice and assistance to help vulnerable clients gain access to justice.

Whilst we are seeking someone who meets or can work towards the Housing Legal Aid Supervisor requirements, we are also interested in hearing from potential candidates who have any housing law experience.

Housing Solicitor / Legal Aid Supervisor

Permanent - Full Time (37 hours per week)

Operations and Development Manager

Between £30,000 - £37,000 per annum (dependent on experience)

Please note that we will consider someone working towards the Supervisor Standard and will agree external supervision with the Legal Aid Agency. The Job Description and Person Specification will be adjusted accordingly to reflect successful candidate’s development and current experience.

Our Housing legal advice service is a core service that we are currently unable to offer to new clients whilst this post remains vacant. We have grant funding to develop our Housing service and we are interested in any candidate wishing to train up to be a Legal Aid Supervisor. As a member of Law Centres Network, we can offer extensive training, development and mutual support.

Whilst this job can be undertaken partially hybrid, it will need attendance at our office and local Courts so cannot be fully remote.

The post is based at our offices in Ipswich, Suffolk. Ipswich has a vibrant legal, non-profit and cultural community and excellent transport links to London. The delights of the Suffolk coast and countryside are within easy reach, and house prices significantly lower than London/home-counties.

For an informal discussion about this post, please contact us via the means below.

Whilst the post is open to all, we are particularly keen to attract candidates who are from backgrounds currently underrepresented in the law, and who may have experienced of some of the issues faced by our clients.

Summary of Main Responsibilities:

To provide a high-quality, specialist Housing legal support service to people in need across Suffolk and North Essex. You will be based within our Housing Law Team in our offices in central Ipswich, Suffolk.

Essential

Skills and Attributes:

Whilst the post is open to all, we are particularly keen to attract candidates who are from backgrounds currently underrepresented in the law, and who may have experienced of some of the issues faced by our clients.

• Qualified Solicitor, experienced Housing Legal Aid Caseworker or equivalent (whilst we are looking for somebody who qualifies as a Housing Legal Aid Supervisor, we will consider someone who would meet the Supervisor Standard within a period acceptable to the Legal Aid Agency, with external supervision provided);

• Experience of representing tenants and/or homeless people in housing cases;

• Good interpersonal skills;

• Be adaptable and able to work in a busy environment and work well under pressure;

• Be able to act as advocate at Court hearings;

• Be able to manage assigned tasks in an efficient and timely manner;

• Be able to use case management systems;

• Show excellent office IT skills.

Job Description - Main Duties and Responsibilities:

Casework:

• To provide a high-quality legal housing advice and casework service to people in need in Suffolk and North Essex;

• To provide legal representation at all stages of the case, including some advocacy and judicial review;

• To attend Bury St. Edmunds County Court under the terms of HLPAS ] Contract;

• To identify common problems capable of legal challengefor individual people, as well as potential strategic challenges which could bring wider benefits;

• To identify gaps in services and to work with the Senior Management Team to propose new developments and funding opportunities;

• To work to the provisions of the Legal Aid Contract and HLPAS Contract, making sure that work is accurately recorded, and funding secured at each stage of the case;

• To ensure that you meet any minimum targets or outputs that have been set in relation to contracts and grants.

General:

• To uphold and promote SLC’s strategic aims and values;

• To act in accordance with the principles of anti-discrimination and to apply SLC’s Equality and Diversity policy in your work and conduct; Comply with the Solicitors Regulation Authority (SRA) Rules of Professional Conduct and with the instructions of the Senior Solicitor;

• Any other duties relevant to the post.

Special Conditions to Note:

Administration:

• To have responsibility for the administration of your cases and work within the administration systems of Suffolk Law Centre (SLC);

• To maintain accurate records of your work and time, to ensure continuity of casework, information retrieval, compliance with contracts and grant agreements, and to enable the Senior Management Team to monitor and evaluate the services;

• To work to the Specialist Quality Mark (SQM) standard by using the procedures set out in the office manual.

Professional Development:

• To attend regular support and supervision and appraisal meetings; To keep up to date with changes in housing law and practice;

• To meet identified learning and development needs as appropriate;

• To maintain your knowledge and practice to continue to meet the Legal Aid Agency Supervisor Standard.

Teamwork:

• To attend and contribute to staff meetings;

• To support and develop staff and volunteers as required to maintain the housing advice service, including providing the appropriate level of casework supervision; To attend and actively participate in other meetings as required, and to take an active role in the planning and development of SLC.

1. The post holder may be required to travel across Suffolk and East Anglia, as well as nationally for which the appropriate allowances will be paid;

2. The hours of work are flexible to meet the demands of the job, and may require some evening and weekend working, for which time off will be given;

3. This job description may be subject to change in consultation with the post holder.

First ever Cornerstone Climate Month will elevate the legal sector’s understanding of climate change and its impact on lawyer’s practice

Cornerstone Barristers is proud to announce the launch of Cornerstone Climate Month this May, a series of events that promises to deliver unparalleled climate training and insights, tailored specifically for professionals in the legal sector.

The risks and opportunities from climate change are relevant to clients across all legal sectors. In an era where the impacts of climate change are increasingly felt, the legal community has a pivotal role to play. Recognising the urgent need for specialised training in these areas, Cornerstone Climate Month offers a suite of events covering many aspects of climate change and the law. Designed to upskill and inform, this event is for anyone in the legal profession

• Carbon Capture, Use and Storage

• Climate Litigation in the Civil Courts

• Greenwashing

• ESG and Real Estate

• Green Finance

• Climate in Planning Policy and Plan Making

• Development Management: Climate as a Material Consideration

• Retrofitting Existing Buildings

• Ecocide

These topics will be delivered by barristers with expertise across Cornerstone Climate’s disciplines, with many sessions also including distinguished external speakers. The programme will be published in March.

A Word from the Organisers

Planning and Environment specialist

Harriet Townsend is leading the organisation of Cornerstone Climate Month. She said:

“In the face of climate change and its global impact, the legal sector has a crucial role to play. Cornerstone Climate Month is not just an event or marketing exercise; it is designed to equip legal professionals with the knowledge and skills they need in the changing environment we live in. We’ve set the entry fee deliberately low to allow for wide participation, including students and pupils, making this a truly inclusive learning experience.”

seeking to deepen their understanding of environmental law and its relevance to their practice.

What’s on Offer?

For a nominal fee of £10, participants will gain access to an exceptional lineup of at least 10 hours of online training and access to an in-person event, plus follow-up written resources. These sessions will cover a wide range of critical topics, including:

• Climate Change: The Basics

• UK Progress towards Net Zero

• Energy Transition

• Greenhouse Gas Assessments

Join Us

Cornerstone Climate Month is an unmissable opportunity for legal professionals to enhance their understanding and capacity to address the critical challenges of our time. With up to three webinars a week throughout May, and a schedule packed with informative sessions, this event promises to be a cornerstone in climate training for the legal sector.

Register now to secure your place: https://www.eventbrite.co.uk/e/ cornerstone-climate-month-training-andinsights-on-climate-and-the-law-tickets845821172897?aff=oddtdtcreator

More Details

About Cornerstone Climate

Founded in 2023 by Estelle Dehon KC, Cornerstone Climate is at the forefront of environmental law, climate change litigation and advice. Drawing upon the award-winning expertise of Cornerstone Barristers in planning, environment, property, commercial, regulatory, and public law, Cornerstone Climate aims to fortify and expand services related to climate and biodiversity. By acting as a hub for professionals across various sectors, Cornerstone Climate fosters best practice and insight sharing, furthering climate conscious practice across the legal sector. Learn more here.

For more information, please contact Will Murphy on:

Email: wmurphy@cornerstonebarristers.com

Phone: 020 7421 1827

Suffolk & North Essex Law Society

Most important aspects in a legal career

Looking at the latest Lexis Nexis report on associates and senior associates has got me thinking about the 3 areas which come up time and time again in terms of importance for people working at that level within law firms. Top reasons for moving: 71% most important factor is work life balance, 69% wanting higher salary/ better package, 36% career development

The same three reasons are the reasons that people would stay, in a different order, increased money first (71%), then joint second (36%) Better work life balance; better career progression Over the next few months I will look at each of these in turn.

This month: Focus on Work/ life balance

Work life balance is a personal choice. How do you approach it to be sure that individuals are not taking advantage of a firm, or on the other end of the spectrum to ensure that firms are not grinding their fee earners into mental health problems.

The fact is that everyone is different, everyone has a different level of tolerance, resilience and approaches things differently. A quick task for someone who likes to fly through drafting a document, might take someone who is overly cautious with meticulous attention to detail a long time, even if they are told not to take too long. They key is to think about each person in a team and help them to perform to their strengths. Within a team you need people with different strengths to ensure all angles of a task are met. I employ some fantastic attention to detail administrator to ensure that my systems are run smoothly and routinely without having to remember everything as I jump from task to task. This provides balance within the team.

Looking at one person and the balance in their life is again very much a personal thing. Whereas one person will appear to glide over difficulties in life, another person might seem to stumble on the smallest hurdle. That is the uniqueness of people and the experiences they bring to a role come from their whole life, not just

their working world. Again there needs to be the ability to look at each individual and see how they work best, without changing all the rules or systems to suit them, they need to be supported within the structure that is there.

It can be a really political part of running a firm, but open and honest discussion and appreciation of others is the starting point to ensure that everyone is happy and performing well, in roles they enjoy, with the balance that they need for their life.

Finding your own work life balance within a team, role and firm is a keen consideration in your legal career and one that can change dramatically from firm to firm.

Drop me a line if you feel that the balance is wrong in your life and we can talk about the variety and options out there for you.

Written by Clara Rose LL.B LL.M Clara

CON29DW: The Full Picture

Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.

So, what makes the CON29DW so unique?

Reliability: You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water. Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.

Efficiency: Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.

Expert Support: The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.

The CON29DW also comes with robust terms and conditions to support conveyancers and their clients. The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.

Whether you are acting for a residential or commercial property there is a CON29DW to help.

CON29DW Residential

• Answers to all 23 Law Society copyrighted questions on drainage and water.

• Includes two maps to illustrate the position of pipes.

• Includes five pages of homeowner information.

• Easy to navigate with interactive features.

CON29DW Commercial

• Comprises of 27 standard questions aligning with the CON29DW residential report.

• Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities.

• Enhanced T&Cs and Indemnity.

If you’re ready for the full picture, head over to www.geodesys.com to get in touch or call on 0800 085 8050 Their team is here to answer any questions you may have.

Not all probate researchers are created equal

Probate Research is a largely unregulated industry with no barrier to entry. No qualifications are required, nor any evidence of relevant training needed. In fact, anyone can set up their own firm quicker than you can say “Who Do You Think You Are?”. Which is quite worrying when you think about it.

Contrast this with the life of a legal professional working in a law firm in this country. A heavily regulated industry overseen by the Solicitors Regulation Authority. Years and years of high intensity study, followed by further years of gaining hands-on experience. With an ongoing requirement to demonstrate competence and continuous professional development. All whilst getting on with the day job of helping clients.

Competence

When viewed like this, these two worlds could not be more different, yet they can intersect regularly, most notably in the Private client sector. The danger is if there are any issues from a legal professional instructing a researcher who is not up to the job, then the client is going to put the blame squarely at the law firm’s door.

At Anglia Research, we quickly identified the need for some form of regulation for the probate genealogy industry to help tackle such scenarios. That is why we have been regularly campaigning to help raise standards across the sector which has seen substantial growth in recent years, driven by TV shows such as “Heir Hunters” which sensationalised the sector.

Without any independent regulation, there are no checks and balances for those that access the market – the legal profession, the public sector and individuals. There is no true accountability.

Independent regulation of our industry is important; not just from a consumer confidence viewpoint, but also to ensure that it is a more level playing field with a base level of service and competence being required within the sector.

Regulation: Institute of Paralegals

At the beginning of this year, we as a company became regulated by the Institute of Paralegals (IoP). Becoming a corporate member of the IOP effectively ends our search for an independent regulator. The industry cannot continue to hide behind self-regulation or in some cases, no regulation whatsoever.

For those acting in the best interests of their clients, there is absolutely nothing to be feared by regulation. For us, independent regulation is the only way forward.

We believe that this is essential for those that are serious about offering their clients the highest levels of service. For our clients, this means that in addition to the guarantees offered by our own code of conduct, they will have the reassurance of connecting with a culture in which accountability is fundamental.

Anglia Research employs more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research firm. We have a commitment to our profession - we employ seventeen staff who hold paralegal PPR certificates and in addition have five members of staff who are Association of Genealogists and Researchers in Archives (AGRA) accredited.

In addition to this accreditation and qualifications, our Case Managers have a combined total of over 270 years of experience. We know that your best guarantee of a legally sound outcome lies in the calibre of our team. Our investment in accredited staff is your assurance. We believe it is our staff that sets us apart.

Transfer of regulation to the Institute of Paralegals commenced at the start of next year, with all existing paralegals qualifications and certifications issued by the Institute of Paralegals carrying over as part of the CILEX acquisition of the Professional Paralegal Register.

Conclusion: Instruct a True Professional

Ultimately, we are heavily focused on case manager training and accreditation because we know how important it is to give comfort to legal professionals using our services. Not every probate research firm has taken this view and thus, not all probate genealogy firms are created equally.

So, overall, it pays to use the services of an experienced, accredited firm that has experienced, qualified employees to undertake the work needed in a professional manner. Do your due diligence. You owe it not just to yourself but also to your clients.

We can be contacted via the following web address: www.angliaresearch.co.uk

Private companies in a dispute scenario – something worth f ighting over?

Simon Martin

Even for finance professionals, assessing the value of private companies can be a minefield. Unlike publicly traded shares there is no index of market values which can be obtained and relied upon with certainty.

When the possibility of a dispute and parties acting on principle are added to the mix, it can become an explosive cocktail. This creates a quandary for legal professionals seeking to understand the value at stake.

The general rule of business valuation is for the company to be valued on a ‘willing buyer, willing seller’ assumption. This means that the valuer would look past an un-cooperative seller who states that they would not assist in the transfer of their knowledge and goodwill to the potential purchaser.

Whilst this is a helpful rule, it can also create unrealistic expectations in the minds of hard done-by minority shareholders who feel that they are sitting on a pot of gold. There can be no substitute for a formal valuation however there are a number of helpful clues for assessing whether the business in question does have underlying value to justify the time and costs of further investigation.

Company balance sheet

The balance sheet of a company shows the accounting value of all assets owned at a particular date, less the liabilities. The figure at the foot of this statement is the net asset value - technically the net asset worth of a company. In reality this is seldom the case as in many areas the market value can differ from the accounting value.

The below list could be helpful to inform an initial review of an asset base of a company.

Property – is a property owned? This can often be the easiest win. The accounting value for property is not generally the market value and can be the carrying value from a purchase made decades ago. If any value for property or land is shown in the fixed asset note, no matter how small, it is advisable to obtain further details on the location and asset type. This information can then be used as an approximation whether there is hidden value in this area.

Inventory – for accounting purposes, stock should be valued at the lower of its cost and the potential value on sale. Whilst there is not normally a valuation adjustment here, a wide margin between the two figures accompanied by the stock being in a state ready for resale, could give scope for negotiation. Especially if the business is being valued on a ‘fire sale’ basis.

Investments – this asset category can cover a wide range of assets. At the most basic level this could be a parcel of listed shares or it could indicate the existence of one or more trading subsidiaries. Investments in other companies would be particularly interesting as substantial trade and assets may be hidden away from the view of this company’s balance sheet.

Overstated liabilities – these can be used to artificially decrease the overall net asset value of a company. Common examples include overly prudent reserves for items such as future dilapidations, warranty claims or restructuring. This is often a hard area to gauge from the accounts alone.

Intellectual property –can indicate that the company has been developing an asset or product with a view to monetising this at a future date. Where this exists, a seemingly loss making company could have a value higher than expected.

Cash – the strongest sign of a valuable company would be a sizeable cash balance indicating history of strong profits in excess of the amounts drawn out. This often occurs in owner managed businesses, as the cash is ‘money boxed’ to avoid a tax charge on extracting the funds from the company.

Profitability – whilst not a balance sheet item, the overall profitability of a company should be treated with caution. In a sale scenario, the profit figure is ‘normalised’ to allow for potential non-market rate transactions. This could include non-business expenditure being added back to increase profits, or a decrease in profits to reflect the lack of a salary for the Director/ Shareholders.

Ensors Corporate Finance team are experienced in undertaking and assessing valuations for commercial and dispute scenarios.

Please contact Simon Martin for practical advice on any valuation dilemmas.

book REviEwS

CIVIL PROCEDURE 2024 - The White Book Service 2024

Two Volumes

Editor-in-Chief: Lord Justice Peter Coulson

ISBN 978 0 41411 878 2

SWEET & MAXWELL/THOMSON REUTERS www.sweetandmaxwell.co.uk

Remaining the most detailed and durable of all the civil practitioner titles in a changing legal world

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

“Civil Procedure 2024”, also known as “The White Book Service 2024”, continues to offer us the most comprehensive service in paper and digital formats in all matters relating to professional practice. It remains the fundamental purchase for all civil practitioners as working patterns continue to change in 2020s. Always read the Preface each year for the changes which have recently taken place.

The White Book is rightly relied upon by more judges and lawyers than any other legal text. It’s trusted for its authority and commentary as the ultimate expression of “all things civil procedure”. For those new to the work, the “White Book” contains the sources of law relating to the practice and procedures of the High Court and the County Court for the handling of civil litigation, subject to the Civil Procedure Rules (CPR). These sources are supplemented by unequalled substantial expert commentary relied upon in court by more judges and lawyers than any other legal text and is trusted for its authority and commentary.

It sets out the latest amendments made to the Civil Procedure Rules (CPR) and brings the book up to date with all CPR amendments published in the supplements to the last edition. All relevant commentary has been updated, together with recent and important case law, plus new and updated editions of the various Court Guides. Also available are supplements in print, and an eBook powered by Thomson Reuters ProView and online at Westlaw UK. The aim is to intelligently connect your civil litigation work with the book’s content, expertise, and technologies whilst advances continue to be made in the way we do our professional business today.

The date of publication is stated as at December 2023.

“The White Book” itself builds on a long and interesting historic evolution. Its publishing pedigree can be traced back to the 1870s, during which the first edition of ‘Annual Practice’ was published following the restructuring of the English civil courts. It was eventually renamed ‘Supreme Court Practice’, the last edition of which came out in 1998. Finally -- and coinciding with the coming into effect of the Civil Procedure Rules in 1999 -- it underwent a further name change to the now familiar ‘Civil Procedure’.

Ever venerable, yet ever young, and resolutely current with frequent updates, “The White Book” maintains its reputation as the ultimate authority on the civil procedure rules – and predictably will remain indispensable to judges and practitioners alike. So, if you practice in the civil courts, this is a work of reference -- plus resource base -that should help you maintain the highest standards of advocacy.

Volume 1 holds the core materials needed for practising in the civil courts - County Court, High Court, and the Court of Appeal. It is principally devoted to the Civil Procedure Rules (CPR), Practice Directions and Pre-Action Protocols, together with substantial and comprehensive expert commentary. Volume 2 offers materials relating to special procedures, Procedural and Court Guides, legislation, and commentary on other, substantive, proceedings like housing, business tenancies, insolvency, and useful commentaries on contempt of court and limitation legislation, plus extended commentaries on the CPR generally, Rights of Audience, ADR and interim remedies, and other general resources, including jurisdictional & procedural legislation. With the White Book 2024 you receive the latest edition of Costs & Funding. The date of publication of the 2024 annual hardback edition is cited as May 2024.

MIGRANT SUPPORT HANDBOOK

By Shu Shin Luh and Connor Johnston

ISBN: 978 1 913648 53 4 (book) 978 1 913648 54 1 (ebook)

LEGAL ACTION GROUP

The access to justice charity www.lag.org.uk

An indispensable handbook for specialists in immigration law, yet accessible to all interested readers

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

Is there a new law text out there that is more topical than this? Not to mention more vital than this? Probably not -- although many may well argue the point. It is indisputable, however, that mass migration, whether legal or illegal, has become an international problem, particularly for the UK -- and in the view of many -it is a problem that is well-nigh insoluble.

It is fair to say, however, that immigration lawyers in particular -as well as anyone involved in, or committed to, achieving viable solutions to the problems inherent in migrant support -- will welcome the publication of this book by the Legal Action Group.

Authors Shu Shin Luh and Connor Johnston have noted that the book (conceived some six years ago) was painstakingly researched and written to ‘replace the irreplaceable’ “Support For Asylum-Seekers” by Sue Willman and Steve Knaffer QC, published by LAG in 2009. It is sobering to recall how much and how quickly and relentlessly the world has changed since then -- making the problem of asylum seekers ever more acute.

The publication of this book is therefore all the timelier. And certainly, the almost insoluble complexity of its subject matter is reflected in its more than 12,000 pages of scholarly and thorough research presented

(in the tradition of the LAG) in a clear, accessible style; accessible, that is, not only to lawyers, but to anyone interested in, or involved with, this detailed and certainly controversial and difficult subject, which has occasioned so much debate.

With its focus on the welfare and legal rights of migrants, the book provides in-depth coverage of, for example, housing and welfare, benefits, NHS access and provision and social services, as well as support for failed asylum seekers with reference to special cases; notably unaccompanied children and -- most heart-rending of all -the victims of human trafficking.

This is a handbook you could almost call encyclopaedic. Certainly, it offers specialists in this wide-ranging and many-faceted and complex area of law, a gateway to further research. Note that the first 150 or so pages contain tables of cases... statutes... statutory instruments... immigration rules... and a table of European and international legislation. Also, for a volume its size, it is remarkably easy to navigate, containing as it does, copious footnotes, a detailed table of contents and an even more minutely detailed index of at least 115 pages. A handy handbook? Absolutely.

As immigration -- both legal and illegal -- will undoubtedly emerge as a prime issue during elections and beyond, this scholarly yet eminently readable volume will prove indispensable, not only to practitioners, but to anyone interested in the wide-ranging issues inherent in this undeniably difficult area of law.

Managing Expectations During Probate

The most common question I get asked during probate by beneficiaries is about understanding timescales. It is important to manage expectations in a professional and efficient way, while at the same time being compassionate and empathetic as we are always working with clients suffering through grief.

Our goal is for our clients to remember the individual who has passed away and not be burdened with the administration element of probate. Ultimately, the issue of probate also means we are able to distribute assets or assist in selling properties within the estate, which helps families gain closure and move on.

By James O’Toole, Solicitor John Fowlers Solicitors

Estatesearch’s Financial Profile search includes AML and Identity Trace, Liability Search and Financial Asset Search. In the Financial Profile Premium, it also includes Company Directorships and an Unclaimed Asset Search that includes up to 40 additional pension and insurance providers to help locate forgotten accounts, policies, and shareholdings within 30 days.

Estatesearch Financial Profile Search is a cost effective and efficient option which offers peace of mind that nothing has been overlooked.

Our probate team of four solicitors plus seven legal secretaries is one of our largest departments. We have a substantial Will bank where much of our probate work originates from. However, we also work with beneficiaries and executors both locally and across the UK who approach us directly.

An initial meeting is a time to talk about the process of probate and what to expect, then we inform beneficiaries with meaningful updates when milestones are reached. We pride ourselves on our excellent client care and to achieve this we must first identify all the assets within an estate. Therefore, early in the probate process we conduct a full Financial Profile Search through Estatesearch. Even if executors don’t believe there are assets the family is unaware of, we suggest an asset search as a best practice approach.

Previously, we might have had a steer from the family, then proactively written to each of the relevant financial institutions to establish what assets were held by the deceased. However, this was time consuming and even in the best case, a family can never be entirely sure what assets are held. It’s easy to forget an old pension pot or shares or these days, not to be aware of online accounts.

Several clients have been surprised and pleased when the search has discovered unknown accounts. These have all contained relatively small amounts of money which have not impacted the IHT position. However the searches demonstrate the importance of due diligence for us as a firm, as unravelling the situation in relation to IHT if a substantial asset was discovered at a later date, would be highly complex.

We also use Estatesearch to place statutory notices, to undertake share valuations and for ID and bankruptcy checks. We use Estatesearch’s free, secure online portal which means searches are seamless, easy and quick to order reducing the overall time spent and therefore, cost for the estate.

We have even recently used Estatesearch’s Will Search in a difficult situation where one executor questioned the validity of an existing Will. Without Estatesearch’s Will Search options would have been very limited to check if any later versions of the Will had been made. It meant we could remain professional and objective throughout a challenging matter.

We want to ensure that everyone is given the same level of excellent service and treatment and that we can guide and support clients through probate as professionally as possible. Being able to work with Estatesearch is valuable, as a comprehensive asset search in addition to the add on searches speed up processes and ensure we can offer an efficient and seamless service for the benefit of our clients, making what is always a difficult time, a little easier.

For further information about John Fowlers please see: www.johnfowlers.co.uk

For further information about Estatesearch please see: www.estatesearch.co.uk

This month, on 12th March 2024, charity sector representatives delivered evidence in Parliament to demonstrate the significant impact of probate delays on charities in an official hearing session that forms part of the Justice Committee’s Probate Inquiry.

Submitting evidence to the cross-party committee of MPs, the three panellists highlighted how delays at probate affect both charities and beneficiaries of charitable services, particularly those that are reliant on funding from gifts in Wills. Sector representatives included:

Alex McDowell, Vice Chair of Remember A Charity and Director of Fundraising at The Duke of Edinburgh’s Award Angela Morrison, Chief Operating Officer, Cancer Research UK Dave Hawes, Director of Finance & Infrastructure, Devon Air Ambulance Trust and a Board member of the Institute of Legacy Management (ILM). During the session, sector representatives welcomed recent improvements in probate output and opportunities to collaborate with HM Courts and Tribunals Service (HMCTS), suggesting improvements for long term change, which include:

• Appropriate resourcing for HM Courts and Tribunals Service (HMCTS), enabling probate teams to upscale their services and meet rising demand as death rates climb, reflecting too on the growth of charitable gifts in Wills.

• More publicly available data on the scale and scope of the backlog and ongoing workflow, including ‘stopped’ estates, to ensure that charities have the information needed to inform their forecasting.

• Continued collaboration with the charity sector to ensure that any changes or proposed improvements reflect charities’ needs and have no unintended consequences on charities.

While the focus of the hearing was on charities and how their services, forecasting ability and wider finances are impacted by the probate system, the panellists reflected too on the profound impact on grieving families, many of which turn to charities fo support.

Speaking after the event, Alex McDowell, Vice Chair of Remember A Charity and Director of Fundraising at the Duke of Edinburgh’s Award, said:

“Charities are increasingly reliant on income from gifts in Wills, and any delays or problems at probate can have a significant impact not

only on funding for vital charitable services and beneficiaries, but on charities’ ability to forecast their income and budget for the future.

“We’ve seen probate output levels improve significantly in recent months and that’s the chink of light that charities have been waiting for to enable them to shore up their support for beneficiaries at a time when demand for charitable services has never been higher. And now, for charities to be able to continue delivering such critical services, it is vital that the Probate Registry is equipped and resourced to manage the increasing number of cases at probate, without compromising on quality.”

Dave Hawes, Director of Finance & Infrastructure, Devon Air Ambulance Trust and a Board member of the Institute of Legacy Management (ILM), said:

“This was a welcome opportunity to explain why and how probate delays have impacted charities of all sizes right across the sector, which I’ve seen both as a director of Devon Air Ambulance and as a Board member of ILM.

“The probate service is crucial to ensure that people’s last wishes are followed and it’s important that HMCTS is able to support this in a timely manner both now and into the future.”

Remember A Charity and the Institute of Legacy Management have been working closely with HMCTS as part of the Probate Service Users Working Group, ensuring the impact of delays on charities is represented in key discussions and factored into ongoing service developments.

McDowell added: “HMCTS has already committed to several steps to improve the probate ecosystem for charities, which includes provision of more information on cases in the system and an indicator to identify charitable estates in the system. We are grateful to the team for their continued support and recognition of just how crucial the probate service is for charities.”

Gifts in Wills currently raise around £4 billion* for good causes annually, funding vital charitable services for charities and communitybased organisations across the country.

Link to online article: https://www.rememberacharity.org.uk/about-us/latest-news/charity-panel-highlights-impact-of-probate-delays-in-parliament/0

Our annual consumer tracking study has found that public appetite for legacy giving is on the rise, with more than one in five charity donors (21%) aged 40+ saying they have included a charitable gift in a Will, up from one in seven (14%) in 2010. Over the same period, rejection of legacy giving has dropped from 13% to 9%.

Figures from 2023, released today, found that supporters with a Will in their 40s and 50s are most likely to have pledged a legacy gift – with almost four in ten (37%) having included a charity. This compares with around one quarter (27%) of those aged over 60. Legacy pledgers are also more likely to be single and without children or grandchildren. Pledger rates are highest amongst those who are affluent, aware of the inheritance tax incentives and who have sought professional advice for their finances.

Three quarters of supporters (77%) say they would be willing to leave a small percentage of their estate to charity, with more than one in ten (13%) saying they would be open to leaving 10% or more of their estate.

Our consumer benchmarking study*, carried out by independent research firm OKO, surveys more than 2,000 charity donors aged 40+ to track legacy giving attitudes and behaviour year-on-year. Over the last 14 years, the study, which follows Prochaska’s Stages of Change model, has tracked long-term forward movement in legacy giving from awareness through to preparation and action.

Lucinda Frostick, director of Remember A Charity, welcomes the findings, saying: “This study shows the long-term positive shift in legacy giving attitudes and behaviour, and that the propensity for giving in this way is gaining ground beyond the Baby Boomer generation, particularly for those in their 40s and 50s. This indicates that there’s great potential for continued growth of the legacy market, but it also stresses the importance of supporter stewardship.

“Legacy income is crucial for an increasing number of charities. While we can’t impact the economic environment that drives legacy values, we can positively influence the proportion of people choosing to leave a gift; by working together, and engaging with legal partners, Government and others to make legacy giving a social norm.”

Will-writing trends

The study shows an incremental rise in Will-writing, with almost two thirds (64%) of supporters having written a Will, up from 63% in

2022 and 62% in 2021. Of those with a Will in place, almost one third (31%) have included a legacy donation, up from 29% in 2022. Around three in ten (29%) pledgers added charities when making changes to an existing Will.

The average age when first making a Will is 51 years, although more affluent individuals are more likely to write their Will at a younger age. Key life stages, such as births, deaths and marriage are the main triggers for Will-writing, with the death of a loved one featuring more heavily for younger Will-making, and retirement a common trigger for older Will-makers.

Professional advisers continue to play a key role in Will-writing with almost six in ten supporters (57%) saying they have used or would use a solicitor to write their Will and 17% a Professional Will-writer. Free Will schemes are more likely to appeal to younger and less affluent audiences.

Legacy giving is one of the largest sources of voluntary income for UK charities, raising £4 billion annually**.

Additional findings include:

• 64% of legacy pledgers haven’t let charities know they have included a gift;

• Of those, almost half (47%) say it never occurred to them to tell the charity;

• And for 25% of them, they can’t see how it would help to let the charities know;

• The biggest barrier to leaving a gift in a Will for supporters is that they want to leave everything to family or friends (63%).

Remember A Charity works with charities, a network of legal advisers, partners and Government to grow legacy giving all year round. We also hosts the annual Remember A Charity Week, taking place 9-15 September 2024.

King Charles iii announced as new Patron of The Solicitors’ Charity

Following His Majesty The King’s Accession in September 2022, a major review of more than 1,000 Royal Patronages and charity Presidencies was undertaken. To mark the first anniversary of Their Majesties’ Coronation, the conclusions were shared with The Solicitors’ Charity this week.

Queen Elizabeth II was patron of 492 organisations, while King Charles III was affiliated to 441 and Queen Camilla 100. Following the review, just over 830 have been retained by the king and queen or passed to other members of the royal family.

The Solicitors’ Charity is honoured that His Majesty has accepted the patronage of The Solicitors’ Charity. The late Queen Elizabeth II was the Charity’s previous Royal Patron.

The Solicitors’ Charity has been supporting solicitors since 1858. It provides comprehensive support to improve the wellbeing of solicitors, helping them to overcome life’s challenges.

Chair, Ginny Cannon, said:

“We are honoured and thrilled that His Majesty The King is to become our Royal Patron. Royal patronage is a huge endorsement of the vital services we offer to solicitors and the positive impact we make on the lives of the people we help.

We are delighted to welcome His Majesty as Patron of the Charity.”

The patronage was announced by the Royal Household to mark the first anniversary of the Coronation. The Solicitors’ Charity was told that King Charles III was “delighted” to accept the role.

Royal patronage endorses the work of more than 800 charities retained by Their Majesties and Members of The Royal Family, including military organisations, and professional and public service bodies in Britain and the Commonwealth. It allows their achievements and valuable contributions to society to be more widely recognised and promoted.

Find out more about the Charity’s work at: thesolicitorscharity.org

Link to online article: https://www.rememberacharity.org.uk/about-us/latestnews/charity-panel-highlights-impact-of-probate-delays-in-parliament/

The Solicitors’ Charity Chair, Ginny Cannon (pictured), is delighted to learn that King Charles III will be the Charity’s new Royal Patron.