In Touch The Official Magazine of Suffolk & North Essex Law Society
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Contents
Issue 20 Summer/Autumn 2019 Articles in blue are indepedant advertorials and not neccessarily the opinions of the Society
5
A Message From Our President
6
From The Council Chamber
8
Dates for the Diary
10
Lawyers: Be More Awesome! How to increase your performance whilst reducing your stressl
Design Matt Wood - East Park Studio
11
Eastern D & I Forum
14
Using DNA testing to aid the transgender community
Media No. 1111
15
PRO/PLO Report
16
President’s Annual Dinner 2019
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Annual General Meeting 2019
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Training New Lawyers for Long Term Success
20
Options to tax on commercial property - Where it can go wrong
21
Suffolk Royal British Legion Golf Day
22
Entrepeneurs’ Relief - Update on Recent Changes
26
Misunderstanding of Wills Risks Inheritance Failing to Reach Children, Loved Ones and Charities
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Fridays at Quill
Editor Chris Andrews
Features Christine Kettle Advertising Simon Castell
Accounts Tony Kay
Published September 2019 Legal Notice
© East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press. The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex Law Society.
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Suffolk & North Essex Law Society
EAST PARK COMMUNICATIONS Ltd. Unit 27a, Price St. Business Centre, Price St., Birkenhead, Wirral, Merseyside, CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunication.co.uk www.eastparkcommunication.co.uk
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A Message From Our President
Officers of the Society
Suffolk & North Essex Law Society
President Matthew Cameron Ashtons Legal Bury St. Edmunds Tel: 01284 727016 Fax: 01284 764214 Email: Matthew.Cameron@ashtonslegal.co.uk Vice President Chris Andrews Colchester Tel: 01206 576151 Fax: 01206 761916 Email: chris@johnfowlers.co.uk Deputy Vice President Amanda Timcke Birketts Ipswich Email: Amanda-Timcke@birketts.co.uk Honorary Secretary Ivana Radovic Birketts Chelmsford Tel: 01245 211289 Email: ivana-radovic@birketts.co.uk Honorary Treasurer Louise Cardwell Ashtons Legal Tel: 01473 261320 Email: louise.cardwell@ashtonslegal.co.uk Honorary Council Member Roger Buston Birkett Long Colchester Tel: 01206 217335 Mob: 07770 305 977 Email: roger.buston@birkettlong.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 Email: Amanda-Timcke@birketts.co.uk Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich, IP6 9UN Tel: 01449760731 Email: snels@topcopysec.co.uk
Hello, and welcome to the latest edition of In Touch, your guide to what is going on through your local Law Society. Having passed the task of editing this journal to Chris Andrews, in his role of Vice President of SNELS, I now have the honour of writing the editorial. I hope it will entice you to carry on reading. My year as President started at a most enjoyable AGM in June. My thanks to the Partners of Birketts for hosting the AGM, to Juliet for having again organised the quiz afterwards, and to Ivana for organising the fish & chip supper. The current format for the AGM, with a quiz to follow, has been running for a few years now, and does appear to be a successful event. I for one hope that I will finish off my year in office in the same way, and I would entice you all to make space in your diary for next summer’s event. My thanks in particular go to Denise Head for her year as President. Alongside running a practice, Denise dedicated a substantial amount of time to the task, and I am grateful to her for her help and assistance. Our guest speaker at the AGM was David Greene, now Law Society Vice president. Given David’s experiences of the Society’s involvement in international matters, I found his presentation of particular interest. Our next event is the Annual Dinner, to take place on Friday 15th November at Seckford Hall. Preparations are well under way, and I do look forward to meeting with lots of you at the event. On a final note, one of the issues that arose from the questionnaire that we circulated at last year’s Dinner was the need to improve our communication, in particular by updating our website and more use of Twitter. We will hopefully have more news on the website very soon. I would invite everybody who uses Twitter to follow @SNELS_UK, and do please use this to message us if you would like.
A bientôt!
Matthew Cameron
President, Suffolk & North Essex Law Society
www.snels.org.uk
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From the Council Chamber
SNELS Council Member Report Chancery Lane - September 2019
CM Brief As Law Society Council Constituency Member for Suffolk and North Essex I represent SNELS members nationally both on TLS Council, the Conveyancing and Land Law Committee (CLLC) and on the Property Section (PS) Executive Committee.
CM Activity Attended: PS Exec 18th June 2019. TLS Council 2nd – 4th July 209 (AGM). CLLC 5th September 2019. Forthcoming: TLS PS Exec 24th September 2019. TLS Council 2nd - 3rd October 2019. CLLC : 20th November 2019
Purpose: TLS is the voice of Solicitors: driving excellence in the profession and safeguarding the rule of law Exec summary Council had discussions about several key issues for the profession, as well as hearing about TLS’s programme of influencing public policy on areas including access to justice, the role of the profession, and criminal and civil justice. The nature of TLS’ s relationship with the SRA, and how this might develop in the future, was also discussed. Internal Governance Rules (IGR) have now been published and we will be working on ensuring that TLS understands what can and cannot be done within the new framework, with the focus being on ensuring that we provide top class representation to our profession, while at the same time not neglecting the responsibilities we have in relation to the SRA
Influencing for impact: Regulation: Mayson An Independent review by Professor Mayson (UCL London) is looking at future regulation of the profession. The review is considering a number of possible regulatory models for the future, including models for the regulation of activity and/or title. There are advantages and disadvantages associated with the various models proposed and Council agreed it will be important to assess carefully the impact of reform, particularly in relation to areas proposed to be more lightly regulated, bearing in mind the public interest and public protection. We anticipate a report from the review in October. Current TLS thoughts (in summary) : Timing: TLS would not argue that the current regulatory framework is perfect, but equally, it succeeds in its purpose. The problems raised are acknowledged, but these are insufficient to trigger reform. Given broader pressures on the profession, now is perhaps not the best time for the Government to re-open the legal framework imposing radical reform on a profession which is under serious stress, with many firms risking insolvency. 6
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The appropriate time to review it would be when: (a) there are specific problems identified with the current regulatory framework, (b) workable solutions are identified which cannot be implemented without amending the framework, and (c) detailed analysis of impacts on the legal services sector, showing substantial benefits of regulatory reform for the public. Rationale for regulation: Legal regulation must serve the public interest. To take a narrower view of regulation, for example by looking merely at consumer interests, or looking at it from a purely economic or competition standpoint would risk broader harm to society. This could for example undermine public protection or cause miscarriages of justice Professional Titles: Strong and distinct professional titles give meaningful choice to consumers and help to avoid a race to the bottom in regulatory standards. Title-based regulation should be encouraged, as it helps to deal with consumer protection gaps in non-reserved areas. Reserved Activities: There is a public interest in maintaining reserved activities, which only regulated professions can perform. The key characteristics of reserved activities should be: (a) It relates to an area of significant risk and detriment to society at large, such that poor quality service will impact not only on the individual consumer, but the wider public. (b) There is a public interest in the existence of a broader set of professional and ethical duties, which go beyond the duty to serve a client’s best interests, such as duty to the court and proper administration of the law. These criteria link well with the current list of reserved activities and should be applied in considering the future scope of reserved activities. Independence of the legal profession: Council remains firmly committed to the principle of regulatory and representational independence. An independent legal profession is an essential cornerstone of our justice system, which underpins the rule of law and provides the public with confidence in the justice system domestically and abroad.
Legal Technology This is a growing area of work for TLS and our members. It covers issues such as document automation, use of chatbots, practice management tools, predictive analysis, and knowledge management and research. Barriers to implementation include
culture, training, operation and regulation, and the legal sector is still behind the financial sector in the use it makes of technology.
Promoting the profession 1. Brand Awareness Council was updated on the latest advertising promoting our profession as honest and honourable, approachable and accessible, experts in their field, client-focused, delivering value for money and adding value to society. Materials this year focus on real clients and their stories.
2. Law Management Good practice management enables a firm to focus on delivering for clients. Council heard a presentation on TLS’s work to support members with current and future challenges in law management from the chair of TLS’s Law Management Section. TLS’s work focuses on support and assistance for firms of all sizes in running their firms. TLS will share good practice, thought leadership and innovation. TLS does this through conferences, magazines, webinars, web content and e-newsletters. Challenges for the next three years include regulatory change, the impact of technology, and the continuing emergence of alternative legal services providers.
3. Freelance solicitors and solicitors in unregulated entities The SRA handbook changes, which are likely to be introduced later this year, will allow for a new category of solicitor – the ‘freelancer’, practising in their own name and not employing any other staff (if they are offering reserved services). TLS has been running an information campaign to encourage members to be ready for the changes, but we have also anticipated members’ need for help and guidance for those who want to consider freelancing and for other members about how to work with freelance colleagues – with web resources, a practice note, a blog and articles as well as webinars and e-learning.
4. Practising Certificate fee Council agreed to keep the proposed Practising Certificate fee at the same level for the third year running. This proposal will go on to the LSB for approval.
5. TLS Financial Statements TLS Audit Committee presented its annual report to Council, having assured the Board that the financial statements for 2017/18 are true and fair. TLS‘s annual report and accounts are published on TLS Website.
Council was updated on TLS’s evolving business plan for 2019/20, which will include policy themes of access to justice, the role of profession, technology, civil justice, regulation, property and Brexit. TLS will also be looking at the member offer - of events and accreditations, along with commercial income, insights and data.
Suffolk & North Essex Law Society
TLS’s new Lawtech webpage brings together work in this area. This includes a series of podcasts which begin with an introduction to Lawtech. The page had over 2,000 hits in the first two weeks and the podcasts were viewed over 200 times. TLS is also working with partners form Legal Geek to Barclays Eagle Labs. Next steps will include developing a digital guide and rolling out events on the topic to regional legal centres.
6. TLS Business plan 2019/20
7. TLS Council Membership Council was updated on the work of its Council Membership Committee (CMC), which is considering the representative role of TLS Council and how it can better reflect the changing make-up of the profession
8. SQE 1& 2 These examinations will define the quality of our profession for many years to come. Concerns remain that the SQE 1 may cost significant amounts, possibly not attract qualifying loans and, as shown by the results from the recent pilot, risks reducing unacceptably the standard of entry into the profession Roger Buston - TLS Council Member SNELS, Bikett Long Office: 01206 217335 Mobile: 07770 305977 email: roger.buston@birkettlong.co.uk
Dr. Lars Davidsson
MRCPsych MEWI
Consultant Psychiatrist and Accredited Mediator Dr. Lars Davidsson is a consultant psychiatrist of almost 30 years standing. Over the past ten years, he has provided more than 2,000 medico-legal reports and attended court as an expert witness on a regular basis. With almost 10 years experience from his local Criminal Justice Mental Health team, Dr. Davidsson has a special interest in anxiety & trauma, including as a result of road traffic accidents. He has also written an increasing number of reports for employment tribunals. He is experienced in giving evidence at the Magistrates Court, High Court, Crown Court and County Courts, mainly for family matters, as well as Military Tribunals. He also attends professional hearings as an expert witness for GDC, NMC and GOC. Dr. Davidsson has undergone continuous formal training in report writing and court appearance and is a member of The Expert Witness Institute. Clients can usually be seen within two weeks after receiving instructions, with reports available after another two weeks, provided all the necessary paperwork is submitted on time.
t: 01702 464099 M: 07969 181936 F: 01702 410156 E: info@angloeuropeanclinic.co.uk W: www.angloeuropeanclinic.co.uk Prittlewell House, 30 East Street, Southend, Essex, SS2 6LH Clients can also be seen in his consulting room at Suite 1, 4th Floor, 2 Harley Street, London, W1G 9PA
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Dates for the diary Suffolk & North Essex Law Society
Dates for the Diary Thursday, 11th October 2019: Suffolk Royal British Legion Golf Day – Stowmarket Golf Club (see Page 21)
Thursday, 15th November 2019: President’s Annual Dinner – Seckford Hall Hotel, Woodbridge (see Page 16)
Future Council Meetings: 28th October 2019 20th January 2020 16th March 2020 18th May 2020
Practice Management Seminar (Date and venue to be advised)
Larking Gowen has offered and SNELS is pleased to support a seminar which will be of interest to COFA’s, Cashiers and Partners with a specific interest in client money matters. Larking Gowen will provide a brief overview of the changes to the Solicitor Accounts Rules which come into effect in November 2019 and offer practical advice on using these new rules to your advantage. Speakers will be Jon Woolston, Richard Betts and Ellis Lake of MHA Larking Gowen.
21st September 2020 2nd November 2020 (TBC) 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.
Details will be circulated once we have a date and venue.
the hampden consultancy Building services (mechanical & electrical) consulting engineers Expert witnesses / Expert advisers / Expert assessors
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Please call Bob Swayne EngTech AMIHEEM for an initial discussion without obligation on 01494868868 or 07768497005 or visit our website on www.thehampdenconsultancy.com for more details.
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Lawyers: Be More Awesome! How to increase your performance whilst reducing your stress After much planning we are thrilled to finally announce dates for a series of FREE well- being and performance enhancing workshops that we are hosting across East Anglia in collaboration with Vikki Pratley of Skylark.
that is not successfully managed. Vikki was inspired to help others to be high performers without risking burnout so retrained as a coach and licenced practitioner and founded her business, Skylark. Vikki now works with professionals to help them successfully manage work place stress and create sustainable high performing environments. Vikki has a holistic approach to her work, always starting with the individual before equipping them with a tool-kit for success including a mindset, key skills and, for leaders, a process. Clara Rose – Legal Careers Consultant www.clararoseconsultancy.co.uk 020 3286 7884
After many years as a practicing employment lawyer and a founding partner of a successful law firm, Vikki suffered from burnout; recently recognised by the World Health Organisation as being caused by chronic workplace stress
IPSWICH
17th October 2019 - Yates
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6th November 2019 - Bills
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13th November 2019 - Castle Bar
Have you noticed that some people become very successful very quickly yet still have time to have a life outside work? Would you believe it if we told you they have equipped themselves with self-directing skills, that are totally learnable? Well it’s true! Taking responsible initiative for your career is the first step to Being More Awesome! But by adding into the mixture key skills they don’t teach at law school, you can take your performance to the next level without increasing your hours. In these interactive sessions, we will explore this fundamental attitude of ‘Responsible Initiative’ whilst practicing some of the 7 Key Skills of highly successful people.
The self-directing skills for life we will introduce you to within this 90-minute session will include: • Negotiating for success; influence and negotiate better than you’ve ever done before (and for yourself, not just your clients!) • Controlling your own workload; learn how to manage your stress levels and your manager! • Managing your own career; you will leave the session with your own powerful career plan for success. Please select a date and location that best suits you by visiting the Eventbrite website, searching up “Lawyers: Be more Awesome” and booking your FREE place! The Ipswich date is being hosted in conjunction with SNELS, we look forward to seeing you there.
www.eventbrite.co.uk/e/lawyers-be-more-awesome-tickets-65929519969
For a short while, the Law Society has been running Diversity and Inclusion (D&I) forums across the country. As well as the chance to delve into D&I concerns of those in the room, the participants at our D&I forums hear directly from the Law Society about what we are doing in the D&I sphere and are an opportunity for people to discuss issues of mutual concern relatively informally. The forums are designed to provide shared learning and peer support as well as the opportunity to work more closely with both the Society’s D&I team, and each other. A wide range of individuals attend our forums, which include (but are not limited to): D&I professionals; HR professionals; partners and other fee earners; in-house and other legal practitioners; Local Law Society representatives; or anyone else involved or interested in D&I within law firms and in-house legal departments. The overwhelming success of our D&I forums has meant we have expended them throughout England, and in Wales. Currently, we have had regional D&I forums in London, Manchester, Liverpool, Sheffield, Leeds, Newcastle, Cardiff, Birmingham, Bristol and Southampton; and have more planned!
Untitled-1 1
Last month, we held our first Eastern forum in Cambridge, kindly hosted by Birketts. We had a full room of attendees, who represented large and medium firms in the top 200, and Cambridge Law Society. Discussions focused on the hot D&I topics of attendees: unconscious bias; recruitment and how to set up disability networks. We hope that this forum will mirror those across the country and meet quarterly to continue to discuss issues and share best practice. Our D&I forums also offer the chance for attendees to influence the work of the Law Society and advise the Society on how to improve D&I within their organisations and region, and to help to organise more in-depth training and meetings on various topics, e.g., mental health and gender pay gap reporting. If you would like more information, and to see our schedule for 2019, please visit our webpage, and to join our Eastern forum, or to host a forum in 2020 please contact Chris.Seel@lawsociety.org.uk or or beth.quinn@lawsociety.org.uk
www.snels.org.uk 18/09/2019
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Suffolk & North Essex Law Society
Eastern D&I Forum
An X-Press service for solicitors and conveyancing professionals Suffolk & North Essex Law Society
X-Press Legal Services was established over 20 years ago, with the aim of streamlining the propertybuying process by providing specialist searches and reports combined with a personal service. The company has been so successful that it now provides over 400,000 conveyancing searches and reports to some 500 legal practices every year across England and Wales. Whether you are dealing with a property being built, bought, sold, repossessed, re-mortgaged or re-developed, X-Press Legal have the knowledge and experience to provide only the best data and reports. A key reason for the company’s success is that its offices are owned by local experts, who are supported by a dedicated national office. Jo French owns X-Press Legal Services covering Essex, Herts and Cambridgeshire and Ashley Peters, owns X-Press Legal Services Norfolk & Suffolk. Both Jo and Ashley have been in business for over 7 years and have built a strong network working with local councils and other organisations providing searches and reports for their clients.
Ashley explains: “We are both proud to live and work in our areas and we know them well, we have many loyal clients and we totally understand their needs. Jo continued, “We are ‘real’ people and we make it our business to provide our clients with a highly professional, fast and friendly service that’s tailored to their needs, nothing is too much trouble. As you would expect we use the latest technology to deliver our high-quality, data-rich reports which comply with all the industry regulations. ” To ensure that they can always provide a reliable and accurate service, the people at X-Press Legal have forged close relationships with industry specialists such as Ordnance Survey, Groundsure, Landmark and the Coal Authority. The company is also an Executive Member of the Council of Property Search Organisations (COPSO).
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How Do You Find Out About Care Services for Older People?
Social Care and Loneliness
Older people, single, having no children, having children, it makes no difference. When a crisis occurs and knowledge about the care sector is needed, the amount of information that people of all ages have is sadly lacking. The result being that when an older member needs care support, the usual situation is that no one knows much about the subject or the practical realities of accessing an appropriate service. Where and who do you go to for help and information? Social Services both in Social Care and Health are the natural link to information. Many social workers are part time, many have large caseloads and with an increasing number of Angela Gifford, MD.information Able Community older people needing care, more social workers are needed. It is a fact that many people seeking fromCare Ltd. social services are not given comprehensive information.
One contributing aspect is that older relatives often lose touch with each other.
The local GP Surgery may offer some local care information but are not usually a resource centre. The emergence of Hubs which contain a range of health professionals and related staff are more likely to be able to offer help and Brothers and sister, nieces and nephews do not always • A Live-in Carer taking his client in his wheelchair to guidance, but these are not nationwide service bases. Depending on where you live, urban or rural, will mean there live close to each other. When we are young, keeping the park finishing up enjoying a piece of carrot cake may or may not be local voluntary organisations that can help and give out helpful information. up contact by visiting and celebrating family days in the park café. to the can provide a wealth of information. However, knowing where to look, what to look for is not isAccess easy but as internet time moves on, as age increases, it • One older client still looks forward to her weekly necessarily straightforward. Some telephone helplines are good sources of information, but you have to know who becomes more difficult. ‘cut, wash and set’ at her local hairdressers taken they are and what the number is! Thousands of older people no longer drive, feel unsafe there by her Live-in Carer. The common phraseand ‘Youoften don’tfind know what youexcuses don’t know’ is particularly relevant when seeking practical solutions on public transport they make • Light gardening, gentle exercise on a sunny day, to atocare situation. is this?invitation; attend a not visit; accept Why a wedding enjoyed by both client and carer. special birthday celebration or attend a funeral because Unlike trying to persuade people to give up smoking, to exercise, to reduce weight, etc there are no public funded to arrange the trip is seen as too much for them to take Visiting relatives who live away can be made easy with advertisements giving guidance and direction when it comes to the aspects of care for older people. There are no their support. For example, a Grandmother attended part in. comprehensive, roadmap leaflets in libraries, pharmacies, health centres or resource centres. her Grandson’s wedding in France; a young man visited Loneliness is at epidemic proportions, (1.36 million Care must be paid for, who pays and who does not, what are the eligibility in criteria? Where do youa look find the his relations New Zealand and Mumtowent to visit people are lonely as advised by Age UK for thewhat period appropriate care needed? A person needs care, are theirand legal rights and them? Whataway questions stay with herwho sonprotects hundreds of miles from her 2016/2017) andalosing face to face contact should you ask care provider? What shouldwith you look for andhome. ask about when visiting a potential care home? What, relatives can be equipment part of an individual’s problem, if any, disability might be needed; whatwhether is available and how do I make contact to enquire? Our Live-in Care Service enables people to enjoy social they live in cities, towns or in rural and remote country There have been in the past ‘One Stop Shops’ or similar which were information points, but with reducing funding in activity, any time, any day. areas. the sector, these usually had short lives. Able Community Care provides Live in Care Workers Live-in Care support can help alleviate loneliness and What is needed is for a Minister of Aging (akin to the Scottish Minister for the Older throughout UKPeople and Equalities) to be having a supportive, professional carer living with you appointed with specific directions to tackle the problem of an increasing number of older people. Older people and means that part of their role is to enable social contact. helpabout to prevent loneliness and have families do have the ability to arrange, procure, ask questions,‘We makecan decisions care services but they do need • the Intools the to last month we to have reports of be one of enable them do had so. This should a priority, would be cost effective and practical. been doing so since 1980’ our Live-in Carer’s taking a client to a Knitter Natter Community Care by offers nationwide CareinServices and we can answerCare manyoffers of yournationwide questions about care Able morning followed more chat overLive-in a coffee a Able Community Live-in Care today. Call us on 01603 764567 or visit our website www.ablecommunitycare.com local hotel. Services and we can answer many of your questions Angela Gifford. MD of Able Community Care Ltd about care today. Call us on 01603 764567 or visit our website www.ablecommunitycare.com
Live-in Care Because the choice to stay in your own home with your own front door is priceless. www.ablecommunitycare.com
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Using DNA testing to aid the transgender community The increasing societal commitment to the well being of those wishing to express different gender identity and gender expression together with the legal recognition of same, is important for the protection of individuals, their dignity and their health. Recent instances however, concern the ability of transgender people to amend the birth certificate of a child to reflect their own changed gender, which in one 2015 case was rejected by the Registrar and also by the High Court. This has obvious implications for DNA testing in terms of checking for Parental Responsibility and in carrying out the work, whereby intimate details may be revealed. There are two cases (one ongoing) which highlight the need for fresh consideration of how we might integrate transgender rights into legal parlance and process. In the aforementioned case (the first of its kind) a person male at birth who was undergoing transition to female requested that the Registrar of Births amend her child’s birth certificate to reflect her new name. This was refused and resulted in proceedings under Article 8 (respect for private life) and Article 14 (discrimination on the basis of transgender identity ) of the European Convention of Human Rights (ECHR). This was rejected on the basis that the interference with the Article 8 right was justified but not material, since it would only be under rare situations (we expect paternity testing to be one of them) that the transgender female would be required to produce the child’s full birth certificate. A changed certificate might record the sensitive information or require disclosure, but of course, it would only need to be be revealed to those with an obligation of confidentiality, despite the fact that in this case she had identified herself as transgender on social media. Furthermore, a birth certificate can only be altered to correct minor errors or when parents marry or enter into a civil partnership following the birth . The Registrar of Births does not have discretion concerning the categories that are recorded on the birth certificate, which are “child”, “father”, “mother” and “informant”. Indeed, the Registrar successfully argued that point in terms of the legitimate aims of the Births and Deaths Registration Act 1953. There was justified interference with the claimants rights under the ECHR because there was a need for; a) an administratively coherent system for the registration of births and b) a need to respect the rights of others such as those of the partner and child of the transgender person and, of particular relevance, the fundamental right of a child to know the identity of his or her biological father. In a subsequent case , a person female at birth and living as a male (TT) had a child (YY), biologically theirs, by artificial insemination. At the point at which the child was born, a
valid Gender Recognition Certificate was in place, so the biological mother was male. The Registrar has decided that the birth mother must be registered as “mother” on the birth certificate. This is against the wishes of TT who asserts that as a matter of domestic law, he should be regarded as the father or secondarily, in a gender neutral manner as “parent”. Failing that and assuming he has to register the birth as “mother”, then he considered that this would be a contravention of Article 8 of the ECHR. If upheld on the other hand, YY will be the first person born in the UK without a mother on their birth certificate, since other transgender males have accepted the “mother” annotation. Those acting for YY have issued an application for TT to be declared YY’s father under the Family Law Act 1986, s55A. We await the final judgement on this case, but in any event the outcome will have profound implications. Society is in the process of normalising its institutions to accept the status of transgender persons but of course in this case must also take into account the separate needs of the child; their Article 8 rights should not be compromised by the decisions of a parent. If the status quo is not upheld, then as a DNA testing company we will inevitably at some point detect a biological female registered as the father, maybe with another registered father or father unknown or a biological male registered as the mother. The biological facts of course, cannot be denied . In 1953 social motherhood and fatherhood were presumed to reflect biological motherhood and biological fatherhood. The increasing complexity of social relationships since that time have been recognised by the law and provide interesting points regarding the registration of the birth of a child in situations of surrogacy, adoption and assisted reproduction, which may provide precedent and guidance as to how the parentage may be best recorded when one of the parents is transgender. In any event, in all three cases, once the child has attained the age of 18, the respective legislation allows for the child to obtain information on their biological parentage. We will discuss these points in the next article and by then, we will hopefully have the judgement on TT vs YY. About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold). The latter 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”. Please see: http://www.dadcheckgold.com. Tel: 0191 543 6334, e-mail sales@dadcheckgold.com
Sex and gender - some definitions There has been a neo-logistic expansion of terminology concerning sex and gender…here are explanations for a few of them !
The difference between Sex and Gender “Sex” relates purely to biology and refers to the genetic make up, which is either male (an X and a Y chromosome), female (two X chromosomes) or intersex. Gender on the other hand, is largely a social construct relating to behavioural, social and psychological characteristics; it may take many forms . Sex and gender may overlap, but should never be confused. Biologically, humans are most often classified as binary, i.e. either male or female.
Transgender Transgender (often applied to non-binary gender identities) is an umbrella term that describes a diverse group of people whose internal sense of gender is different than that which they were assigned at birth. It refers to a gender identity which does not align with the gender assigned at birth. Gender dysphoria applies when the individual has a sense of dissatisfaction with their gender. To attain transgender status in the law, an individual must be diagnosed with gender dysphoria by a professional and then apply for a gender recognition certificate under the Gender Recognition Act, 2004. Whilst this piece of legislation allows transgender persons to obtain a new birth certificate for themselves, it expressly precludes the fact of gender reassignment as a means to alter the status of the transgender person as the mother or father of the child and thus ensures the continuity of parental rights and responsibilities .
Intersex It has long been recognised (since ancient times) and in different cultures that some people are neither male nor female (in whole or in part) or, are a combination of male and female. This is driven by genetic, hormonal or physical features, that is, by their intrinsic biology. For example, some intersex people may have XXY as their chromosome set. Presently in the UK, intersex people may not change their sex classification unless they declare that they are transgender - then they would have to seek a professional diagnosis of gender dysphoria. Equating intersex with transgender is not appropriate. 1, for the Home Department & Anor [2015] EWHC 990 (Admin) (20 April 2015)
2, Goodwin v United Kingdom (2002) 35 EHRR 18 and PV v Spain (11 April 2011) (Application No 35159/09) 3, Births and Deaths Registration Act 1953, sections 29,14 and 14A
4, Administrative Court and Family Division in the Matter of TT and YY [2019] EWHC 1823 (Fam)
5, As Lord Simon noted in the Ampthill Peerage Case [1977] AC 547, page 577: 6, “Motherhood, although also a legal relationship, is based on a fact, being proved demonstrably by parturition”. 7, https://genderfluidsupport.tumblr.com/gender
Trans - Exploring gender identity and gender dysphoria - by Dr Az Hakeem, 2018, Trigger Press ISBN 978-1-911246-49-7
8, https://www.gov.uk/apply-gender-recognitioncertificate.
9, https://www.legislation.gov.uk/ukpga/2004/7/ notes/division/4/12
PRO/PLO Report
On the strength of last year, the Council decided to coincide the AGM with a Quiz night which was kindly hosted last minute by Birketts in Ipswich. A raffle was also held raising money for a Charity of the President’s choice. Hopefully next year’s AGM will be just as exciting and even more attendees coming along. SNELS next major event is of course the President’s Annual Dinner which is taking place on Friday 15th November. As last year it is being held at Seckford Hall, Woodbridge. Live Entertainment will be provided by The Mementoes
Suffolk & North Essex Law Society
Since the last edition of the In Touch Magazine we have held our AGM which appointed Matthew Cameron of Ashtons Legal as our new President. We thank Denise Head for her time and commitment over the past year as outgoing President and give a warm welcome to Chris Andrews of John Fowlers as Vice President and Amanda Timcke as Deputy Vice President.
Duo as chosen by our President. I am sure you will come along and join in this fun evening. Tickets are now on sale so please contact Christine Kettle before they sell out! Sponsors of this year’s President’s Annual Dinner are Index, J M Finn, Executor Solutions, Index Property Information, Language Link UK and Williams Roe. NEWSFLASH! I am pleased to announce that we have a brand new website which should be more interactive and user friendly so please have a look at www.snels.org.uk. We will shortly be adding news and upcoming events to this. Don’t forget to follow us on twitter @SNELS_UK
Louise Goodenough
Louise.goodenough@haywards-solicitors.co.uk
www.snels.org.uk
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2019 President’s Annual Dinner
Sponsored by Executor Solutions, Index, Language Link UK Ltd, JM Finn & Williams~Wroe
Friday, 15th November 2019 at Seckford Hall Hotel Woodbridge, Suffolk, IP13 6NU 7.15 p.m. for 7.45 p.m. Dress code: Black Tie Tickets are just £55.00 each (£36.00 for Junior Lawyers), to include a pre-dinner drink, three course meal, wine and coffee/tea. The informal evening will conclude with live entertainment provided by The Mementos Duo and a there will be a dance floor for the more energetic. A cash bar will be available until 11.30 p.m. Ticket deadline: Friday 18th October 2019 The number of places is limited so please book early to avoid disappointment. Tables of ten are available. When booking, please mention any special dietary requirements. A number of hotel rooms is available, but these must be booked well in advance. Tickets are available from: Christine Kettle, Administrative Secretary E-mail: snels@topcopysec.co.uk Tel. 01449 760731
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Annual General Meeting 2019
This year’s AGM was held on Thursday, 27th June at the prestigious new offices of Birketts in Ipswich and was very well supported. Following a busy and successful year as President, Denise Head handed over the Presidency to Matthew Cameron of Ashtons Legal.
Our guest speaker was David Greene, the Deputy Vice President of the Law Society of England and Wales. Thanks go to Juliet Harvey for organising another enjoyable quiz, the winners of which were Birkett Long. Finally, a big thank you goes to Birketts for supplying a really outstanding venue and to Barbara Thomas and team for helping with all the arrangements.
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Training New Lawyers for Long Term Success The role of the managing partner is in many ways similar to that of a benevolent Headmaster, and yet, induction into the firm is usually delegated to human resources personnel, or a team leader. We all remember our favourite schoolteacher, the one who took time to nurture and be a positive influence during our school days. I wonder how many ofus reminisce as fondly about our first training principal. The managing partner can play a significant role in helping new lawyers to learn the ropes and find their feet. Learning the names of all new recruits in advance of meeting them is an obvious but often overlooked first step.
As leader of the firm, the managing partner should be able to outline thehistory of the firm, and to clearly describe the culture and framework of behaviours and guiding principles by which the firm operates. Being able to give examples with a good story or two, will keep things interesting.
The managing partner should be able to explain the direction and strategic key objectives of the firm as well as the way to the kitchen and the chocolate biscuits. Induction is an opportunity to really listen to the interests of eager new lawyers, both professionally and externally, and to encourage from the outset a healthy work life balance. Showing that someone else`s views are valued and respected is a key foundation to any successful professional relationship.
Taking time to ask, “what do you think makes an effective lawyer?” may throw up a few surprises. The latest Bellweather report titled ‘The Good Solicitor`s Skill Set’ published by Lexis Nexis suggests that there is a ‘fundamental disconnect’ between skill set ideals and reality among lawyers.
by Kimberley Williams
For example, the research concluded that 9 out of 10 lawyers agree that good business and human skills are important for success, but in practice human skills were considered a higher priority.
the office is an important early lesson to emphasise.
by respondents as top priorities for success are human skills, including common sense (89%) inspires trust (87%) willingness to listen (84%) and speaks plainly without jargon (81%). However, ‘legal skills’ was identified as the the number one skill for success (91%).
It is not what lawyers think about themselves, but how others perceive them that is critical totheir future success.
Of the 22 attributes put to the survey sample, 4 in 5 of the qualities identifie
While lawyers say they believe business skills is of critical importance to success, less than half of the survey sample (40%) thought that service industry skills are important. The ability to generate business (48%) and entrepreneurial skills were only considered as priority by (35%) of respondents. * My view is that treating others with respect, fair play, honesty integrity, good communication, responsiveness and reliability, combined with legal knowledge and technical ability, are at the core of all successful lawyers who have the ability to engender the trust of their clients.
Suffolk & North Essex Law Society
The start of the new school year brings a flurry of activity for parents with the purchase of new school uniforms, shoes, and yet another pencil case. For children, there is the excitement and anxiety of the academic year ahead. This is not dissimilar to when newly recruited lawyers arrive at their first law firm, wanting above all else to make a good impression at the start of their careers.
The skills gap identified by the Bellweather research should become a priority for those with responsibility for providing training for ALL lawyers, not just new recruits.
*Source –Bellweather Report 2019
Kimberley Williams, Director, Williams Wroe Management Consultants Contact: kwilliams@williams-wroe.com T:01394 284180 M:0781 4499375
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Options to tax on commercial property - Where it can go wrong Suffolk & North Essex Law Society
by Liz Hill - VAT Consultant
An ‘option to tax’ is a formal declaration made by a VAT registered entity with a freehold or leasehold interest in a commercial property or land. The advantage in declaring an option to tax is the business can reclaim VAT incurred on expenditure for the property, eg repairs and maintenance. However, it also means the business has to charge and account for VAT to HMRC on the rent or sale of the property. After a six month cooling off period the option is in effect for a minimum of 20 years. When declaring an option to tax, a business needs understand how long it will be in effect, as it will impact on future decisions and administration.
Case study: Empty rental property A buyer purchased a commercial property for £300,000 and as the seller had declared an option to tax, paid out £60,000 of VAT on purchase of the empty building. He intended to rent the property to a tenant and undertake some repairs. The cost of the repairs included over £5,000 of VAT, so he declared his own option to tax in order to reclaim this VAT.
After five years the tenant went into liquidation. Unable to find another tenant, the owner considered converting it into flats. Whilst the property was empty, rather than keep making nil VAT returns, he deregistered for VAT, thinking he could reregister if he got a new tenant or decided to convert the property. In this situation, HMRC automatically run checks and contacted the owner to explain that deregistration meant the business had effectively made a ‘deemed supply’ to itself of the property and owed VAT on the current market value (now £425,000) of £85,000 and at that point he approached us for help. The owner had clearly made a mistake in applying for deregistration which Lovewell Blake explained to HMRC. HMRC accepted the request to reinstate the registration and the client submitted nil returns until he let part of the property to a new tenant (to whom he charges VAT at 20%). The issue here is knowing the effect of deregistration (or ceasing to trade) when you own a property subject to an option to tax and understanding the benefits of the option in the first place. Clients contemplating commercial property transactions should consider obtaining specialist VAT advice at the earliest opportunity.
You have the right to an accountant who specialises in legal. We have offices across East Anglia with specialist chartered accountants and experienced financial planners. Contact Paul Briddon on: e: p.briddon@lovewell-blake.co.uk t: 01502 563921 www.lovewell-blake.co.uk
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Suffolk & North Essex Law Society
Reg Charity No 219279
Suffolk Royal British Legion Golf Day Friday 11th October 2019
Supported by
Stowmarket Golf Club
Lower Rd, Onehouse, Stowmarket IP14 3DA
18 hole Stableford - full handicap £38 per person
(includes coffee and bacon rolls on arrival & a one course meal)
Teams of 4 or Individual entries happily accepted to make up team on day
Arrival from 9.00am, coffee bacon rolls 9.30am. First tee for 10.28am.
Poppy ‘Mulligan’ vouchers can be purchased on day – 2 per person, £5 per voucher.Team competition ‘Poppy Ball ‘ round – lowest score on ball £5 Prizes also to include Nearest the Pin and Longest Drive Normal Dress Rules Apply
DRAW!
Draw tickets available on the day for which we would be very grateful for any draw prizes. Please contact sbromley@britishlegion.org.uk with any donations or for collection if required. Proceeds from day in aid of Suffolk RBL general and welfare funds
Please enquire for entry to: Sandra Bromley, Suffolk Membership Support Officer, Suffolk Royal British Legion, Unit 2, Hill Farm Barns, Ashbocking Road, Henley, Ipswich IP6 0SA Tel: 01473 784618 or 0203 207 2336 Email: sbromley@britishlegion.org.uk. www.snels.org.uk
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Suffolk & North Essex Law Society
ENTREPRENEURS’ RELIEF UPDATE ON RECENT CHANGES By Fiona Hotston Moore Forensic accounting partner Ensors Chartered Accountants
U
p to Budget Day 2018 (29 October) the legislation for Entrepreneurs’ Relief (ER) had been largely unchanged for years and many corporate advisers would understandably have felt competent to determine the eligibility of client shareholdings to ER “from a brief glance”. Nonetheless as forensic accountants we have, over recent years, seen a steady stream of professional negligence claims arising in relation to entrepreneurs’ relief. However, the legislation changed substantially in the 2018 Budget and we now anticipate there will be significantly more potential claims arising as a result of advisers and clients failing to grasp the complexities of the new legislation. In summary, prior to the 2018 Budget, ER relief gave a favourable rate of capital gains tax at 10% on gains up to £10 million where shares are sold in a trading company or the holding company of a trading company. This is all providing, for a period of one year prior to the sale, the shares were held in the individual’s personal company and the individual held 5% of the ordinary share capital, giving 5% of the voting rights.
2018 Budget Day Changes The first change in the 2018 Budget was to extend the qualifying period from one year to two years. This change is straightforward and, whilst not anticipated, was uncontroversial. The second change caused considerable controversy. This change was to require the 5% holding in ordinary shares to entitle the shareholder to 5% voting rights plus 5% of profits available for distribution to equity shareholders, and 5% of assets available for distribution. The second requirement in italics caused huge consternation as this would catch “alphabet shares” and potentially venture capital structures and management buy outs. These shareholdings are used for 22 www.snels.org.uk 10 | www.cambslawsoc.co.uk
Beware the pitfalls for the unwary adviser
commercial reasons but do not necessarily give an entitlement to a pro rata dividend. The dividends on such shares are normally allotted to share holdings at the discretion of the Board. After much excitement, and just as we headed out for the Christmas break, the Government announced that two further options would be added which allowed ER if either the individual was entitled to 5% of profits available for distribution to the company’s equity holders and assets available on winding up or in the event of a disposal of the whole of the ordinary share capital would be entitled to 5% of the disposal proceeds based on asset valuations. This last test (in italics) should enable ER to be claimed on alphabet shares and possibly growth and ratchet shares. However, advisers need to take care in the calculations and particularly where there is sweet equity, non-commercial loans, non-cumulative preference shares and rounding differences.
Top Tip:
TAKE GREAT CARE IN CHECKING AND DOUBLE CHECKING THE RIGHTS ATTACHED TO EVERY CATEGORY OF SHARES AND OPTIONS AS WELL AS THE BALANCE SHEET VALUES OF ASSETS AND LIABILITIES.
t
Other areas in the legislation which might catch out advisers are outlined below.
Personal company The individual must have been an officer or employee of the company throughout the previous 24 months. This can include Non-Executive Directors, shadow directors and part time employees. An employment contract is not essential, but it is advisable.
Top Tip:
TAKE CARE IF CONTEMPLATING SHARE TRANSFERS TO SPOUSES AS A GAIN IN THE ADDITION OF THEIR ANNUAL CAPITAL GAINS ALLOWANCE MIGHT COST A LOT IF ER IS LOST BECAUSE THEY DO NOT QUALIFY FOR ER DUE TO NOT HAVING BEEN AN EMPLOYEE.
t
What is a trading company? In brief a trading company is one that trades and does not, to a substantial extent, carry on non-trading activities. Substantial is assumed to be over 20% and HMRC will consider a number of factors including the level of non-trading income, non-business assets held (e.g. surplus cash) and the time spent on non-trading activity. There is a 3-year window post cessation of trade when disposals can still qualify for ER.
Top Tip:
CONSIDER AND DOCUMENT REGULAR REVIEWS OF THE COMPANY ACTIVITY AND BALANCE SHEET VALUES ETC TO ENSURE RELIEF IS NOT JEOPARDISED.
t
Options and EMI share schemes EMI share options have beneficial ER status without the 5% test. However other options do not qualify and can dilute other shareholdings.
Suffolk & North Essex Law Society
Earnouts Any element of the consideration which is received as an earnout could be treated as part of the purchase price or salary. If it is deemed part of the purchase price it can qualify as part of the capital gain for ER. If it is treated as part of the individual’s salary it will taxable as income. Advisers may also need to consider the impact of share for share exchanges or bond exchanges. Earn downs may also be considered to maximise ER but care is needed re stamp duty.
Top Tip:
SEEK ADVISE FROM TAX SPECIALISTS ON HOW ANY EARN OUT OR SHARE/BOND EXCHANGE IS STRUCTURED EARLY IN ANY SALE NEGOTIATION.
t
Capital distributions including Members Voluntary Liquidations (MVL) ER continues to be available on an MVL subject, as before, to the Phoenix rules which can catch a company or business rising from the ashes.
Top Tip:
ADVICE FROM BOTH AN INSOLVENCY PRACTIONNER AND TAX ADVISER IS ESSENTIAL IF THE DIRECTORS ARE PLANNING TO BUY THE ASSETS AND START UP TRADING AGAIN.
t
And finally, some good news From 6 April 2019, shareholders can elect: 1) to lock in their eligible gains before a diluting act; and 2) can potentially make a further election to defer the ER taxed gain.
So, in conclusion, ER relief is far more complex than before, and advisers will no longer be able to “tell at a glance” if ER is available. Mistakes will take far longer (2 years) to correct.
Recent cases undertaken by Fiona & the Forensics team at Ensors • Professional Negligence claim against advisers on Employee Benefit Trust • National Minimum Wage assessments • Shareholder dispute on Joint Venture enterprise in energy sector • Numerous business valuations for matrimonial matters as SJE or party adviser • Employee fraud investigation • Tax advice on family disputes and matrimonial matters including regarding property portfolios • Share valuations for tax purposes For further information please contact: Fiona Hotston Moore E: fiona.hotstonmoore@ensors.co.uk T: 01473 220034 W: www.ensors.co.uk/for-law-soc/ www.snels.org.uk www.cambslawsoc.co.uk |23 11
Suffolk & North Essex Law Society
If you’re using any Drainage and Water report other than the CON29DW…
Good luck. A CON29DW uses all known water company information, including both free and paid-for data. This ensures that the FULL picture on drainage and water is presented. The Geodesys CON29DW presents the information in plain language; provides useful detail; includes two high-quality Ordnance Survey maps (one for water and one for waste and drainage); and uses an interactive format to make it easy for you to retrieve relevant information. Some Drainage and Water reports simply infer answers from the proximity of the pipes nearby, rather than checking the billing and connectivity data that the water company holds. Or they can ignore water company data, such as the information on whether a property is at increased risk of internal flooding. The lack of an answer to this question is often covered by insurance in some reports. Whatever the example, the home buyer, lender and conveyancing solicitor are all exposed to risk.
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When it’s your reputation on the line, do you really want to leave it to luck?
It’s your call…
CON29DW from Geodesys.
No inferring, no ignoring, no insuring. Assessing drainage and water risk can be a tick-box exercise, but with the CON29DW you’re guaranteed a factual, reliable and secure approach. It’s a choice that impacts three separate, but connected, parties in the home buying process:
The lender Lenders need to focus on property risk as well as applicant risk – and a key concern is drainage and water. The CON29DW answers all 23 drainage and water questions from the Law Society, covering areas such as connections, pipe and drain locations, and risk of internal flooding. Other reports can infer and ignore answers, using insurance to cover the risk.
The conveyancer If a less than full picture of the property leads to drainage or water issues, a law firm’s PI insurance usually covers any remedial work – but it can’t cover the time and effort required, nor any damage to reputation. Plus the homeowner may have to carry out costly work in the future.
The CON29DW from Geodesys offers the following key features: • a crystal-clear front-page customer dashboard • clear identification of potential issues • easy-to-use interactive navigation • two formats: interactive PDF and usual print format • thorough information on drainage and water legislation • a ‘plain English’ guide • a modern design created by industry
The home buyer Whether a dream house, a desperately needed upgrade or a first-time purchase, complex drainage and water problems are a major setback for any homeowner. Even if covered by insurance, there’s still the pain of sorting out an issue that could have been identified before – and the buyer may not have gone ahead if they’d known. Call: 0800 085 8050 Email: customer.services@geodesys.com www.geodesys.com/con29dw-goodluck
Suffolk & North Essex Law Society
Misunderstanding of Wills Risks Inheritance Failing to Reach Children, Loved Ones and Charities •
Over two-thirds (68%) of Brits don’t have a fully written Will, with almost a third (30%) believing that they only need to have a Will in place if they are very wealthy
•
Nearly 2 in 5 respondents (37%) think that if they don’t have a will, their inheritance will go straight to their partner or children
•
Remember A Charity in Your Will Week is underway, encouraging everyone to have a Will in place and to consider leaving a gift to charity after family and friends are taken care of
WEDNESDAY 11 SEPTEMBER 2019, LONDON: New research1 from Remember A Charity reveals that 68% of adults across the UK don’t have a completed Will in place (47% of over 55s), with nearly two in five respondents (37%) assuming it will automatically go to their partner and children. Almost a third of Brits (30%) don’t think they’re wealthy enough to write a Will, with many believing that Will-writing is time-consuming (30%), complicated (28%) and expensive (27%). Only 1 in 4 (25%) say they have planned for death. What’s more, many Brits are unaware of the flexibility and benefits of legacy giving. More than half (57%) don’t know that giving to charity is exempt from inheritance tax and over one fifth (22%) believe that you have to be wealthy to donate to charity from your Will. “We’ve certainly seen from the research that there is a huge knowledge gap about how Wills and inheritance works,” says Rob Cope, Director of Remember A Charity. “This remains a key barrier to growing legacy giving and underlines the importance for working together with solicitors, Will-writers, government and other partners to reduce intestacy. “Writing a Will is the only way for the public to ensure their final wishes are met. But the great news is that it can be both quick and easy. During Remember A Charity Week, we’re reaching out across the country and encouraging the public to make sure their loved ones are looked after in this way and to consider leaving a gift to charity in their Will.” Without a Will in place, an estimated 27.9 million Brits2 are leaving their final wishes at the mercy of Government intestacy rules. In England and Wales, if someone dies intestate and there is a surviving partner, any children and close family will only inherit in some circumstances. Meanwhile, in Scotland, the estate would be divided according to the rules of succession. James Antoniou, Head of Wills at Co-op Legal Services added: “The importance of having a valid Will shouldn’t be under-estimated. Many people wrongly think that their loved 26
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ones will automatically inherit their assets when they die but this isn’t the case. If a person dies without a Will then they lose control of what happens to their estate meaning that their final wishes may not take effect, leaving disappointed loved ones behind.” The large majority (70%) of Brits believe their family will easily agree on how to divide assets between themselves, despite recent figures from the Ministry of Justice showing that inheritance disputes have trebled over the past decade3. To help shed some light on these misconceptions, Remember A Charity has been working with BAFTA award-winning comedian Matt Berry to create a series of comedy films that challenge the biggest myths about gifts in Wills, inspiring people to consider including their favourite charity in their Will. The films can be viewed through the Remember A Charity website. Cope adds: “Legacy giving is absolutely vital to the charity sector and every gift counts – no matter what size. As part of our tenth awareness week, we want to inspire the public to pass on something wonderful and make a real difference to future generations by taking action and writing a gift in their Will.” To find out more about Remember A Charity Week (9-15 September 2019), visit www.rememberacharity.org.uk
To find out more or take part in Remember A Charity Week, visit www.rememberacharity.org.uk Remember A Charity Week
Remember A Charity Week (9-15 September 2018) is an awareness week organised by charity consortia Remember A Charity, which aims to shine a light on the importance of gifts in Wills to charities. Currently only six in 100 Brits leave a charitable gift in their Will.
Remember A Charity
Remember A Charity was formed in the year 2000 as a consortium of charities working to encourage more people to consider leaving a gift to charity in their Will. A representative voice for the sector with over 200 charity members, the campaign works with Government, the legal profession and employers to help normalise legacy giving. Remember A Charity is part of the Institute of Fundraising. Find out more at www.rememberacharity.org.uk or follow @RememberCharity. 1 Research conducted in August 2019 by Censuswide with a representative sample of 2,000 British adults. 2 Based on UK population figures of 18+ year olds in the UK British Gov 2011 Census. Research conducted in March 2019 by OnePoll with a representative sample of 2,000 British adults. 3 Source: Osbornes Law Firm, 2018
Registered Charity number 264221
Suffolk & North Essex Law Society
W The only charity dedicated to supporting children whose parents serve, or have served, in the Naval Service. Originally set up as an orphanage, we now assist children with a wide range of needs and at times of family crisis. Applications can be made at any time and those seeking assistance can contact the office directly for an application form, or download it from our website.
e are a UK charity providing a fantastic selection of high-quality audiobooks to some 50,000 people across the UK who find it difficult or impossible to read due to an illness, disability, learning or mental health difficulty. We charge a membership fee to only half of our members- those who feel they can make some contribution and that is heavily subsidised. The other half need to be fully funded. Listening Books receives no central government funding whatsoever and very little local government funding. The reality is that Listening Books simply could not survive without the generous support of sponsors and the active co-operation of publishers. Whether you have already written your will or are thinking about writing one in the near future, we ask that you consider leaving a legacy to Listening Books. Your legacy will make a vital difference to the lives of our members for years to come.
CALL US NOW on 020 7407 9417 or email us at: bdee@listening-books.org.uk
311 Twyford Avenue, Portsmouth PO2 8RN t 023 9263 9534 e caseworkers@rnrmchildrensfund.org.uk www.rnrmchildrensfund.org.uk
www.listening-books.org.uk/Legacies 12 Lant Street, London SE1 1QH
RNRMCF Registered charity number: 1160182 • Patron: HRH The Duke of York, KG, GCVO, CD
Listening Books.indd 1
We always have lovely cats looking for loving homes.
29/10/2018 15:07
We rescue 200–300 cats every year. No cat is euthanased except on veterinary advice. We feed the cats a variety of wet food and biscuits and they are kept in heated accommodation, either in large individual pens or a shared area with an outside compound for exercise. Please leave us a gift in your will. Friars Orchard, The Street, Little Whelnetham IP30 0UH Bury St Edmunds
01284 388455
www.burystraycatfund.co.uk www.snels.org.uk
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Moorcroft Racehorse Welfare Centre Huntingrove Stud, Slinfold, West Susssex. RH13 0RB
Suffolk’s Owls. Broken, battered and bewildered.
T
This charity depends on generous donations and/or legacies from horse lovers. Many horses need a time for rehabilitation due to injury etc and start to enjoy an easier life after their racing careers.
Visits by appointment are welcomed. Please ring Mary on 07929 666408 for more information or to arrange a visit. www.moorcroftracehorse.org.uk
Suffolk & North Essex Law Society
his centre in the south of England was set up to ensure that retired racehorses whatever age, can be retrained to find another career in life. Much care and attention is given to each individual horse and when fully retrained new homes are found. The centre retains ownership for life and visits these horses every 6 months to ensure that all is well.
Every year the Suffolk Owl Sanctuary at Stonham Aspal cares for a wide range of wild owls and other birds of prey suffering from a variety of injuries, ailments and traumas. Our mission is to get them back into the wild, fit & flying free. Please make a donation to the cost of maintaining the Suffolk Owl Sanctuary and the specialised hospital, rest and recuperation services we provide for our native wildlife. A gift in your Will can make all the difference to our helping those who cannot help themselves. Thank you. For more information please contact: The General Manager Suffolk Owl Sanctuary Stonham Aspal Suffolk IP14 6AT Tel: 0345 680 7897 • www.owl-help.org.uk
Providing Life Retired Horses Charity Number 1106722
Our Aim The Heartbeat Home for Horses Limited is a registered charity, whose aim is to care for horses who otherwise would face a very uncertain future. Our aim is to provide a lifeline for these needy, homeless animals, allowing them to relax in comfortable surroundings in retirement, with lots of tender loving care.
Do you agree? Many hundreds of horses every year face an uncertain future when their careers come to an end. They come from all walks of equine life; exracehorses, riding horses, or ponies just being discarded when their ‘useful’ life is over.
needing to retire Every Pound Helps. Heartbeat horses are often large, 16hh+ It can be difficult to find a retirement home for them Heartbeat Horses are NOT re-educated, or re-homed, or adopted Heartbeat Horses retire to enjoy a good quality of life Heartbeat will not put a healthy horse to sleep We need to expand, due to the long waiting list of horses waiting to retire, or worse None of our staff are paid in our shops or farm. All the money raised or donated goes on the horses.
To make a donation please contact us at:
01986 798387 (Home)
Heartbeat Home for Horses Brick Kiln Farm, Halesworth Road Heveningham, Suffolk IP19 0E
07763562188 (Mobile) Email: woodyates@hotmail.co.uk web: www.retiredhorses.org.uk www.snels.org.uk
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Fridays at Quill By Julian Bryan, Managing Director, Quill Nothing slows down on Fridays at Quill – or indeed in many places within the legal profession. We all know that Friday busyness is typified in the conveyancing sector when exchanges take place, dictated by most house buyers’ preference to move home at the end of the week.. And in other areas of law, legal cases don’t stop, court hearings or trials aren’t cancelled, and contracts don’t change their completion date just because it’s Friday. For anyone operating in law, Friday is as hectic as any other week day. For Quill, the last day every week has an even greater focus on compliance. Of course, our Interactive legal accounts software warns users of potential breaches at any time with exclamation marks denoting missing e-chit information, confirmation notifications for tasks that cannot be later undone and other system prompts for incorrect entries. However, on Fridays, our Pinpoint outsourced legal accounting service cashiers ensure any compliance issues are highlighted, reported and resolved. When you consider the plethora of problems that fall into the noncompliance category – from data loss and delayed payment processing to incorrect allocation of client monies into the wrong account and missed deadlines, plus everything in between – and bear in mind the volume of clients we currently service – 8,000 users altogether – you could be forgiven for thinking this an impossible task. In actual fact, by having robust systems in place and applying a disciplined approach, we’re able to address our clients’ compliance obligations successfully every Friday, without fail. As already intimated, for clients using Interactive, there are all manner of easyto-use features to support fee earners progressing matters, for cashiers to efficiently manage finances according to the stringent demands of the SRA’s legal accounts rules and HMRC’s Making Tax Digital legislation, and for compliance officers to generate compliance exception reports for rectification or reporting to the relevant regulatory body.
Interactive is subject to an extensive software development roadmap with a strong focus on legal accounting enhancements. We notify clients of these new and improved tools via our monthly e-newsletters and ‘What’s new’ button located in our software’s top toolbar. In the past few months alone, we’ve upgraded functionality for associated ledgers for cases, e-chit/ bank integration, MTD input and output screens, batch accounts postings, ‘keep’ options to avoid data input repetition, authorise and maintain screen additions, and multiple developments to both detail and summary accounts-specific reports. All of these software improvements are designed to simplify and strengthen your compliance procedures thereby making your Friday tasks that much more manageable. For clients using Pinpoint, we send a weekly batch of reports showing ledger balances for client and office accounts, unpaid bills and breaches. These reports act as a prompt for clients to tie up any loose ends by authorising payments and correcting breaches which are still outstanding. Our reports also streamline the process of recording failures and preparing reports on material breaches in the right format for the SRA, CLC or Law Society of Scotland. These important checks are actioned by our Pinpoint cashiers each Friday. As our cashiers work in teams of six, headed up by a supervisor, it’s then our supervisors’ role to oversee the accurate production and prompt delivery of these reports, and act as an escalation point for any ensuing queries. We take our responsibilities very seriously because it’s all part-and-parcel of providing a regulatory-complianceguaranteed service. Aside from these typically Friday reporting jobs, a normal day for our cashiers comprises liaising with clients, completing bank reconciliations, processing day-to-day transactions, gathering information for month end and subsequently completing month end closures as well as posting legal aid submissions and sending VAT returns at quarter end to HMRC via MTD. By acting in the cashier role on behalf of our clients, the only requirement for
Pinpoint users is to log daily e-chits of inbound and outbound monies, and record fee earning activity and disbursements. We do all the rest. By lessening your workload, your Fridays are certain to be stress-free, at least from an accounting and compliance perspective anyway. Because of our unique provision of both Interactive and Pinpoint in tandem, our portfolio is superior quality in relation to other legal accounts software and cashiering service suppliers. That’s because it’s a common platform used by our cashiers and there’s a plethora of management information intelligence drawn from this one central software platform by our supervisors. And, as noted earlier, we’re also constantly researching new ways to improve our products further still. It’s these ongoing software enhancements, defined in our aforementioned roadmap, which go a long way to streamlining clients’ and Quill’s processes. Late Friday afternoon, to salute another successful week fulfilling our compliance requirements, the beer fridge is opened so everyone can have a quick drink before heading home for the weekend. This is one of the many employment perks at Quill. It’s a nice way to mingle with our colleagues in a relaxed atmosphere, celebrate a job well done with some paid-for-by-Quill refreshments, and look forward to two days of rest and recuperation by starting the weekend an hour early. After a typical Friday, it’s well deserved.
To discover more about Quill, please visit www.quill.co.uk, email info@quill.co.uk or call 0161 236 2910 Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.
Practice management & accounts software
Outsourced cashiering using Interactive
Outsourced cashiering on any software
Outsourced payroll service
Outsourced bookkeeping service
Outsourced typing service
Don’t puzzle - choose Quill 0845 226 2587 info@quill.co.uk quill.co.uk
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