In Touch The Official Magazine of Suffolk & North Essex Law Society
Published by:
Editor Denise Head
Contents 5
A Message from the President
6
From the Council Chamber
Issue 14 Winter 2018
8
Suffolk Law Centre News Update
Features Christine Kettle
11
University of Suffolk Law Student Mentoring Scheme
Design Matt Wood - East Park Studio
Media No. 1111
Advertising Simon Castell
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83rd Annual Dinner was a great success!
Accounts Tony Kay
13
The 30th Annual Essex Law Lecture
Published January 2018
14
Financial Concerns Limit People’s Inheritance Expectations But Not Their Charitable Spirit
© East Park Communications Ltd.
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University of Suffolk Law Student Mentoring Scheme
17
PRO/PLO Report
18
Let’s bake for justice this February!
23
Bending Over Backwards: Expert Witnesses confer and convene with legal high fliers on costs and other awkward questions
26
Get Data Protection Right…
Legal Notice
None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press. The appearance of advertising copy in this magazine does not constitute an endorsement of the individual advertisers by the Suffolk and North Essex Law Society.
Happy New CV!
27 High Court provides first authority on meaning of ‘fundamental dishonesty’
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Officers of the Society
Vice President Denise Head Bates Wells & Braithwaite, Ipswich Tel: 01473 219282 Fax: 01473 230804 Email: denise.head@bates-wells.co.uk Honorary Secretary Ivana Radovic Gotelee Solicitors, Ipswich Tel: 01473 211121 Fax: 01473 230387 Email: ivana.radovic@gotelee.co.uk Honorary Treasurer Louise Cardwell Ashtons Legal Tel: 01473 261320 Email: louise.cardwell@ashtonslegal.co.uk
Since the least edition of In Touch, we have had the annual President’s Dinner, which was a great success, and I have also represented the Suffolk and North Essex Law Society at the annual Essex Justice Service in Brentwood. My invitation to the Service suggested that I should attend in robes. This was problematic. As a family lawyer who hasn’t had to appear in open court for over twenty years, I have never bothered to purchase my own solicitor’s gown. While I do own a funny collar and bands (an investment I made as a newly qualified solicitor in 1996), I doubt that I could fit in them now, even if I could remember where I left them. In the end, I decided that my ceremonial President’s gong around my neck, combined with solicitor’s robes, would leave me looking like a cross between a court usher and a toastmaster. I decided to keep it simple and just wear a suit and tie. With the gong, of course. It matches my eyes.
Honorary Council Member Roger Buston Birkett Long, Colchester Tel: 01206 217335 Mobile: 07770 305 977 Email: roger.buston@birkettlong.co.uk.
T: 01787 222 079
Joint PRO/PLO Fiona Bailey Louise Goodenough Haywards Solicitors, Stowmarket Tel: 01449 613631 Fax 01449 613851 Email: louise.goodenough@haywards-solicitors.co.uk Education & Training Officer Amanda Timcke Birketts 24/26 Museum Street Ipswich Suffolk, IP1 1HZ DX 3206 IPSWICH E-mail address: Amanda-Timcke@birketts.co.uk
Administrative Secretary Christine Kettle Whitegate Cottage Coddenham Green Ipswich IP6 9UN Tel/Fax: 01449760731 email: snels@topcopysec.co.uk
Suffolk & North Essex Law Society
President Jon Armstrong Armstrong Family Law, Colchester Tel. 01206 848426 Email: jon@armstrongfamilylaw.co.uk
A Message From Our President
Jon Armstrong
President, Suffolk & North Essex Law Society
Dates for the Diary Monday, 19th March:
30th Annual Essex Law Lecture to be held at 6.00 p.m. in The Ivor Crewe Lecture Hall, University of Essex Monday, 19th March 2018:
Vice President’s Cocktail Party, Ipswich – details will be e-mailed to Members nearer the time AGM, Thursday, 28th June 2018 :
Venue and details to be advised – more details in the June Newsletter Future Council Meetings: 26th March 2018 21st May 2018
17th September 2018 19th November 2018
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.
www.snels.org.uk
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Our Area is London South East and East – LSEE.
SNELS Council Member Report Chancery Lane - January 2018
TLS LSEE RMT Manager is : Jack Dunkley 07969 022698 jack.dunkley@lawsociety.org.uk
CM Brief
As Law Society Council Constituency Member for Suffolk and North Essex I represent SNELS and members generally both on TLS Council, the Council Members Conduct Committee (CMCC), and on the Law Society National Property Section (PS) Executive Committee. Starting 2018 I will in addition sit on the Conveyancing and Land Law Committee (CLLC) representing PS.
CM Activity Attended TLS Council on 6th – 7th Dec 2017. Attended PS Exec meeting 23rd November 2017. The next TLS Council meeting is on 6th/7th February 2018. The next TLS PS Executive Committee Meeting is on 25th January 2018. The next CLLC meeting is on 20th February 2018.
Summary TLS Governance Good progress has been made in implementing the new TLS Board and its two main supporting committees (Policy and Regulatory Affairs Committee (PRAC), and Membership and Operations Committee (MOC) ) in early 2018 – the Board by the end of February, and the Committees by the end of March. TLS Council unanimously approved the selection committee’s recommendation that Robert Bourns, TLS past president, should be appointed as Board Chair. Other external recruitment was under way, and elections among Council members for some places on the Board and committees would commence shortly. Council formally approved the changes to TLS General Regulations which were required to set up the new Board and the Committees; once the new arrangements are fully in place, there will be a further consolidation of changes in Q1 of 2018. Council also heard a brief update on the ongoing work to consider the functions, shape and representativeness of Council itself. Proposals were still in development following feedback at the previous Council meeting, and discussions were being held with a number of Law Society communities and other interested parties
Legal Services Act (LSA) The Government has confirmed via MoJ that, for the present, LSA will not be repealed. TLS President Joe Egan commented: “As the UK faces one of the biggest constitutional challenges in living memory, uncertainty for business should be reduced, not increased. Any unnecessary disruption of the legal sector is not in the national interest.” MoJ has accepted nonetheless recommendations to extend redress to consumers using unauthorised providers and improve public information about authorised and unauthorised legal services.
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Brexit Following TLS recent work on mutual market access, on 14th November the SoS for Exiting the EU, Rt Hon David Davis MP, expressed support to our calls and stated: “our transparent and strong legal system encourages companies to do business and invest with confidence” and added that “a lawyer visiting a client in Paris” will continue to be of interest to both sides. TLS briefed MPs on the second reading and committee stage of the EU (Withdrawal) Bill. TLS key concerns are: • Impact of the Bill on citizens’ rights, notably through the removal of the EU Fundamental Charter of Rights for EU derived law • The scope and scrutiny of the delegated powers • The impact of the act on devolution • The compatibility of the Act with transitional arrangements TLS submitted written submissions parliamentary committees:
to
the
following
• Lords EU Committee on ‘Brexit: deal or no deal’ • Human rights implications of the EU(Withdrawal) Bill, and held meetings with several key stakeholders. Professional Business Services Council’s (PBSC) Mutual Market Access Group: TLS is a member of the PBSC and has been working closely with the group’s Chair with Freshfields Bruckhaus Deringer to deliver a paper on market access for professional and business services post-Brexit. TLS is supporting the dissemination of the paper in Parliament and is organising an event. Brexit Law Committee: This was set up by the former LC and LCJ to bring together a group of senior practitioners to identify and provide solutions for legal issues on Brexit. The Law Society provides the secretariat, and the chair is Robert Elliott, former Senior Partner at Linklaters. The Group has submitted papers to the Government on the dispute resolution mechanisms and how to retain civil justice co-operation. They are drafting a paper on competition law, intellectual property and immigration law for civil servants. LC attended the meeting in September 2017. TLS Brussels office organised a series of meetings with MEPs and law firms.
Support to the profession Relationship Management: TLS Relationship Management Team (RMT) headed by Valeria Mancheva (TLS Director of Relationship Management) are a group of TLS staff whose remit is: regional activities, engagement with local law societies,
TLS LSEE RMT Executive is :Jaymi Wooldridge 07966 623966 jaymi.wooldridge@lawsociety.org.uk – both of whom attended SNELS Council Meetings in 2017 HMCTS Flexible Opening: Following extensive lobbying by the TLS and others, HMCTS has announced the deferral of the Flexible Opening Hours pilot, to allow further engagement with court users as well as a further tender process to secure an independent evaluator. Housing Court: At the Conservative Party Conference, Sajid Javid announced a consultation with the judiciary on a possible Housing Court. He said, “We will explore whether a new housing court could improve existing court processes, reduce dependence on legal representation and encourage arbitration, with benefits for both tenants and landlords. We will consult with the judiciary on whether the introduction of a new housing court can meet the aim of saving time and money in dealing with disputes.” TLS is seeking more information about this proposal. Tax Avoidance: The Government has re-introduced in the new Finance Bill proposals for penalties for enablers of tax avoidance. TLS has made submissions to HMRC seeking clarity on certain points, particularly in relation to the ‘knowledge condition’ for advisers, and have met officials to discuss the practical application of legal professional privilege when making a declaration in response to an allegation of ‘enabling’. Legal Education: TLS will create a Quality and Standards in Education Committee reporting to MOC to provide expert oversight of all aspects of quality and standards associated with TLS s education, training and accreditations. The new committee would be made up of legal and non-legally qualified professionals with sound and relevant expertise in post graduate legal education and training. Membership would include a Council Member, elected by a ballot of the Council, a Junior Lawyers Division or student member representative and an independent chair who would need to have an in-depth knowledge and experience of quality and standards in postgraduate/professional legal education and training
on the application of VAT to searches. TLS is in the process of revising our practice note with the help of tax counsel to advise members on the implications of the judgment. Property Registration Fraud: TLS has prepared, jointly with HMLR, an Advice Note on property registration fraud. The new advice note focuses on the risks around property and registration fraud, and supplements a range of existing resources, training, practice notes and updates provided by both organisations to combat fraud and scams
Suffolk & North Essex Law Society
From the Council Chamber
gaining insights from member feedback, and a ‘joined up’ approach to member engagement. The aim is to deliver a more holistic, consistent approach to improve the member engagement experience.
Professional Indemnity Insurance (PII) Guides: As almost all participating insurers require solicitors to approach them via brokers, to supplement our existing guides TLS has produced a new list of all the major brokers of PII, which includes their contact details and information about the market segments in which they operate. Vide: http://www.lawsociety.org.uk/ support-services/risk-compliance/pii/guides/
TLS AML and Financial Crime Conference TLS hosted the National AML and Financial Crime Conference on 22nd November 2017. This was well attended by 400 + delegates. The programme included the Security Minister Ben Wallace MP as the keynote speaker along with contributors from the National Crime Agency, HMRC and the Office of Financial Sanctions Implementation. Roger Buston - TLS Council Member SNELS, Bikett Long Office : 01206 217335 Mobile email
: 07770 305977
: roger.buston@birkettlong.co.uk
Need a house clearance or valuation advice?
Student Membership: TLS is considering reintroducing a TLS Student Membership. Discussions took place as to a possible student member offering and offerings from other professional bodies were looked at. It is hoped that a paper will be brought to Council before the summer. TLS Logo: Council approved a refresh of the Society’s logo to be rolled out during 2018. Beneficial Ownership information: In February 2017 HMRC served notices to a small number of law firms requesting client information in relation to beneficial ownership of or interest in offshore companies and trusts. TLS has kept in close communication with those firms, and are considering how best to support a firm which has submitted an appeal to the Tribunal VAT and property searches: Following the decision in the HMRC v Brabners case, published on 5th September 2017, there has been a good deal of concern about the effects of this decision
We can organise the whole process including transport for you. Call our auction centre manager, Geoffrey Barfoot, to talk through how we may be able to help you.
Clarke & Simpson Auction Centre, Campsea Ashe, Nr Wickham Market, Suffolk IP13 0PS t: 01728 746323 www.clarkeandsimpson.co.uk www.snels.org.uk
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Suffolk Law Centre News Update Suffolk & North Essex Law Society
Suffolk Law Centre will start operating officially as England’s newest Law Centre on 1st April this year. It has been an incredibly busy few months for the small team who are working towards this, whilst maintaining an oversubscribed LawWorks Clinic and discrimination casework service, from their base at Ipswich and Suffolk Council for Racial Equality. Fundraising is continuing in earnest in the build up to the launch at the end of March. Audrey Ludwig, Director of Legal Services, explains that it has been a rewarding, but uphill climb, “Thank you to everyone who donated to our Crowdfunder ‘A Law Centre for Suffolk’. The support from our friends and colleagues, as well as the general public, has been uplifting. A special mention has to go to MP for Ipswich, Sandy Martin, a vocal supporter of Suffolk Law Centre, who pledged £1,500 to our campaign at the end of 2017! So, this brought our Crowdfunding total to over £11,000! We also raised lots selling the beautiful Xmas cards designed for us by local lawyer and artist Anthony Wooding, so a huge thanks to him.” Suffolk Law Centre is keen to develop projects in its first year to provide support to litigants in person, disadvantaged people living in rural areas with limited access to services and those in need of immigration and housing advice.
As well as applying to grant-making Trusts and Foundations, Suffolk Law Centre will continue fundraisingactivities. If you would like to make a donation, please go to: https://mydonate. bt.com/events/ suffolklawcentre Great Legal Bake: Is your firm taking part in the Great Legal Bake? The Eastern Legal Support Trust organises this marvellous opportunity to bake and eat cake every February – this year, it is running from 12th – 16th February. Why not apply to take part and to donate 50% of your takings to Suffolk Law Centre? http://www.elst.org.uk/great-legal-bake.html Ipswich Legal Walk: Always popular, good fun, and sunny, the Legal Walk will take place in June, and Suffolk Law Centre will be co-ordinating the event; details to be confirmed, but dig out your walking shoes…. If you would like to be kept up to date with Suffolk Law Centre, or are interested in ways that you can support them, please email: ALawCentreforSuffolk@iscre.org.uk
Caring for an older generation will not improve until information about care services and all related factors are freely and visually available. Angela Gifford, MD. Able Community Care Ltd.
As a care provider of 37 years we are experienced on not only how we provide our own live-in care services but on how other related professionals and organisations offer care, information, advice and guidance. Many older people and their families make decisions about their care at a time of crisis and unfortunately many such decisions are later regretted. To make a choice about an older person’s remaining years, information is the one powerful tool that will enable the right choice to be made for the individual. Sadly, the ability to easily access such material is lacking. As part of the volunteer role we offer to older people’s organisations, clubs and associations we give free presentations around the subject of health and care based on stories and history to make the time entertaining to the members.
At the end of each presentation we are happy to answer practical questions about care today across the wide spectrum of the sector. Usually there is a queue that forms. The overwhelming message we take from these sessions is that the knowledge about: - what is available, entitlements, the cost, what is free, financial help and products and simply where to go is largely unknown. We find that people are paying for care services that should be free/part funded or where people are not receiving financial help that they are entitled to. Those who have experience of care, usually through a family member, again have little knowledge of the system and it often appears that they have been left without information which would complement the care they have experience of and make, in many cases, their lives easier. The prospect of needing care is one that no one wants to think about, but the reality is that some of us will require care support. To make this adjustment from being independent to a position where a person is dependent on others should be made as painless as possible and having some control of this time in a person’s life is made easier with information that can lead to choices being made. Many information gateways with reference to care and health, are projects which run for a period, provide useful material, then financial cuts are needed, and the gateway disappears. What can be done to improve this situation? Currently, Leaflets are available but not succinct. A better leaflet could have, for example, a list of subjects related to elderly care which offer contact details, (telephone numbers, helpline info, website details) to call or visit for a range of older care information. Libraries, hospitals, GP surgeries, community halls, chemists all could have the same leaflet, the branding becoming common knowledge and easy to recognise. A brand leaflet that can be localised. Public sector advertising could play a large part especially as many older people watch day time television and listen to local radio. To provide such information would be a low-cost project but one of immense value.
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www.snels.org.uk
Able Community Care has a strap line ‘It is better to know us and not need us than to need us and not know us’. However, as far as care information is concerned this is a practical suggestion for any person/family to research any care provision before it becomes a necessity.
For your Holiday Care Companion Brochure ring 01603 764567 or email to info@ablecommunitycare.com www.ablecommunitycare.com
University of Suffolk Law Student Mentoring Scheme The purpose of the Law Student Mentoring Scheme is to facilitate contact between second year law students and the local legal community.
Suffolk & North Essex Law Society
How will it work? Initially, a pilot group of practitioners will be asked to participate based on the number of students expressing interest. The University will host an event in February 2018 to launch the scheme which will provide an opportunity for mentors to meet their allocated student. It will then be for the mentor and student to arrange future contact. There is no required level or form of contact although we would prefer contact on at least three occasions during the academic year. This contact can be face to face, e-mail or telephone, although we would hope that at least one occasion would be face to face.
The five cardinal sins of leaders in professional firms 1) “ ....this is how we have always done it” I have lost count of how many times I have heard this said in professional firms of all sizes. Professional firms often work on an apprenticeship basis where experienced professionals recruit and hire trainees who will work their way up the greasy ladder. Inevitably, the future of these trainees is largely in the hands of the old timers who have been in the firm “man and boy”. Sadly, this culture tends to discourage new ideas and innovation; even experienced and proven hires from outside will struggle to promote change without critical mass. Firms who hire externally should encourage those recruited to critically review the processes of the firm and then make sure they listen to their views.
2) “...why change? We are doing okay?” It’s all too easy when profits are okay for leaders to stay in their comfort zone rather than address the apparently small issues that hold the firm back from greatness. The comfort zone is probably the greatest barrier to success for all professional firms. Unfortunately, for todays professional firms, “doing okay” can quickly slide into poor performance which then leads to the drift of the best professionals which in itself accelerates the slide in performance.
3) “...first things first, we need a committee...” Committees kill innovation. Successful entrepreneurial firms are able to make small changes quickly, give professionals sufficient autonomy to try new things, share ideas and celebrate success.
4) “...its just the way he is” or “ but he is our best business winner” or “he is a maverick” or ‘he is just driven” Unfortunately partnerships can be like marriage and all too often poor behaviour by employees or even partners has been tolerated by the leaders of the firm for many years. In such cases it is very hard to summon up the enthusiasm to tackle the behaviour even when it is raised in staff surveys, exit interviews etc. Unfortunately inaction, or the perception of inaction, is tantamount to condoning unacceptable behaviour and will impact the performance of a team and the retention and recruitment of future stars. I have myself been told that the behaviour of an individual is tolerated because of the danger of losing their financial contribution to the firm and yet, if they were to leave, you often find that quite the opposite is true.
5) “they are too good for us and we won’t be able to retain them” Too often professional firms recruit for competence rather than excellence. The aspirations of those recruiting staff are set low. There is a dearth of talent in the professional sector today and firms should be willing to create opportunities for strong candidates who will drive innovation and demonstrate commitment to client lead services.
Fiona Hotston Moore Forensic accounting partner & accredited expert witness Ensors Chartered Accountants M: 07770 642 491 | E: Fiona.hotstonmoore@ensors.co.uk | @hotstonmoore Member of NIFA & The Academy of Experts 10
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By Fiona Hotston Moore – Ensors Chartered Accountants
It would be beneficial to students if they were able to visit your office or chambers to see the environment in which you work. If you attend court, accompanying you to court might be equally beneficial. Although there is no expectation that mentors provide students with work experience or shadowing, we would be delighted if you were able to do so.
What are the benefits for the student? Professional mentoring provides an opportunity for the student to gain an insight into the mentor’s work and area of expertise as well as the commercial reality of the legal profession. It could potentially bridge the gap between theory and practice. Mentors may also be able to offer support in relation to career choices and aspirations. For students committed to a career in law this scheme could
What are the benefits for the mentor? Unfortunately, we are not able to pay you for your involvement in the scheme. However, mentors from schemes elsewhere have reported that they got a sense of satisfaction from sharing their experiences and knowledge by supporting students in their transition from undergraduates. Many potential mentors will have themselves benefitted from similar discussions with legal practitioners when they were considering joining the profession; this scheme provides an opportunity to continue this tradition.
Suffolk & North Essex Law Society
Students who have expressed an interest in the scheme will be paired with a legal practitioner to be their mentor. The scheme is voluntary for law students. They have been asked to indicate whether they have any preference as to the area of law that they would like their mentor to work in and whether they have any geographical preferences. They are aware that it may not be possible to accommodate all of their preferences, but that participation in the scheme would still be valuable.
provide a valuable opportunity to get an insight into the type of work they could seek to get into. Equally, for those that are not yet sure whether legal practice is for them, this could assist them in making that decision.
We believe that contact with our students should be enjoyable for both parties. They have not been pressured into participating in the scheme and are only doing so because they feel that it would be a valuable experience for them. We hope that everyone will enjoy this experience.
What are the expectations of the student? • To take responsibility for initiating contact with the mentor • To reply promptly to contact from the mentor • To honour commitments to meet other than in exceptional circumstances • To represent the University of Suffolk appropriately
What are the expectations of the mentor? • To be a supportive, critical friend • To provide the student with a realistic overview of life as a legal practitioner
Further questions? Contact Stephen Colman, Senior Lecturer in Law S.Colman@uos.ac.uk 01473 338526
Happy New CV! Increasingly we work with people without the need for CVs, however I still maintain they are a document worth having and worth keeping up to date. You will benefit from an ongoing record of your working life. This month: Draft or Update your CV If you don’t have a CV then draft one. I can send you a template to start from. If you have an existing CV then update it. Add to your CV:
• Key achievements
• Interesting or unusual cases and deals
• Business development work: include specifics of clients bought in or quantifiable work generated along with any marketing activities.
• What new initiatives have you instigated at your firm or organisation? Which of your ideas have been taken on board successfully? • Details of any organisation that you belong to/ accreditations that you have
Put everything down, you can always edit it at a later date. Make sure you quantify specific numbers or examples, of course without compromising client confidentiality. As a rule your current role should always contain the fullest information. Think about the amount of time you spent in a role. If you were with a firm for 5 years then two bullet points of information on what you did there is not enough. Remember, your CV is your marketing document and you are allowed to blow your own trumpet! www.snels.org.uk
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Sponsored by Executor Solutions, Index, JM Finn & Williams~Wroe Suffolk & North Essex Law Society
Suffolk & North Essex Law Society
2017 President’s Annual Dinner
83rd Annual Dinner was a great success! You are warmly invited to the 30th Annual Essex Law Lecture
‘The Lawyer as Political Actor’
By guest speaker Jolyon Maugham QC
Date: Monday, 19th March
Please book your free place via eventbrite: http://www.eventbrite.co.uk/e/30th-annual-law-lecturethe-lawyer-as-political-actor-tickets-42272161172
Reception from 6pm
For further information: E lawhrcevents@essex.ac.uk T 01206 872762 / 4736
Ivor Crewe Upper Foyer
Lecture from 6.45 pm Ivor Crewe (Auditorium A)
University of Essex, Wivenhoe Park, Colchester, Essex CO4 3SQ
Essex Law School is delighted to invite you to its Annual Law Lecture on 22 February 2017.
A drinks reception will be held in the Ivor Crewe Upper Foyer from 6.00pm. The event will commence from 6.45pm with the award of the Annual SNELS Prizes followed by the lecture.
For the past 30 years, a highlight of the legal year has been the Essex Law Lecture, hosted by Essex Law School with the support of the local profession through the Suffolk and North Essex Law Society (SNELS). Previous speakers have included senior judges, the Director of Public Prosecutions, HM Chief Inspector of Prisons, directors of NGOs, prominent legal practitioners and Members of Parliament.
The 83rd Annual Dinner was held at the award-winning Stoke by Nayland Hotel. The event was sponsored by Executor Solutions, Index Property Information, JM Finn, and Williams~Wroe. Once again, the Dinner was well supported by many member firms from across the region and also East Anglian and Cardinal Chambers. Thanks go to our sponsors and the hotel for some great raffle prizes. The raffle raised over £500.00 for the Suffolk Law Centre.
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The evening’s entertainment was provided by The Fabs, a 5-piece band that played popular hits from the 1960’s through to the 2000’s. It seems we now have a winning format which is attracting both young and more senior members of the profession. www.snels.org.uk
Event concludes at 7.45pm Certificate of attendance can be provided to solicitors Event Sponsored by the Suffolk and North Essex Law Society
Guest Speaker Jo became a Queen’s Counsel in 2015. In 2016, The Lawyer featured him as one of only 10 members at the Bar in their ‘Hot 100 2016’. And he was described by The Times as ‘one of the country’s leading barristers’. He has advised both the UK government and Ed Miliband’s Labour Party on tax policy and is a key opinion former in the field. Jo is the founder and director of the Good Law Project, a not for profit which uses the law to advance progressive values. He is
currently pursuing litigation against Uber’s London entity to establish whether it is avoiding £200m per annum of value added tax along with a number of judicial review cases around the governance of Brexit. He is a regular contributor in the national media. He has written for the Financial Times, the Guardian, the Times and others. He is a former Chair of Gingerbread and the Fatherhood Institute. www.snels.org.uk
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Although British people worry about their finances, the majority no longer expect to receive a considerable amount of future inheritance and are willing for their parents to factor in other beneficiaries into their Will, including good causes. These findings - from a recent studyi by Remember A Charity - highlight the importance for solicitors of making clients aware of the option of including a gift to charity in their Will, once they have taken care of family and friends.
Based on twin surveys of over 2,000 adults (half aged 30-45 and the other aged 65+), the study explored people’s attitudes and expectations around inheritance. It found that while both generations worry about their finances, the older generation is more concerned about their children’s futures than their own. They want to be able to take care of their children and are concerned about escalated living costs and other financial uncertainty.
The under-45s expressed their worries about their own financial future, with the rising cost of living, social care, property prices and Brexit all cited as factors that are reducing their expectations around what they might inherit in the future. As a result, only a third of adults said they expect their parents to leave them everything they own when they pass
away and fewer still now factor inheritance into their long-term financial planning.
While both generations were asked their views on what they want to do with their estate or inheritance and whether they would be happy for any potential inheritance to be donated to good causes, the under-45s were shown to have a particularly strong social conscience.
Rob Cope, Director of Remember A Charity, says: “This suggests a shift in attitudes between generations. The older generation is enthused about the concept of leaving a gift, but remains understandably anxious about the need to take care of their families.
“Meanwhile, their children’s generation is equally concerned about finances, but no longer expects to receive a sizeable inheritance. They have a strong social and moral conscience and, although most hope to be included in their parents’ Wills, the main concern is for their parents to do what they want with their estate, making provisions for all those things that matter to them.”
When it comes to charitable donations, over half of under-45s are happy for their parents to donate part of their estate to good causes. One in 10 claim that they have already actively encouraged their parents to use their Will to do social good and one in 20 went so far as to say that they would be happy for their parents to leave their full estate to good causes.
Cope adds: “Despite the spiralling costs of living, social care and economic uncertainty around Brexit, people have a strong social conscience and many even encourage their parents to use their estate to make the world a better place.
“We would always encourage people to consider their family and friends first, but it’s great to hear that people seem to understand that they can use their Will both to look after their loved ones and their favourite charities. “With charities feeling the double-edged sword of continued funding cuts and ever increasing demands for services, the support of the legal profession has never been more important.”
Backed by Government and the Law Society, Remember A Charity is now launching its annual outreach programme working to encourage solicitors and Will-writers to highlight the opportunity of including a charitable gift to clients. The campaign is calling on solicitors and Will-writers to join its existing network of over 1,100 Campaign Supporters and commit to share information with clients about legacy giving. To find out more or join the existing network of 1,100 campaign supporters visit www. rememberacharity.org.uk. i Survey carried out by Censuswide, 14-18 July 2017. Sample ba people aged 65+.se 1,014 people aged 30-45 and 1,008
Suffolk & North Essex Law Society
Suffolk & North Essex Law Society
Financial Concerns Limit People’s Inheritance Expectations But Not Their Charitable Spirit
We always have lovely cats looking for loving homes. 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
“ I want to help provide a safety net for future seafarers and their families.” As an island nation, we rely on seafarers who risk their lives, put food on our plates and carry vital supplies to and from our shores.
www. seafarers.uk
Leave a lasting legacy to our seafarers FIND OUT MORE… To find out more about our work or to request our legacy pack, please call 020 7932 0000 or email seafarers@seafarers.uk
By leaving a gift to Seafarers UK in your will, you will help to support seafarers and their families who find themselves in need of essential support at difficult times. Last year Seafarers UK gave £3.2m in funding
to more than 60 maritime charities and organisations. Seafarers UK receives no government funding and is heavily dependent on public donations and legacies to maintain its grant-making programme.
Seafarers UK (King George’s Fund for Sailors) is a registered charity, number 226446, in England and Wales, incorporated under Royal Charter. Registered in Scotland under number SC038191.
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WE MADE A PACT TO HELP ANIMALS I N 1995 A SMALL GROUP OF DEDICATED PEOPLE WITH AN ENORMOUS LOVE AND
Following on from my last report, the President’s Annual Dinner proved to be another great success. The raffle held that evening raised over £500 and is being donated to the Law Centre for Suffolk. The SNELS Council have agreed to match this amount and therefore the total being donated to the Law Centre for Suffolk is £1,000. Again we thank our Sponsors J M Finn, Index and Executor Solutions for their wonderful donated prizes. In this coming year the Law Society will continue its focus on BREXIT. My role as your SNELS PLO is to feed back any issues or concerns lawyers within our region may have on the BREXIT so these can be brought to the attention of the BREXIT taskforce and be used in negotiations of the separation agreement. Therefore, if there is anything members would like to have raised or put forward to your local MEP or the Law Society please e-mail me louise.goodenough@haywardssolcictors.co.uk.
Suffolk & North Essex Law Society
RESPECT FOR ANIMALS MADE A PACT TO HELP THEM. THEY SET ABOUT THE TASK OF RESCUE, REHABILITATION AND THE REHOMING OF THE UNWANTED AND ABUSED IN NORFOLK. NOW IN 2016 PACT IS THE LARGEST ‘ALL ANIMAL’ SANCTUARY IN EAST ANGLIA. PACT NOW CARES FOR OVER 1400 ANIMALS IN THE SANCTUARY AND IN 2015 MADE A DIFFERENCE TO ANOTHER 2200 LIVES OF ALL SPECIES HALF WERE WILDLIFE INCLUDING 580 BIRDS AND 550 HEDGEHOGS.
PRO/PLO Report Our new Deputy Vice President, Matthew Cameron, who takes on the task of organising this year’s SNELS seminar has invited Mickael Laurans, Head of International at the Law Society, to give a talk about the Law Society’s EU and international activities. In the run-up to our potential departure from the EU we are sure that this will be a most interesting event. The date for this will appear on our website www.snels.org.uk and twitter @SNELS_UK shortly. A number of other training events will be taking place this year so please keep a look for these too.
Louise Goodenough Louise.goodenough@haywards-solicitors.co.uk
St Mary's Suffolk and Norfolk Law Society ad winter-spring 2018 134mm h x 183mm w 05/02/2018 12:04 Page 1
PLEASE WILL YOU NOW MAKE A PACT TO HELP ANIMALS WITH A LEGACY TO PACT?
Don’t miss the St Mary’s bus!
T he P ACT is als o be twe e n anim als and pe o ple as T he H e nry H allam T he rapy Ce ntre at the s anc tuary is de dic ate d f o r dis able d pe o ple and tho s e with e mo tio nal and le arning dif f ic ultie s to be ne f it f ro m a s anc tuary whe re the y c an inte rac t with anim als , and g ain o r re g ain c o nf ide nc e and s e lf - re s pe c t witho ut the ne c e s s ity o f c o m ing into c o ntac t with many pe o ple . P ACT is als o ac kno wle dg e d to be the be s t training g ro und f o r s tude nts o f anim al we lf are in the c o unty and e ac h y e ar we g ive wo rk e xpe rie nc e to 80 s tude nts f ro m lo c al s c ho o ls and ag ric ultural c o lle g e s .
PACT HAS A STRICT ‘NO KILL’ POLICY AND TRIES NEVER TO TURN AN ANIMAL AWAY BUT THE PRESENT FINANCIAL CLIMATE IS SUCH THAT WE ARE FULL AND THE ANIMALS DESPERATELY NEED YOUR HELP.
PACT ANIMAL SANCTUARY PEOPLE FOR ANIMAL CARE TRUST (PACT) RIVER FARM WOODRISING, HINGHAM, NORFOLK NR9 4PJ CHARITY REGISTRATION NUMBER 1154444 TELEPHONE 01362 820775 www.pactsanctuary.org
A flying start to learning for girls and boys aged 3-4 in our purpose-built Kindergarten. Excellent academic results and opportunities for the arts, music, sport and adventure at our Lower School for girls aged 4-11 and Senior School for girls aged 11-16. Dedicated bus to St Mary’s Senior School serving Ipswich, Chelmsford, Danbury, Maldon,Witham, Braintree, Halstead, Mersea and surrounding villages.
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Come along to our 2018 Open Days. Contact our Registrar on 01206 216420 or email registrar@stmarysolchester.org.uk to arrange your visit. See www.stmaryscolchester.org.uk for more information. www.snels.org.uk
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Let’s bake for justice this February! Whilst January diets may currently be in full swing, it is time to start looking forward to treating yourself to some sweet treats or savoury snacks come February 12th. So far we have over 100 organisations registered nationally to #bakeforjustice and we would love it if you could join them. There is only 1 month left to go so get signing up!
Join the search party!
Would you like to get Suffolk and North Essex Law Society involved? All you need to do is ask your colleagues to dust off their best family recipes over the coming weeks and get baking for a very good cause. Also, you can let people know that they can tuck in to some amazing baked goods, safe in the knowledge they’ll be helping provide free legal advice in the process! Last year over £33,000 was raised nationally, and we hope to beat that total this year. With your help we can #raisesomedough for justice! There are two main ways you and your colleagues can take part:
• Bake a cake, batch of biscuits or something savoury and bring them to the bake sale • Buy some of these treats to have with your morning coffee or afternoon tea and make a generous donation
All the money raised during the week will go towards supporting the valuable work of law centres and legal advice agencies. All of the regional Trusts deliver much needed funds to these organisations through targeted grants rounds, whilst sharing good practice to help agencies become more sustainable for the long term. If you would like to join in you can register at
Great Legal Bake - like our page here http://www.facebook.com/ GreatLegalBake?fref=ts
After we receive your application form we will send you all the information you will need, including all the necessary materials to hold a successful bake sale!
Check up on #GreatLegalBake https://twitter.com/search?q=%23gr eatlegalbake&src=typd
http://www.lsteventregistration.org.uk/elst-great-legal-bake.html.
Best wishes
Fundraising and Development Manager,
We’re celebrating 20 years of excellence.
PS: Remember, if you are...
As a leading conveyancing search company, we’ve every reason to celebrate. We’ve been delivering searches for 20 years, evolving to meet market requirements and offering a unique and insightful service to our customers.
Laura Cassidy
The Eastern Legal Support Trust
· a legal advice agency 100% of the funds you raise are kept by your charity! ·
a law firm or chambers you can raise 50% for your favourite legal advice charity and 50% for the ELST by telling us which partner agency you want to raise for.
The result? Indispensable peace of mind, whether your transaction is local, regional or further afield. We’re also raising a glass to our growing range of online services, adding simplicity and accuracy to your ordering process. Here’s to the next 20 years!
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events@elst.org.uk www.elst.org.uk 020 7092 3973 Office: The National Pro Bono Centre, 48 Chancery Lane, London WC2A 1JF Registered office: Botanic House, 100 Hills Road, Cambridge CB2 1PH The Eastern Legal Support Trust is a company limited by guarantee (company no. 07398883) and a registered charity (charity no. 1140991) www.snels.org.uk
Geodesys. All you need to know. For more information call 0800 085 8050 or email customer.services@geodesys.com www.geodesys.com
Data Protection Law evolves into a new niche
For those of us involved in resolving family law cases using DNA testing technology, there are now some additional considerations, notably those relating to genetic information that could have derived from, say, a paternity test. For the first time, these data, along with biometric data are specifically mentioned in the legislation and are classified as sensitive personal information, along with religious beliefs, physical and mental health and ethnic origin. This is long overdue. Nothing is closer to your very being than your own unique genetic code. Analysis of your genes can already tell a lot about you, in the future this will be substantially more. Predicting (yes predicting, not just diagnosing) diseases, abilities or preferences all come under the spotlight. For those of you that think that the ability of ISPs to present advertisements based on your surfing activity is bad enough, it is truly little compared to what could be done with access to your genetic data. The key to unlocking your code is the physical DNA itself, which can be isolated from a bodily sample, most simply a cheek swab or saliva
sample to collect some cells from inside the mouth. In a paternity test we look at regions of DNA that are to be found throughout your personal DNA code (your genome). For the most part, these regions (the DNA profile) have no functional consequence, they are just markers in the sand. They are powerful enough though, to identify your immediate family and who is, or is not, the father of a child. It is this DNA profile that you may hear about as being stored on DNA databases and retrieved for example, in connection with a crime. More imperative to consider is the rise of companies which obtain your DNA sample and sequence the entire genome or make a detailed map, thus providing you with a report on say, your distant ancestry or changes in your genome which relate to disease pre-disposition or other characteristics. These data are necessarily far from complete and conclusions are far from absolute, yet these providers often continue to Continues over page hold the DNA, sample and data. Consumers may find that they have agreed to retention of their DNA and the sharing of their genetic data (sometimes with payment) with third parties for other purposes. The consent these companies have obtained from consumers is not a fully informed consent as there may be risks and consequences that currently cannot be foreseen. The retention of genetic information is in fact broader than that too…such information is being held by healthcare providers and by universities and indeed, sometimes without limitation of time. You may have heard of “biobanks”, where genetic information is held for the purpose of “research”… i.e. DNA data mining, which is often carrying a tenuous rationality. This is precisely why GDPR is needed, consent buried in T&Cs is not a fair consent and the explicit “opt-in” required under GDPR will mean
that consumers genetic data cannot now just be held in the expectation that an opportunity will arise for the testing company, without the consent of the donor to the use of their data in the new circumstances. GDPR also means that there will need to be accountability for the genetic data stored and how it is used. This is in no part a complete block on important genetic developments; GDPR is quite rightly asking for accountability for the DNA data, as it does with other pieces of Personally Identifiable Information (PII). In family law cases, which generally involve DNA profiling, reasonable steps must be taken to protect clients’ data. Given the complexity of the cases we generally have to deal with, e.g. multiple solicitors representing different clients, the involvement of social services and local authorities, court orders, private individuals and international cases (including immigration), there is a veritable minefield of responsibility which must be attended to under GDPR. Coupled with the need of many to improve general internal practices (location of data, how it is used and shared, accessing from off site, cloud storage) GDPR will bring significant audit responsibility to the legal profession and it subcontractors. We stand ready to work with you on these complex issues. What will arise will be a better system where genetic and other data is properly accounted for. Neil Sullivan, BSc., MBA (DIC), LLM, PhD. General Manager, Complement Genomics Ltd (trading as www.dadcheckgold.com) 1: 1 The General Data Protection Regulation see: https://ico.org.uk/for-organisations/guide-to-thegeneral-data-protection-regulation-gdpr/
You always know it’s autumn when the conference season kicks off. And it is usually the Conference of the Expert Witness Institute (EWI) that starts it in considerable style.
This year, on 21st September 2017, over 100 EWI members made their annual pilgrimage, as it were, to their usual conference venue of Church House, looking customarily impressive in its leafy, campuslike location in Westminster, not far from Westminster Abbey and Parliament.
As in previous years, the Conference was notable for its roster of distinguished speakers, from Lord Justice Rupert Jackson, who gave the keynote speech -- to the inaugural address delivered by Martin Spencer QC (now Mr Justice Spencer) who, in addition to his role as a High Court judge, has assumed the chairmanship of the EWI. Presided over by EWI Governor and Conference Chair, Amanda Stevens, this is a gathering where lawyers are well placed to garner important insights into the role of the expert witness in court -- and where expert witnesses can meet, greet and compare notes with each other, as well as with the lawyers whom they might possibly advise, or for whom they might well receive instructions. Expecting an especially memorable conference this last year, the delegates were not disappointed.
The Keynote
Lawyers of course will need no reminder that it was Jackson who, in 2009, accepted the monumental task of constructing the famed and often controversial ‘Jackson Reforms’ on the vexed question of costs, implemented finally in 2013. His keynote speech referred throughout to his latest supplemental report published on 31st July 2017. The title -- ‘Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs’ -- is self-explanatory.
Interviewed just prior to his keynote address, Jackson mentioned that his reforms have been the subject of some negative comment. The criticisms in his original report were aimed primarily at legal fees of the exorbitant, outrageous and disproportionate variety. Many have argued of course that what is termed disproportionate by the consumer of legal services is not necessarily considered so by the legal team which provides them.
Controversies on Costs Herein lie the seeds of controversy, not surprisingly, which have been germinating for some time. Meanwhile -- especially transatlantically --- the matter of ‘pricing’ legal services has become almost a separate discipline, presided over by consultants – not necessarily lawyers -- who claim special expertise in this area. It’s equally unsurprising that these and related developments have pointed up the need once again, for Jackson’s latest Report.
Affable and erudite -- note that he has been editor-in-chief of The White Book since 2010 -- Jackson explored more than a few key areas of scrutiny on fixed recoverable costs. As expert witnesses can and do provide testimony in court which can turn the course of a case one way or another, they do expect to get paid – proportionately and preferably on time. Judging by certain searching questions from members of the audience, issues of costs at this conference began to emerge as a major concern. Jackson therefore referred to the causes of excessive costs identified in his initial costs review. While most of his recommendations have been, in his words, ‘bedded in’ following their implementation in 2013, there are six remaining that haven’t -- and in which apparently little or no progress has been made.
In response to the obvious need for a further review, the Lord Chief Justice and the Master of the Rolls commissioned Jackson in November 2016 to develop proposals for extending the principle of FRC – Fixed Recoverable Costs.
An EWI First Judging from Jackson’s additional remarks just prior to the speech,
the EWI members attending this conference were among the first to have sight of – or at least detailed information about – the latest recommendations in his supplemental report.
As the Report was first published in July of 2017, government ministers who were to be its first recipients, were all away on their hols and therefore not available for comment. However, by the time this article sees the light of day, they will indeed have seen the Report, one hopes, and noted its contents. But considered in the light of experience, it is not even remotely possible that the newly published recommendations will be implemented before Jackson’s retirement in March 2018. His wide-ranging speech to Conference, however, covered many more issues, including matters such as guideline hourly rates… ‘not satisfactorily controlled’, and inadequate numbers of staff and IT facilities in the civil courts.
He pointed a critical finger at other factors that bump up costs: ‘time consuming court procedures’ are one example -- and ‘the complexity of the law’ another, in certain areas of litigation. The obvious remedy, which again is hardly likely to come to pass all that soon, is simplification, which would certainly benefit bemused members of the public and the growing numbers of litigants in person.
It would seem, however, that his criticisms of ‘too high’ court fees, have been met with indifference. ‘I might as well bleat at the sea like King Canute,’ he said. ‘Instead of being reduced, they’ve gone up. I’ve made harsh comments about that, but no one has taken any notice!’
[Sorry, we can’t help mentioning here that King Canute gets a bad press on this one. What he was really trying to do was convince his sycophantic courtiers that even he, with all his earthly power, couldn’t control the sea -- any more than anyone can turn back the rising tide of new and ever-evolving legislation, as well as burgeoning costs.]
Professor Roger James Independant Health Consultant and Expert Witness
Professor Roger James is an independent Health Consultant with extensive experience of UK and
international clinical governance, regulatory procedures, service development, reconfiguration and delivery, particularly in the field of cancer services.
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We are at present seemingly swamped by marketing materials which are keen to point out the financial consequences of non compliance with the new EU wide data protection regulation, the GDPR 1, which is due to come into force on 25th May 2018. This legislation, despite the inevitable cost to business in terms of change to process and procedure, is badly needed for the protection of all of us. The stealing of personal data for nefarious reasons is becoming more and more common and it is right that the law evolves to protect its citizens. Hailed by many as a “revolution”, we prefer to think of it as an “evolution” to fill a niche largely created by e-communication.
Expert Witnesses confer and convene with legal high fliers on costs and other awkward questions
the expert witness as an individual and the EWI as an organisation.
The Executive Summary
He mentioned the ‘age-old problem of getting paid’, (speaking of costs) with which he was very familiar in his thirty-six year career as a barrister. Referring to his recent appointment as a High Court judge, he looks forward, he said in somewhat jocular fashion, to at least getting paid regularly!
As for the Supplemental Report itself, ‘read my Executive Summary,’ is Jackson’s best advice – and a good suggestion too, as it functions as a precis and guide to the main document, while reiterating crucial points.
The first of these is a reminder that ‘In England and Wales, the winning party is entitled to receive costs from the losing party.’ Now there’s a grim reality that many overseas/transatlantic clients (you’ve probably got at least some of those) just simply don’t get. In their view it is: (a) incomprehensible; (b) unbelievable and (c) grossly and manifestly unfair.
A Flawed Recipe The consensus here is that each side should jolly well pay its own costs, thank you very much – which is not out of line with Jackson’s considered opinion that this winner-takes-all policy is quite simply ‘a recipe for runaway costs.’ Now though, it appears that the ‘recipe’ isn’t going to be changed in a large hurry.
Jackson nonetheless retains his staunch belief in fixed recoverable costs, stating unequivocally that ‘the only way to control costs effectively is to do so in advance.’ Agreed fees up-front…or in advance -- or whichever way you want to put it - should in most circumstances, be the order of the day.
Martin Spencer QC As the new EWI Chair, Martin Spencer QC, in his inaugural address, discussed the challenges as well as the opportunities which face
Need an expert witness?
As a leading clinical negligence practitioner, it was throughout his practice as a barrister, he said, that he had experienced at first hand the crucial role that expert witnesses play, particularly in cases in which judges are not experts, either in clinical matters, or in other specialist fields, (from accountancy to zoology, for example) -- nor can they be expected to be.
Suffolk & North Essex Law Society
Suffolk & North Essex Law Society
Turning his attention to matters of medical negligence -- ‘a very difficult subject’ – Jackson expressed the view that most such cases worth up to £100,000 were not suitable either for the fast track, or even the new ‘intermediate’ track which he has recently proposed for other matters. However, other medical negligence claims of under £25,000 could -- or might -- be dealt with by a ‘bespoke process’ and a grid of fixed costs.
So it was appropriate that the conference later included a panel discussion on ‘Experts Getting Paid’ which followed a Fixed Costs Session featuring, among other things, government plans to introduce fixed recoverable costs for clinical negligence. Advocating an active approach to media, marketing and communications in a digital age, Spencer revealed an expansive and optimistic vision of the future for the EWI. ‘I believe we can be the definitive body of experts in only a few years,’ he said, recommending the development and implementation of a quality mark that lawyers could depend upon as an assurance of expertise.
Experts and Expertise Galore Certainly, there was a wealth of expertise and experts all in one place at this remarkable conference. Sadly, space doesn’t allow detailed description of many of the other conference speeches and debates, most of which dealt with highly specialised topics, from forensic science to soft tissue injury, with more than a few led largely by lawyers. The food wasn’t bad either and the networking opportunities were top drawer. The date of the next EWI Conference, scheduled for September 2018, is one you should definitely include in your Chambers diary.
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What’s changed and what this means for UK conveyancers The European Union’s Fourth Anti-Money Laundering Directive was implemented into UK law on June 26th. As a result there are changes to how law firms must conduct customer due diligence and an increased focus on the need to incorporate ongoing and documented risk assessment.
What’s the risk? There are regulatory and legal / criminal penalties in place for non-compliance. This includes fines of up to £1 million and prison sentences from two to seven years.
What’s changed? 1. Customer due diligence and risk assessment Under the new legislation the choice regarding level of due diligence is more limited. There is no longer any automatic exemption from enhanced due diligence. A decision to apply simplified due diligence needs to be evidenced by a documented risk assessment. In simple terms, this means that all conveyancing clients must be risk-assessed, regardless of country of origin, services purchased or delivery channels. Moreover, the risk assessment now needs to include Politically Exposed Persons (PEPs) and Financial Sanctions screening.
2. Ongoing record-keeping and transparency Risk assessments must be kept and made available to regulators. This is worth noting as it is the first time that firms are explicitly being told to document and file risks in this way.
How an electronic AML search can help An AML search facilitates risk assessment by combining all processes and records in one automated system. It enables firms to search for adverse information on a client more thoroughly than they would be able to do manually, and it ensures that compliance procedures are adopted firm-wide.
0330 660 0052 or 07921 579910 sarah@evidence-matters.com
03/10/2017 15:08:38 14:58:19 14:59:36
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A typical AML search offers: Automated risk assessment
This includes automated screening of Sanctions, PEPs and alert lists and multiple confirmation of identity, address and birth.
Choice of due diligence level
Users can opt for either simplified or enhanced due diligence. Simplified due diligence is typically for “low risk” transactions whereas enhanced due diligence is for “medium or high risk work”.
On-going compliance
The system continues to monitor risk-assessed clients, alerting you if documentation or data may affect the result of the original assessment.
Automated record keeping
An AML search also automates record-keeping and audit. Users have the option to add, certify and manage customer documents within the due diligence record.
Geodesys offers an AML search at a cost of £6 (inc VAT) for enhanced due diligence. For more information please see our frequently-asked questions on AML for conveyancers at www.geodesys.com/aml-directive-faq
Get Data Protection Right… Suffolk & North Essex Law Society
Why are changes being made? The increased use of technology such as mobile phones and tablets to access the internet and the use of social media has led to a change to the way in which people share their personal data, and businesses have developed highly sophisticated software processes to track online behaviour. It is not always apparent to the consumer that they are being monitored, or that their personal data is being used by third parties to influence marketing activities by businesses to drive sales. It has been difficult to regain complete control of personal data once it is in the public domain.
You should identify the lawful basis for your processing activity in the GDPR, document it and update your privacy notice to explain it.
The GDPR will redress the current imbalance to give individuals greater control in future over how their personal information is stored, and its use will become highly regulated.
In relation to children, firms should start thinking now about whether they need to put systems in place to verify individuals’ ages and to obtain parental or guardian consent for any data processing activity.
What should law firms be doing to comply with the GDPR? Firms will need to demonstrate compliance with the GDPR by 25th May 2018 deadline. This means that as a minimum, firms are required to; 1. Carry out an ‘Impact Assessment’ of the datasets your firm are responsible for. 2. Identify any Data Processors used by the firm and enter into a written contract with them. 3. Review your firm’s data security practices and data protection training. 4. Appoint an appropriate person to act as a Data Protection Officer on an ongoing basis. The Information Commissioner`s Office provides detailed guidance on how to comply with the GDPR. http://ico.org.uk/for-organisations/guide-to-the-generaldata-protection-regulation-gdpr/ Most lawyers are used to keeping detailed records, so will already have processes in place for safe guarding personal information, however it is important that all employees in the firm are aware that data protection law is changing and the impact that this may have on the firm if information is not stored and processed properly. The ICO recommends that: You should document what information you hold, where and how you hold it, where it came from and who you share it with. This is known as your data sets. You should review your privacy arrangements and put in place a plan for any changes that are necessary to implement GDPR. You should check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format. You should update your procedures and plan how you will handle subject access requests within the new timescales and provide any additional information. 26
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You should review how you seek, record and manage consent and whether you need to make any changes. Refresh existing consents now if they don’t meet the GDPR standard and remember that consent is not the only legal ground for processing information. Firms mustensurethe use of the personal information is in line with other aspect of the GDPR including data minimisation, use in accordance with individual’s rights, and any storage limitations.
You should make sure you have the right procedures in place to detect, report and investigate a personal data breach. You should familiarise yourself now with the ICO’s code of practice on Privacy Impact Assessments as well as the latest guidance from the Article 29 Working Party and work out how and when to implement them in your organisation. You should designate someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements. You should consider Article 37 GDPR to determine whether you are required to formally designate a Data Protection Officer. If your organisation operates in more than one EU member state (i.e. you carry out cross-border processing), you should determine your lead data protection supervisory authority. Article 29 Working Party guidelines will help you do this. Some parts of the GDPR will have more of an impact on some firms more than on others (for example, the provisions relating to profiling or children’s data), so it would be useful to map out which parts of the GDPR will have the greatest impact on your business and give those areas due prominence in your planning process. If you require assistance to get GDPR ready or any other law firm management issue, please do not hesitate to get in touch. kwilliams@williams-wroe.com Tel: 0781 4499375 www.linkedin.com/in/kimberleywilliamswroe
High Court provides first authority on meaning of ‘fundamental dishonesty’ A personal injury claimant’s dishonest actions must “substantially affect” the presentation of his case if the court is to make a finding of ‘fundamental dishonesty’, the High Court has ruled in the first ruling on the meaning of the phrase. It came in the context of section 57 of the Criminal Justice and Courts Act 2015 but should apply to qualified one-way costs shifting too. In London Organising Committee for the Olympic and Paralympic Games (in Liquidation) v Sinfield [2018] EWHC 51 (QB), the dishonesty related to part of the damages sought – specifically over help with gardening, amounting to 42% of the special damages claim – but the whole case was dismissed as a result. Mr Justice Julian Knowles said: “A claimant should be found to be fundamentally dishonest within the meaning of section 57(1)(b) if the defendant proves on a balance of probabilities that the claimant has acted dishonestly in relation to the primary claim and/or a related claim… and that he has thus substantially affected the presentation of his case, either in respects of liability or quantum, in a way which potentially adversely affected the defendant in a significant way, judged in the context of the particular facts and circumstances of the litigation.
Here the judge held that the claimant had knowingly made dishonest misrepresentations in his schedule of loss which could have resulted in the defendant’s insurer paying out far more than it could properly, on honest evidence, have been ordered to pay.
Suffolk & North Essex Law Society
The introduction of the General Data Protection Regulations (GDPR) on 25th May will change how lawyers store and use personal information not only on behalf of their clients, but also employees. Under the new regulations law firms will need to address broadly similar issues faced by other organisations when seeking to comply with the new stricter European Commission led regulationswhich will replace existing UK data protection legislation.
“By using the formulation ‘substantially affects’, I am intending to convey the same idea as the expressions ‘going to the root’ or ‘going to the heart’ of the claim.”
The fact that the greater part of the claim may have been genuine was “neither here nor there” where the court finds fundamental dishonesty, he added. He went on to say that where an application is made under section 57 and the judge determines that the claimant has been fundamentally dishonest, the entire claim must be dismissed, including any genuine element of the claim, unless the claimant could show he would suffer substantial injustice if his claim was dismissed. There was no evidence here to support a finding of substantial injustice. Roger Jones, the Kennedys partner who acted for defendant insurer Aviva, said: “After various lower court rulings on ‘fundamental dishonesty’, it was important to have a binding decision... “Mr Justice Julian Knowles has provided clear guidance on how the test works in relation to section 57, and it will also apply to CPR 44.16, where a finding removes a claimant’s costs protection under qualified one-way costs shifting (QOCS). “Both are helpful for defendants, but section 57 carries the real bite, since the entire claim will be dismissed unless the claimant proves substantial injustice, with the claimant paying the defendant’s costs less the amount the he would otherwise have received in genuine damages.”
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Caught in the Act
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Suffolk & North Essex Law Society
As part of a stream of legislation to hit the professional services sector, one of the latest is The Criminal Finances Act 2017. The Act renders companies and partnerships, ‘relevant bodies’, criminally liable if they fail to prevent its representatives from committing the facilitation of tax evasion. Representatives are associated persons including employees, anyone acting on their behalf or an agent. If guilty, businesses face unlimited their industry or profession. require the directors/partners to have had any those who act for or on behalf of the relevant body instead of criminal acts by that body itself. new Act: • there must be a criminal act of tax evasion • the crime was facilitated or carried out by a person associated with a relevant body • the relevant body failed to initiate adequate prevention procedures in relation to the act carried out by the associated person
Examples of facilitation could include misleading invoices (to look like a tax deductible expense) or incorrect allocation consequence. A defence is available when ‘reasonable prevention procedures’ were put in place to prevent the associated person from facilitating the evasion; or that it would have been unreasonable or disproportionate to expect such procedures to be in place. Reasonable prevention procedures should be based on six principles: 1. risk assessment – the relevant body should assess the nature and extent of the risk of an associated person facilitating tax evasion; 2. proportionality – procedures should be proportionate to the risk and take into account the nature, scale and complexity of the relevant body’s activities;
3. top level commitment – management should be committed to preventing illegal facilitation of tax evasion and should foster a culture that facilitation of tax evasion is never acceptable; 4. due diligence – appropriate risk based procedures with respect to all people who perform services on behalf of the relevant body; 5. employees and agents; 6. monitoring and reviewing – regular review and update of preventative procedures where necessary. So in conclusion full written policies and procedures are essential for preventing any organisation being caught out by the act of their employees, however unintentional those acts may have been. Paul Briddon Lovewell Blake
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46445
Your software swap checklist: Suffolk & North Essex Law Society
Read before you leap!
By Julian Bryan, Managing Director, Quill
Considering changing software suppliers?
If, for whatever reason, software change is essential, we’ve compiled five questions to ask yourself and prospective suppliers to help you really assess your options and carefully research the marketplace before you switch over. The preparatory stage of your software swap project necessitates watching software demonstrations, meeting key personnel, reading contractual documents, including terms and conditions, asking this series of probing questions then evaluating your combined results.
As an evolving profession, it’s easy to see why law firms upgrade their systems from time to time. You may expand or contract in size, adjust your area specialisms, accommodate new legislation and reform, merge or separate, face evermore-demanding clients or maybe you simply made the wrong technology choice in the first place and support from your existing supplier is poor. Software purchase isn’t a straightforward decision because there’s an inevitable time investment on your part as you roll out new systems. Your new supplier can, of course, ease this process by assisting you throughout implementation, data transfer and end user training. This is a major contributory factor to any successful conversion. Selecting the right technology partner, then, is paramount, particularly as this is possibly the beginning of a long-lasting working relationship between your two businesses. If your legacy IT infrastructure is ill suited to your current and future requirements, it’s time to tackle those tricky software decisions. When it comes to the all-important questioning phase, here are the five questions:-
1. Are you happy with the system’s legal accounts and compliance capabilities?
Accounting functionality should be easy to use by fee earners, cashiers and managers alike, in order to simplify logging of expenses, billing, posting of e-chits, monetary transfers, bank reconciliations, supplier payments, financial reporting and other accounts-related tasks. A single system for client and office accounts is much preferable, otherwise you’ll be constantly toggling between applications and wasting valuable (potentially chargeable) time in the process.
Compliant accounts management is dependent upon accuracy and due diligence. Search for a package that comes with an in-built warning system, automatic anomaly reports, AML scanning, identity verification, conflict checking and other risk management tools so that compliance with the SRA Accounts Rules, CLC Accounts Code and Scottish Accounts Rules is assured.
2. Have you established your exit strategy if your software choice doesn’t work out?
Contracts are occasionally outgrown. Check under what types of circumstances the contract can be terminated, specified notice period and what happens post-termination. For example, your supplier should act as the custodian, not owner, of your data and documents. Ensure everything’s exportable upon migration, and that formats and names are 30 preserved. www.snels.org.uk
Thereafter, your supplier should delete from their stores, otherwise you’ll fall foul of data protection rules. With imminent Data Protection Bill and GDPR laws coming into force this May, your duties in this respect are more onerous than ever before. Heavier too are the fines imposed for noncompliance. Your supplier must follow the right procedures in safeguarding your valuable data.
3. Does your potential software supplier belong to the Legal Software Suppliers Association (LSSA)?
The LSSA is the UK body for legal systems developers and vendors whose aim is to set and maintain professional standards within the sector and manage areas of mutual interest between solicitors, legislative bodies, government agencies and software houses. As such, member firms are bound by the LSSA’s strict rules and code of practice. For you, this provides a guarantee of the highest quality software and highest standards of service.
4. Can you speak with a real human being on the phone for help and support?
Will you be dealing with an actual person when you become an end user? Sometimes there’s no substitute for being able to pick up the phone and speak with someone who understands what you’re going through and can rectify your dilemma. Consider time zones, standard support hours and availability of extended out-of-hours support. What promises are made within SLAs with regards to system uptime, monitoring, maintenance and service responsiveness? These metrics provide your business continuity and disaster recovery plans.
For those busy periods during which phone interaction just isn’t possible, of course, email, fax and online chat options are important too. It’s highly likely you’ll utilise all these communication methods as time progresses.
5. What’s in the contract and can you digest at length before signing?
It’s the small print that often causes problems. Look at assigned liabilities, responsibilities and disclaimers. Don’t be rushed into signing contracts without having been given sufficient time to read and analyse first. If your supplier is forcefully requesting your signature, and you feel pressured to commit against your will, alarm bells should be ringing.
Contracts signed in haste often lead to disappointment and / or surprise, escalating costs. There’s a justifiable reason why contracts are lengthy documents. It’s a legally binding agreement between you and your supplier. Insist on having the necessary time to pore over the content of your contract, and only sign when you feel ready and comfortable doing so. To conclude, by following this plan, you’ll find out exactly what being a client will feel like, both in terms of software usability and staff interaction, as well as what happens should you later decide to cancel your subscription.
While this is certainly a good starting point to your software swap, it’s by no means an exhaustive list. There are other pressing questions to ask, not least regarding cyber security measures, data centre credibility, industry track record and live reference sites.
Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest privately owned legal software and outsourced legal cashiering provider with 40 years’ experience supplying outsourced services, legal accounts and practice management software to the legal profession. To contact the Quill team, call 0161 236 2910 or email info@quill.co.uk.
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